More Evidence that a Digital Television Conversion Delay May Be On Its Way - But There is Opposition

A day after the Obama transition team wrote to Congress suggesting that the DTV transition now scheduled for February 17 be delayed, there are indications that a bandwagon effect is beginning to develop in favor of such a delay.  Broadcasting and Cable magazine's website reports that the four major TV networks have indicated that they support a delay in the transition if it will better serve their viewers, and that Senator Rockefeller has started drafting legislation to delay the transition.  The New York Times featured a guest editorial from two former FCC Chairmen - Republican Michael Powell and Democrat William Kennard - supporting the delay (and mentioning one of the same issues that we had mentioned the day before - the need for education of consumers about the need for different antennas to receive the digital signal).  But others are not so sure that a delay makes sense.

While the NY Times editorial may make it look like the delay request is a bipartisan effort, there are other indications that there is at least some evidence of partisan differences beginning to develop.  The NY Times today quotes Joe Barton, a senior Republican on the House Energy and Commerce Committee, as opposing a change.  Republican FCC Chairman Kevin Martin is quoted by the Associated Press as saying that the delay will confuse consumers, while Democratic Commissioner Jonathan Adelstein is quoted in the same article as being sympathetic to the postponement.  While the political groups are taking sides, many in industry seem reluctant to delay the transition date. 

Wireless companies, including some who have already paid at FCC auctions for the right to use spectrum to be freed up when TV stations are compacted into less spectrum after the transition deadline, are also anxious to begin the use of that spectrum.  But, as we wrote on Thursday, it is many TV broadcasters who are most concerned about the transition.  Harry Jessell, in his TV NewsDay column, echoed our concerns about the costs that broadcasters would have to bear to delay the transition that they've already made preparations for (yet he urged broadcasters to accept the transition if the new administration insisted on it, as there will no doubt be more important political battles ahead for which broadcasters need to save their political capital - perhaps explaining the NAB not taking a strong position on the issue, and the networks' quick agreement).

One question not addressed by any of the discussion is whether the delay in the transition would be mandatory or optional.  Honolulu is ready to make the transition this week, following Wilmington as the second all-digital market.  Will other markets be able to opt for early transition?  Or will stations on their own be able to make such changes, as some already have - going all-digital with even while other stations remain analog in their markets, with seemingly little or no objection.  These and other timing questions - revisiting the choreography of stations that need to sequentially make the transition to have it all work, both voluntary agreements or through FCC-mandated dates - will need to be resolved in order to make the transition work.  Lots to do, and only 36 days to do it.

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.