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

The Senate has reportedly once again approved the extension of the digital television transition date from February 17 to June 12 (see Press Release from Senator Kay Bailey Hutchison here).  This approval was necessary as the bill being considered by the House of Representatives is slightly different than the one passed by the Senate on Monday.  Now – it’s back to the House, which failed yesterday to pass that bill by a 2/3 vote (see our post here).  Under the expedited process that was being used, the failure to get a 2/3 vote meant that the legislation did not pass.  The legislation now must got through the normal consideration process in the House, being first approved by committee, then voted on by the full House – with only a majority needed to approve the measure.  The House is going to be out of session tomorrow through Monday, so the committee that now needs to consider the bill could review it next Tuesday, and then it could be voted on by the full House on Wednesday. So if all goes as planned, there could be an extension approved next week.  If the House process somehow gets held up, the President and the FCC cannot act on any extension without action by Congress, as the February 17 date is written into law and can only be changed by a new law.  Given that the transition is only 3 weeks away, and the extension of the transition is still not a certainty, what is a television station to do?

Initially, stations should proceed as if the February 17th deadline will stick as, for now, it is the law. So keep running all the required crawls, snipes and tickers promoting the upcoming termination of analog television.  If an extension is passed, these announcements will only have caused more people to get ready for a transition that will occur sooner or later. But the extension will also allow stations to opt to transition before the new June deadline, and cease their analog operations early.  How do these stations proceed?


Continue Reading Senate Approves DTV Extension Bill Again and it’s Back to the House of Representatives – What’s a Station to Do?

Earlier this week, we wrote about the apparent compromise in the Senate between Republicans and Democrats that would seemingly allow the Digital Television conversion deadline to be delayed from the current date of February 17 that stations have been warning consumers about for years, pushing that date back until June 12.  That compromise legislation passed the