[opendtv] Re: Transition seems even more of a mess
- From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
- To: <opendtv@xxxxxxxxxxxxx>
- Date: Sun, 8 Feb 2009 19:05:39 -0500
Bob Miller wrote:
> The FCC seems to be pushing stations to wait till June. All
> request to transition on February 17th have to be redone.
It appears that as of last Thursday (5th of Feb), the FCC requires
requests for transitioning on 2/17 to be in by tomorrow.
The rules *seem* to say that stations can still transition on that date,
without a lot of FCC resistance, unless too many stations in a market
make that same decision.
My reading of the two FCC documents quoted below is that the rules
appear to give broadcasters more latitude than what Acting Chairman
Copps implies in his personal comment. Essentially, early transition is
automatically granted, upon request, UNLESS after the fact, the FCC
changes its mind. And that would be market by market.
----------------------------------
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-6A1.pdf
[ ... ]
If the DTV Delay Act is enacted into law, then stations that wish to
terminate analog service on February 17, 2009 will be subject to the
Third DTV Periodic Report and Order's requirement for prior FCC approval
and the 60-day viewer notification requirement, as the Act's language
allows termination prior to the new June 12, 2009 transition date in
accordance with the Third DTV Periodic Report and Order's procedures,
and the new transition date will be more than 90 days away. We conclude,
however, that partial waiver of these requirements is justified for
stations already planning to terminate analog service on February 17,
2009. As stated above, the Commission did not anticipate delay of the
statutory deadline at the time that it adopted these requirements, and
compliance with them by February 17 now would be impossible, both
because February 17 is less than two weeks away and because, as a
practical matter, the Commission could not process stations' individual
showings within that time period. Furthermore, stations lacked notice 60
days in advance of February 17 that they would be required to notify the
Commission and/or viewers of plans to terminate analog service "early"
on February 17. We find that grant of a partial waiver for stations that
terminate analog service on February 17 (in anticipation that the DTV
Delay Act is enacted into law) is consistent with the DTV Delay Act's
direction that the Commission, "[n]otwithstanding any other provision of
law," take all actions necessary to implement its provisions, as well as
the Third DTV Periodic Report and Order's goal of providing flexibility
to stations in order to facilitate the digital transition. For the same
reasons, we conclude that partial waiver of the Third DTV Periodic
Report and Order requirement that stations seek STA approval for early
termination at least 90 days in advance is justified. Accordingly, in
anticipation that the DTV Delay Act is enacted into law, we waive in
part the Third DTV Periodic Report and Order requirements of prior
Commission approval, 60 days of viewer notification and 90-day advance
notification to the Commission for stations that want to terminate
analog service on February 17, 2009, subject to the conditions set forth
below. Stations are not required to submit pleadings or engineering in
support of a waiver request; rather, this Public Notice will operate as
a waiver. No express grant of the waiver is required.
Consistent with our public interest responsibilities and Congress' delay
of the transition to June 12 to give consumers additional time to
prepare, the Commission reserves the right to limit or reconsider this
partial waiver in the event that it 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. [ ... ]
------------------------------------
And then Acting Chairman Copps made this separate comment, also on
Thursday:
------------------------------------
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-288314A1.pdf
[ ... ]
Today we have released a Public Notice to provide a framework for
striking thisbalance. You will hear more about it on Panel Three this
afternoon, but generally it requires stations that wish to turn off
their analog signals on February 17 to notify the FCC by next
Monday-February 9-of their intent to do so. We reserve the right to deny
those requests if we find that it would not serve the public interest or
if it would frustrate Congress' goal of giving consumers adequate time
to prepare. For instance, if all or most stations in a market are
planning to terminate analog service on February 17, that will merit our
close scrutiny, and we may require the stations to file additional
information to demonstrate whether they really have a compelling case.
After February 17, we revert to the standards set forth in our rules for
the termination of analog signals.
I am happy to report that some broadcasters have already stepped up to
the plate and expressed their commitments to staying on the air until
June 12. These broadcasters are truly serving the public interest by
giving real-world meaning to what Congress did yesterday. I agree
wholeheartedly with what Senator Rockefeller said yesterday: "put
consumers first." Thus far, the following broadcasters have committed to
continuing to transmit in analog and digital on their owned-and-operated
stations through June 12: CBS, Fox, NBC and Telemundo and ABC. In
addition, Gannett and Hearst-Argyle have said that the "vast majority"
of their stations will maintain an analog signal until June 12. [ ... ]
-------------------------------------
Bert
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