‘Analog Slate’ Draws Support Amid Uncertainty if FCC Can OK It
Support is growing for a digital TV transition educational effort in which stations use analog signals run a fixed image telling viewers they need to take action. The method began in the first market to switch to DTV (CD Sept 5 p3). FCC Chairman Kevin Martin and Commissioner Jonathan Adelstein told us the idea may have merit, and several broadcast executives think stations would do it if authorized by the agency. But the executives and FCC members said it’s unclear if current law allows broadcast of so-called analog slates after Feb. 17. Commissioner Robert McDowell and others said new legislation may be needed. In some instances, slates would have to run in 700 MHz spectrum that the FCC has auctioned.
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Executives and legislators are aligning behind two bills that would let stations use analog slates for several weeks after all full-power broadcasters switch to digital. NAB’s TV board Wednesday backed S-3663, sponsored by Sen. Jay Rockefeller, D-W.Va., and H-7013, by Rep. Lois Capps, D-Cal. (CD Oct 16 p16). “Our understanding is that without a change in the law, we would indeed be barred from running post-Feb. 17 analog educational messages,” said an NAB spokesman. Time is tight this year for passing any bills. The Senate plans to reconvene for a brief post-election legislative period, but House leaders have not announced plans to come back.
“We need to consult with Congress as to whether they believe we have the authority that would support such an effort,” Adelstein said Wednesday. That’s “unclear” and it would be “difficult” to determine whether the FCC has such authority, he said. Martin said earlier that day that an analog slate is a good idea, adding that he’s unsure if the FCC can ask winners of 700 MHz spectrum to hold off using it for several weeks after Feb. 17.
McDowell said stations already have the tools they need to educate viewers without having to broadcast in analog after the cutoff. To increase awareness, stations should simulate brief analog cutoffs before Feb. 17, he said. “That statute is very clear, it’s a hard date,” he told reporters. Running a post-Feb. 17 analog slate “would require congressional action -- it would require a bill signed into law by the president,” he added. Commissioner Michael Copps said Sept. 12 that the FCC should find a way to let broadcasters send analog messages after the digital transition. Neither he nor Commissioner Deborah Tate were available to comment.
The FCC might be able to approve airing of information slates with special temporary authority waivers, said Association for Maximum Service Television President David Donovan. “My board generally believes [in] the ‘nightlight’ approach where a station or so stays on in a market and runs DTV educational-type and emergency programming. But like any plan, the devil is in the details.” Commercial stations in Wilmington, N.C., went all-digital Sept. 8 and were the first to broadcast analog slates market-wide.
Sinclair probably would be interested in analog slates, but hasn’t decided, said Harvey Arnold, director of corporate engineering. Officials at Belo, Gray TV, Hearst-Argyle, Ion and Tribune declined to comment or didn’t reply to messages to discuss analog slates. “It certainly would help. I don’t see any downside, except I can see you're paying power and maybe a bit more maintenance” for analog transmitters, said Arnold. “This sounds like this would make more sense for the viewers, even if it’s a day or two or five.”