[opendtv] FCC transition rules excerpted summary

  • From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
  • To: <opendtv@xxxxxxxxxxxxx>
  • Date: Wed, 2 Jan 2008 17:59:08 -0500

The short answer to a previous question I had is that broadcasters are
given from November 18, 2008 to February 18 2009, to switch over to
their new all-digital service. No flash cuts needed here. The station
can go as far as switching off analog in that period. It must notify the
FCC and its viewers, but the station needs no prior approval.

(I didn't know that even before these new rules, broadcasters were
allowed to switch off analog service for up to 30 days, to built the DTT
facility. FCC needed notification, but no prior approval was necessary.)

In Appendix B, seems like any UHF DTV station can now request an
increase in ERP up to 1 MW, without having to show that it meets a long
list of caveats.

So, it looks like we could see analog OTA TV going off this coming
November, on a station by station basis. Kind of gets the adrenaline
flowing.

Bert

----------------------------------------
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-228A1.pdf

o We establish February 17, 2009 as the construction deadline for
stations building digital facilities based on a new channel allotment in
the post-transition DTV Table of Allotments ("DTV Table") and
accompanying Appendix B ("DTV Table Appendix B"), i.e., stations that
will be returning to their analog channel or moving to a new digital
channel for post-transition operations. These stations will not be
required to construct a digital facility on their pre-transition DTV
channel and will be permitted to forego further construction to the
extent such a facility has been partially built.

o We establish May 18, 2008 as the construction deadline for stations
that will use their pre-transition DTV channel for post-transition
operations and already have a construction permit that matches their
post-transition (DTV Table Appendix B) facilities.

o We establish August 18, 2008 as the construction deadline for stations
that will use their pre-transition DTV channel for post-transition
operations, but which do not have a construction permit that matches
their post-transition (DTV Table Appendix B) facilities.

(We note that the statutory transition deadline applies only to
full-power stations. The transition timing for low power, translator and
Class A stations will be addressed in a separate proceeding.)

o We establish February 17, 2009 as the construction deadline for
stations demonstrating that a unique technical challenge, such as the
need to reposition a sidemounted antenna, prevents them from completing
construction of their final DTV facilities.

o We establish stricter standards for granting extensions of time to
construct digital facilities for all construction deadlines on or before
February 17, 2009. In addition, for construction deadlines occurring
February 18, 2009 or later, we will consider such requests under the
tolling standard set forth in Section 73.3598(b) of the rules. We adopt
our revised FCC Form 337, as proposed.

o We adopt FCC Form 387 and require all full-power television stations
to file it by February 18, 2008, detailing their current transition
status, additional steps necessary for digital-only operation upon
expiration of the February 17, 2009 transition deadline, and a timeline
for making those steps. Stations must update the form as events warrant
and by October 20, 2008 if they have not completed construction.

o We will permit stations that are moving to a different DTV channel for
post-transition operations to temporarily remain on their pre-transition
DTV channel while they complete construction of their final digital
facilities, provided: (1) They build facilities that serve at least the
same population that receives their current analog TV and DTV service so
that over-the-air viewers will not lose TV service; and (2) They do not
cause impermissible interference to other stations or prevent other
stations from making their transition.

o We will permit stations to operate their post-transition facilities,
pursuant to special temporary authority ("STA"), at less than their
full, authorized facilities, provided: (1) They demonstrate a unique
technical challenge (as defined in Section V.B.5., infra) and they can
serve at least 85 percent of the same population that receives their
current analog TV and DTV service; or (2) A significant technical
impediment to the construction of their full, authorized facilities that
would not otherwise qualify for an extension of time to construct
facilities under the new, stricter standard adopted herein and they
serve at least 100 percent of the same population that receives their
current analog TV and DTV service so that over-the-air viewers will not
lose TV service. In addition, stations must demonstrate that they do not
cause impermissible interference to other stations or prevent other
stations from making their transition. Finally, stations that cannot
serve at least 100 percent of the same population that receives their
current analog TV and DTV service must comply with a viewer notification
requirement.

o We clarify that, under existing rules, a station may temporarily
reduce or cease service on their pre-transition analog or digital
channel for a period of 30 days or less, upon notification to the
Commission and without prior approval, when necessary to complete
construction of the post-transition digital facility.

o We will provide stations with the flexibility to permanently reduce or
terminate their analog or pre-transition digital service before the
transition date, provided the station satisfies the following two
requirements: (1) The station demonstrates that its service reduction or
termination is directly related to the construction and operation of
its, or another station's, post-transition facilities; and (2) The
station notifies viewers on its pre-transition channel(s) about the
planned service reduction or termination and informs them about how they
can continue to receive the station.

o To provide additional flexibility within 90 days of the February 17,
2009 transition date (i.e., beginning on or after November 19, 2008), we
will allow stations to permanently reduce or terminate their analog or
pre-transition digital service without prior approval upon notification
to the Commission 30 days prior to the planned permanent service
reduction or termination. The station must still comply with a viewer
notification requirement.

o We will permit stations that are moving to a different DTV channel for
post-transition operations to cease operations on their pre-transition
digital channels and begin operating on their new channels before the
transition date, provided: (1) The early transitioning stations will not
cause impermissible interference to another station; and (2) The early
transitioning stations continue to serve their existing viewers for the
remainder of the transition and commence their full, authorized
post-transition operations upon expiration of the February 17, 2009
transition deadline.

o We will offer expedited processing of stations' applications to build
their posttransition facilities, provided that their application: (1)
does not seek to expand the station's facilities beyond its final DTV
Table Appendix B facilities; (2) specifies facilities that are no more
than five percent smaller than those specified in the posttransition DTV
Table Appendix B (with respect to predicted population); and (3) is
filed within 45 days of the effective date of this Report and Order. We
adopt our revised FCC Forms 301 and 340, as proposed.

o We announce our intent to lift the freeze on the filing of
maximization applications on August 17, 2008, the date by which we
expect to have completed processing stations' applications to build
their post-transition facilities. Until this date, we will maintain our
freeze and will not accept maximization applications to expand
facilities.

o We adopt a waiver policy that will permit rapid approval of minor
(i.e., not exceeding 5 miles) expansion applications filed by stations
that will not use their pre-transition DTV channel for post-transition
operation. This policy will allow added flexibility for stations that
wish to use their existing analog channel antenna, which provides
benefits for the successful completion of the transition by reducing the
demands on equipment suppliers and installation crews during a critical
time as the transition date nears.

o We adopt a 0.5 percent new interference standard (i.e., only
considering interference in addition to that contained in the
post-transition DTV Table Appendix B) to apply to applications for
post-transition facilities and also to future maximization applications
and applications to implement new allotments.

o We update the Commission's rules to reflect the latest revisions to
the ATSC standards concerning DTV transmission and PSIP.

o We revise Section 73.624(g) to require DTV stations that are
permittees operating pursuant to an STA or any other FCC instrument
authorizing DTV transmissions to file FCC Form 317 and pay fees on any
revenue derived from feeable ancillary or supplementary services in the
same way required of DTV licensees.

o We clarify our station identification requirements for digital
stations in situations where one of a station's multicast streams is
being used to air programming provided by another broadcast station,
such as a low power station, or another programming source.

o We discuss MVPDs' obligations with respect to carriage of digital
stations after the transition.
 
 
----------------------------------------------------------------------
You can UNSUBSCRIBE from the OpenDTV list in two ways:

- Using the UNSUBSCRIBE command in your user configuration settings at 
FreeLists.org 

- By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word 
unsubscribe in the subject line.

Other related posts: