Statement of Congressman John D. Dingell, Ranking Member
Committee on Energy and Commerce

BARTON AMENDMENT TO H.R. 10

(Contained Within the En Bloc Amendment Offered by Mr. Hoekstra)
THE 9/11 RECOMMENDATIONS IMPLEMENTATION ACT

October 8, 2004

I agree with Chairman Barton that the digital television transition has taken too long and that we need to quickly get our police officers, firefighters, and other first responders an additional 24 megahertz of spectrum to help them safely do their jobs. This spectrum, currently occupied by television channels 63, 64, 68, and 69, is set to be turned over to first responders once the stations broadcasting on those channels transition to digital. Can the federal government speed this up?

Some have proposed getting first responders this spectrum more quickly by requiring certain broadcasters to return their spectrum by the end of 2006. This suggestion, though well intentioned, is a simplistic approach to a complex problem. It does not ensure that the public safety sector will be ready to use this new spectrum. Also, this suggestion, by supplanting certain broadcasters directly, and shutting down others to prevent interference, will prevent many consumers from receiving important programming such as local news and weather. Finally, it will also disproportionately harm the Hispanic community by shutting down a number of Spanish-language stations.

Likewise, the amendment before us today does not reflect the complexity of this issue. Although I agree with Chairman Barton that we need to speed up the digital transition, the amendment declares that we should establish a hard deadline of December 31, 2006, when all analog television broadcasts on all channels would cease. Such an absolute declaration is premature. It would not allow enough time for affordable equipment to come to market or to properly educate consumers about the transition. Moreover, it could result in many consumers losing their television service. That must not happen.

Congress needs to address the digital transition issue soon in a comprehensive way, addressing, among others, three major issues. First, we need to expedite public safety’s access to new spectrum and provide them with certainty so they know when they will be receiving new spectrum. Certainty will allow first responders time to plan how to use the spectrum. It will also allow them time to line up the funding necessary to make use of the spectrum once it becomes available.

Second, we need to implement a far-reaching plan to educate consumers on what will happen once the digital transition is complete. It is important that consumers know when the transition will take place, how it will take place, and what it means for them with regard to their television viewing.

Third, consumers should not bear unfair cost burdens, and we need to have a program in place to provide subsidies so that no one is left behind as the United States transitions to digital television.

I am pleased that Chairman Barton recognizes the need to tackle these issues in a thoughtful and comprehensive way. Unfortunately, I cannot support the amendment before us today because it is premature and could lead to consumers losing their television service.

I am confident, however, that regardless of which party controls the House next Congress, the Committee on Energy and Commerce will work in a bipartisan basis to properly address these issues in a way that will speed up the digital transition, provide certainty to public safety regarding new spectrum, and protect consumers from losing their television service.

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(Contact: Jodi Seth, 202-225-3641)