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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. Continue Reading More Evidence that a Digital Television Conversion Delay May Be On Its Way – But There is Opposition

What a difference a few days makes.  At the beginning of this week, it was full speed ahead for the February 17 termination of analog television.  Then NTIA announced that it was out of money to pay for DTV coupons to assist the public in buying converter boxes so that analog TV sets will continue to work after the transition.  This action, in turn, caused Consumers Union to ask Congress for a delay in the transition, resulting in Congressman Markey’s office suggesting that the DTV transition might need to be delayed (as we wrote yesterday).  Today, the other shoe dropped as the Obama transition team formally wrote to Congress asking for a delay of the termination of analog television.  That letter leaves everyone asking – will Congress respond?  If so, what are the ramifications?

The NAB responded with a press release talking about how broadcasters are still prepared to meet the deadline, and how the deadline has focused all parties (TV stations, electronics manufacturers, cable and satellite companies) on doing what they need to do in order to be ready for the transition.  But the Obama team’s call for the postponement does not seem to be focused on the readiness of program providers to accomplish the switch, but instead on the readiness of viewers to deal with the new digital environment, especially given the lack of coupons for last minute shoppers still waiting to buy their converter boxes.  As we’ve written before, many in Washington are worried about the political ramifications of the transition – especially if millions of people wake up on February 18 and can’t watch the Today Show or Good Morning America.  And while that is a legitimate concern, one wonders if it will ever be possible to prepare everyone for the transition deadline.  Sure, if the deadline is postpone 4 or 5 months, there will be a marginal increase in people who are ready, but there will still be stragglers.  Catching up to them all may never happen until they are hit with the reality of their analog sets not working on the day after the transition, whenever that day may be.  If so, shouldn’t someone at least consider the costs that a delay will impose on broadcasters? Continue Reading Obama Transition Team Requests Delay of 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…

2009 – a new year, and a whole new cycle of regulatory requirements.  We wrote last week about the potential for changes in regulations that may be forthcoming but, like death and taxes, there are certain regulatory dates each year that broadcasters need to note and certain deadlines that must be met.  Those dates…

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. Continue Reading 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

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).

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

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.

Continue Reading FCC Proposes Rules for Analog Nightlight – For Those Left Behind After the Digital Television Transition

In several decisions released on Friday (here, here and here), the FCC fined Class A TV stations for not meeting their obligations under the Children’s Television Rules to notify their viewers about the location of their public file containing information about the educational and informational programming they broadcast directed to children…

Today FCC Chairman Kevin J. Martin released a tentative agenda for the scheduled December 18, 2008 Open Commission Meeting.  The tentative agenda, available here, contains a number of items that the Chairman has circulated to the other Commissioners for consideration at the upcoming Open Meeting.  Whether these items actually make it to the agenda…