FCC Releases Rules For Implementing DTV Date Switch
Stations need to let the FCC know by Feb. 9 and have to air at least 120 
PSA's before the switch
By John Eggerton -- Broadcasting & Cable, 2/5/2009 12:08:13 PM MT

http://www.broadcastingcable.com/article/173682-FCC_Releases_Rules_For_Impementing_DTV_Date_Switch.php

Stations that still want to pull the plug on analog by Feb. 17 have to 
let the FCC know ASAP, though the FCC reserves the right to deny the 
request depending on the degree to which it would affect viewers.

The FCC has released its rules implementing the extension of the DTV 
date, and they will require any station that still wants to end analog 
transmissions by Feb. 17 to let the FCC know by Feb. 9 and to air at 
least 120 PSA's informing viewers of that fact between now and Feb. 17, 
according to an FCC spokesperson.

But the FCC did not say all those requests would be granted.

Since the president has not yet signed the bill, according to a White 
House spokesperson, the new implementation rules are contingent on that 
signature.

Congress Wednesday passed a new law changing the DTV transition date 
from Feb. 17 to June 12, but directing the FCC to accommodate those 
wanting to go earlier, including on the Feb. 17 date they have been 
advertising for a couple of years.

But while Acting Chairman Michael Copps said in his first meeting 
Thursday that the FCC would be flexible in terms of stations that want 
to still pull the plug on Feb. 17, he said the FCC would have the option 
of not agreeing to do so if it were not in the public interest, 
including not giving viewers sufficient chance to prepare.

For example, he said, if all the major stations in a market were going 
on Feb. 17, that would bear scrutiny, he said.

"Consistent with our public interest responsibilities and Congress' 
delay of the transition to June 12 to give consumers additional time to 
prepare, the Commission reserves the right to limit or reconsider this 
partial waiver in the event that it determines that analog termination 
on February 17 by a station or group of stations is contrary to the 
public interest.  In such event, the Commission will promptly notify the 
affected station or stations," the new implementing rules say. " The 
Commission may consider such action if, for example, we find that all or 
most of the stations in a market will terminate their analog service on 
February 17, and that the market is one in which many viewers are 
unprepared for the transition or at risk if the transition proceeds.  In 
such case, we may require affected stations to submit additional 
information to explain and justify how their early termination advances 
the public interest.  Such additional information can include 
significant economic, technical, contractual and other business reasons 
that support termination on February 17.  The Commission will scrutinize 
such information closely in light of the important interests at stake to 
determine whether a compelling case has been made."

Copps also announced that a number of station groups had pledged to keep 
all or most of their stations on the air in analog until June 12.

Groups committed to June 12, he said, included those of CBS, Fox, NBC, 
Telemundo and ABC. Gannett and Hearst-Argyle had pledged to keep the 
vast majority of their stations on until June 12.

The FCC is encouraging stations that do pull the plug early to continue 
to broadcast emergency and DTV consumer education information on their 
analog channel, where feasible.
The commission also told stations that if they terminate analog before 
June 12, they must continue to broadcast on their temporary DTV channel 
rather than their final channel. If they want instead to move to their 
final channel allotment, they must file a request for special temporary 
authority.

Copps encouraged broadcasters not to continue to use a countdown 
clock--an FCC requirement--unless they were planning on switching Feb. 
17, saying others should not start their clocks until 100 days before 
the date the planned to transition.

Commissioner Jonathan Adelstein said Thursday that the FCC wanted to 
avoid a "Wild West" sencario of stations moving on different dates and 
encouraged broadcasters to take a careful, considered approach on an 
individual market basis. He praised the networks for not going early. He 
said he much appreciated any station who stuck in out until June 12, but 
understood that would not be possible for some stations, and that the 
FCC would work to accommodate them.

Copps conceded the transition will not be seamless.

Commissioner Robert McDowell went further, saying that it will be 
"messy, regardless of when it happens." He pointed to broadcasters' 
burden of continuing to operate in analog and digital, including 
additional electricity costs at the same time that ad revenues are 
plummeting due to the recession. He said some could be forced to choose 
between staff layoffs and continued analog operations, and said the FCC 
must balance that with consumer needs for continued access to vital 
emergency information they may only be able to receive via TV.

McDowell also said that the FCC's call center has made progress, 
including coordinating with a broader call center effort spearheaded by 
the National Cable & Telecommuniations Association and others. He had 
complained to then FCC Chairman Kevin Martin that the FCC's center had 
long wait times, dropped calls and was not open on weekends.

Stations who want to make the switch after Feb. 17 but before June 12 
will not be able to do so between Feb. 18 and March 14, according to the 
FCC.

The commission did not waive its 90-day notification rule for anyone not 
going Feb. 17 because, they said, "Unlike the legitimate station 
expectations that support the partial waiver for analog terminations on 
February 17, stations cannot have reasonably relied on plans to 
terminate analog service after February 17 because such operation would 
have been contrary to existing law."