[111th Congress Public Law 4]
[From the U.S. Government Printing Office]
[DOCID: f:publ004.111]
[[Page 111]]
DTV DELAY ACT
[[Page 123 STAT. 112]]
Public Law 111-4
111th Congress
An Act
To postpone the DTV transition date. <<NOTE: Feb. 11, 2009 - [S.
352]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: DTV Delay
Act.>>
SECTION 1. <<NOTE: 47 USC 609 note.>> 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
[[Page 123 STAT. 113]]
(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) <<NOTE: 47 USC 309 note.>> 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. <<NOTE: 47 USC 309 note.>> 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. Sec. 90.545).
(c) Expedited Rulemaking.-- <<NOTE: Deadline.>> 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.
[[Page 123 STAT. 114]]
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:
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CONGRESSIONAL RECORD, Vol. 155 (2009):
Jan. 29, considered and passed Senate.
Feb. 4, considered and passed House.
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