118 STAT. 3855 PUBLIC LAW 108–458—DEC. 17, 2004 simultaneously with the analog broadcasts they submit on their original 6 megahertz blocks of spectrum. (2) Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)) requires each television broadcaster to cease analog transmissions and return 6 megahertz of spectrum not later than— (A) December 31, 2006; or (B) the date on which more than 85 percent of the television households in the market of such broadcaster can view digital broadcast television channels using a dig- ital television, a digital-to-analog converter box, cable service, or satellite service. (3) Twenty-four megahertz of spectrum occupied by tele- vision broadcasters has been earmarked for use by first responders as soon as the television broadcasters return the spectrum broadcasters being used to provide analog trans- missions. This spectrum would be ideal to provide first responders with interoperable communications channels. (4) Large parts of the vacated spectrum could be auctioned for advanced commercial services, such as wireless broadband. (5) The 85 percent penetration test described in paragraph (2)(B) could delay the termination of analog television broad- casts and the return of spectrum well beyond 2007, hindering the use of that spectrum for these important public safety and advanced commercial uses. (6) While proposals to require broadcasters to return, on a date certain, the spectrum earmarked for future public safety use may improve the ability of public safety entities to begin planning for use of this spectrum, such proposals have certain deficiencies. The proposals would require the dislocation of up to 75 broadcast stations, which also serve a critical public safety function by broadcasting weather, traffic, disaster, and other safety alerts. Such disparate treatment of broadcasters would be unfair to the broadcasters and their respective viewers. Requiring the return of all analog broadcast spectrum by a date certain would have the benefit of addressing the digital television transition in a comprehensive fashion that treats all broadcasters and viewers equally, while freeing spec- trum for advanced commercial services. (7) The Federal Communications Commission should con- sider all regulatory means available to expedite the return of the analog spectrum. (b) SENSE OF CONGRESS.—It is the sense of Congress that— (1) Congress must act to pass legislation in the first session of the 109th Congress that establishes a comprehensive approach to the timely return of analog broadcast spectrum as early as December 31, 2006; and (2) any delay in the adoption of the legislation described in paragraph (1) will delay the ability of public safety entities to begin planning to use this needed spectrum. SEC. 7502. STUDIES ON TELECOMMUNICATIONS CAPABILITIES AND REQUIREMENTS. (a) ALLOCATIONS OF SPECTRUM FOR EMERGENCY RESPONSE PRO- VIDERS.—The Federal Communications Commission shall, in con- sultation with the Secretary of Homeland Security and the National Telecommunications and Information Administration, conduct a VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00389 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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