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Breaking News: House passes the DTV Delay Act. Waiting for President Signature


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#1 OFFLINE   Tom Robertson

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Posted 04 February 2009 - 03:07 PM

The House of Representatives has passes Senate Bill S. 352, the DTV Delay Act. The Bill now goes to President Obama for signature or veto. (It is expected he will sign given his signals.)

This bill will allow stations to delay their transition to digital-only until June 12, though does not require a delay until that time.

FCC discussions indicate 143 stations have already transitioned, and approximately 60% plan to switch on February 17 if permitted.

Thank you all for keeping these discussions limited to the actions of government without political commentary. While discussions of this nature are difficult to separate from "politics" you've done a great job this last couple days. Thanks!

Printer ready form of the text:

S 352 ES

111th CONGRESS

1st Session

S. 352

AN ACT

To postpone the DTV transition date.

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.'.

© 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)©(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©(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©(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.'.

© Conforming Amendment- Section 3005©(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).

© 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.'.

Passed the Senate January 29, 2009.

Attest:

Secretary.

111th CONGRESS

1st Session

S. 352

AN ACT

To postpone the DTV transition date.

END


Cheers,
Tom

Go Packers!

My real treasures: 5 Grandchildren - S, D, M, M, C ; Now 5! Great-Grandtibbers - B, H, J, A, and M (Born 7/31/2011)


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#2 OFFLINE   SParker

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Posted 04 February 2009 - 03:09 PM

BARF! :down:

#3 OFFLINE   braven

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Posted 04 February 2009 - 03:12 PM

Oh brother. Rediculous.
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#4 OFFLINE   Stuart Sweet

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Posted 04 February 2009 - 03:14 PM

I think we're all disappointed on some level.
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#5 OFFLINE   DC_SnDvl

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Posted 04 February 2009 - 03:16 PM

loosers (both red and blue)

#6 OFFLINE   mhayes70

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Posted 04 February 2009 - 03:16 PM

Yeah, I don't like the delay either. But, oh well there is nothing we can do. :whatdidid

Thanks for the update Tom.

#7 OFFLINE   MattDing

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Posted 04 February 2009 - 03:19 PM

Good. Now the transition will go off without any problems whatsoever.

:rolleyes:

#8 OFFLINE   SParker

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Posted 04 February 2009 - 03:20 PM

Hopefully both sides are FIRM on the new date and don't try to change it again in late May...

#9 OFFLINE   Tom Robertson

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Posted 04 February 2009 - 03:20 PM

My frustrations are on several levels.

1) Too bad the NTIA and Commerce dept. didn't forecast better about coupon shortage.
2) Too bad coupons were not validated as to need in some fashion. (Though this might have been more costly than just giving them away as they did.)
3) Too bad there wasn't some means to allow free discussion as to alternatives to a 4 month delay, though I do understand the top of this year in particular has been very busy.
4) Too bad, sloppy numbers are the best available at this time.

All that said, it is what it is. We'll see what happens in two weeks and then in the next 3 and a half months.

Cheers,
Tom

Go Packers!

My real treasures: 5 Grandchildren - S, D, M, M, C ; Now 5! Great-Grandtibbers - B, H, J, A, and M (Born 7/31/2011)


#10 OFFLINE   naijai

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Posted 04 February 2009 - 03:20 PM

They might have approved the delay but i know at least one station here that say's they will be keeping to the original date and switching over we shall see :nono2:
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#11 OFFLINE   LCDSpazz

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Posted 04 February 2009 - 03:21 PM

CBS affiliate in Chicagoland is now stuck on Low Band VHF hell for another 4 months. Excellent!

#12 OFFLINE   Tom Robertson

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Posted 04 February 2009 - 03:23 PM

They might have approved the delay but i know at least one station here that say's they will be keeping to the original date and switching over we shall see :nono2:

The FCC estimates that 60% will switch on or before February 17. And 90% before June 12.

CBS affiliate in Chicagoland is now stuck on Low Band VHF hell for another 4 months. Excellent!


Possibly. If the stations they are waiting for switch soon, they can switch as well.

Go Packers!

My real treasures: 5 Grandchildren - S, D, M, M, C ; Now 5! Great-Grandtibbers - B, H, J, A, and M (Born 7/31/2011)


#13 OFFLINE   d max82

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Posted 04 February 2009 - 03:23 PM

I see that those with expired coupons may request replacements, but nothing about additional money for the program.

I guess those that request replacement coupons goto the back of the line, waiting for someone elses coupon to expire?

#14 OFFLINE   robmadden1

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Posted 04 February 2009 - 03:23 PM

The stations in Dayton, Ohio are likely to transition on the original date.

#15 OFFLINE   RVD26

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Posted 04 February 2009 - 03:23 PM

Doesn't effect me or my family either way....oh well.
I'm not gonna go bonkers b/c they decide to delay the transition.

#16 OFFLINE   Tom Robertson

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Posted 04 February 2009 - 03:24 PM

I see that those with expired coupons may request replacements, but nothing about additional money for the program.

I guess those that request replacement coupons goto the back of the line, waiting for someone elses coupon to expire?


This bill could not include funding that would violate the "Pay as You Go" rules. So the funding will have to come from another spending authorization.

Go Packers!

My real treasures: 5 Grandchildren - S, D, M, M, C ; Now 5! Great-Grandtibbers - B, H, J, A, and M (Born 7/31/2011)


#17 OFFLINE   Doug Brott

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Posted 04 February 2009 - 03:24 PM

Hopefully both sides are FIRM on the new date and don't try to change it again in late May...


if 61% really do change on the 17th, there would only be 39% that could be delayed at that point .. seems even more silly than doing what was done today.
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#18 OFFLINE   robmadden1

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Posted 04 February 2009 - 03:27 PM

I wonder if many of the stations will wait to figure out thier plans on the trasition untill they see what the fcc rules are?

#19 OFFLINE   fluffybear

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Posted 04 February 2009 - 03:30 PM

!@#$#!@

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#20 OFFLINE   tunce

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Posted 04 February 2009 - 03:30 PM

It's a pure shame to get more legs to the stimulus package [mod redaction].

(hope this is ok to say)

Edited by Tom Robertson, 04 February 2009 - 03:38 PM.
Trimmed a bit.

Tunce

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