New DTV rules

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published

In the wake of Congress' decision to postpone the mandatory DTV transition until June 12, the FCC in March issued a third report and order on reconsideration (third R&O) adopting new rules to govern the extended DTV transition.

While some of the rule changes were necessary simply to assure that the commission's rules reflect the new national transition date, others appear to arise from the commission's continuing concern about the public's readiness for the transition and its desire to discourage early transition.

Transition rule changes

Among the changes imposed by the third R&O were the following:

  • Stations that have not yet terminated analog operation were required to file a legally binding notice no later than March 17 advising the commission of the specific date and time that the station intends to cease analog operations. A viewer contact number and choice of whether to participate in the analog “nightlight” program also were required.
  • No station would be permitted to shut down analog operation prior to April 16, except noncommercial stations certifying financial hardship.
  • Stations that have not already terminated analog service were required to file an updated Form 387 (DTV Transition Status Report) by April 16.
  • The analog “nightlight” program has been extended to July 12 (i.e., 30 days after the national transition date), and any station that chose to participate must do so for at least two weeks.

Consumer education rule changes

Some of the new education measures adopted by the commission include:

  • Stations that made the transition early, unless they are participating in phased transition, were allowed to discontinue consumer education announcements.
  • Option 1 stations are required to continue broadcasting educational announcements at the same level that they were immediately prior to the formerly scheduled transition date.
  • Option 2 stations will need to air a 60-day rather than 100-day countdown to the date that the particular station will make the transition.
  • All stations must add to their current consumer education announcements information concerning: antennas and, if applicable, possible VHF/UHF change issues; the need periodically to use the rescan function on receivers or converter boxes; and the location and operating hours of walk-in DTV help centers in the market area, the FCC Call Center telephone number and TTY number, and the number the station has designated for receiving consumer calls. The new material must run at least once a day, must air in primetime at least three times a week, and must be at least 15 seconds long.
  • Stations that will lose at least 2 percent of their analog Grade B population, whether or not offset by population gains elsewhere, must air service loss PSAs to describe the general area that will lose service, with these PSAs in addition to other efforts.
  • Major network affiliates proposing early termination were required either to certify that 90 percent of their service area population would continue to receive analog service until June 12 or engage in substantial additional on-air and market outreach activities. These requirements appear to have succeeded in their goal of discouraging early transition, as only 31 top-four network affiliates will switch early.

Anne Goodwin Crump is senior counsel at Fletcher, Heald & Hildreth.

Send questions and comments to:harry.martin@penton.com

Dateline

  • June 1 is the deadline for TV stations in Michigan and Ohio to file their biennial ownership reports.
  • June 1 is the deadline for TV stations and Class A stations in the following states and territories to place their 2009 EEO public file reports in their public files and post them on their Web sites: Arizona, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, Washington, D.C., West Virginia and Wyoming. LPTV stations originating programming in these states, which are not required to have public files, must post these reports on their Web sites and keep them in their station records.
  • Also on June 1, TV stations (except Class A stations) in Michigan and Ohio, with five or more full-time employees, must electronically file an EEO midterm report using FCC Form 397.
Anne Goodwin Crump