Posted on June 15, 2009 by David Oxenford

Analog Television - Not Dead Yet - Not All LPTV Stations are Digital

Reading the papers and watching the news this weekend, one would think that analog television is a relic of the past - something that we can all soon look back at fondly as a quaint childhood memory, never to be seen again.  Yet all the reports fail to mention that for populations that watch their over-the-air television from TV translators or Low Power TV stations, analog television is still very much a reality, and in some places will be for years until the FCC sets a deadline for the digital conversion of these stations. Many of these stations operate in rural areas or serve minority or other specialized audiences, perhaps explaining the lack of coverage in the mainstream media.  But, given all the publicity that has been accorded to the "completion" of the conversion, some of these populations may well have been confused by the process.  We've writtenabout this issue and how it could have created confusion in smaller markets which have service by both full-power and low power TV stations, here.

The transition of LPTV to digital raises a number of issues - including the ability of these stations to deliver radio-type programming when operating on Channel 6.  As we've written, LPTV stations on Channel 6 have been used to provide radio services, as Channel 6 is immediately adjacent to the FM band and can be picked up on most radio receivers..  However, when the ultimate transition of LPTV to digital is completed, the ability of these stations to provide a radio-type service will probably disappear, as the audio system used by digital television will not be picked up by analog radio receivers. 

As we recently wrote, the FCC has just announced a window during which LPTV stations can file for new digital channels that were made available by the full power conversion between now and June 30.  This is but one more step toward the day when these last analog holdouts will make their transition.  The government is also making available funds to help many of these stations make the transition (see our post here).  We will only wait for the FCC to set the date when that transition will be mandated, and analog television broadcasting will truly be a relic of the past.

UPDATE 6/18/09:  I received a message in response to this post, from someone very involved in the LPTV community, who says that engineers are working on a way to allow the analog audio signal to be embedded in the digital LPTV transmission, so that using LPTV for radio-like services may still be possible after the LPTV digital transition.  It will be interesting to hear any specifics on that proposal as they become available. 
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Posted on June 3, 2009 by Brendan Holland

FCC Clarifies Commencement of DTV on June 12th

The FCC yesterday issued a brief Order clarifying that stations that are flash-cutting to digital on their analog channel, or are otherwise commencing digital service on another channel as part of the transition, have the flexibility to do so at any time on June 12th without further authorization from the FCC.

[Please note, this information does not affect stations whose pre-transition and post-transition digital channels and facilities are the same. Such stations can complete the transition by simply terminating their analog service.]

Currently, DTV construction permits that specify only "Post-transition" operations state that they can only be implemented after 11:59 PM on June 12th, meaning you could not begin operations until the stroke of midnight on June 13th.  With the FCC's recent clarification, however, stations are free to begin DTV operations whenever they are ready to go on June 12th.  This will hopefully allow stations to commence digital operations with less of a gap between the analog shut off and the digital commencement.  In addition, it will also allow stations the flexibility to commence operations on June 12th and work any bugs out during daylight hours.

Thus, for example, a station that is scheduled to shut off its analog facility at 10 AM on the 12th can begin DTV operations on that same channel at 10:01 AM instead of having to wait until after midnight.  The only caveat is for those stations whose early operation could affect another station (e.g., where Station A's post-transition channel is the same as Station B's channel for pre-transition).  In those cases, the FCC has instructed that the parties must coordinate with one another to ensure that the incumbent station terminates its service before the new co-channel station begins operation.  Again, no authorization is required from the FCC, but if the stations are not able to coordinate with one another, then they must wait until after 11:59:59 to commence post-transition operations.

In any case, once a station commences post-transition DTV operations consistent with their underlying construction permit, they will need to file a notification with the FCC, as well as a Form 302-DT covering license application to complete the process. 

 

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Posted on January 2, 2009 by David Oxenford

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. 
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Posted on December 31, 2008 by David Oxenford

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 5.  Federal 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. 

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Posted on December 30, 2008 by David Oxenford

FCC Proposes New Digital Low Power Fill-In Translators, and Starts Accepting Applications Immediately

Last week, the FCC introduced a new service to fill in gaps in the service of a digital television station - permitting television stations to immediately apply for Special Temporary Authority to construct digital translators.  Translators rebroadcast the signal of a full-power station, but operate on a channel different than the main station they retransmit.  The Commission has already authorized stations to operate on-channel low-power facilities in the Distributed Transmission Service (DTS) proceeding, about which we wrote here.  The digital translators, however, will only be authorized to serve areas that had received analog service from the television station but which will lose that service when the station goes fully digital, thus raising questions as to how much use these stations will really be.  In a Public Notice released today, providing filing information for these translators, the Commission states that the translators can only serve this loss area.  While the authorization of this Digital Low Power Television Translator service will begin immediately on an STA basis, the Commission's order came out only in a Notice of Proposed Rulemaking, which could ultimately be rejected by the Commission after public comments are submitted.

The Commission seeks comments on a number of proposals made in this proceeding, including the following:

  • The new translators would operate on Channels 2-59, with those operations on channels 53-59 being authorized only where the applicant can show that there is no other channel on which a translator can operate
  • These translators will be given application priority over all other translator applications except those for the displacement of an existing translator or LPTV station, which would have co-equal priority
  • The translators would be authorized as part of the main station license, would be renewed as part of the main station license, and could not be sold except with the main station.
  • The translators will be authorized to fill in the area served by an analog full-power station but lost when the station converts to digital.  The Commission seeks comments as to whether even a nominal extension of the coverage area will be permitted (it apparently will not for authorizations initially granted through an STA) 
  • Applicants receiving an authorization for this service will be given a construction permit - and the Commission asks if that permit should be limited to a period of six months so that service to the public will be initiated quickly.
  • The Commission also asks how this service should interact with white spaces devices recently authorized by the Commission (see our summary).

Given the limits on the use of these translators to areas that currently receive an analog signal from a station but will not receive a digital signal from that station, it is questionable how many stations really will have the opportunity to use these stations.  The Commission last week released maps of predicted coverage areas for digital station operations, comparing those signals with the station's current analog operations.  Most television UHF stations replicate their analog service in digital.  Many analog VHF stations however, show areas of lost service if they are operating on a UHF channel after the transition.  Seemingly, these stations will be the most likely to need to use these digital fill-in translator stations.

Television stations should look at their service before and after the transition and, if these translators will benefit their operations, they should consider submitting applications now to provide service after the February 17 digital transition. 
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Posted on December 28, 2008 by David Oxenford

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. 
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Posted on September 19, 2008 by David Oxenford

FCC Tackles Equipment Manufacturers for Not Including DTV Tuners in Their Devices

 As the digital television transition continues to progress, the FCC has been pursuing not only broadcasters who have been slow in building out their digital facilities, but also consumer electronic manufacturers who have not done enough to facilitate the transition. In a letter released this week, Chairman Martin has by letter urged consumer electronics retailers to stock inexpensive converter boxes that will pick up digital signals and allow analog television sets to broadcast those signals, keeping those sets from becoming obsolete. Also, the FCC recently entered into a consent decree agreeing to a fine for Sling Media for not including a digital television tuner in some of its equipment, reminding all consumer electronics manufacturers, including those who install them as an adjunct to their technology, of the need to include such tuners in their equipment.

The issue of the digital converter boxes is an interesting one. When NTIA started issuing coupons to consumers to subsidize their transition to digital, it was hoped that the $40 coupons that consumers would receive would come close to covering the entire cost of the converter box necessary to keep an analog set operational. In fact, in most cases, the boxes have cost more than $40, requiring the consumer to pay at least some of the cost of the box. What has been particularly frustrating has been the announcement that Echostar, the satellite television provider of the Dish Network, had manufactured a highly rated box that would be available at $40, and would also include the ability to “pass through” analog signals – to continue to receive analog as well as digital signals – a particularly important property in markets where there are LPTV or TV translator stations that will continue to operate in analog after the February 17, 2009 deadline for the digital conversion of full-power television stations (see our post here on that issue). However, as the Chairman's letter makes clear, that box and boxes like it are not available in most consumer electronics stores. Thus, the Commission has urged retailers to stock such devices in these final months before the digital cut-off so that no one is left behind. 

The Sling case resulted in a $42,500 to the manufacturer of the SlingBox device that takes a TV signal and transmits it over the Internet to the owner’s computer, wherever the user may be – so that he or she can keep up with their local TV programs. One might not think of these sorts of high-tech devices as having television tuners, but this action reminds all manufacturers of any sort of consumer electronics equipment that they, too, need to be prepared for the digital transition.  The Commission also released two other fines to companies for failure to have digital tuners in devices that pick up TV signals (here and and a second, here, requiring a manufacturer to make sure that receivers without digital tuners that are exported are not returned and resold in the United States unless they have digital tuners).  These actions are all aimed at assuring that the digital transition occurs with as little disruption as possible next February, and make clear that all manufacturers must meet the DTV receiver requirements.
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Posted on September 15, 2008 by David Oxenford

Digital Television Conversion is a Reality in Wilmington NC - Publicity Ramps Up Around the Country While Issues of Readiness are Raised

It's been a week since Wilmington, North Carolina became the first television market in the country to have virtually all of its television stations convert to digital - ceasing their analog operations.  The FCC, NAB and local stations all concentrated great resources in Wilmington in order to ensure that the transition was smooth and, while most observers believe that disruption was minimal, there are some who remain concerned about the results of the Wilmington experiment, and whether it can be replicated in other television markets.  While the FCC ramps up its efforts to promote the digital television transition around the country, one Commissioner has suggested several other steps that should be taken (including leaving an analog lifeline for those people who don't get the message), and Congress is set to weigh in on the issues over the next two weeks.  All in all, the push is on for the February 17, 2009 transition to digital.

One of the most thought provoking commentaries on the transition comes from Harry Jessell, editor of TV Newsday.  In a commentary published last Friday, Jessell computes that the complaints in Wilmington amounted to about 5% of the television households in that market.  If that pattern was to be repeated in all markets around the country, Jessell computes that there would be about 1.7 million homes that will miss the transition and be without TV service on February 18.  Jessell further figures that this is a best case number, as all of the publicity showered on Wilmington will not be available in the remainder of the country, and there will likely be more technical problems in other markets with more irregular terrain than Wilmington (which is mostly flat coastal plain) and where TV towers are in different locations.  Jessell suggests several steps - including staggered cut-off dates to avoid overloading national DTV hotlines, more education on antenna issues (one of the major issues in Wilmington), and more "soft-tests" (stations ceasing analog operations for limited periods to see if their viewers are ready for the transition). It is a commentary worth reading.

FCC Commissioner Michael Copps today released a letter to Chairman Martin suggesting his own set of actions.  These include some that the FCC can itself do (e.g. setting up task forces to target outreach to "at-risk communities" and improving the FCC's call center to deal with DTV questions), many of the proposals will need significant industry assistance.  This includes the proposal to push for the introduction of battery powered digital televisions (important in emergencies like those highlighted by this year's hurricanes), conducting more field testing, and improving education about how to use digital-to-analog converter boxes and antennas to pick up digital signals (which in many cases need to be far more sensitive and accurate given the all or nothing nature of the digital signal - it doesn't deteriorate toward snow when the antenna is not properly placed, instead it disappears.  Also, the nature of the digital signal requires "buffering," meaning that an antenna must be left in one place for 5 to 10 seconds to see if it has acquired a signal, making antenna placement more difficult without immediate feedback as to whether it is in the right place).  Commissioner Copps also favors an idea that has been echoed by many other observers - the need to leave at least one station operating in analog after the end of the transition with an explanation of where the analog signals went for those people who don't otherwise get the message.

In the next two weeks, both the House and the Senate will be holding oversight hearings to determine if the FCC is properly handling the end-game of the DTV transition.  At the same time, the FCC has announced that it will be sending its employees around the country to conduct DTV transition seminars and meetings.  We've personally seen FCC staffers, required to travel for reasons totally unrelated to the transition, who have been pressed into service to spread the DTV message when they are otherwise visiting a distant city .  The FCC is doing its best to spread the word.

Even with these efforts, are there bound to be some people who miss the message?  Of course - there always seem to be some people who simply are not paying attention. But doomsayers must also remember that, as the final transition date approaches, the media will all focus on that deadline.  One would think that, with the concentrated publicity that the deadline will receive from local and national media, the word will get out.  Or at least we can hope....
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Posted on September 5, 2008 by David Oxenford

FCC Grants Small Cable Systems Reprieve from Digital Must-Carry Requirements

The Commission this week released an Order exempting certain small cable systems from the requirement that, after the February 2009 digital transition, for a three year period, cable systems carry both an analog version of a broadcast television station's signal plus the station's high definition signal.  This dual carriage requirement was imposed so that the cable system would ensure that a version of the station's signal was available to all subscribers to the system, and so that those who had high definition sets could receive the television signal without "material degradation" of its signal, as required by FCC rules.  As some small systems either did not have the bandwidth to transmit an HDTV signal or could not meet the costs necessary for such carriage, the Commission decided to grant these systems an exemption.  Specifics of the FCC decision and the exemption, and on the background of this ruling, can be found in Davis Wright Tremaine's Advisory on this order. 

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Posted on May 28, 2008 by David Oxenford

What Will the FCC Learn from Wilmington - The Beginning of the End of the TV Digital Transition

With the Digital Television conversion date only eight and a half months away, the end game is beginning.  The FCC has announced that Wilmington, North Carolina will be a test market for the digital conversion, going all-digital on September 8 (or almost all digital, as the local NPR affiliate is not planning to turn off its analog signal, and one LPTV station will continue to operate in analog).  This will provide the FCC with an opportunity to determine what will really happen when the digital transition occurs in February of next year.  What will the FCC learn from this early test?  In the statement of Commissioner Copps at a recent town hall meeting held in Wilmington to address the digital conversion, some of the issues to be watched were set out.

Essentially, the Commissioner identified four different broad categories of issues that would be considered.  They are:

  • Technical issues - will the DTV signals provide adequate service to their communities?  Will the converter boxes be able to receive the signals with "rabbit ear" antennas, or will there be reception problems
  • Will consumers have received the word about the transition, or are there certain groups that will be particularly hard-hit by the transition, missing out on vital information about that transition?
  • How will various partnerships work?  The Commissioner identifies partnerships between various industry, government and community groups to distribute news about the transition, but there are also partnerships between stations and multi-channel video providers (cable and direct broadcast satellite) that need to be worked out
  • The unknown - what other issues that are not anticipated will arise?

As set forth below, many of these issues have been receiving extensive press coverage in recent weeks.

Last week, a Washington Post article addressed some of the practical problems with the digital conversion, identifying many of the problems that others have identified before, such as the fact that the digital signals are subject to breaking up when received on rabbit ears when there are people walking around a room, or airplanes or trucks passing near the house.  A similar article ran last month in the New York Times.  I have personally experienced the issue, having bought a digital converter box last weekend to hook up to an analog TV set.  Even though, from the second story of my house I can see some of the TV towers when there are no leaves on the trees, a TV on the first floor, which picked up digital signals clearly when there was no movement, would break up into pixels when there were people moving in the room.  A second floor TV with a better antenna had fewer issues.  But these problems will no doubt be faced by consumers as the transition occurs, and stations need to be prepared to address them with their viewers.  The Wilmington test will provide ideas on how bad the problems will be, and how great a consumer outcry will occur.

Last week, the New York Times also reported on a recent study that addressed the number of homes that were unprepared for the transition.  The report stated that 25 million homes have sets that won't work after the digital transition, and 10 million are completely unprepared for that transition.  While the Times report seemed to regard these figures as ominous, as television stations are only now beginning to really alert consumers about the transition, these figures may not be of as much concern as the article seems to imply.

Efforts are now being made by organizations across the country to educate the public about the transition.  Not only have the FCC rules requiring consumer education efforts by broadcasters, cable companies, and consumer electronics stores, about which we wrote here, been adopted, but voluntary efforts are underway around the country.  The NAB, the FCC, the consumer electronics companies, all sorts of community organizations and broadcasters themselves are conducting educational efforts all around the nation.  The FCC itself is conducting a seminar on converter box issues on June 19, and hosting another on May 28 sponsored by the NAB and DC's Congressional representative, Eleanor Holmes Norton.  Similar seminars are being conducted across the country.

Partnerships between broadcasters and multichannel video providers, to ensure that all are ready to "flip the switch" at the same time are also necessary.  And, as we wrote here, there is also a need for broadcasters to coordinate with each other to make sure that conversions which are contingent on each other are coordinated.  Industry organizations are working with stations to ensure that they work out these issues.

So, while there is much to do before the transition, the Wilmington experiment should help to clarify many of the issues that are to be resolved.  It will be interesting to see what is learned in Wilmington.  Whether it will be interesting to be in Wilmington when the conversion occurs remains to be seen.
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Posted on March 9, 2008 by David Silverman

FCC Announces DTV Consumer Education Requirements - Very Specific PSA Obligations Placed on Broadcasters

Although many TV stations are already airing PSAs and other programming designed to educate the public about the upcoming digital television transition, the FCC released an Order containing very specific requirements  for these educational initiatives.  These rules mandate public education efforts about the DTV transition by television broadcasters, multichannel video providers, and electronics manufacturers.  In addition, the new rules require that television stations file a quarterly report on a new form, FCC Form 388, with the FCC (that is also placed in the station’s public file and on its website) certifying compliance with the requirements of the rules and setting out specifics of other consumer educations efforts about the DTV transition that the station has undertaken.The requirements will become effective immediately upon publication in the Federal Register, and continue through March 31, 2009, for all full power stations who complete the transition to their full DTV facilities by February 18, 2009.

The FCC has established three options for meeting the educational initiatives requirement, two of which are available to all TV stations, and one of which is available to noncommercial stations only.  Each has very specific mandates as to how many PSAs about the digital transition are required, and how much additional content (crawls, various over-lays onto programming, long-form programs) are required to meet the obligations.  Thus, broadcasters and others subject to these rules should review the specific requirements carefully.

Option One requires the following:

  • Between the effective date of the order (upon its publication in the Federal Register) and March 31, 2008, a station must run at least one PSA and one visual crawl on both its analog and digital streams, during each quarter of the day – midnight to 6 AM, 6 AM to noon, noon to 6 PM and 6 PM to midnight (actually to be run during prime time – 8 to 11 eastern and pacific, 7 to 10 central and mountain time)
  • Between April 1 and September 30, 2008, a station must run at least two PSAs and two visual crawls on both its analog and digital streams, during each quarter of the day – midnight to 6 AM, 6 AM to noon, noon to 6 PM and 6 PM to midnight (at least one during prime time – 8 to 11 eastern and pacific, 7 to 10 central and mountain time)
  • Between October 1, 2008 and March 31, 2009, a station must run at least three PSAs and three visual crawls on both its analog and digital streams, during each quarter of the day – midnight to 6 AM, 6 AM to noon, noon to 6 PM and 6 PM to midnight (at least one during prime time – 8 to 11 eastern and pacific, 7 to 10 central and mountain time)
  • Each PSA must be at least 15 seconds long, and must contain the following information:

(A) After February 17, 2009, a television receiver with only an analog broadcast tuner will require a converter box to receive over-the-air broadcasts with an antenna because of the Nation’s transition to digital broadcasting. Analog-only TVs should continue to work as before with cable and satellite TV services, gaming consoles, VCRs, DVD players, and similar products.

(B) More information is available by phone and online, and provide appropriate contact information, including means of contacting the station or the network.

  • The PSAs must, during the life of the campaign, also discuss the following information:

(i) The steps necessary for an over-the-air viewer or a subscriber to a multichannel video programming distributor to continue viewing the station after the transition;

(ii) Changes in the geographic area or population served by the station during or after the transition;

(iii) The channel on which the station can be viewed after the transition;

(iv) Whether the station will be providing multiple streams of free video programming during or after the transition;

(v) Whether the station will be providing a High Definition signal during or after the transition;

(vi) The exact date and time that the station will cease analog broadcasting, if it has not already done so; and

(vii) The exact date and time that the station will begin digital broadcasting on its post-transition channel, if it has not already done so.

Option Two consists of a compromise plan offered by the NAB, that focuses on longer announcements aired in higher listening hours with a more significant publicity push in the last months of the digital transition.  This option requires an average of 16 PSAs and 16 "crawls, snipes and/or tickers" per week between the hours of 5 am and 1 am.   Four each of these PSAs and crawls, snipes and/or tickers must air between 6 pm and 11:35 pm Eastern/Pacific time (5 and 10:35 PM in Central and Mountain time zones).  Each PSA must be at least 30 seconds long, or stations can substitute two 15 second PSAs for a 30 second spot.  Option Two also requires a 30 minute infomercial on the DTV transition to be shown once prior to February 17, 2009. 

Beginning November 10, 2008 (100 days prior to the transition), Option Two requires enhanced disclosure  That disclosure can take any of the following forms:

  • Graphic Display.   A graphic super-imposed during programming content that reminds
    viewers graphically there are “x number of days” until the full-power transition. They
    will be visually instructed to call a toll-free number and/or visit a Website for details.
    The length of time will vary from 5 to 15 seconds, at the discretion of the station.
  • Animated Graphic.   A moving or animated graphic that ends up as a countdown
    reminder. It would remind viewers that there are “x number of days” until the fullpower
    transition. They will be visually instructed to call a toll-free number and/or
    visit a Website for details. The length of time will vary from 5 to 15 seconds, at the
    discretion of the station.
  • Graphic and Audio Display.   Option #1 or option #2 with an added audio component.
    The length of time will vary from 5 to 15 seconds, at the discretion of the station.
  • Longer Form Reminders.   Stations can choose from a variety of longer form options to
    communicate the countdown message. Examples might include an “Ask the Expert”
    segment where viewers can call in to a phone bank and ask knowledgeable people
    their questions about the transition.95 The length of these segments will vary from 2
    minutes to 5 minutes, at the discretion of the station (Some stations may also choose
    to include during newscasts DTV “experts” who may be asked questions by the
    anchor or reporter about the impending February 17, 2009, deadline).

Noncommercial stations may either Option One or Option Two, or they can select a special option created solely for them.  Option Three consists of 60 seconds per day of consumer education of the station's choosing, of which 7 1/2 minutes per month must air between 6 pm and midnight.  This requirement doubles on May 1, 2008 and, on November 1, 2008, it triples to 180 seconds per day, of which 22.5 minutes per month must air between 6 pm and midnight.  Option Three also requires the 30 minute infomercial, which must air once between 8 am and 11:35 pm before February 17, 2009.

All of the options described above apply to both analog and primary digital stream channels and require PSAs to be closed captioned.  They also require the quarterly filing by each station of a new FCC Form 388, beginning April 10, 2008 and ending April 10, 2009, detailing the station's compliance with its chosen option as well as other (optional) station outreach efforts.  That form is filed electronically with the FCC, placed in a station's public file, and posted on a station's website.

The FCC also established educational initiative requirements applicable to multichannel video programming distributors (MVPDs) and consumer electronics manufacturers.  Briefly, MVPDs such as cable and satellite carriers must provide bill stuffers.  Manufacturers of TV receivers, converter boxes, DVD players and other devices that work with TV receivers must also provide consumer notices about the digital transition with their equipment.

There are no requirements applicable to translators, Class A or low power TV stations, although the FCC encourages them to advise viewers that they may continue to receive these analog stations after February 17, 2009.  They are also asked to encourage viewers buying DTV converters to get ones that will continue to pass through their analog signals.

Stations should take whatever steps are necessary to comply with the above requirements, since they become effective upon Federal Register publication, which could happen very quickly.  The FCC hopes that all of these consumer education requirements will help insure that no one is taken by surprise when full power analog broadcasting ceases on February 17, 2009.
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Posted on February 9, 2008 by David Oxenford

Further Summary of the Digital Television Transition Process Published

On the last day of 2007, the FCC released its Third Periodic Review of the Digital Television rules and policies, providing the rules and procedures that TV stations must follow in their final transition from analog to digital operations.  This transition leads up to the February 17 deadline when all television stations must cease analog broadcasting and operate full-time in digital.  We first summarized that order here.  Now that the order has been published in the Federal Register, and deadlines and filing dates have become fixed, our firm, Davis Wright Tremaine, has published a more complete summary of the DTV transition rules.  The advisory containing that summary can be found here.  Read it and prepare for the hectic year before the digital conversion is complete.

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Posted on January 2, 2008 by David Oxenford

Coupons For Converter Boxes Now Available From NTIA, So That Consumers Can Watch Digital Television on Analog Sets

The National Telecommunications and Information Administration ("NTIA") now has made available the coupons for consumers to use to buy converter boxes that will allow analog television sets to pick up the digital signals of television stations.  We have written about the NTIA program before, here.  Digital signals are now available in most markets, and these signals will be the only signals available from full power television stations after the February 17, 2009 digital conversion deadline. The coupons, valued at $40, will be available until they run out (and, by most estimates, Congress has not appropriated enough money for every household to get coupons).  They are available to any household regardless of financial need, but can be used only to buy certain very simple converter boxes to convert over-the-air digital transmissions to analog so that the digital programs can be seen on analog television sets that are not hooked up to cable or satellite (cable and satellite systems will provide signals that will not need the use of these boxes).  The NTIA has a very helpful website, here, to explain the coupon program.  The applications for the coupons are available here. 

Any household can apply for up to two coupons.  Coupons cannot be aggregated to buy a single box - so the multiple coupons will only be of use to households with more than one set that is not connected to cable or satellite.  As set forth on the NTIA site, the boxes are expected to cost between $50 and $70, so the coupon will not completely cover the cost of the box.  What is perhaps most interesting is that, even though the applications for the coupons can be filed now, the coupons will not be sent out for another month or two, as there are no boxes yet available in local retail outlets.

As we wrote in our earlier post on the subject, the NTIA had to approve all retailers who would be part of the coupon program because of concerns with fraud and other potential problems.  That process was only completed, as the NTIA only last month approved a list of retailers who can process the coupons and sell the approved converter boxes.  The list of approved retailers is available here, with retailers ranging from stores with a single location to huge retailers such as Wal-Mart, Kmart, Target, Sears, Circuit City and Best Buy. 

The converter boxes should immediately allow analog televisions sets to access multicast streams of digital programs that analog sets cannot now receive.  So get those coupons now (or at least apply for them now), before they are all gone, and become part of the digital conversion.
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Posted on October 23, 2007 by David Oxenford

It's What Happens to TV Channels That are Returned - 700 MHz Auction Details Set

As the nation's television stations move closer and closer to the February 17, 2009 termination of analog broadcasting, plans are well underway to re-use the channel that these stations must surrender after that date.  Currently, most television stations operate on two channels, their traditional analog channel, and a transition channel on which they have been allowed to transmit their digital signal until the end of the digital transition.  As we wrote here, the FCC has assigned to all stations a final channel on which they will operate once the transition is complete (usually the transition channel or the original analog channel).  After February 17, 2009, the television stations will only broadcast on their final digital channel, and their other channel will be returned to the FCC.  All television operations will be consolidated in Channels 2 through 51, allowing the re-use of Channels 52-69.  Some of those returned channels have already been auctioned off (see our post here about some of the operations on those channels), and the FCC has recently announced auction rules for the remaining channels.  Our firm has just issued an Advisory setting out the important dates for participation in that auction - the so-called 700 MHz auction.  That advisory is available, here.

As these channels have excellent propagation characteristics, it is believed that they will be highly sought, with some estimates that the nationwide channels may bring several billion dollars into the Federal treasury.  Rumored uses include various forms of broadband access, either through open systems where consumers will pay for access as they do for any Internet access, but content providers will not have to pay, to more closed systems where the licensees determine what content will be provided.  As set out in the Advisory, at least some degree of openness to new devices that connect to the network is guaranteed on some portion of this spectrum under the Commission's orders.  But ultimately how much of that spectrum is used for closed systems transmitting video or audio entertainment (sounds like broadcasting) remains to be seen.   The more things change....

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