[opendtv] FCC approves 368 of the 491 stations' requests

http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-7A1.pdf

[ ... ]

We have now reviewed the 491 termination notices filed by the stations
intending to end analog service on February 17, 2009.3 We find that 368
of these stations may proceed with their intended termination of analog
service on February 17th.

[ ... ]

Accordingly, we hereby reconsider the partial waiver granted by the
February 5th Public Notice to those stations listed on the Appendix
attached to this Public Notice. These stations are, therefore, not
permitted to terminate their analog service on February 17th, unless
they comply with the conditions and procedures described below. Any
station that was listed in Appendix A to the February 17, 2009
Termination List Public Notice, DA 09-221,9 and is not listed in the
Appendix to this PN, is expected to proceed with termination of its
analog service on that date, subject to the conditions previously
described in the February 5th Public Notice.

Stations listed in the Appendix to this Public Notice may obtain
reinstatement of the waiver necessary for them to terminate analog
service on February 17, 2009 by certifying to the Commission, not later
than the close of business (6:00 pm EST) on Friday, February 13th, that
they will individually undertake the measures specified herein as a
means of ameliorating the public interest harms that the termination of
their analog service would engender. We also encourage stations in the
markets listed in the Appendix to cooperate and undertake the actions on
a joint basis. Each station should certify in response to this Public
Notice its compliance with the following eight measures. These
certifications will reflect that the station is undertaking the action
individually or that they have confirmed that another station will do
so.

* Ensure that at least one station that is currently providing analog
service to an area within the DMA that will no longer receive analog
service after February 17, 2009 will continue broadcasting an analog
signal providing, at a minimum, DTV transition and emergency
information, as well as local news and public affairs programming
("enhanced nightlight" service11) for at least 60 days following
February 17, 2009. The local news, public affairs, or other programming
may include commercial advertising.

* Ensure that on-air educational information (prior to February 17 and
thereafter as part of "enhanced nightlight" service) will include
demonstrations of converter box installations, antenna setups, and other
helpful information.

* Ensure that enhanced nightlight service concerning the DTV transition
or emergency information will be provided in Spanish and English and
accessible to the disability community (e.g., silent scrolls or slates
do not provide information to the visually impaired, and therefore,
broadcast notices must have an aural component, as well as being closed
or open captioned).

* Ensure that the DTV educational information, both on-air and through
other means, will provide information describing areas that may be
losing over-the-air signal coverage temporarily or permanently as the
station transitions to digital-only broadcasting. Such information may
include detailed maps, listings of affected communities, and
instructions on how to assess what type of antenna may be necessary to
retain or regain the station's digital signal, as well as identifying
specific locations that will not be able to receive a digital signal
regardless of antenna.

* Each station individually or collectively in the market commits to
assisting viewers by providing local or toll-free telephone assistance,
including engineering support. Such assistance may be provided jointly
with other stations, organizations, and businesses in the area.

* Each station alone or together with other stations or local businesses
and organizations in the market will provide a location and staff for a
consumer "walk-in" center to assist consumers with applying for coupons
and obtaining converter boxes, to demonstrate how to install converter
boxes, to provide maps and lists of communities that may be affected by
coverage issues, and to serve as a redistribution point for consumers
who are willing to donate coupons, converter boxes, televisions and for
those in need of these items.

* Each station, individually, is complying with the obligation
established in the February 5th Public Notice to broadcast a crawl on
their analog channel regarding the station's termination of analog
service, for the seven day period from February 10 through the
termination of the station's analog signal on February 17. For the first
five days, the crawl must be aired for 5 minutes of every hour of the
station's analog broadcast day, including during primetime. For the
final two days, the crawl must be aired for 10 minutes of every hour of
the station's analog broadcast day, including during primetime. Each
station will include in the crawl the FCC toll-free number for our Call
Center (1-888-CALLFCC, 1-888-225-5322) beginning as soon as possible
following the release of this Public Notice.

* Each station will consider and is encouraged to coordinate with and
use community resources to provide consumer outreach and support,
including in-home assistance.

Stations listed in the Appendix that do not certify that they will
undertake the actions described above may make an alternative showing to
the Commission that extraordinary, exigent circumstances, such as the
unavoidable loss of their analog site or extreme economic hardship,
require that they terminate their analog service on February 17th. The
showing should not exceed five (5) pages, not including attachments. We
do not anticipate that many stations will be able to meet the high
burden applicable to this showing. Any station electing to make this
showing must await a determination by the Commission that its showing is
sufficient before terminating analog service. The Commission will
endeavor to resolve all of these cases prior to February 17th.

Stations certifying to the above conditions are permitted to cease
analog operations on February 17, 2009 without further authorization
from the Commission. Pursuant to this Public Notice, we restore the
waiver to be effective at the time the station certifies compliance with
the public interest conditions.

The FCC reserves the right to take appropriate action against stations
that certify they will meet the conditions, fail to do so and
nevertheless go off the air on February 17, 2009.

[ ... ]
--------------------------------------------

In other words, there is nothing that absolutely forbids sticking to the
17 Feb date for analog shutoff (aside from night light service).
However, the FCC is making it particularly painful for 123 stations
nationwide.

Look down the Appendix, and it seems all 123 are affiliated with one of
the four major networks.

Bert
 
 
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