[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2867 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2867
To ensure access to basic broadcast television after the Digital
Television Transition, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2009
Mr. DeFazio (for himself, Mr. Sestak, Mr. Filner, and Mr. Hare)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To ensure access to basic broadcast television after the Digital
Television Transition, and for other purposes.
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 ``Digital TV Transition Fairness
Act''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary for Communications and
Information of the Department of Commerce.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Digital-to-analog converter box.--The term ``digital-
to-analog converter box'' has the same meaning as in section
3005(d) of the Digital Television Transition and Public Safety
Act of 2005.
(4) Local market.--The term ``local market'' has the same
meaning as in section 122(j) of title 17, United States Code.
(5) Multichannel video programming distributor.--The term
``multichannel video programming distributor'' has the same
meaning as in section 602(13) of the Communications Act of
1934.
(6) Television broadcast station.--The term ``television
broadcast station'' has the same meaning as in section
325(b)(7) of the Communications Act of 1934.
SEC. 3. DIGITAL VIEWERSHIP COUPON PROGRAM.
(a) Creation of Program.--The Assistant Secretary, in coordination
and consultation with the Commission, shall implement and administer a
program through which households or individuals in the United States
may obtain coupons that can be applied toward--
(1) the cost to install a digital-to-analog converter box;
(2) the purchase of an indoor or outdoor antenna, or both
if needed, to facilitate the reception and display of signals
of channels broadcast in digital television service;
(3) the cost to install any antenna described in paragraph
(2); and
(4) the cost to install, or the cost of any other equipment
needed to receive and display, basic broadcast television
service, as such service is described in section 4.
(b) Program Specifications.--
(1) Eligibility.--
(A) Household or individual.--Any household or
individual that was or is eligible for a digital-to-
analog converter box coupon under the coupon program
established under section 3005 of the Digital
Television Transition and Public Safety Act of 2005
shall be eligible to receive a coupon under the coupon
program established under this section.
(B) Product eligibility.--The Assistant Secretary,
in consultation with the Commission, shall determine
minimum standards for which types of antennas,
installation providers, and other companies are
eligible to participate in the coupon program
established under this section. Such minimum standards
shall be established not later than 30 days after the
date of enactment of this Act.
(C) Limitation.--No household or individual may be
eligible to participate in the coupon program
established under this section if--
(i) on the date of enactment of this Act,
the household or individual was receiving
broadcast television that it had purchased from
a multichannel video programming distributor;
or
(ii) after the date of enactment of this
Act, the household or individual purchases
television broadcasts, other than basic
broadcast television service described in
section 4, from a multichannel video
programming distributor.
(2) Request.--A household or individual may obtain coupons
under this section by making a request as required by the
regulations implementing this section.
(3) Coupon value.--The Assistant Secretary shall determine
the value of any coupons issued under this section, provided
that the value of any single coupon does not exceed $80. In
making the determination of the value of any single coupon, the
Assistant Secretary shall consider the purpose for which the
requesting household or individual is requesting the coupon and
the types of costs to which the coupon will be applied.
(4) Duration.--All coupons issued under this section shall
expire upon the later of the date of termination of the program
established under this section or 90 days.
(5) Termination.--The program established under this
section shall terminate on the date that is 18 months after the
date on which the first coupon under this section is issued.
(c) Consumer Education.--The Assistant Secretary shall develop, in
consultation with the Commission and broadcast and television industry
representatives, an Internet website and a toll-free telephone hotline
accessible to consumers that have degraded or lost signals or channels
as a result of the full power transition from analog to digital
television that is to occur on February 17, 2009. The website and
telephone hotline shall provide relevant information in order to assist
consumers in determining--
(1) if the purchase or installation of an outdoor or indoor
antenna will assist the consumer in resolving or improving
their digital television reception problems; and
(2) what options are available to them should they find
that purchasing an outdoor or indoor antenna will not assist in
resolving or improving their digital television reception.
(d) Anti-Fraud Protections.--The Assistant Secretary shall develop,
in consultation with the Commission, anti-fraud measures and procedures
to ensure that only eligible households and individuals receive a
coupon issued under this section.
(e) Reporting Requirement.--
(1) In general.--Not later than 1 month after the date of
enactment of this Act, and every 7 days thereafter, the
National Telecommunications and Information Administration
shall make publicly available on its website the--
(A) number of requests for coupons under this
section;
(B) number of coupons issued under this section;
(C) amount of each coupon issued, including the
total amount of all such issued coupons;
(D) types of costs to which each such issued coupon
will be applied, as such costs are self-reported on the
application of each household or individual;
(E) number of issued coupons that have been
redeemed; and
(F) amount of unobligated and unexpended funds that
remain from the amounts authorized under section 6.
(2) Termination.--The requirement described under paragraph
(1) shall terminate 3 months after the last coupon under this
section is issued.
SEC. 4. BASIC BROADCAST TELEVISION SERVICE.
(a) Requirement.--
(1) In general.--The Commission shall promulgate rules
requiring that each multichannel video programming distributor,
who provides broadcast television for a local market, provide
to eligible consumers in that local market access to basic
broadcast television service, as such service is described in
subsection (b).
(2) Safe harbor.--
(A) In general.--The retransmission or secondary
transmission of any televison broadcast station by a
multichannel video programming distributor pursuant to
paragraph (1) shall not be subject to any prohibitions
on such activities as described under sections 325 and
338 of the Communications Act of 1934 or under section
122 of title 17, United States Code, and any such
distributor shall be immune from any civil liability
related to fulfilling the requirements under paragraph
(1).
(B) Fee exemption.--In promulgating rules under
paragraph (1), the Commission shall require that each
television broadcast station--
(i) grant consent to multichannel video
programming distributors to retransmit the
signal of such broadcasting station only for
the purposes of fulfilling the requirements
under paragraph (1); and
(ii) waive any fees or charges that are
customarily or usually applied for the grant of
such consent.
(b) Basic Broadcast Television Service.--Any rule promulgated under
subsection (a) relating to the definition of basic broadcast television
service shall ensure that, at a minimum, such service includes the
transmission, retransmission, or secondary transmission of the over-
the-air signal of any nonsubscription television broadcast station
located within the local market.
(c) Eligible Consumers.--
(1) In general.--For purposes of this section, an
``eligible consumer'' is a consumer--
(A) whose primary residence is located in a local
market where at least 1 television broadcast station
has certified to the Commission that channel signal
loss has occurred as a result of the transition from
analog to digital television that is to occur on
February 17, 2009; and
(B) who does not currently subscribe to a
multichannel video programming service at his or her
primary residence.
(2) Loss of eligibility; purchase of additional service.--
If at any time after purchasing basic broadcast television
service pursuant to this section, an eligible consumer
purchases any additional channel service from a multichannel
video programming distributor, such consumer shall no longer be
eligible to purchase such basic broadcast television service.
(d) Additional Cost Requirements.--In promulgating rules under
subsection (a), the Commission shall ensure that--
(1) the cost to purchase basic broadcast television service
does not exceed $10 per month, except that such maximum monthly
fee shall be adjusted annually in accordance with the annual
percentage increase in the Consumer Price Index of the Bureau
of Labor Statistics of the Department of Labor in increments of
$1 only when the percentage increase in such index, when
applied to the maximum monthly fee, produces dollar increases
that exceed $1; and
(2) a multichannel video programming distributor providing
such basic broadcast service may not charge installation costs
for such service that are in excess of the regular market rate
charged to normal non-basic broadcast television service
customers who purchase installation for any other services
provided by the multichannel video programming distributor.
(e) Anti-Fraud Protections.--The Commission shall develop anti-
fraud measures and procedures to ensure that only eligible consumers
are provided access to basic broadcast television service under the
terms of this section.
(f) Report to Congress.--Not later than 6 months after the date of
enactment of this Act, and every 12 months thereafter, the Commission
shall submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives on--
(1) the number of eligible consumers who have purchased
basic broadcast television service;
(2) the problems encountered by eligible consumers,
multichannel video programming distributors, television
broadcasters, or the Commission in adhering to or implementing
the requirements of this section; and
(3) any other information the Commission determines
appropriate.
(g) Public Availability.--The Commission shall make any report
required under subsection (e) available to the public on its website in
a searchable and downloadable manner.
(h) Termination Only by Act of Congress.--This section may be
limited, canceled, terminated, or rescinded only by an Act of Congress.
SEC. 5. OUTREACH CAMPAIGN.
(a) In General.--The Commission, in consultation and coordination
with the National Telecommunications and Information Administration,
the Administrator of the Administration on Aging, the heads of any
other relevant Federal agency, State and local agencies, the broadcast,
cable, satellite, and other telecommunications industries, and
nonprofit, religious, community-based, and other similar organizations,
shall carry out an education and outreach campaign to inform and
educate consumers on the availability, benefits, and advantages of the
programs and requirements established under this Act.
(b) Requirements.--The education and outreach campaign required
under subsection (a) shall, at a minimum--
(1) begin immediately upon the date of enactment of this
Act;
(2) involve dissemination of information over radio,
television, the Internet, and other electronic media, as well
other traditional nonelectronic media;
(3) require that each agency described in subsection (a)
maintain information relating to the programs and requirements
established under this Act on the website of such agency; and
(4) require efforts to inform and educate all relevant
consumers, in particular those consumers--
(A) in vulnerable populations such as--
(i) senior citizens;
(ii) consumers living in rural and tribal
areas;
(iii) non-English speaking consumers;
(iv) consumers with disabilities; and
(v) low-income consumers; and
(B) located in a local market where channel signal
loss as a result of the full power transition from
analog to digital television that is to occur on
February 17, 2009, is likely or predicted to be likely.
(c) Provision of Funds.--The Commission may distribute funds to
nonprofit, religious, community-based, and other similar organizations
to assist with the education and outreach campaign required under this
section.
(d) Website.--Each Federal agency participating in the education
and outreach campaign required under this section shall work to ensure
the existence and operation of a single website accessible by the
public that shall serve as the clearinghouse for all information
relating to this Act and the programs established by this Act.
SEC. 6. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act $700,000,000 for fiscal years 2009
and 2010, of which--
(1) $600,000,000 shall be made available to the Assistant
Secretary to carry out the digital viewership coupon program
established under section 3; and
(2) $100,000,000 shall be made available to the Commission
to carry out the requirements of sections 4 and 5.
(b) Transfer of Funds in the Digital Television Transition and
Public Safety Fund.--Notwithstanding any other provision of law, any
funds remaining in the Digital Television Transition and Public Safety
Fund established under section 309(j)(8)(E) of the Communications Act
of 1934 (47 U.S.C. 309(j)(8)(E)) shall, upon the expiration of the
digital-to-analog converter box program established under section 3005
of the Digital Television Transition and Public Safety Act of 2005, be
used to cary out the provisions of this Act.
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