Countdown to February 17 - Some TV Stations Still Going All-Digital Despite the Extension of the Conversion Deadline

With February 17 only two days away - when all television stations had planned to be terminating their analog service until Congress passed the extension of the conversion deadline until June 12 - many stations are still planning to convert to fully digital operations on that date.  In the last few days, we have seen a flurry of FCC orders about the conversion - including one issued late Friday night modifying requirements that had previously been announced, including the requirement that stations providing analog nightlight service provide emergency information in Spanish.  As stations complained that they did not have the ability to translate their emergency information into Spanish, the FCC dropped the requirement (though still requiring information about the DTV transition to be broadcast in English and Spanish, probably assuming that Spanish-language PSAs providing the necessary information can be obtained from the NAB or other broadcast groups).  That order also officially extended all digital construction permits that would have otherwise expired on February 17, and extended the conditions that are on many of the permits prohibiting digital operations on their final digital channels until the new transition deadline - unless these stations get explicit permission from the FCC to transition early by showing that they will not cause any interference to other stations when they operate on their new digital channels.

The Commission also has been publishing lists of the stations that had intended to go all-digital by February 17 despite the extension.   First, the Commission released a Public Notice of all stations that had initially indicated that they would go silent, with a market-by-market analysis of which stations would go all-digital on February 17 (marked in red) and which would continue in analog.  After analyzing that list, the Commission issued another Public Notice, with a list of stations that could not go all-digital without submitting certifications that they would meet certain consumer education requirements after the transition - including having at least one commercial station in a market continuing to broadcast a nightlight service that not only included information about the digital transition, but also news and emergency information, for at least 60 days.  the certifications also required having a local call center for those who have questions about the transition, having a walk-in center where people can come for assistance with their digital converters, and otherwise taking steps to publicize the transition.  Stations either needed to make these certifications, provide another public interest reason why they had to terminate analog operations on February 17, or agree to continue their analog operations.

Late on Friday, the FCC issued the results of its order - providing lists of stations that have certified that they will meet the conditions and will transition on February 17, the few that have made alternative showings and will await FCC approval before they can make the February 17 transition, and those that have abandoned plans to transition on February 17.  In some markets, including Burlington-Plattsburg, Providence, La Crosse, Rockford, Sioux City and Waco, it appears that all or almost all of the commercial stations in the market will go completely digital, but for an analog nightlight station or stations, on February 17.  In other markets, including Eugene, Bakersfield, Billings, Mobile and Dayton, it appears that most stations that had been planning to go all digital, will continue their analog operations until a later date.

 All these decisions are being made at the last minute, as broadcasters struggle with the their decisions, often having to put aside long-made plans for the transition, or to absorb the additional costs of running two transmitters that had not been budgeted for when the plans for the February 17 analog cut-off seemed certain.  The Washington Post this week ran an interesting story, talking about the breakdown in the NTIA coupon program and the lack of communication between the FCC and the NTIA that led to the transition delay.  With the Commission seemingly putting the transition on the front burner now (including another meeting focusing on just that issue), the likelihood of the June 12 date holding seems almost assured.  Or at least we can all hope that will be the case. 

TV Digital Transition Rushes On - Comment Date on Proposals for Digital Fill-In Translators Set for January 12 and Analog Nightlight to Be Approved at January 15 Commission Meeting

The FCC's Notice of Proposed Rulemaking on Digital Fill-In Translators, to provide television service in areas where a television station's digital signal does not reach locations that were covered by its analog operations (a proposal we summarized here) was published in the Federal Register today, setting comment dates on this proposal.  Comments are due on January 12, and Replies on January 22.  As the Commission has already published instructions for filing for temporary authority to operate these stations, broadcasters who are interested in the final rules that may be adopted should look to file comments on these matters before the January 12 deadline.  This is another proceeding that is being rushed through the Commission in anticipation of the February 17 end of the digital television transition.

The analog nightlight proceeding is on an even faster track, with comments due on Monday (see our summary of that proceeding here). The Commission has just released a tentative agenda for its January 15 meeting, where the only item it will consider (other than reports from the Commission's various Bureau Chiefs) will be the analog nightlight proposal.  This is likely to be Chairman Martin's last meeting as chair of the FCC.  In light of the Congressional mandate to complete this proceeding by January 15, the Commission will have received comments and replies and digested them into a decision - all in the space of  20 days from the release of its Notice of Proposed Rulemaking - with the Christmas and New Years holidays intervening!  If anything, this shows two things - that the FCC can move rapidly if it has to, and that the DTV transition is the one and only real priority on the full Commission's agenda right now. 

Clearly, with this attention, it is imperative that broadcasters get it right and complete the transition on time and with as minimal disruption as possible, even though the government has not made it easy with all these last minute fixes only being offered in the last few months.  In addition to the digital fill-in translators and the analog nightlight, the Distributed Transmission Service order, authorizing what are effectively on-channel boosters, was just approved two months ago, after languishing at the FCC for several years.  All three of these proposals would have been much easier to implement had broadcasters been given more time to plan for their implementation and to budget for their costs.  But, as the FCC and Congress (which only a little more than a month ago approved the analog nightlight operations) seem as rushed to finish transition business as are some broadcasters, television operators will have to make due with what they have already planned, and make their listeners aware of those plans, between now and February 17.  As the transition will set the tone for the broadcasters dealings with the new Obama administration at the FCC, broadcasters cannot afford to get it wrong. 

FCC Comments Due January 5 on Analog Nightlight Program

In its rush to complete the "analog nightlight" program rules in time for television stations to make plans for the February 17 end date for analog television, and to comply with a statutory mandate to have the program in place by January 15, the FCC will require some people to work through their New Years Weekend to have comments to the FCC by Monday, January 5Federal Register publication of the Commission's Notice of Proposed Rulemaking on this proposal took place today.  We wrote about the program to allow some analog television stations to operate for 30 days after the end of the digital transition, to carry emergency information and to inform viewers who missed the message on the digital conversion about what they need to do to receive digital television, and about some of the issues posed by the FCC, here.  Reply comments on this proposal are due three days later -January 8

As the comment date is also when stations who were not included on the original list of those who automatically qualify for nightlight status are supposed to ask to be included and show how they will protect digital television operations, some engineers will also need to be busy this weekend.  With this short response time, station operators need to quickly get going on the comments due on Monday. 

FCC Proposes Rules for Analog Nightlight - For Those Left Behind After the Digital Television Transition

Congress recently passed legislation authorizing an analog "nightlight" or lifeline for those left behind after the digital transition.  This law was designed to allow certain full-power stations to remain operating in analog on February 18, with information about the digital transition for those people who otherwise managed to miss the information about that deadline.  This past week, while Santa was making his deliveries, the FCC released its proposals for implementing this authorization.  The Notice of Proposed Rulemaking sets out a list of stations that can take advantage of the authorization automatically, and the process for other stations being able to operate such a service.  In addition, the Notice proposes restrictions on the nightlight operation, the length of service, and miscellaneous other matters.  Given the tight timeframe before implementation on the end date of the digital transition, comments on the FCC's proposals will be due 5 days after they are published in the Federal Register, and replies 3 days later.

The proposals include the following:

  • Analog operation would be permitted by authorized stations for only 30 days after the end of the digital transition, through the end of the day on March 19, 2009.
  • The nightlight service can only include information about local emergencies, and information about how viewers can get digital television services.  The information about how to get digital services should be in English and Spanish, and accessible to those with disabilities.  No advertising will be permitted.
  • The Commission attached to its Notice of Proposed Rulemaking a list of eligible stations .  Such stations, if they are interested in participating, need to electronically file by February 10 a request for Special Temporary Authority to operate the nightlight .  No filing fee will be required.
  • Stations not listed may still participate by demonstrating how they will protect all digital operations, through lower power, terrain shielding, directional antennas or similar techniques.  Comments showing how they will participate should be filed in the comment period for the NPRM.
  • The nightlight service will not be entitled to mandatory cable carriage.

Not all markets will have a nightlight service - at least using the Commission's initial proposals.  The list of markets that will receive such service is available here.  The markets where no service is currently available are markets where all stations in that market would interfere with some station's digital operations were they to continue to operate their analog facilities after the transition deadline.  But, as stated above, it may be possible, through reduced power operations or in some other fashion, for at least some stations in these markets to provide some sort of post-transition analog service.

The Commission is looking for comments on the details of all of these proposals, including the details of what information the nightlight stations should provide, as well as the interference standards proposed by the Commission.  Parties with ideas about these issues should quickly prepare to file comments in this important proceeding so that service can be provided to those left out by the conversion of television stations from analog to digital on February 17.