Senator Hutchison Announces Compromise on DTV Transition Delay Until June 12 - Why Congress Needs to Act Soon

This week, an agreement by Republican Senator Kay Bailey Hutchison, the ranking minority member on the Senate Commerce Committee, to an extension of the DTV transition deadline from February 17 until June 12, was announced.  The delay has been requested so that issues about the distribution of the $40 government coupons to consumers to ease their purchase of converters to allow analog TVs to pick up digital signals so that they will continue to work after the transition date can be resolved; and so that there can be more targeted information about the transition delivered to groups that many feel may not have received the message about the transition. But Congressional Republicans have thus far blocked attempts by the Obama administration to delay the transition, so this agreement by Senator Hutchinson is viewed as a sign that the extension may very well be approved in the near term.  As the transition deadline is only weeks away, if Congress is going to act, it needs to do so immediately, or the effect of any delay will be negligible as the transition will have, for all practical purposes, already occurred.

Most broadcast stations have made plans for the transition - ordering the equipment, scheduling tower crews, coordinating the changes in frequencies with other stations in the same region that may be necessary to accommodate the digital operations.  In some cases, stations have already ceasing their analog broadcasting so that the new equipment necessary to accomplish the transition can be installed, or because these stations will be operating digitally on their analog frequency and have had to allow a tower crew or other engineering support to conduct the work necessary to allow the digital operations on the final channel to occur before the February deadline dates.  Given the limited number of such crews, not all of these final changes could happen on a single date, so stations have been changing to all digital operations now as the final date approaches.  Without Congressional action very soon, the transition will have, for the most part, already occurred.

The compromise proposal which resulted in Senator Hutchison's agreement involved several changes to the original bill proposed by Senator Rockefeller - changes made so as to ease some of the concerns raised by parties that were worried about the extension of the transition date.  For broadcasters who were already set to make the transition, and worried about the costs of spending more money to keep the analog stations in operation past the February 17 deadline, the compromise allows earlier transitions to digital on a voluntary basis.  For public safety groups who were to get access to some of the spectrum being vacated by television stations, they are permitted to occupy that spectrum as soon as the stations that block their use terminate the interfering analog operations, and do not need to wait to the end of the transition.

If the remaining Senate Republicans are satisfied with this compromise, and if the House can be convinced to agree to these proposals, we could see action early this coming week on the extension of the transition.  To some stations who, for one reason or another (often financial) have had concerns about meeting the February 17 date, this may come as a blessing.  With the changes in the bill, for other stations who have already prepared for the changeover, this extension, as modified by Senator Hutchinson may not be the curse that they were worried about.  So we will see if everyone may be a winner through this extension - hopefully soon enough that it will be able to make a real difference. 

Could There Be a Delay in the February 17 DTV Transition Deadline?

Several press reports were issued today suggesting that there is at least some consideration in Congress of delaying the DTV transition now scheduled to be completed on February 17.  The consideration stems from the announcement that the NTIA (the National Telecommunications and Information Administration) had run out of money to issue the $40 coupons to consumers to subsidize the purchase of converters that allow analog television sets that receive over-the-air signals to process digital signals so that these sets can continue in operation after February 17.  While NTIA has not actually spent all the money Congress has allotted for the converter boxes, as almost half of the coupons that have been issued have not been redeemed, NTIA is required to withhold the money until the coupons have either been spent or expired (the coupons are good for only 90 days).  Thus, while some people may still be able to receive the coupons in the future after currently issued coupons expire without having been used, it may be too late for consumers to use those coupons to buy a converter box before the February deadline.  Fearing that some groups will be disenfranchised by the loss of television service, the Consumers Union sent a letter to Congress (here) asking that the transition be delayed until coupons can be made available to all who need them, and reports indicate that Congressman Markey's office (who heads the House Subcommittee that deals with broadcast issues) is considering that request.

Could a delay really occur?  While broadcasters have been diligently working to meet the deadline, a delay could allow implementation of some of the last minute technical fixes for areas that may lose service because of the transition (as we suggested here in our discussion of the recently approved analog nightlight, Digital low power translators, and distributed transmission service that were recently permitted).  Some may oppose the delay but, with the nightlight already delaying the availability of the open spectrum for 30 days, a brief delay really would not make all that much difference.  Those planning on using the vacated spectrum within the TV band for "white spaces" devices cannot do so yet because of additional regulatory issues that must be addressed (see our post here).  The principal parties who would be disadvantaged by the delay would be those who bought at an FCC auction the spectrum being cleared by the move of TV stations currently operating on channels 52 and above into lower channels in the DTV 'core".  Would Congress be willing to put the new services planned by these spectrum buyers on ice while the last-minute DTV issues get ironed out?  The next few days may provide an answer as we see if these rumors are just a case of last minute nerves, or if they represent a real attempt to provide time to smooth out the digital transition.