[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Rules and Regulations]
[Pages 39623-39624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15763]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 07-91; FCC 08-141]


Third Periodic Review of the Commission's Rules and Policies 
Affecting the Conversion to Digital Television

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission provides clarification in 
connection with two issues addressed in the Report and Order. The 
Commission will address other issues raised in Petitions for 
Reconsideration in a future order. The Commission adopted a Report and 
Order in the Third DTV Periodic Review of the progress of the DTV 
transition. MSTV and NAB filed a joint petition for reconsideration 
requesting clarification of two issues in connection with the Order.

DATES: Effective July 10, 2008.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: For additional information, please 
contact Kim Matthews, [email protected], 202-418-2120.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
in MB Docket No. 07-91, FCC 08-141, adopted May 29, 2008 and released 
May 29, 2008. The full text of this document is available for public 
inspection and copying during regular business hours in the FCC 
Reference Center, Federal Communications Commission, 445 12th Street, 
SW., CY-A257, Washington, DC 20554. These documents will also be 
available via ECFS (http://www.fcc.gov/cgb/ecfs/). (Documents will be 
available electronically in ASCII, Word 97, and/or Adobe Acrobat.) The 
complete text may be purchased from the Commission's copy contractor, 
445 12th Street, SW., Room CY-B402, Washington, DC 20554. To request 
this document in accessible formats (computer diskettes, large print, 
audio recording, and Braille), send an e-mail to [email protected] or call 
the Commission's Consumer and Governmental Affairs Bureau at (202) 418-
0530 (voice), (202) 418-0432 (TTY).

Summary of the Order

    1. In this Order, the Commission provides clarification in 
connection with two issues addressed in the Report and Order in the 
Third DTV Periodic Review proceeding. The Commission will address other 
issues raised in Petitions for Reconsideration in a future order. On 
December 22, 2007, the Commission adopted a Report and Order in the 
Third DTV Periodic Review, 73 FR 5634, January 30, 2008, of the 
progress of the DTV transition. MSTV and NAB filed a joint petition for 
reconsideration requesting clarification of two issues in connection 
with the Order. See Petition for Reconsideration and Clarification of 
the Association for Maximum Service Television, Inc. and the National 
Association of Broadcasters, filed February 29, 2008 (MSTV/NAB 
Petition).
    2. First, MSTV/NAB sought clarification that where more than one of 
the Commission's viewer notification obligations adopted in the Order 
is triggered, a station may comply with the Commission's requirements 
through use of a consolidated notification that includes all of the 
elements required in each of the viewer notification obligations. There 
was nothing in the Third DTV Periodic to indicate that separate 
notifications are required by a station that is obligated to inform its 
viewers of changes in its analog or digital service during the same 
time frame. Stations must notify viewers in the following 
circumstances: (1) When the station is seeking an extension of time to 
construct post-transition facilities and will not be serving on 
February 18, 2009 at least the same population that receives the 
station's current analog TV and DTV service (see Third DTV Periodic 
Report and Order, 23 FCC Rcd at 3033, ] 80); (2) when the station will 
not be serving on February 18, 2009 at least the same population that 
receives its current analog TV and DTV service and is seeking STA 
approval to use one of the provisions for a phased transition (see id. 
at 3037-38, ] 91); (3) when the station will permanently reduce or 
terminate analog service thirty days or less prior to the transition 
deadline (see id. at 3044, ] 106); (4) when the station is seeking 
approval for longer term (significantly more than 30 days) reduction or 
termination of analog service before the transition date (see id. at 
3050, ] 117); and (5) where a station on channels 52-58 seeks to flash 
cut and to terminate analog or digital service on its out-of-core 
channel (see id. at 3057-58, ] 132). In addition, stations seeking to 
permanently reduce or terminate analog service within 90 days of the 
transition date have a more streamlined viewer notification procedure 
(see id. at 3058, ] 134). No one filed an opposition to this MSTV/NAB 
request for clarification. We hereby clarify that we will permit use of 
such a consolidated notification in circumstances in which the 
Commission approves service adjustments that overlap in time. Indeed, 
we believe it could be confusing for viewers to hear multiple 
notifications that seem to conflict. Stations that prefer to have 
separate notifications for separate service adjustments may take that 
approach, as well, provided they offer clear information to viewers. We 
remind stations that Viewer Notification requirements are in addition 
to and not instead of the consumer education requirements that apply to 
all full power broadcasters. See In the Matter of DTV Consumer 
Education Initiative, Report and Order, 23 FCC Rcd 4134 (2008) (``DTV 
Consumer Education Order''), recon. order adopted April 23, 2008 (FCC 
08-119). See also Third DTV Periodic Report and Order, 23 FCC Rcd at 
3033, ] 80, 3037-38, ] 91, 3044, ] 106, 3057-58, ] 132, and 3058, ] 
134.
    3. Second, MSTV/NAB ask that the Commission acknowledge that real-
time updates to the Event Information Table (EIT) are permissive and 
not required under the new PSIP standard adopted in the Order. No party 
opposed this request for clarification. John Willkie,

[[Page 39624]]

doing business as EtherGuide Systems, filed a partial Opposition to the 
MSTV/NAB Petition. See Opposition to Petitions for Reconsideration 
filed by Harris Corporation (Harris), Association for Maximum Service 
Television (MSTV) and National Association of Broadcasters (NAB), and 
Cohen, Dippell and Everist, P.C. (CDE) and Clarification of the 
Association for Maximum Service Television, Inc. and the National 
Association of Broadcasters, filed March 10, 2008. Mr. Willkie disputed 
MSTV's and Harris Corporation's contention that PSIP automation 
equipment is not currently available and other issues raised in the 
Petitions for Reconsideration filed by MSTV/NAB, Harris and CDE. 
Willkie acknowledged that the Third DTV Periodic did not require 
automation systems to comply with the PSIP requirements but opined that 
use of automation systems would, as a practical matter, facilitate 
compliance. Id. at 1-3. He also advocated Commission waivers for 
stations that were unable to obtain automation equipment. Id. at 6. 
While we encourage stations to update the EIT as rapidly as possible 
when overages or other circumstances result in changes to scheduled 
programs, our rules and policies do not require that updates be 
accomplished in real-time. The rule adopted in the Third DTV Periodic 
incorporates by reference the ATSC PSIP Standard A/65C which does not 
require real-time updates. See Third DTV Periodic Report and Order, 23 
FCC Rcd at 3079, ] 185; 47 CFR 73.682(d). Because real-time updates are 
not required, there is no need to address the alternative request in 
MSTV/NAB's petition for reconsideration for an extension of the 
effective date for compliance with the rule. See MSTV/NAB Petition at 
2-3. See also Harris Corporation, Petition for Reconsideration, filed 
February 29, 2008 (requesting one year extension of time). The adoption 
of the revised PSIP standard will become effective 120 days following 
Federal Register publication of the Third DTV Periodic Report and 
Order, subject to OMB approval by that date. See Third DTV Periodic 
Report and Order, 23 FCC Rcd at 3088-3089, ] 210. The Third DTV 
Periodic Report and Order was published in the Federal Register on 
January 30, 2008. See 75 FR 5634, January 30, 2008. OMB approved the 
PSIP information collection on March 4, 2008 (OMB control number 3060-
1104). Thus, the new PSIP rule will become effective May 29, 2008. If 
and when the ATSC PSIP Standard A/65C mandates real-time updates to the 
EIT, we may revisit this issue.
    4. Accordingly, It is ordered that, pursuant to sections 1, 4(i), 
4(j), 7, 301, 303 and 405 of the Communications Act, 47 U.S.C. 151, 
154(i) and (j), 157, 301, 303, and 305, and Sec. Sec.  1.2 and 1.106 of 
the Commission's rules, 47 CFR 1.2 and 1.106, this Order on 
Clarification is adopted.
    5. The Commission will not send a copy of this Report & Order 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), 
because the Report and Order is simply clarifying rules that were 
previously adopted in the Third Periodic Review of the Commission's 
rules and Policies Affection the Conversion to Digital Television, FCC 
07-228.

List of Subjects in 47 CFR Part 73

    Television.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-15763 Filed 7-9-08; 8:45 am]
BILLING CODE 6712-01-P