[opendtv] Re: Barriers eroding to LCD TV adoption

  • From: "John Willkie" <johnwillkie@xxxxxxxxxx>
  • To: <opendtv@xxxxxxxxxxxxx>
  • Date: Tue, 13 Jul 2004 16:37:36 +0100

I'm wrong, John?  Are you SURE that the language reflects actual practice,
or CAN?  If you are, could you please list any TV station whose license
renewal was granted after Jan 1, 2000 that contains a proviso (as all
licenses do) that details the license expires on or before the normal seven
year term?

I suspect you can't find such a grant.  That is, because there has been no
hearing that (using the double negative language of the code) that the "85%"
conditions been met, and absent such a finding, the machine justs continues
to grant license renewals for analog TVs.  As a practical matter, any
station granted a short term renewal (for what would be matters beyond their
control) is likely to take the matter to court.  If the FCC does not grant
these as short term renewals, there is no ability to take the matter to
court.

How about your station?  Was the most recent license renewal a full seven
years, or some lesser period?  Did the license renewal form mention the
short-term renewal?


The code sets the rules, but the FCC implements them.  Congress has never
granted broadcast licenses, first having given that authority to the
Commerce Department in the 1919 acts, to the Federal Radio Commission in the
1927 acts, and to the Federal Communications Commission in the 1934 acts.

I talk to more than a few people that operate TV stations.  The 2007
deadline comes up all the time.  Not a single person has told me that they
have a short-term analog renewal.  I will ask about analog license
expirations in the future.

John Willkie

-----Original Message-----
From: opendtv-bounce@xxxxxxxxxxxxx
[mailto:opendtv-bounce@xxxxxxxxxxxxx]On Behalf Of John Shutt
Sent: Tuesday, July 13, 2004 9:05 PM
To: opendtv@xxxxxxxxxxxxx
Subject: [opendtv] Re: Barriers eroding to LCD TV adoption


John,

I'm sorry to say this, but in this case you are completely wrong.  The
language of the Balanced Budget Act of 1994,  Title 47 United States Code
section 309, paragraph 14(A) clearly states:

"A television broadcast license that authorizes analog television service
may not be renewed to authorize such service for a period that extends
beyond December 31, 2006."

Paragraph 14(B) then goes on to list all of the exceptions that must be met
to extend this cutoff date.

John Shutt

Reference document can be found at (may have to cut and paste URL):
<http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=
Cite:+47USC309>

----- Original Message -----
From: "John Willkie" <johnwillkie@xxxxxxxxxx>

> "Delay of NTSC shutoff beyond 2006?"
>
> You are deep in reality-distortion field territory here, Bert.  Could you
> provide me with codified language that specified a 2006 turn off date for
> Analog?  (No, you can't.)



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