S.__ Digital Transition and Public Safety Act of 2005

* On November 3, 2005, the Senate approved budget legislation that includes these provisions on the digital television. Broadcasting&Cable reports that the bill was amended to earmark additional revenues from spectrum auctions. From the projected $10 billion in auction revenues, the bill sets aside $5 billion for the treasury, $3 billion for digital-to-analog converter box subsidies; $200 million low power TV stations and translators; $1 billion for state and local interoperability; $250 for a national alert and tsunami warning system; $250 million for E-911 communications; $200 million for coastal States affected by hurricanes and other disasters; $75 million available for the Essential Air Service program. In addition, the bill earmarks the first $1 billion over the Congressional Budget Office's $10 billion estimate for deficit reduction, the next $500 million for interoperability for first responders, the next $1.2 billion for coastal restoration for hurricane-affected states, and the rest to deficit reduction again.

* On October 31, 2005, the full Senate began debate on budget legislation that includes these provisions on the digital television.

* On October 31, 2005, twenty-five public interest organizations have signed a letter sent to the US Senate urging Congress to set aside portions of the digital broadcast band for unlicensed use and direct the FCC to complete its stalled rulemaking to open unassigned TV channels in each market (TV band “white space”) for unlicensed wireless broadband services. "Use of these airwaves via an unlicensed wireless broadband platform," the groups write, "would be of enormous benefit to consumers, public safety agencies, and small businesses that seek low-cost communications to promote job growth." The groups conclude: "Any legislation that fails to address the spectrum needs of Americans in the 21st century fails to serve the public interest. The DTV transition represents an historic opportunity to maximize efficient use of public resources to meet public needs."

On Ocober 27, the Senate Budget Committee approved the budget reconcitiation bill that contains the digital television transition legislation. That bill moves to the Senate floor -- perhaps as early as Monday.

Senate Budget Committee Mark-Up of Spending Reconciliation Package is scheduled for October 26, 2005.

The Senate Commerce Committee approved the Digital Transition and Public Safety Act of 2005 by a vote 19-3 on October 20, 2005. Adopted by unanimous consent with the bill was a Manager’s Amendment offered by Senators Stevens and Inouye. The Amendment: 1) provided that any auction proceeds in excess of $10 billion be deposited in the Treasury to reduce the deficit. This could be a significant sum if the auction brings in over $20 billion as some industry groups have suggested; 2) set specific amounts for the program payments; 3) increased the amount to go to the Treasury from $4.8 billion to $5 billion to help reduce the deficit; 4) designated $50 million of $250 million for the national alert system to fund tsunami warning and coastal vulnerability programs; and 5) allocated any remaining funds from the converter box program and translator conversion be transferred to the emergency communications program. Senator Burns also offered an amendment that was accepted by unanimous consent. The Burns amendment made $75 million from the spectrum auction available over a five-year period for the Essential Air Service program. Text of bill. The bill will now be considered by the Senate Budget Committee.

The Senate Commerce Commisstte is scheduled to consider this bill on Wednesday October 19, 2005.

Sen Stevens and Senate Commerce ranking member Daniel Inouye (D-Hawaii) will meet Monday to discuss the other DTV issues to be included in companion legislation -- including details on the converter box subsidy and cable "downconversion" of high-definition programming. Sen Stevens and aides last week indicated that an effort to put a multicasting requirement into the budget reconciliation package could run afoul of the so-called Byrd rule, which bars attaching provisions without a budgetary or revenue impact to the reconciliation measure. Sen Stevens also said that he personally favors a multicasting provision.