DTV Border Fix Act of 2008

        [Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 2507 Referred in House (RFH)]

2d Session
S. 2507

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IN THE HOUSE OF REPRESENTATIVES

September 8, 2008

Referred to the Committee on Energy and Commerce

_______________________________________________________________________

AN ACT

To address the digital television transition in border states.

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 Border Fix Act of 2008''.

SEC. 2. CONTINUATION OF ANALOG BROADCASTING ALONG COMMON BORDER WITH
MEXICO.

Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C.
309(j)(14)) is amended by adding at the end the following:
``(D) Continuation of analog broadcasting along
common border with mexico.--
``(i) In general.--Notwithstanding any
other provision of this section, any television
station that has been granted a full-power
television broadcast license that authorizes
analog television service prior to February 17,
2009, that is licensed by the Commission to
serve communities located within 50 miles of
the United States common border with Mexico,
and that can establish to the satisfaction of
the Commission that such station's continued
broadcasting of television service in analog is
in the public interest, shall during the period
beginning on the date of enactment of the DTV
Border Fix Act of 2008, and ending February 17,
2013--
``(I) be entitled to the renewal of
such station's television broadcast
license authorizing analog television
service; and
``(II) operate such television
service on a channel between 2 and 51.
``(ii) Conditions.--The rights, privileges,
and obligations described under clause (i)
shall only be extended if the following
requirements are satisfied:
``(I) Any channel used for the
distribution of analog television
service shall not--
``(aa) prevent the auction
of recovered spectrum pursuant
to paragraph (15);
``(bb) prevent the use of
recovered spectrum for any
public safety service pursuant
to section 337(a)(1);
``(cc) encumber or
interfere with any channel
reserved for public safety use,
as such channels are designated
in ET Docket No. 97-157; and
``(dd) prevent the
Commission from considering or
granting a request for waiver
submitted for public safety
service prior to the date of
enactment of the DTV Border Fix
Act of 2008.
``(II) Each station described in
clause (i) operates on its assigned
analog channel, as of February 16,
2009, if such channel--
``(aa) is between 2 and 51;
``(bb) has not previously
been assigned to such station
or any another station for
digital operation after the
digital transition required
under subparagraph (A); and
``(cc) could be used by
such station for broadcasting
analog television service after
the digital transition required
under subparagraph (A) without
causing interference to any
previously authorized digital
television stations.
``(III) If such station does not
meet the requirements under subclause
(II) for operation on its assigned
analog channel, as of February 16,
2009, such station may request, and the
Commission shall promptly act upon such
request, to be assigned a new channel
for broadcasting analog television
service, provided that such newly
requested channel shall--
``(aa) be between channels
2 and 51; and
``(bb) allow such station
to operate on a primary basis
without causing interference
to--

``(AA) any other
analog or digital
television station; or

``(BB) any station
licensed to operate in
any other radio service
that also operates on
channels between 2 and
51.

``(iii) Mutually exclusive applications.--
If mutually exclusive applications are
submitted for the right to use a channel in
order to broadcast analog television service
pursuant to this subparagraph, the Commission
shall--
``(I) award the authority to use
such channel for such purpose through
the application of the procedures
established under this section; and
``(II) give due consideration to
any resolution procedures established
by the Commission.
``(E) Limitation on extension of certain
licenses.--The commission shall not extend or renew a
full-power television broadcast license that authorizes
analog television service on or after February 17,
2013.''.

Passed the Senate August 1, 2008.

Attest:

NANCY ERICKSON,

Secretary.