DTV Delay Act

by by the 111th Congress of the United States

111^TH UNITED STATES CONGRESS
1^ST SESSION

An Act
To postpone the DTV transition date.

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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.´´.

Approved February 11, 2009.

Legislative History

• S. 352, (S. 328)

• HOUSE REPORTS:
  • No. 111-11 (Comm. on Rules)
• CONGRESSIONAL RECORD, Vol. 155 (2009):
  • Jan. 29, considered and passed Senate.
  • Feb. 4, considered and passed House.

See also

• Digital Television Transition and Public Safety Act of 2005
• DTV Transition Assistance Act