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FCC Expected to OK ‘Nightlight’ Notice; Some DTV Contours to Shrink

Commissioners seem likely to soon approve an FCC notice on a so-called digital TV nightlight plan for stations to broadcast emergency programming and educational material about the transition for 30 days after the nationwide switch- off of analog signals, several agency officials said. They expect a rulemaking notice drafted by the Media Bureau to circulate among members because President George W. Bush on Tuesday approved legislation allowing the plan (S-3663), as expected (CD Dec 12 p10).

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A separate report set to be released by the FCC after our deadline finds that the signal contours of 319 stations will shrink with the change to digital broadcasting, said an agency spokesman. The report, promised by Chairman Kevin Martin, will show which stations will have smaller digital coverage areas than reached by their analog signals, he added. A second report will show stations whose contours will expand, he said.

With 1,553 full-power broadcasters, or 89 percent of U.S. stations, more people will be able to see digital transmissions than could view analog signals, the FCC said. The 319 stations whose contours will decrease won’t be seen by 2 percent or more of viewers who could get the analog picture, the commission said. But only 11 percent, or 196 of the nation’s 1,749 full-power outlets, will have fewer potential viewers after the digital switch, it said.

Also Tuesday, the regulator was expected to release the text of a notice proposing to start a DTV translator service, another commission spokesman said. The notice was unanimously approved by commissioners Monday, another spokesman said. The notice wasn’t contentious among the members, and none put out concurrences, FCC officials said.

The nightlight law requires to FCC to act by Jan. 15. “We are working actively to do what we need to do to meet that deadline,” an FCC spokesman said. Last week, a draft of the notice went to all commissioners’ offices for comments, FCC officials said. They said the commission members couldn’t vote on the item then because Bush hadn’t signed the Short-term Analog Flash and Emergency Readiness Act. The commissioners seem ready to approve the item, the officials said.

The notice provides for a 10-day comment period, which is unusually short, and the document likely will be submitted for expedited publication in the Federal Register to begin the cycle once approved by the commissioners, the FCC officials said. The draft has a seven-day deadline for initial comments, leaving three for replies, they said. It tentatively finds that broadcasters can air a fixed image of information on DTV, called an analog slate, or air programming on the transition as long as ads don’t appear, they said. Emergency messages also would be allowed, they said.

The notice will list all stations that can serve as nightlight outlets in each market, commission officials said. In some markets, multiple broadcasters can transmit informational messages after the digital transition, but in others no spectrum is available under the proposal, they said. The document asks whether other stations can run analog programming after Feb. 17, they said. It asks all broadcasters to help those running nightlight stations in their markets, the officials said. The aid could be technical help, or money to help pay to run transmitters, they said.

“We've supported the concept and putting out the rulemaking is an important first step to making this tool available for stations,” said David Donovan, the president of the Association for Maximum Service Television. “We think it is a good way to help educate consumers.” The number of candidates for nightlight status is “really going to depend on the market, and it may even depend on the location of stations in the market,” he added. NAB spokesmen didn’t reply to messages seeking comment on the nightlight notice.

A DTV notice that hasn’t received recent FCC action concerns a so-called quiet period when broadcasters can’t pull signals from cable and satellite-TV operators. Midday Tuesday, Martin still hadn’t voted on the notice, approved by the other FCC members in September, commission officials said. An FCC spokesman declined to comment on the notice and pointed to Martin’s previous remarks on it. The chairman has said he’s not sure the FCC has authority to take action.