[Senate Report 110-348]
[From the U.S. Government Publishing Office]
110th Congress Report
SENATE
2d Session 110-348
_______________________________________________________________________
Calendar No. 774
TECHNICAL CORRECTION TO THE DEFICIT REDUCTION ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2607
June 10, 2008.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred tenth congress
second session
DANIEL K. INOUYE, Hawaii, Chairman
TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West JOHN McCAIN, Arizona
Virginia KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota GORDON H. SMITH, Oregon
BARBARA BOXER, California JOHN ENSIGN, Nevada
BILL NELSON, Florida JOHN E. SUNUNU, New Hampshire
MARIA CANTWELL, Washington JIM DEMINT, South Carolina
FRANK R. LAUTENBERG, New Jersey DAVID VITTER, Louisiana
MARK PRYOR, Arkansas JOHN THUNE, South Dakota
THOMAS CARPER, Delaware ROGER F. WICKER, Mississippi
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
Margaret Cummisky, Staff Director and Chief Counsel
Lila Helms, Deputy Staff Director and Policy Director
Jean Toal Eisen, Senior Advisor and Deputy Policy Director
Christine Kurth, Republican Staff Director and General Counsel
Paul J. Nagle, Republican Chief Counsel
Mimi Braniff, Republican Deputy Chief Counsel
Calendar No. 774
110th Congress Report
SENATE
2d Session 110-348
======================================================================
TECHNICAL CORRECTION TO THE DEFICIT REDUCTION ACT
_______
June 10, 2008.--Ordered to be printed
_______
Mr. Inouye, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 2607]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2607) to make a technical
correction to section 3009 of the Deficit Reduction Act of
2005, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of S. 2607 is to accelerate the transition to
digital television for low-power broadcasting facilities.
Background and Needs
The Digital Television Transition and Public Safety Act of
2005 (DTV Act), enacted as part of the Deficit Reduction Act of
2005, set February 17, 2009, as the deadline for the digital
television transition. By this date, full-power broadcasters
must return their analog spectrum and broadcast exclusively
digital transmissions. However, low-power broadcasting
facilities have no corresponding statutory obligation to switch
to digital signals. As a result, more than 7,000 low-power
broadcasting facilities in the United States may continue to
broadcast in analog after February 17, 2009.
The DTV Act created two funds to assist low-power facilities
with the digital transition. Four types of facilities are
recognized as eligible for this assistance: Low-power
television (LPTV) stations, Class A television stations,
translators, and boosters. These facilities fall into two
categories. First, there are translator and booster stations.
Translator and booster stations are repeaters that take a
broadcast signal and transmit it again, thereby extending the
range of the original broadcast signal. In rural areas,
particularly in the western half of the United States,
translators are used to lengthen the reach of many television
broadcast stations. Consumers receiving over-the-air signals
today via a booster or translator may be unaware that that some
or all of their broadcast signals are provided over this kind
of architecture.
Second, there are low-power television stations and Class A
television stations. In 1982, the Federal Communications
Commission (FCC) created low-power television service, allowing
community-oriented television stations to broadcast over a
small area. LPTV stations are operated by diverse groups and
organizations, including high schools, colleges, religious
groups, local governments, and individuals. The actual distance
at which these stations can be viewed depends on a variety of
factors, including regional topography, antenna height, and
transmitter power. These stations have secondary spectrum
priority. This means that they must not cause interference to
the reception of existing or future full-power stations, must
accept interference from full-power stations, and must yield to
new full-power stations, where interference occurs. Class A
stations are low-power stations but with primary spectrum
status. In exchange for receiving this status, these stations
must broadcast locally-produced programming for a set number of
hours a day.
The first DTV Act fund directs the National
Telecommunications and Information Agency (NTIA) to spend up to
$10 million to implement a digital-to-analog conversion program
for low-power facilities. This program is helpful for
translator stations that wish to remain in analog following the
transition. With a digital-to-analog conversion device, these
facilities can convert the incoming digital signals of their
corresponding full-power television station to analog format
for retransmission on the translator's analog channel. Under
the terms of the DTV Act, these funds are presently available
to eligible stations that apply to the NTIA.
The second DTV Act fund directs the NTIA to spend up to $65
million to implement a program through which low-power
facilities can receive reimbursement for digital equipment
upgrades. This program will provide low-power stations with
reimbursement for upgrades of their facilities from analog to
digital, which would allow a low-power station to broadcast in
digital. Under current law, these funds are not available until
October 1, 2010, roughly 20 months after the transition. In
addition, a technical error in the DTV Act directs payment to
be made in fiscal year (FY) 2009, but separately does not
permit payments until FY 2010. S. 2607 would change the date in
the DTV Act that these funds are available to February 18,
2009. In addition, the bill ensures that these funds will be
available for a longer period following the transition to
reflect the rolling timeframe during which these facilities are
expected to convert to digital.
Legislative History
On February 7, 2008, Senator Snowe introduced S. 2607.
Senators Stevens, Cantwell, McCaskill, and Smith are co-
sponsors. On April 8, 2008, the Committee held an oversight
hearing on the digital television transition. On April 24,
2008, the Committee held an executive session at which S. 2607
was considered. The bill, without amendment, was approved by
voice vote.
Staff assigned to this legislation are Jessica Rosenworcel,
Democratic Senior Communications Counsel, Alex Hoehn-Saric,
Democratic Communications Counsel, and Paul Nagle, Republican
Chief Counsel.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 5, 2008.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2607, a bill to make
a technical correction to section 3009 of the Deficit Reduction
Act of 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susan Willie.
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag, Director).
Enclosure.
S. 2607--A bill to make a technical correction to section 3009 of the
Deficit Reduction Act of 2005
Under current law, the National Telecommunications and
Information Administration (NTIA) is authorized to reimburse
certain low-power television stations in fiscal year 2009 for
their costs to upgrade analog equipment to broadcast digital
signals. The payments are to be made from spectrum auction
proceeds deposited in the Digital Television Transition and
Public Safety Fund.
S. 2607 would extend NTIA's authority to make those
reimbursements through fiscal year 2012 and amend contradictory
direction in current law regarding when such payments would
start. Under current law, CBO assumes that those payments would
be made over the next few years. Based on information from
NTIA, CBO estimates that enacting S. 2607 would not change the
agency's anticipated spending patterns, and thus would have no
effect on direct spending. Enacting the bill would not affect
revenues or spending subject to appropriation.
S. 2607 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Susan Willie.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The number of persons covered by this legislation would be
consistent with current levels of individuals affected.
ECONOMIC IMPACT
S. 2607 would have a positive impact on the nation's economy
by facilitating the transition to digital television for low-
power broadcasters.
PRIVACY
S. 2607 is not expected to have an adverse effect on the
personal privacy of any individuals that will be impacted by
this legislation.
PAPERWORK
S. 2607 would have minimal impact on current paperwork
levels.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provision of the reported bill meets the definition of
congressionally directed spending items under the rule.
Section-by-Section Analysis
S. 2607 would amend Section 3009(a) of the Deficit Reduction
Act of 2005 to: (1) Extend payments under the Low-Power
Television and Translator Upgrade Program through fiscal year
2012; and (2) allow low power broadcasters to receive upgrade
funds beginning February 18, 2009.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
TITLE III--DIGITAL TELEVISION TRANSITION AND PUBLIC SAFETY
PUBLIC LAW 109-171
SEC. 3009. LOW-POWER TELEVISION AND TRANSLATOR UPGRADE PROGRAM.
(a) Establishment.--The Assistant Secretary shall make
payments of not to exceed $65,000,000, in the aggregate, during
[fiscal year 2009] fiscal years 2009 through 2012; and from 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)) to implement and
administer a program through which each licensee of an eligible
low-power television station may receive reimbursement for
equipment to upgrade low-power television stations from analog
to digital in eligible rural communities, as that term is
defined in section 610(b)(2) of the Rural Electrification Act
of 1937 (7 U.S.C. 950bb(b)(2)). Such reimbursements shall be
issued to eligible stations [no earlier than October 1, 2010]
on or after February 18, 2009. Priority reimbursements shall be
given to eligible low-power television stations in which the
license is held by a non-profit corporation and eligible low-
power television stations that serve rural areas of fewer than
10,000 viewers.
(b) Eligible Stations.--For purposes of this section, the
term ``eligible low-power television station'' means a low-
power television broadcast station, Class A television station,
television translator station, or television booster station--
(1) that is itself broadcasting exclusively in analog
format; and
(2) that has not converted from analog to digital
operations prior to the date of enactment of the
Digital Television Transition and Public Safety Act of
2005.