[opendtv] Re: Stations terminating early
- From: "John Willkie" <johnwillkie@xxxxxxxxxxxxx>
- To: <opendtv@xxxxxxxxxxxxx>
- Date: Wed, 11 Feb 2009 09:45:48 -0800
If the FCC tries to "reconsider the partial waiver of the Third Periodic
Review" they will find in short order that they are s-o-l. They don't have
the time, nor do they have the power to do that; that ship has sailed, and
they are the ones who sent the ship off.
Here's just a few points that will cause them problems with the implied
procedures and policies of the Administrative Procedure Act:
1. What does unprepared mean?
2. What does "many viewers" mean?
It would take the Commission at least 9 months to establish the basis for
the use of those terms. Oh, crap, they only have four months. They can't
even issue a notice and conclude a comment period in that period of time;
one has to book the space in the Federal Register at least 30 days in
advance, and a comment period is at least 30 days.
And, they won't get complaints until after Feb 17.
I'm beginning to miss the "good old days" of feckless Kevin Martin. At
least he knew when he was being a fool.
John Willkie
-----Mensaje original-----
De: opendtv-bounce@xxxxxxxxxxxxx [mailto:opendtv-bounce@xxxxxxxxxxxxx] En
nombre de Manfredi, Albert E
Enviado el: Wednesday, February 11, 2009 9:03 AM
Para: opendtv@xxxxxxxxxxxxx
Asunto: [opendtv] Stations terminating early
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-221A1.pdf
[ ... ]
Appendix A to this Public Notice contains a list of the 190 stations
that have terminated or will be terminating their analog operations
before February 17, 2009, and the 491 stations that notified the
Commission on February 9 of their intent to terminate their analog
operations on February 17, 2009. Appendix B contains a list of all
full-power television stations, grouped by Nielsen Designated Market
Area (DMA), and indicates in bold the 681 stations terminating analog
service on or before February 17, 2009.
We remind stations that intend to terminate analog operations on
February 17, 2009 that consistent with their public interest
responsibilities and Congress' delay of the transition to June 12 to
give consumers additional time to prepare, the Commission has reserved
the right to limit or reconsider the partial waiver of the Third
Periodic Review Report & Order's early termination procedures granted in
the February 5 Public Notice in the event that the Commission 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.8 The Commission may
consider such action if, for example, it finds 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, the
Commission 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, and efforts being made to protect consumers
from service disruptions. The Commission will scrutinize such
information closely in light of the important interests at stake to
determine whether a compelling case has been made.
[ ... ]
------------------------------
Appendix A:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-221A3.pdf
Looks like Mark Aitken is sticking to his word. Nice going. The DC
stations, all but one, are bowing under pressure.
Bert
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