DTV delay almost ready for prime time

The Senate approved a digital TV delay bill initially rejected in the House, likely setting the stage for legislation lacking certain concessions requested by wireless and public-safety sectors to be passed and signed into law by President Obama within days.
In signing off a second time on DTV delay legislation sought by the Obama administration, Senate Republicans signaled they could have a much different agenda (and strategy) than their House counterparts in dealing with Democrats who control the White House and Congress.
“The Senate has acted quickly and in a bipartisan way to put the needs of consumers first. Senator (Kay Bailey) Hutchison’s (R-Texas) leadership was critical to getting this bill passed,” Senate Commerce Committee Chairman Jay Rockefeller (D-W.Va.) stated. “We addressed the concerns of our colleagues, public safety, broadcasters and most importantly, consumers. The House will have a second chance next week to implement this delay, I am hopeful they will pass this bill so we can send it to President Obama.”
The Senate, which only recently passed a measure to postpone the DTV cutover from Feb. 17 to June 12, was forced again to act on the legislation after House Republicans sabotaged passage of a slightly revised version of the bill earlier in the week. House Democrats had used a fast-track voting procedure in which there is no debate and two-thirds support is needed. The House DTV bill did not pass by a two-thirds margin, even though it secured a majority of votes. The House the week of Feb. 2 is expected to vote once again on the DTV delay bill, with lawmakers apt this time to use regulator voting procedures that nonetheless could include severe restrictions on debate and amendments.
The White House criticized the Bush administration’s handling of the DTV delay and urged prompt action again by the House.
“Poor planning and inadequate funding of the DTV conversion means that millions of Americans risk being left in the dark on Feb. 17,” the White House said in statement. “This bipartisan legislation which again passed unanimously in the Senate tonight (Jan. 29) appropriately acknowledges the needs of both the American consumer and the public-safety community. We urge the House to move quickly to pass this bill, and we will work with Congress to improve the information and assistance available to Americans as the nation moves to digital television.”
Just days ago, Democrats appeared rattled after House Republicans successfully prevented Democrats from securing a sufficient majority of votes for DTV delay legislation.
“I am very disappointed the House Republicans blocked the DTV extension in the House,” said House Commerce Committee Chairman Henry Waxman (D-Calif.) at the time. “Their vote has wasted valuable time and will cause needless confusion for consumers. A clear majority in Congress supports postponing the transition and providing assistance to the millions of households that are unprepared. I am working with the Obama administration and congressional leadership to explore all available options.”
The Senate was first to pass a measure to postpone the DTV cutover after Rockefeller reached a compromise with Republicans.
The West Virginia lawmaker was clearly irked when House Republicans scuttled a DTV delay measure in the latter chamber. “One thing is clear, the outgoing Bush Administration grossly mismanaged the digital television transition and consumers are confused, households are not prepared, and the coupon program for converter boxes is broken,” said Rockefeller following the first House vote. “While the Senate paved the way with a bipartisan bill to repair this unfortunate situation, our Republican counterparts in the House chose to stand in the way of a workable solution. Instead of delaying the transition to ensure that the most vulnerable among us have the ability to prepare for the transition, they have made certain that far too many consumers across the country will wake up on February the 18th and find that their television sets have gone dark and access to news, information, and vital emergency alerts will be unavailable. It did not have to be this way – this situation was unnecessary and avoidable.”
Rep. Joe Barton (R-Texas), ranking member of the House Commerce Committee, has been at the vanguard of the House GOP rebellion against the Democratic-crafted DTV delay bill. In a letter to House Speaker Nancy Pelosi (D-Calif.) after the first House vote went down to defeat, Barton and Rep. Cliff Stearns (R-Fla.), ranking member of the telecom subcommittee, offered a way forward in the form of a bill that keeps the Feb. 17 deadline intact and authorizes an additional $250 million (less than half of what Democrats are seeking) for converter-box coupons.
“Now that S. 328, the Senate’s DTV-delay bill, has failed to gain sufficient support to pass without bypassing the regular procedures of the House of Representatives, all of us have work to do,” Barton and Stearns stated. “The DTV transition program is neither stuck nor broke. There are problems, but they can be overcome with your help and a dollop of real bipartisanship.”
Despite the rhetoric by lawmakers on both sides of the aisle, it has been abundantly clear all along that Democrats have the votes to get a DTV delay bill through Congress and to Obama’s desk for his signature very shortly. The only complication that had cropped up – but has since been addressed by the latest Senate vote – was that the House version of the DTV measure strayed from first Senate-passed bill after a couple of technical amendments – one relating to public safety – were made to the House bill.
Wireless waves
Earlier this month, before being sworn in as the 44th U.S. president, Barack Obama urged Congress to push back the DTV cutover because of a funding shortage and other problems.
Verizon Wireless and AT&T Mobility, which paid the lion’s share of the nearly $20 billion on auctioned licenses in 700 MHz spectrum being relinquished by broadcasters, were able to secure assurances from lawmakers and Obama officials that a DTV delay would not be open-ended. At the same time, the DTV delay measure does not appear to include provisions for testing 700 MHz gear prior to June 12 or provide any buildout relief.
Qualcomm Inc. failed to convince lawmakers to give it access next month to 700 MHz spectrum it bought to expand its MediaFLO USA Inc. mobile TV service in new markets.
In a Jan. 28 conference call on fiscal first-quarter earnings, Qualcomm CEO Paul Jacobs reiterated the company’s views.
“We oppose the delay of the Feb. 17th DTV transition date which was set by the U.S. government three years ago,” Jacobs said. “Since then, hundreds of millions of dollars have been spent making Americans aware of the transition date. Qualcomm has also invested hundreds of millions of dollars, including over $550 million to acquire spectrum in the FCC’s 700 MHz auction last year, to extend our innovative FLO TV service and build out the network. We have abided by the laws and regulations set by Congress and the FCC. Unlike other companies, we are prepared to launch our FLO TV service and turn on 100 new transmitters across the U.S. immediately after the transition date, which will allow a total of more than 180 million consumers in 80 markets to use our innovative wireless service.”
Public-safety organizations lobbied to be exempted altogether from any DTV transition delay, but lawmakers did not provide the full carveout they requested. Instead, House and Senate bills would enable first
responders to obtain greater use of 700 MHz frequencies only in cases where a TV station decides to shift to all-digital broadcasting before June 12. DTV legislations allows broadcasters to do just that, an option some likely will embrace to reduce energy costs associated with supporting analog and digital transmissions.