BIOTERRORISM BILL WITH DTV CHANNEL MANDATE ON WAY TO BUSH
Bioterrorism bill with unrelated digital TV spectrum allocation language is on its way to desk of President Bush, following Senate passage May 23 of conference committee report (H. Rept. 107-481) on HR-3448. Provision would require FCC to allot paired DTV channel to eligible full- power TV broadcast licensees making such requests. Licensees “or permittees or their successors in interest” are deemed eligible if they: (1) Had an application pending for analog TV station construction permit as of Oct. 24, 1991. (2) Application was granted after April 3, 1997. Senate unanimously approved report day after House passed measure by 425-1 margin.
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Conferees determined such action was necessary so TV stations “could foster a digital audience during the transition period to [DTV] without having to terminate abruptly analog service now enjoyed by their viewers.” Without change, they said, such stations “would be denied the ability to operate an analog and a digital facility simultaneously, especially in a major market.”
Report said applicants must file request “as soon as practicable” after date of enactment “in order to avoid any undue burden” on FCC. Commission would have 90-day window following enactment to allot and assign paired DTV channel on condition that channel assignment was consistent with existing FCC allotment table and technical regulations. Any other approach would be “contrary to the congressional goals of increasing competition and accelerating the [DTV] transition,” it said.
Bill would set “hard” 18-month deadline for stations receiving paired DTV channel and construction permit from FCC to build DTV broadcast facility. It expressly would prohibit Commission from granting extension beyond compliance deadline. It would prevent such stations from “giving up current paired analog assignment and becoming a single- channel broadcaster and operating in analog on such paired digital channel.” Conferees said latter prohibition would “safeguard against eligible licensees from using the ‘in- core’ digital channel” strictly for analog services.