The FCC late Friday released an Order and Notice of Proposed Rulemaking addressing a number of issues which arose as a result of the Congressional delay in the DTV transition deadline from February 17 until June 12.  In many cases, the actions taken in the Order are ministerial – e.g. changing the expiration dates on digital construction permits from February to June.  But there were also a number of substantive issues addressed by the order – including the public education requirements for the remainder of the transition and the potential for delaying any further terminations of analog service until at least April, and subjecting any planned termination of analog service before June 12 to additional scrutiny to determine if that termination would serve the public interest.   This is despite what many have termed a relatively uneventful termination of analog service on February 17 by over 400 stations nationwide.  Comments on this change in the transition procedures are to be filed on an expedited basis – within 5 days of the publication of this order in the Federal Register.

The delay of the early termination of service is likely to cause the most controversy, as Senate Republicans backed the transition delay only after specifically including in the legislation language that seemingly permitted such transitions under the rules that were in place at the time that the legislation was adopted (see our post here).  This would seemingly have permitted stations to terminate analog service within 90 days of the June 12 deadline, provided they had given their listeners at least 30 days notice of their plans.  A number of stations have started to provide that notice, planning a termination in March. But the Commission has tentatively concluded that it can amend the process for termination, and has set the date of March 17 for a notice to be filed at the FCC by all stations that want to terminate analog service before June 12.  As the Commission plans to continue to require 30 days public notice of the termination, and as they won’t allow any termination decision to become official until the March 17 filing, the earliest a station can terminate analog service under this proposal (absent a technical issue or other extreme circumstance) would be April 16. 


Continue Reading FCC Releases More Details of Delayed DTV Transition – No More DTV Conversions Until April?

The FCC today issued two fines to stations who violated the FCC’s rule against airing phone calls for which permission had not been received before the call was either taped for broadcast or aired live.  We’ve written about other fines for the violation of this rule, Section 73.1206, many times (see here, here, and here).  What was interesting about the new cases is that they made clear that a station needs to get permission to record or broadcast the phone call even before the person at the other end of the line says "hello."  

In one case, the station was broadcasting using a tape delay.  The station placed a call to a local restaurant and, when the person at the other end of the line said hello, the station DJ informed the restaurant employee that he was being broadcast and asked if that was OK.  The person responded "yep."  But he changed his mind later in the call.  The station claimed that, had the person not given permission, the tape delay would have allowed the call to be dumped but, as permission was given, the station continued to run with the conversation on the air. The FCC found that insufficient, as permission had not been received prior to the person saying hello.  The second case was much more straightforward – a wake up call by the station to a randomly selected phone number.  While the station immediately informed the person who answered the phone that the call was on the air – that did not happen until the recipient of the call had already said hello.  In the first case, the fine was $6000 – in the second, $3200.


Continue Reading More Fines for Stations That Broadcast Telephone Conversations Without Prior Permission – Permission After “Hello” Is Too Late

As we wrote on Friday, the Senate has passed the Bill that would extend from February 17 to June 12 the deadline for full-power television stations to transition to digital operations.  This leaves the House of Representatives to once again consider the matter – supposedly in committee on Tuesday and perhaps by vote of the full House as early as Wednesday.  In preparation for that consideration, there have been conflicting letters released by Congressmen supporting the bill and those who are oppose.  The opponents claim that the ability of TV stations to transition before the end date, an option that was important to Senate Republicans who unanamously supported the extension of the transition date, may not in reality exist.  The supporters of the bill point to the over 1.85 million people who are on the waiting list for the $40 coupons to be applied against the cost of DTV converters to allow analog televisions to receive digital signals after the transition.  What do these letters add to the debate?

The Republican Congressmen leading the charge against the delay of the transition suggest in their letter that the ability of TV stations to transition before an extended June 12 DTV deadline is largely illusory, as they imply that most stations cannot transition until the last day because of interference concerns.  They have asked the FCC to immediately provide information about how many stations would be precluded from a transition until June 12 if the date is extended.  From our experience, while there are some stations that need to delay their DTV transition until some other station has changed channels, we would be surprised if most stations are precluded from doing so.  Many stations are simply going to continue on the channels on which they are currently operating their DTV transitional facilities.  Thus, if they are already operating their DTV stations on their post-transition channel, by definition they are not suffering from any preclusive interference issues.  And the vast majority of the remaining stations are planning to operate after the transition on their current analog channel which itself, in most cases, is free from interference as the analog operation would have in most cases precluded other stations on interfering channels from operating in too close a proximity to the area served by the station.   We are aware of many stations ready to transition early even if the deadline is extended until June 12, and we would think that these stations had reviewed their situations before deciding to do so, and would have been aware of interference concerns in preparation for their February 17 changeover.  In some cases they may have coordinated an early change with any station that would have presented an interference issue.  Thus, we would be surprised if the FCC report prepared for these Congressmen finds a great number of stations that will be forced to wait until June 12 to do their digital conversion even if they are inclined to make the change early.


Continue Reading Will the House Pass the DTV Extension? – Dueling Congressional Letters Take Opposing Positions

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.


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