[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

122 STAT. 5121

Public Law 110-459
110th Congress

An Act


 
To require the Federal Communications Commission to provide for a short-
term extension of the analog television broadcasting authority so that
essential public safety announcements and digital television transition
information may be provided for a short time during the transition to
digital television broadcasting. [NOTE: Dec. 23, 2008 -  [S. 3663]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, [NOTE: Short-term
Analog Flash and Emergency Readiness Act. 47 USC 309 note.

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Short-term Analog Flash and Emergency
Readiness Act''.

SEC. 2. COMMISSION ACTION REQUIRED.

(a) Program Required.--Notwithstanding [NOTE: Deadline.   any other
provision of law, the Federal Communications Commission shall, not later
than January 15, 2009, develop and implement a program to encourage and
permit, to the extent technically feasible and subject to such
limitations as the Commission finds to be consistent with the public
interest and the requirements of this Act, the broadcasting in the
analog television service of only the public safety information and
digital transition information specified in subsection (b) during the
30-day period beginning on the day after 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 and the cessation
of broadcasting by full-power stations in the analog television service.

(b) Information required.--The program required by subsection (a)
shall provide for the broadcast of--
(1) emergency information, including critical details
regarding the emergency, as broadcast or required to be
broadcast by full-power stations in the digital television
service;
(2) information, in both English and Spanish, and accessible
to persons with disabilities, concerning--
(A) the digital television transition, including the
fact that a transition has taken place and that
additional action is required to continue receiving
television service, including emergency notifications;
and
(B) the steps required to enable viewers to receive
such emergency information via the digital television
service and to convert to receiving digital television
service, including a phone number and Internet address
by which help with such transition may be obtained in
both English and Spanish; and

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122 STAT. 5122

(3) such other information related to consumer education
about the digital television transition or public health and
safety or emergencies as the Commission may find to be
consistent with the public interest.

SEC. 3. LIMITATIONS.

In designing the program required by this Act, the Commission
shall--
(1) take into account market-by-market needs, based upon
factors such as channel and transmitter availability;
(2) ensure that broadcasting of the program specified in
section 2(b) will not cause harmful interference with signals in
the digital television service;
(3) not require the analog television service signals
broadcast under this Act to be retransmitted or otherwise
carried pursuant to section 325(b), 338, 339, 340, 614, or 615
of the Communications Act of 1934 (47 U.S.C. 325(b), 338, 339,
340, 614, or 615);
(4) take into consideration broadcasters' digital power
levels and transition and coordination plans that already have
been adopted with respect to cable systems and satellite
carriers' systems;
(5) prohibit any broadcast of analog television service
signals under section 2(b) on any spectrum that is approved or
pending approval by the Commission to be used for public safety
radio services, including television channels 14-20; and
(6) not include the analog spectrum between channels 52 and
69, inclusive (between frequencies 698 and 806 megahertz,
inclusive) reclaimed from analog television broadcasting
pursuant to section 309(j) of the Communications Act of 1934 (47
U.S.C. 309(j)).

SEC. 4. DEFINITIONS.

As used in this Act, the term ``emergency information'' has the
meaning such term has under part 79 of the regulations of the Federal
Communications Commission (47 C.F.R. part 79).

Approved December 23, 2008.

LEGISLATIVE HISTORY--S. 3663:
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CONGRESSIONAL RECORD, Vol. 154 (2008):
Nov. 20, considered and passed Senate.
Dec. 10, considered and passed House.