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THE BRIEFING ROOM The DTV Delay Act of 2009
The House of Representatives voted Wednesday, February 4, 2009, to extend the
conversion from analog to digital TV until June 12, 2009. The Senate had already
approved the bill.
Read the full text of the new law below.DTV Delay Act (Considered and Passed by
Senate)
S 352 CPS
111th CONGRESS
1st Session
S. 352
To postpone the DTV transition date.
IN THE SENATE OF THE UNITED STATES
January 29, 2009
Mr. ROCKEFELLER (for himself, Mrs. HUTCHISON, Mr. KERRY, Ms. KLOBUCHAR, Mr.
PRYOR, Mr. DORGAN, Mr. SCHUMER, Mr. KOHL, Mr. SANDERS, Mr. HARKIN, and Mr.
CASEY) introduced the following bill; which was read twice, considered, read the
third time, and passed
A BILL
To postpone the DTV transition date.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `DTV Delay Act'.
SEC. 2. POSTPONEMENT OF DTV TRANSITION DATE.
(a) In General- Section 3002(b) of the Digital Television Transition and
Public Safety Act of 2005 (47 U.S.C. 309 note) is amended--
(1) by striking `February 18, 2009;' in paragraph (1) and inserting `June
13, 2009;'; and
(2) by striking `February 18, 2009,' in paragraph (2) and inserting `that
date'.
(b) Conforming Amendments-
(1) Section 3008(a)(1) of that Act (47 U.S.C. 309 note) is amended by
striking `February 17, 2009.' and inserting `June 12, 2009.'.
(2) Section 309(j)(14)(A) of the Communications Act of 1934 (47 U.S.C.
309(j)(14)(A)) is amended by striking `February 17, 2009.' and inserting
`June 12, 2009.'.
(3) Section 337(e)(1) of the Communications Act of 1934 (47 U.S.C.
337(e)(1)) is amended by striking `February 17, 2009.' and inserting `June
12, 2009.'.
(c) License Terms-
(1) EXTENSION- The Federal Communications Commission shall extend the terms
of the licenses for the recovered spectrum, including the license period and
construction requirements associated with those licenses, for a 116-day
period.
(2) DEFINITION- In this subsection, the term `recovered spectrum' means--
(A) the recovered analog spectrum, as such term is defined in section
309(j)(15)(C)(vi) of the Communications Act of 1934; and
(B) the spectrum excluded from the definition of recovered analog spectrum
by subclauses (I) and (II) of such section.
SEC. 3. MODIFICATION OF DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM.
(a) Extension of Coupon Program- Section 3005(c)(1)(A) of the Digital
Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) is
amended by striking `March 31, 2009,' and inserting `July 31, 2009,'.
(b) Treatment of Expired Coupons- Section 3005(c)(1) of the Digital Television
Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) is amended by
adding at the end the following:
`(D) EXPIRED COUPONS- The Assistant Secretary may issue to a household,
upon request by the household, one replacement coupon for each coupon that
was issued to such household and that expired without being redeemed.'.
(c) Conforming Amendment- Section 3005(c)(1)(A) of the Digital Television
Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) is amended by
striking `receives, via the United States Postal Service,' and inserting
`redeems'.
(d) Condition of Modifications- The amendments made by this section shall not
take effect until the enactment of additional budget authority after the date
of enactment of this Act to carry out the analog-to-digital converter box
program under section 3005 of the Digital Television Transition and Public
Safety Act of 2005.
SEC. 4. IMPLEMENTATION.
(a) Permissive Early Termination Under Existing Requirements- Nothing in this
Act is intended to prevent a licensee of a television broadcast station from
terminating the broadcasting of such station's analog television signal (and
continuing to broadcast exclusively in the digital television service) prior
to the date established by law under section 3002(b) of the Digital Television
Transition and Public Safety Act of 2005 for termination of all licenses for
full-power television stations in the analog television service (as amended by
section 2 of this Act) so long as such prior termination is conducted in
accordance with the Federal Communications Commission's requirements in effect
on the date of enactment of this Act, including the flexible procedures
established in the Matter of Third Periodic Review of the Commission's Rules
and Policies Affecting the Conversion to Digital Television (FCC 07-228, MB
Docket No. 07-91, released December 31, 2007).
(b) Public Safety Radio Services- Nothing in this Act, or the amendments made
by this Act, shall prevent a public safety service licensee from commencing
operations consistent with the terms of its license on spectrum recovered as a
result of the voluntary cessation of broadcasting in the analog or digital
television service pursuant to subsection (a). Any such public safety use
shall be subject to the relevant Federal Communications Commission rules and
regulations in effect on the date of enactment of this Act, including section
90.545 of the Commission's rules (47 C.F.R. 90.545).
(c) Expedited Rulemaking- Notwithstanding any other provision of law, the
Federal Communications Commission and the National Telecommunications and
Information Administration shall, not later than 30 days after the date of
enactment of this Act, each adopt or revise its rules, regulations, or orders
or take such other actions as may be necessary or appropriate to implement the
provisions, and carry out the purposes, of this Act and the amendments made by
this Act.
SEC. 5. EXTENSION OF COMMISSION AUCTION AUTHORITY.
Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is
amended by striking `2011.' and inserting `2012.'.
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