S. 1268 – Reading Mode

1.

Short title

This Act may be cited as the Spectrum Availability for Emergency-Response and Law-Enforcement to Improve Vital Emergency Services Act or the SAVE LIVES Act.

2.

Setting a specific date for the availability of spectrum for public safety organizations and creating a deadline for transition to digital television

(a)

Amendments

Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)) is amended—

(1)

in subparagraph (A), by striking December 31, 2006 and inserting December 31, 2008;

(2)

by striking subparagraph (B);

(3)

in subparagraph (C)(i)(I), by striking or (B);

(4)

in subparagraph (D), by striking (C)(i) and inserting (B)(i); and

(5)

by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.

(b)

Implementation

(1)

Final DTV allotment table of in-core channels for full-power stations

The Federal Communications Commission (in this Act referred to as the Commission) shall—

(A)

release by December 31, 2006, a report and order in MB Docket No. 03–15 assigning all full-power broadcast television stations authorized in the digital television service a final channel between channels 2 and 36, inclusive, or 38 and 51, inclusive (between frequencies 54 and 698 megahertz, inclusive); and

(B)

conclude by July 31, 2007, any reconsideration of such report and order.

(2)

Status reports

Beginning February 1, 2006, and ending when international coordination with Canada and Mexico of the DTV table of allotments is complete, the Commission shall submit reports every 6 months on the status of that international coordination to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Energy and Commerce of the House of Representatives.

(3)

Terminations of analog licenses and broadcasting

The Commission shall take such actions as may be necessary to terminate all licenses for full-power broadcasting stations in the analog television service and to require the cessation of broadcasting by full-power stations in the analog television service by January 1, 2009.

3.

Auction of recovered spectrum

(a)

Deadline for auction

Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)), as amended by section 2, is amended in subparagraph (B)—

(1)

in clause (ii), by striking the second sentence; and

(2)

by adding at the end following new clause:

(iii)

Additional deadlines for recovered analog spectrum

(I)

In general

Not earlier than 1 year after the date on which the Commission submits to Congress the report required under section 7502(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3855), and not later than April 1, 2008, the Commission shall—

(aa)

conduct the auction of the licenses for recovered analog spectrum; and

(bb)

not later than June 30, 2008, deposit the proceeds of such auction in accordance with paragraph (8), except for those funds authorized to be used in accordance with sections 4(f) and 5 of the SAVE LIVES Act.

(II)

Recovered analog spectrum defined

In this clause, the term recovered analog spectrum means the spectrum reclaimed from analog television service broadcasting under this paragraph, other than—

(aa)

the spectrum required by section 337 to be made available for public safety services;

(bb)

the spectrum auctioned prior to the date of enactment of the SAVE LIVES Act; and

(cc)

any spectrum designated by Congress for use by public safety services between the date of enactment of the SAVE LIVES Act and the auction described in subclause (I).

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(b)

Extension of auction authority

Paragraph (11) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking September 30, 2007 and inserting September 30, 2009.

4.

Digital transition program

(a)

In general

Beginning no earlier than January 1, 2008, and not later than July 1, 2008, the Commission, in consultation with commercial television broadcast licensees, shall distribute to eligible persons digital-to-analog converter devices that will enable television sets that operate only with analog signal processing to continue to operate when receiving a digital signal.

(b)

Application

Each eligible person seeking a digital-to-analog converter device under subsection (a) shall submit an application to the Commission at such times, in such manner, and containing such information as the Commission requires.

(c)

Procurement

The provisions, rules, and regulations of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) shall apply to the procurement, by the Comptroller General of the United States, of the digital-to-analog converter devices described in subsection (a).

(d)

Study

Not later than 12 months after the date of enactment of this Act, the Commission shall, in consultation with commercial television broadcast licensees, consumer groups, and other interested parties, complete a study of—

(1)

the geographic location of eligible persons by Nielsen Designated Market Areas;

(2)

the use of not only broadcast studios for distribution of such digital-to-analog converter devices, but the ability of commercial television broadcast licensees to partner with grocery stores, electronics stores, and post offices to serve as distribution centers for such devices; and

(3)

the ability of the Commission and commercial television broadcast licensees to partner together to develop a public communications campaign to inform over-the-air viewers of—

(A)

the need for a digital-to-analog converter device; and

(B)

the availability of such a digital-to-analog converter device free of charge for eligible persons.

(e)

Eligible person defined

In this section, the term eligible person means any person relying exclusively on over-the-air television broadcasts with a household income that does not exceed 200 percent of the poverty line, as such line is published in the Federal Register by the Department of Health and Human Services under the authority of section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)).

(f)

Authorization of appropriations

(1)

In general

There are authorized to be appropriated $468,000,000 from the proceeds of the auction of licenses for recovered analog spectrum under section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)).

(2)

Distribution

Of the funds authorized to be appropriated under paragraph (1)—

(A)

$463,000,000 shall be available to procure digital-to-analog converter devices; and

(B)

$5,000,000 shall be available to to cover the costs of administration of the digital transition program established under this section.

5.

Establishment and authorization of appropriations for grant program to provide enhanced interoperability of communications for first responders

(a)

Establishment of program to assist first responders

(1)

In general

The Secretary of Homeland Security shall establish a program to help State, local, tribal, and regional first responders—

(A)

acquire and deploy interoperable communications equipment;

(B)

purchase such equipment; and

(C)

train personnel in the use of such equipment.

(2)

Common standards

The Secretary, in cooperation with the heads of other Federal departments and agencies who administer programs that provide communications-related assistance programs to State, local, and tribal public safety organizations, shall develop and implement common standards to the greatest extent practicable.

(b)

Applications

To be eligible for assistance under the program established in subsection (a), a State, local, tribal, or regional first responder agency shall submit an application, at such time, in such form, and containing such information as the Under Secretary of Homeland Security for Science and Technology may require, including—

(1)

a detailed explanation of how assistance received under the program would be used to improve local communications interoperability and ensure interoperability with other appropriate Federal, State, local, tribal, and regional agencies in a regional or national emergency;

(2)

assurance that the equipment and system would—

(A)

not be incompatible with the communications architecture developed under section 7303(a)(1)(E) of the Intelligence Reform Act of 2004;

(B)

would meet any voluntary consensus standards developed under section 7303(a)(1)(D) of that Act; and

(C)

be consistent with the common grant guidance established under section 7303(a)(1)(H) of that Act.

(c)

Review

The Under Secretary of Homeland Security for Science and Technology shall review and approve, in the discretion of the Under Secretary, all applications submitted under subsection (b).

(d)

Single grants

The Secretary of Homeland Security, pursuant to an application approved by the Under Secretary of Homeland Security for Science and Technology, may make the assistance provided under the program established in subsection (a) available to all approved applicants in the form of a single grant for a period of not more than 3 years.

(e)

Report

Not later than January 1, 2008, the Commission shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives the amount required to carry out the program described in section 4.

(f)

Authorization of appropriations

To the extent that proceeds from the auction of licenses for recovered analog spectrum under section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)) are available and exceed the amount required to carry out the program described in section 4, there are authorized to be appropriated from such proceeds such sums as are available to fund the grant program established under this section.

6.

Consumer education regarding the digital television transition

(a)

Commission authority

Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end the following new subsection:

(z)

Require the consumer education measures specified in section 330(d) in the case of apparatus designed to receive television signals that—

(1)

are shipped in interstate commerce or manufactured in the United States after 180 days after the date of enactment of the SAVE LIVES Act; and

(2)

are not capable of receiving and displaying broadcast signals in the digital television service on the channels allocated to such broadcasts.

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(b)

Consumer education requirements

Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is amended—

(1)

in subsection (d), by striking sections 303(s), 303(u), and 303(x) and inserting subsections (s), (u), (x), and (z) of section 303;

(2)

by redesignating subsection (d) as subsection (e); and

(3)

by inserting after subsection (c) the following new subsection:

(d)

Consumer education regarding equipment, television receivers, and other materials related to the digital to analog conversion

(1)

Requirements for manufacturers

Any manufacturer of any apparatus described in section 303(z) shall—

(A)

place on the screen of any such apparatus that such manufacturer ships in interstate commerce or manufactures in the United States after 180 days after the date of enactment of the SAVE LIVES Act, a removable label containing the warning language required by paragraph (3); and

(B)

also include such warning language on the outside of the retail packaging of such apparatus in a manner that cannot be removed.

(2)

Requirements for retail distributors

Any retail distributor shall place adjacent to each apparatus described in section 303(z) that such distributor displays for sale or rent after 180 days after the date of enactment of the SAVE LIVES Act, a separate sign containing the warning language required by paragraph (3).

(3)

Warning language

(A)

Rulemaking proceeding

Not later than 120 days after the date of enactment of this Act, the Commission, in consultation with consumers and representatives from the broadcast, cable, and satellite industries, shall complete a rulemaking proceeding to develop warning language to be used by manufacturers and retail distributors concerning the size and format of the warning language required by this paragraph.

(B)

Content of warning

The warning language required by this paragraph shall clearly inform consumers, in plain English understandable to the average consumer, of the following:

(i)

After December 31, 2008, television broadcasters will cease analog over-the-air broadcasts and will broadcast only in digital format.

(ii)

That a television set carrying the label required under paragraph (1) will no longer be able to receive broadcast programming unless it is connected to a digital tuner, a digital-to-analog converter device, or cable, satellite, or other multichannel video services.

(iii)

Beyond December 31, 2008, a television set carrying the label required under paragraph (1) will, however, continue to display images from devices such as DVD recorders and video game consoles or content recorded for display on an analog television using devices such as VCRs, digital video recorders, or DVD recorders.

(iv)

For more information regarding the transition to digital television consumers should call the Federal Communications Commission at 1–888–225–5322 (TTY: 1–888–835–5322) or visit the Commission’s website at: www.fcc.gov.

(4)

Enforcement

Any violation of the requirements of this section, shall be enforced by the Federal Trade Commission as if it were an unfair or deceptive act or practice proscribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).

(5)

Sunset

The warning language required by paragraph (3) shall not apply to any manufacturer or retail distributor on or after January 1, 2009.

(6)

Commission outreach

Beginning not later than 1 month after the date of enactment of the SAVE LIVES Act, the Commission shall engage in a public outreach program to educate consumers about—

(A)

the deadline for termination of analog television broadcasting; and

(B)

the options consumers have after such termination to continue to receive broadcast programming.

(c)

Preserving and expediting digital television tuner mandates

(1)

In general

The Commission shall require not later than—

(A)

July 1, 2005, that digital television tuners be integrated into television receivers having analog tuners in the case of television sets with screen sizes 36 inches or greater;

(B)

March 1, 2006, that digital television tuners be integrated into television receivers having analog tuners in the case of television sets with screen sizes between 25 inches and 35 inches; and

(C)

March 1, 2007, that digital television tuners be integrated into television receivers having analog tuners in the case of television sets with screen sizes between 14 inches and 24 inches.

(2)

Study

(A)

In general

Not later than 1 year after the date of enactment of this Act, the Commission shall conduct a study to determine whether digital television tuners are necessary in television sets with screen sizes 13 inches or smaller.

(B)

Mandates for television sets with screen sizes 13 inches or smaller

Upon completion of the study required under subparagraph (A), if the Commission determines that digital television tuners are necessary in television sets with screen sizes 13 inches or smaller, the Commission shall enact, not later than July 1, 2008, digital television tuner mandates for such television sets.

(d)

Informed consumer requirement

Not later than 90 days after the date of enactment of this Act, the Consumer and Governmental Affairs Bureau of the Commission shall develop and distribute to all consumers seeking to purchase a televison set a brochure that clearly describes the different options available to a consumer, including information that—

(1)

in order for a consumer to receive and display a digital television signal, a consumer must have—

(A)

both a digital television display or monitor and a digital tuner; or

(B)

an integrated digital television set;

(2)

there is a difference between a digital television and high-definition digital television signals and a digital television and high-definition digital television set; and

(3)

current televisions—

(A)

are not obsolete;

(B)

can receive digital television signals with the use of a digital-to-analog converter device and will display such signals in an analog format; and

(C)

will continue to work with cable, satellite, VCRs, DVD recorders, and other devices.

7.

Digital to analog conversion available for cable subscribers

(a)

Digital to analog conversion permitted

Section 614(b) of the Communications Act of 1934 (47 U.S.C. 534(b)) is amended by adding at the end the following new paragraph:

(11)

Digital

(A)

Digital primary video signal

A cable operator shall carry the primary video of the digital signal of a local broadcast station in its originally broadcast format without material degradation upon such local broadcast station's—

(i)

cessation of analog broadcasting; and

(ii)

election of cable carriage under this section or section 615.

(B)

Digital to analog conversions permitted

Notwithstanding subparagraph (A), the conversion by a cable operator, at any location from the cable headend through equipment on the premises of a subscriber, of a digital television signal into a signal capable of being viewed by such subscriber with an analog television receiver shall be permitted subject to the conditions described in subparagraph (C).

(C)

Conditions on permitted downconversion

If a cable operator provides a converted signal for any station in a local market under subparagraph (B), that—

(i)

is carried under this section or section 615; and

(ii)

has ceased to broadcast in the analog television service;

such cable operator shall provide such a converted signal for each such station that is located within the same local market.

(D)

Conversion sunset

(i)

In general

Subject to clause (ii), beginning not earlier than December 31, 2011 and not later than December 31, 2012, the Commission shall cease to impose on a cable operator the requirement under subparagraph (B), if the Commission determines that such requirement is not necessary to ensure the continued ability of the audiences for foreign-language and religious television broadcast stations to view the signals of such stations.

(ii)

Considerations

In making a determination under clause (i), the Commission shall take into consideration—

(I)

the penetration of digital televisions, digital receivers, and digital-to-analog converter devices among audiences of foreign-language and religious television broadcast stations; and

(II)

the market incentives of cable operators, in the absence of the requirement under subparagraph (B), to carry the signals of foreign-language and religious television broadcast stations in the format most available to be viewed by the audiences of such stations.

(E)

Review

Not later than 1 year after the date of enactment of the SAVE LIVES Act, and every 2 years thereafter until December 31, 2012, the Commission shall review the considerations described in subparagraph (D)(ii).

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(b)

Tiering

(1)

Amendment to Communications Act

Section 623(b)(7)(A)(iii) of the Communications Act of 1934 (47 U.S.C. 543(b)(7)(A)(iii)) is amended—

(A)

by striking Any signal and inserting Any analog signal; and

(B)

by inserting and a single digital video programming stream, designated by such station, that is transmitted over-the-air by such station, and after television broadcast station.

(2)

Effective date

This subsection and the amendments made by this subsection shall take effect on January 1, 2009.

8.

Study of nationwide recycling program

(a)

Study

(1)

In general

The Administrator of the Environmental Protection Agency, in consultation with appropriate executive agencies (as determined by the Administrator), shall conduct a study of the feasibility of establishing a nationwide recycling program for electronic waste that preempts any State recycling program.

(2)

Inclusions

The study shall include an analysis of multiple programs, including programs involving—

(A)

the collection of an advanced recycling fee;

(B)

the collection of an end-of-life fee;

(C)

producers of electronics assuming the responsibility and the cost of recycling electronic waste; and

(D)

the extension of a tax credit for recycling electronic waste.

(b)

Report

Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to Congress a report describing the results of the study conducted under subsection (a);

9.

Completion of certain pending proceedings

(a)

In general

The Commission shall complete action on and issue a final decision not later than—

(1)

July 31, 2007, in the Matter of Second Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television, MB Docket No. 03–15;

(2)

July 31, 2007, should the Commission begin a Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television;

(3)

December 31, 2007, in the Matter of Public Interest Obligations of Television Broadcast Licensees, MM Docket No. 99–360;

(4)

December 31, 2007, in the Matter of Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations, MM Docket No. 00–168;

(5)

December 31, 2007, in the Matter of Children's Television Obligations Of Digital Television Broadcasters, Further Notice of Proposed Rulemaking, MM Docket No. 00–167;

(6)

December 31, 2007, in the proceeding on rules regarding the use of distributed transmission system technologies as referenced in paragraph 5 of MB Docket No. 03–15; and

(7)

December 31, 2007, in the proceeding adopting digital standards for an Emergency Alert System.

(b)

Two-Way devices

(1)

Report

Not later than 30 days after the date of enactment of this Act, and every 3 months thereafter until July 1, 2007, the parties in the matter of the Implementation of Section 304 of the Telecommunications Act of 1996, Commercial Availability of Navigation Devices, Second Report and Order, CS Docket No. 97–80, shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the status of negotiations for two-way devices.

(2)

Final order

Not later than December 31, 2007, the Commission shall complete action on and issue a final decision in the matter of the Implementation of Section 304 of the Telecommunications Act of 1996, Commercial Availability of Navigation Devices, Second Report and Order, CS Docket No. 97–80.

10.

Exception to removal and relocation of incumbent broadcast licensees operating between 746 and 806 megahertz

Section 337(e) of the Communications Act of 1934 (47 U.S.C. 337(e)) is amended by adding at the end the following new paragraph:

(3)

Exceptions

Paragraph (1) shall not apply to—

(A)

television translator stations;

(B)

low-power television stations; or

(C)

class A television stations.

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