Broadcasters Get Some But Not all DTV Leeway They Sought
Broadcasters got some of the leeway they sought to install digital TV equipment and make other technical changes before the transition, under an FCC order released Monday (CD Jan 2 p12) that was eagerly awaited by the industry. The third periodic DTV review order said it gave TV stations the flexibility they need to make the transition. It lets them broadcast in digital on analog channel slots until Feb. 18, 2010 in certain situations, and said the agency will consider granting waivers to broadcasters who can’t finish building their digital facilities by Feb. 17, 2009. But industry didn’t get some things it sought (CD Aug 17 p3), including the ability to get waivers based on equipment shortages for gear not already ordered and a one-year period after the analog cutoff to ramp up service. Commissioners now will turn their attention to a DTV consumer education order.
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The surge of industry lobbying paid off in part, with changes made to the order in recent days giving the industry more flexibility, said regulatory sources. One reason the order wasn’t released until New Year’s Eve even though it was adopted on circulation more than a week earlier was that commissioners were making changes until almost the last minute, said an FCC official. NAB praised the order. “The FCC went a long way towards accommodating many of the serious concerns facing local broadcasters,” said a spokesman.
The order might have been readied a year ago if it were a higher priority on the FCC’s eighth floor, said an agency source. The second periodic review came out in 2004. Commissioners Jonathan Adelstein and Michael Copps, in statements released with the order, lambasted the FCC for not acting much earlier. Martin noted the complexity of the transition. “As all major changes tend to be, the coming transition to digital television is an exciting -- but complicated -- revolution,” said FCC Chairman Kevin Martin. “Facilitating a smooth transition, however, is not an easy task.”
Stations must serve “all or most of their existing viewers” by the transition, instead of just their communities of license as sought by the NAB and Association for Maximum Service TV, said the order. “We reject MSTV/NAB’s argument that this service requirement is too restrictive.” Equipment shortages aren’t a valid excuse for seeking an extension, despite industry’s request, said the commission. “We find that at this relatively late stage in the transition it is no longer appropriate to signal to stations that they can obtain more time to construct their final DTV stations by citing general difficulties related to obtaining equipment,” it said. “Only stations that can demonstrate that they placed their equipment orders and requested tower crews well in advance will be considered eligible for an extension on these grounds.”
The commission also rejected industry’s requests for more time to operate with less than full authorized post- transition facilities after the cutoff. Nonprofit and commercial TV stations had sought more flexibility, the FCC noted. “We cannot give stations blanket authority for more construction time beyond the transition date without risking the availability” of service to viewers, it said. “We do agree with commenters, however, that our rules must be flexible to enable stations with unique technical challenges to make a smooth transition.” Those seeking to move antennas to the top of towers can do so after the analog shut down as long as they're serving their entire “replication area.”
Stations must file Form 387s with the FCC by Feb. 18 notifying it of their current digital status and what they plan to do to move to all-digital operation. The form must be periodically updated. However, broadcasters won’t have to include information on the document showing what they're doing to coordinate transition efforts with multichannel video programming distributors including cable and satellite TV companies, as NCTA sought and NAB and MSTV had opposed. “Reports filed with the commission, however, are no substitute for direct communication between broadcasters and MVPDs, and we strongly encourage active coordination between them,” said the FCC. Likewise, broadcasters must work together so that one moving to a post-transition channel occupied by another until Feb. 17, 2009, can test its DTV signal, said the regulator. “We expect that broadcasters will make all possible accommodations to ensure that all stations will be able to provide digital service.”
With the order’s New Year’s Eve release, commissioners now can turn their attention to a consumer education rulemaking that’s been on the FCC’s top floor for more than two months. Not all commissioners have weighed in on a proposal from Adelstein that the FCC start an internal task force to ensure the agency is adequately overseeing the transition, said two agency sources. They said that may be one thing holding up the order’s release after several commissioners have voted for it on circulation.