Minutes ago, the House of Representatives just approved the Senate's "DTV Delay Act", bill S.352, by a vote of 264 to 158.  President Obama was a vocal supporter of this bill when it was originally proposed, and is expected to sign it promptly.

You can download an Acrobat copy of the bill here.

What's actually in this bill?

Section 2 of the bill changes a number of dates:  the final date for analog service shifts from February 17th to June 12th, and spectrum for other commercial and public safety services becomes available the following day.  FCC licenses and construction permits affected by the delay are to be automatically extended by the corresponding 116 days.

Section 3 deals with the NTIA coupon program for converter boxes.  Part (a) extends the closing date for coupon applications from March 31st to July 31st.  Part (b) allows the NTIA to re-issue new coupons to replace unredeemed and expired coupons, and part (c) seems to allow for coupons to be re-issued in cases where they were applied for, but never received.  There is one catch:  part (d) requires that before coupons can be renewed, new legislation must be in place to add funding for the coupon program.  At present, this is part of the economic stimulus package being debated, and probably will not see final action for several weeks.

Section 4, in some ways, makes this bill self-contradictory:  part (a) allows analog stations to continue their existing plans to shut down as originally planned, or at some unspecified date between the original February 17 cut-off and the new June 12 date.  Part (b) allows public safety radio services to take advantage of spectrum as it becomes available through early analog (or temporary digital TV) shutdowns.  And part (c) requires that the FCC, within 30 days of this bill's adoption, revise its rules, regulations, orders, and so forth to comply with the new previsions of this delay legislation.

Section 5, finally, extends by a year the FCC's authority to auction off the spectrum being taken away from broadcast television (that is, channels 52 and above, also known as the 700-megahertz band).

What is the practical effect of this new law?

First and most important, it does not necessarily delay the shutdown of analog stations.  It is still possible -- and quite likely, given the difficult economy -- that many stations will elect to shut off their analog transmitters as soon as possible simply as a cost-cutting measure.  Some stations cannot fully implement their full digital buildout without shutting down their analog stations first, and they are also likely to transition before June 12th.  Don't assume that you now have four more months to get ready -- get geared up now, at least with the minimal equipment necessary for one receiver.

Second, the legislation as written includes a number of legal conflicts that will create considerable confusion.  Although this could become law as soon as today, if President Obama signs it, television stations are still bound by current FCC rules and regulations, which could take up to a month to be amended under the law.  So technically, it is possible that analog stations could still be required to go dark on February 17th under existing rules currently in force, unless the FCC moves with considerable speed.

Third, and it's really a practical application of the last point, you will see some strange contraditions for a while.  Under the FCC's DTV education requirements, stations are still required to broadcast a countdown to the original February 17th date.

Bear with us as we muddle through all of this and try to make some sense of it.  In the meantime, keep getting ready!

-- Jeff