HR 5435
110th CONGRESS
2d Session
H. R. 5435
To address the digital television transition in border states.
IN THE HOUSE OF REPRESENTATIVES
February 13, 2008
Ms. SOLIS (for herself, Mr. RODRIGUEZ, and Mrs. CAPPS) introduced the following
bill; which was referred to the Committee on Energy and Commerce
A BILL
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'.
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, and ending February 17, 2014--
`(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); and
`(cc) encumber or interfere with any channel reserved for public
safety use, as such channels are designated in ET Docket No. 97-157.
`(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.'.
END
