S 2507
110th CONGRESS
1st Session
S. 2507
To address the digital television transition in border states.
IN THE SENATE OF THE UNITED STATES
December 18, 2007
Mrs. HUTCHISON (for herself and Mrs. BOXER) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
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 of 2007'.
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 2007, 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
