[Federal Register Volume 74, Number 50 (Tuesday, March 17, 2009)]
[Rules and Regulations]
[Pages 11299-11318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5820]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 09-17; FCC 09-19]


Implementation of the DTV Delay Act

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document completes the most essential remaining actions 
necessitated by the delay in the DTV transition deadline. In the DTV 
Delay Act, Congress extended the DTV transition deadline from February 
17, 2009, to June 12, 2009, in an effort to provide consumers 
additional time to prepare for the transition from analog to digital 
broadcasting. The Act directed the Commission to take any actions 
``necessary or appropriate to implement the provisions, and carry out 
the purposes'' of the Act, and to do so within 30 days. This document 
implements procedures and prescribes timing for stations to transition 
early, while providing viewers who are not prepared with a lifeline of 
analog service and both on-air and off-air educational information 
about the transition. The document also adjusts the consumer education 
requirements placed on broadcasters to eliminate any unnecessary burden 
after the transition while ensuring that on the most meaningful 
information is provided to viewers before they transition, and 
addresses other issues.

DATES: Effective March 13, 2009.

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

FOR FURTHER INFORMATION CONTACT: For more information, please contact 
Lyle Elder, [email protected], at 202-418-2120; or Evan Baranoff, 
[email protected], at 202-418-7142, of the Policy Division, Media 
Bureau; or Eloise Gore, [email protected], at 202-418-7200, of the 
Media Bureau. For additional information concerning the Paperwork 
Reduction Act information collection requirements contained in this 
document, contact Cathy Williams on (202) 418-2918, or via the Internet 
at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Report and Order, FCC 09-19, adopted and released on March 13, 2009. 
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 Report and Order

I. Introduction

    1. In this Report and Order, the third in response to the 
Congressional extension of the digital television (DTV)

[[Page 11300]]

transition deadline, we take the next actions necessary to implement 
the ``DTV Delay Act,'' which was enacted into law on February 11, 
2009.\1\ In the DTV Delay Act, Congress extended the DTV transition 
deadline from February 17, 2009, to June 12, 2009, in an effort to 
provide consumers additional time to prepare for the transition from 
analog to digital broadcasting.\2\ The Act directed the Commission to 
take any actions ``necessary or appropriate to implement the 
provisions, and carry out the purposes'' of the Act, and to do so 
within 30 days.\3\ The Commission has already taken steps to comply 
with the DTV Delay Act directive. We issued a series of public notices 
(PNs) establishing and implementing the early transition process for 
stations that transitioned on February 17, 2009.\4\ The first Report 
and Order in the DTV Delay Act docket extended the analog license terms 
and adjusted the construction permits for the full power television 
stations subject to the DTV Delay Act.\5\ The Second Report and Order, 
74 FR 8868 (February 27, 2009) (``Omnibus Order''), and Notice of 
Proposed Rulemaking, 74 FR 8889 (February 27, 2009) (``NPRM'') \6\ 
addressed the remaining time-sensitive actions necessitated by the 
delay in the transition deadline.\7\ The companion NPRM sought comment 
on the procedures for early analog termination and issues relating to 
DTV transition consumer education, and we address those issues in the 
instant Order.
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    \1\ DTV Delay Act, Public Law 111-4, 123 Stat. 112 (2009) (``DTV 
Delay Act'').
    \2\ See, e.g., 155 Cong. Rec. E240-02.
    \3\ DTV Delay Act sec. 4(c). In addition, the DTV Delay Act 
amends the Digital Television and Public Safety Act of 2005 (``DTV 
Act''), Public Law 109-171, 120 Stat. 4 (2006), to direct the 
Commission to ``take such actions as are necessary (1) to terminate 
all licenses for full-power television stations in the analog 
television service, and to require the cessation of broadcasting by 
full-power stations in the analog television service, by June 13, 
2009; and (2) to require by June 13, 2009, * * * all broadcasting by 
full-power stations in the digital television service, occur only on 
channels between channels 2 and 36, inclusive, or 38 and 51, 
inclusive (between frequencies 54 and 698 megahertz, inclusive).'' 
47 U.S.C. 309 Note. The statutory deadline for Commission action is 
March 13, 2009.
    \4\ FCC Announces Procedures Regarding Termination of Analog 
Television Service On or After February 17, 2009, Public Notice, FCC 
09-6 ( Feb. 5, 2009) (``February 5th PN''); FCC Releases Lists of 
Stations Whose Analog Operations Terminate Before February 17, 2009 
or that Intend to Terminate Analog Operations on February 17, 2009, 
Public Notice, DA 09-221 (MB Feb. 10, 2009) (``February 10th PN''); 
FCC Requires Public Interest Conditions for Certain Analog TV 
Terminations on February 17, 2009, Public Notice, FCC 09-7 (Feb. 11, 
2009) (``February 11th PN''); FCC Releases Lists of TV Stations' 
Responses to Requirements for Analog Termination on February 17, 
2009, Public Notice, DA 09-245 (MB Feb. 13, 2009) (``February 13th 
PN'').
    \5\ Implementation of the DTV Delay Act, MB Docket No. 09-17, 
Report and Order and Sua Sponte Order on Reconsideration, FCC 09-9 
(rel. Feb. 13, 2009), 74 FR 7654 (February 19, 2009) (``First DTV 
Delay Order'').
    \6\ Implementation of the DTV Delay Act, MB Docket No. 09-17, 
Second Report and Order and Notice of Proposed Rulemaking, FCC 09-
11, para 19 (rel. Feb. 20, 2009) (``Omnibus Order'' or ``NPRM'').
    \7\ One of those actions was the adoption of rules for the 
Option Two 100-Day Countdown, which was subsequently temporarily 
waived. Temporary Waiver of 100-Day Countdown Requirement, Public 
Notice, FCC 09-15 (Mar. 3, 2009). As discussed in Section III.C.6, 
infra, we implement revised final rules for the countdown in this 
Order.
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    2. The actions taken thus far, and again in this Order, balance 
consumers' need for time and information with broadcasters' need for 
flexibility. This balance is implicit in the DTV Delay Act, which 
extended the deadline for the transition expressly to provide the 
American public with more time to prepare for the transition to digital 
television, while allowing broadcasters to complete their transitions 
prior to June 12, 2009, subject to such rules as the Commission finds 
necessary or appropriate. This Order implements procedures and 
prescribes timing for stations to transition early while providing 
viewers who are not prepared with a lifeline of analog service and both 
on-air and off-air educational information about the transition. The 
Order also adjusts the consumer education requirements placed on 
broadcasters to eliminate any unnecessary burden after the transition 
while ensuring that the most meaningful information is provided to 
viewers before the stations complete their transition, and addresses 
other issues.

II. Executive Summary

    3. This Report and Order takes the following actions to implement 
the DTV Delay Act:

Analog Service Terminations

     In the Omnibus Order, we revised our analog service 
termination and reduction procedures to require stations that have not 
terminated analog service to file a binding notice of their proposed 
analog service termination date by March 17, 2009.
     Stations that notify us by March 17, 2009 may proceed with 
their planned terminations without specific individual approval, with 
limited exceptions.
     We adopt the Analog Service Termination Notification form, 
which must be filed by every station that has not yet terminated analog 
service.
     Stations generally may not terminate analog service before 
April 16, 2009.
     Noncommercial educational stations may terminate before 
April 16, but not before March 27, if they certify in their analog 
termination form that they need to terminate before April 16 due to 
significant financial hardship.
     We require all stations that terminate before June 12, 
2009, to air viewer notifications for the 30 days prior to their 
transition. These viewer notifications are based on those required in 
the Third DTV Periodic Report and Order, but also require information 
about service loss from stations predicted to lose more than 2 percent 
of their analog viewers.
     Major network affiliates may terminate analog service 
prior to June 12, 2009, provided at least 90 percent of their analog 
viewers will receive continuing full analog service from another major 
network affiliate through June 12, 2009.
     If a major network affiliate elects to terminate prior to 
June 12 and more than 10 percent of its viewers will not continue to 
have full analog service from another major network affiliate, the 
station must undertake specified public interest measures, and so 
certify on the Analog Service Termination Notification form: (1) At 
least 90 percent of the population in its Grade B analog contour must 
receive some analog service from a major network affiliate through June 
12 (either ``enhanced nightlight'' or some combination of enhanced 
nightlight and full analog service from a major network affiliate); and 
(2) it will comply with the other public interest conditions set forth 
herein, including walk-in help centers, consumer referral telephone 
numbers, and DTV education and outreach.
     We permit all stations to terminate analog service at any 
time of day on their final day of analog service and require that they 
notify the Commission on the Analog Service Termination Notification 
form of the approximate time they will terminate.

DTV Consumer Education Initiative

     We amend the DTV Consumer Education Initiative 
requirements to ensure that consumers will receive the information they 
need to make proper preparations for the digital transition of the 
stations on which they rely for television service:
    [cir] Beginning April 1, 2009, if the FCC's Signal Loss Report 
predicts that 2 percent or more of the population in a station's Grade 
B analog service contour will not receive the station's digital signal, 
the station must air service loss notices. These notices are in 
addition to the existing consumer education requirements.

[[Page 11301]]

    [cir] Beginning April 1, 2009, all stations must include 
information about the use of antennas as part of their consumer 
education campaign, including information concerning a station's change 
from the VHF to UHF bands.
    [cir] Beginning April 1, 2009, all stations must include 
information in their consumer education campaigns to inform and remind 
viewers about the importance of periodically using the rescan function 
of their digital televisions and digital converter boxes.
    [cir] Beginning April 1, 2009, as part of its DTV consumer 
education campaign, every station must air notices providing the 
location and operating hours of walk-in DTV help centers in the 
station's market area; the FCC Call Center telephone number and TTY 
number; and the station's telephone number for receiving consumer 
referrals and calls from local viewers.
     We eliminate the requirement for most stations to continue 
broadcasting DTV transition educational information after they have 
terminated analog service.
     A station that has filed a request for an extension of the 
deadline for construction of its full, authorized post-transition 
digital facility, including a request for phased transition, or is 
operating under such an extension, must continue its DTV consumer 
education campaign until it completes construction and commences 
operation of its full, authorized post-transition digital facility.
     We amend the 100-Day Countdown requirement and require 
broadcasters subject to the Option Two consumer education rules to air 
a 60-day countdown to the date of their individual termination of 
analog service.
     We require broadcasters subject to the Option Two and 
Three consumer education rules to air a new, up-to-date 30 minute 
informational video before they transition. This video must include 
locally specific information, including information about the 
transition dates of all stations in the market.
     We revise Form 388, the DTV Quarterly Activity Station 
Report, to reflect the changes we have made to the DTV Consumer 
Education Initiative broadcaster rules in this Report and Order.

Other Issues

     We extend until December 14, 2009, the deadline for 
accepting DTS ``waiver policy'' proposals to permit a station to use 
DTS if doing so will enable it to continue to serve its existing analog 
viewers who would otherwise lose service as a result of its transition 
to digital service.
     We reconsider in part, sua sponte, the extension for 
``phased transitions,'' as described in the Omnibus Order, and provide 
more time for stations facing ``unique technical challenges'' to 
complete construction.

III. Discussion

A. Analog Service Terminations

    4. As discussed in detail in the Omnibus Order, we revised our 
analog service termination and reduction procedures \8\ to require 
stations that have not terminated analog service \9\ to file a binding 
notice of their proposed analog service termination date by March 17, 
2009.\10\ In this Section, we discuss the implementation of the Analog 
Service Termination Notification form, which must be filed by every 
station that did not terminate analog service on or before February 17, 
2009. We conclude that stations filing to terminate analog service 
prior to June 12, 2009, may not specify a date earlier than April 16, 
2009, except in the case of a noncommercial educational station 
(``NCE'') facing significant financial hardship, and may not change the 
date they select to any other early (i.e., pre-June 12) termination 
date barring equipment failure, natural disaster, or another 
unforeseeable emergency. We also adopt requirements to assure that 
viewers are notified of early transitions and retain access to some 
analog service through June 12, 2009. Finally, we adopt our proposed 
post-transition analog service and consumer outreach requirements for 
the subset of early terminators that are major network affiliates in 
areas where all major network affiliate analog service will be 
discontinued prior to June 12, 2009.
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    \8\ We make no amendments to the Pre-Transition Digital 
Termination procedures adopted in the Third DTV Periodic Report and 
Order. Third Periodic Review of the Commission's Rules and Policies 
Affecting the Conversion to Digital Television, MB Docket 07-91, 
Report and Order, 23 FCC Rcd 2994, 3045, para 133. (``Third DTV 
Periodic Report and Order''.)
    \9\ Although the Omnibus Order referred to ``all'' stations, we 
take this opportunity to clarify that this filing requirement is 
limited to full-power television stations that are still 
broadcasting in analog (excluding analog nightlight service). Those 
stations that terminated analog television service on or before 
February 17, 2009 do not need to file this form.
    \10\ DTV Delay Act Omnibus Order, FCC 09-11 at paras 26-32. The 
rule changes herein apply to analog service terminations and 
substantial reductions to analog service. In general, a 
``substantial'' reduction is one that would affect more than 10 
percent of the population in a station's service area, as 
represented by the predicted Grade B contour. References to 
``termination'' here are intended to apply to such substantial 
reductions as well as to terminations.
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    5. The Third DTV Periodic Report and Order, 72 FR 37310 (July 9, 
2007), permitted stations to transition without prior Commission 
approval during the final months before the transition, but they were 
required to make a showing with their notification to the Commission 
that the analog service termination was ``necessary to achieve their 
transition.'' Consistent with this requirement, stations that seek to 
transition early must provide us with sufficient information in the 
Analog Service Termination Notification to enable us to determine 
whether an early analog termination is necessary and in the public 
interest. We will allow stations that notify us in a timely manner to 
proceed with their planned terminations without specific individual 
approval, with limited exceptions. As discussed in the Omnibus Order, 
we cannot forecast and deploy resources to prepare and assist consumers 
based on rolling, uncoordinated notifications. We believe that allowing 
any or all stations to terminate or substantially reduce analog service 
under the existing Third DTV Periodic Report and Order procedures would 
squander the time given to us and the country by the delay enacted by 
Congress.
    6. A number of commenters oppose the Commission's decision to 
revise the early analog termination procedures at all, and the specific 
proposals made in the NPRM. In its comments, the Association of Public 
Television Stations (``APTS'') focuses largely on the argument for 
permitting NCE stations to transition before April 16, which is 
addressed in Section II.A.4, below. APTS also argues more generally, 
however, that stations should be permitted to terminate at any time 
before June 12, because a ``gradual, rolling cessation of analog works 
relatively well and benefits the public.'' \11\ It argues that this 
approach provides a steady supply of information to the Commission, 
while minimizing viewer disruption, and that ``so far it has worked.'' 
\12\ Some individual stations also oppose the imposition of new 
requirements for early termination, even when they do not object to 
terminating analog service on April 16 or later.\13\ McGraw-Hill 
opposes the extension of viewer notification requirements beyond 30 
days, arguing that longer periods of notice could ``adversely

[[Page 11302]]

impact a smooth transition'' and spur increased viewer complaints to 
stations.\14\ Even where commenters do not argue that a longer 
notification period would create problems, they contend that a 30-day 
notice period, as adopted in the Third DTV Periodic Report and Order, 
is ``sufficient to make viewers * * * aware of the final date for the 
termination of analog operations.'' \15\ While there is less universal 
opposition to the proposed requirement to air crawls for seven days 
before analog termination, the general consensus among commenters is 
that the existing levels of pre-transition viewer notification are 
sufficient.\16\
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    \11\ APTS Comments at 6. See also MATC Comments.
    \12\ APTS Comments at 6.
    \13\ KET Comments at 2-3; OSU Comments at 3-7.
    \14\ McGraw-Hill Comments at 3.
    \15\ Sunbelt Comments at 4.
    \16\ See, e.g., Barry Comments at 4, note 1 (proposing to air 30 
days worth of notices before transitioning on April 16); see also, 
Joseph Belisle Comments (``It is a mistake to adopt onerous, 
endless, unworkable procedures for early termination of analog 
television service.'').
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    7. While we appreciate broadcasters' objections to the changes we 
are making in our procedures, we find it necessary to adopt new 
requirements and procedures associated with early transitions to assure 
that viewers are fully prepared and equipped to receive digital 
television signals and give up analog service. Our experience in 
preparing for the partial transition on February 17, as well as the 
early market-wide transitions in Wilmington, North Carolina and Hawaii, 
have demonstrated the importance of on-the-ground consumer outreach, 
the availability of coupons to defray the cost of DTV converter boxes, 
and the availability of the boxes themselves. Testimony in the recent 
Commission en banc hearings underscores the time needed by retailers, 
manufacturers, NTIA, pay TV services, local and national outreach 
organizations, and our own outreach staff to plan for both equipment 
availability and consumer education.\17\ This experience convinces us 
that more than 30 days are needed to plan and execute the intensified 
outreach efforts necessary in an area with stations transitioning early 
to assure consumer readiness. Indeed, more than 60 days is preferable. 
However, we recognize that some stations have legitimate needs to 
transition early and that Congress required us to balance the consumer 
need for time and information with the broadcaster need for 
flexibility. Therefore, we adopt the procedures and requirements 
described here to implement this balanced approach.
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    \17\ Written testimony of Cathy Seidel, Bureau Chief, Consumer 
and Governmental Affairs at 6-7; Written testimony of Eloise Gore, 
Associate Bureau Chief, Media Bureau at 3; Mark Lloyd, Vice 
President for Strategic Initiatives, Leadership Conference on Civil 
Rights and Leadership Conference on Civil Rights Education Fund at 
5.
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    8. For stations that elect to transition on June 12, the final day 
of the transition, we impose no additional requirements for viewer 
notification. Stations that will transition early may do so on the day 
of their choosing; they must, however, run daily viewer notifications 
for 30 days prior to transitioning, as required under the Third DTV 
Periodic Report and Order early termination procedures, containing the 
information described in this Order. Additionally, as discussed in 
detail below, affiliates of ABC, CBS, FOX, and NBC (``major network 
affiliates'') that are transitioning early must either (1) certify that 
at least one major network affiliate will continue to provide full 
analog service to their viewers through June 12, 2009, or (2) certify 
that their viewers will receive some continuing ``enhanced nightlight'' 
analog service, and that they will operate or support and publicize a 
walk-in help center and a consumer referral telephone number, and 
provide certain specific information about the transition in the on-air 
and other DTV educational efforts they undertake. These requirements 
are very similar to those we imposed on many major network affiliates 
that transitioned early on February 17, 2009. We conclude that these 
requirements are necessary and appropriate to implement the DTV Delay 
Act's provisions and carry out its purposes. They retain stations' 
flexibility to choose a transition date prior to June 12, while also 
addressing the needs and helping to ensure the readiness of viewers in 
their markets. We also retain the right to revise any station's 
proposed early termination if we find it in the public interest to do 
so.
1. Statutory Authority
    9. We reaffirm our conclusion that the Commission has authority to 
modify the Third DTV Periodic Report and Order's early termination 
procedures as necessary to implement and carry out the purposes of the 
DTV Delay Act.\18\ In their joint comments, NAB and MSTV (``NAB'') and 
others disagree with that finding, arguing that Section 4(a) of the Act 
plainly requires that broadcasters be allowed to cease analog 
broadcasting under the procedures ``in effect on the date of enactment 
of this Act,'' and prevents the Commission from modifying those 
procedures.\19\ On the contrary, we conclude that Section 4(a) is 
ambiguous and reasonably can be interpreted to ratify the termination 
procedures that were in effect on the date of enactment of the Act 
without restricting the Commission's authority to modify them.\20\
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    \18\ Omnibus Order, FCC 09-11 at para 30.
    \19\ DTV Delay Act sec. 4(a). See NAB and MSTV Joint Comments at 
17-20 (``NAB Comments''); APTS Comments at 2-4; Richard B. Brittain 
Comments; KET Comments at 5, 8-9; OSU Comments at 6; ZGS Comments at 
4.
    \20\ See generally Bell Atlantic Tel. Cos. v. FCC, 131 F.3d 
1044, 1049 (D.C. Cir. 1997) (Under the Chevron doctrine, if a 
statute is silent or ambiguous as to the precise question at issue, 
then a reasonable agency interpretation of the statute merits 
judicial deference).
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    10. Based on examination of the Act's text, legislative history, 
and structure, we cannot conclude that Section 4(a) plainly expresses 
Congress's intention to restrict FCC authority to modify its early 
termination procedures. Section 4(a) states that:

    [n]othing in this Act is intended to prevent a licensee of a 
television broadcast station from terminating the broadcasting of 
such station's analog television signal * * * prior to the 
[transition deadline] so long as such prior termination is conducted 
in accordance with the Federal Communications Commission's 
requirements in effect on the date of enactment of this Act, 
including the flexible procedures established in the [Third DTV 
Periodic Report and Order].\21\
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    \21\ DTV Delay Act sec. 4(a).

NAB maintains that this language ``specifically allows stations to 
cease analog broadcasting under the existing requirements.'' \22\ 
Although NAB's reading may be plausible, we do not agree that it is the 
only or even the most reasonable interpretation of the statutory text. 
The text clearly disavows any Congressional intent to override the 
Commission's existing termination procedures. It is silent, however, 
regarding whether the Commission may change those procedures. Had 
Congress intended to give broadcasters an affirmative right to 
terminate analog transmissions early in accordance with the procedures 
established in the Third DTV Periodic Report and Order and prevent the 
Commission from changing those procedures, it could easily have done 
so. Congress certainly knew how to use broad ``notwithstanding'' 
language, as it used such language elsewhere in the DTV Delay Act.\23\ 
We

[[Page 11303]]

believe that the use of narrower language in Section 4(a) signals a 
more modest disavowal of intent to override existing procedures.
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    \22\ NAB Comments at 18.
    \23\ DTV Delay Act sec. 4(c) (``[n]otwithstanding any other 
provision of law, the Federal Communications Commission * * * shall, 
not later than 30 days after the date of enactment of this Act, * * 
* adopt or review its rules, regulations, or orders to take such 
other actions as may be necessary or appropriate to implement the 
provisions, and carry out the purposes, of this Act.''). Cf. Central 
Bank of Denver v. First Interstate Bank, 511 U.S. 164, 176-77 (1994) 
(although ``Congress knew how to impose aiding and abetting 
liability when it chose to do so,'' it did not use the words ``aid'' 
and ``abet'' in the statute, and hence did not impose aiding and 
abetting liability).
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    11. Contrary to NAB's argument, neither Section 4(a)'s title 
(``Permissive Early Termination Under Existing Requirements'') nor the 
legislative history make plain the meaning of the statutory text; the 
title is only ``a short-hand reference to the general subject matter 
involved,'' \24\ and the two floor statements cited by NAB merely 
indicate the expectation that broadcasters would be allowed to 
terminate early, without mentioning a freeze or other limitation on FCC 
authority.\25\ Further, the Act's structure does not support NAB's 
reading. On the contrary, rather than restricting the agency's general 
rulemaking authority, Section 4(c) grants the Commission expansive new 
authority.\26\ We find it difficult to square NAB's crabbed reading of 
Section 4(a) as enshrining the FCC's existing termination procedures 
with Section 4(c)'s grant of expansive new authority to implement the 
DTV Delay Act and carry out its purposes.\27\
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    \24\ Trainmen v. Baltimore & Ohio Railroad, 331 U.S. 519, 528 
(1947) (titles of acts or sections can provide only limited 
interpretive aid).
    \25\ See NAB Comments at 18 n.39, citing Statement of Rep. 
Boucher, Cong. Rec. H585 (Jan. 27, 2009) ``[w]e fully anticipate 
that the FCC will be very flexible in applying'' the provision 
allowing stations to cease analog broadcasting early); Statement of 
Sen. Hutchinson, Cong. Rec. at S1051 (Jan 29, 2009) (explaining that 
the delay of the DTV transition date ``is voluntary,'' which ``was 
very important'' because ``many broadcast companies have made the 
investment for digital transmission'' and the bill allows them ``to 
go'' digital). To the extent that NAB suggests that the FCC's 
modifications of the early termination procedures deprive 
broadcasters of the flexibility that Congress intended, we disagree 
for the reasons set forth elsewhere in this Order and our previous 
Order. We believe that our actions afford stations the flexibility 
that they need to choose a termination date prior to June 12 while 
also taking into account the needs and readiness of viewers in their 
markets.
    \26\ DTV Delay Act sec. 4(c) (authorizing the FCC 
``[n]otwithstanding any other provision of law'' to ``adopt or 
revise its rules, regulations, or orders or take such other actions 
as may be necessary or appropriate to implement the provisions, and 
carry out the purposes, of this Act.).
    \27\ Verizon California, Inc. v. FCC, 2009 WL 304745 (D.C. Cir. 
2009) (context and purpose of statute properly considered in 
determining meaning).
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    12. Considering the DTV Delay Act's text, legislative history and 
structure, and consistent with Supreme Court precedent, we have 
concluded that Section 4(a) ratifies the Third DTV Periodic Report and 
Order's early termination procedures without restricting the 
Commission's authority to modify those procedures.\28\ We remain 
persuaded that this interpretation is the most reasonable one. As 
discussed above, we think that Section 4(a) is most reasonably read as 
a disavowal of intent to override the Commission's early termination 
procedures then in effect. Had Congress not ratified those procedures, 
the DTV Delay Act could be interpreted to prohibit early termination 
altogether, for its purpose arguably would be undermined if most 
broadcasters chose to terminate before June 12.\29\ We reject NAB's 
argument that our construction prefers Section 4(c)'s general terms 
over Section 4(a)'s specific ones.\30\ Rather, our reading harmonizes 
and gives full effect to both Section 4(a) and Section 4(c), which 
reflects Congress's recognition that implementing the DTV Delay Act and 
carrying out its purposes within the short time available ``would 
require extraordinary and immediate action by the Commission and 
others.'' \31\
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    \28\ DTV Delay Act Second Report and Order and NPRM, FCC 09-11 
at para 30 n. 59 and accompanying text, citing Zemel v. Rusk, 381 
U.S. 1, 9-13 (1965) (Secretary of State had statutory authority to 
impose new area restrictions on passports in 1961 under the Passport 
Act of 1926 because Congress had ratified the Secretary's authority 
to impose such restrictions in 1952 by enacting passport legislation 
without tampering with the rulemaking authority granted to the 
Secretary in the 1926 Act), and City of New York v. FCC, 486 U.S. 57 
(1988) (Congressional ratification of FCC preemption of state and 
local cable technical standards). None of the comments specifically 
address the Commission's reliance on ratification precedents in the 
DTV Delay Act Second Report and Order.
    \29\ Cf. Omnibus and Order and NPRM, FCC 09-11 at para 1 (``In 
the DTV Delay Act, Congress extended the DTV transition deadline 
from February 17, 2009 to June 12, 2009 in an effort to provide 
consumers additional time to prepare for the transition from analog 
to digital broadcasting.''), citing Cong. Rec. H895 (daily ed. Feb. 
4, 2009).
    \30\ NAB Comments at 18-19.
    \31\ Omnibus Order and NPRM, FCC 09-11 at para 69. Finally, we 
note that NAB's argument that modification of FCC procedures is not 
permissible simply because sec. 4(a) does not expressly foreclose 
it, NAB Comments at 19, is inapposite because we do not rely on sec. 
4(a)'s silence for authority here. As explained above, we have both 
general rulemaking authority and expansive new authority under sec. 
4(c) of the DTV Delay Act.
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2. Analog Service Termination Form
    13. In the Omnibus Order, we required all full-power television 
stations that had not terminated their analog service as of February 
17, 2009, to decide on a firm date by which they intend to terminate 
their regular analog television service and to notify us of that date 
no later than Tuesday, March 17, 2009.\32\ We imposed this requirement 
because we have found that the opportunity for advance planning 
contributes significantly to a smoother transition. We now announce 
that this notification must be made via the Commission's Informal 
Filing Form after the release of this Order, but not later than 5:30 PM 
Eastern Daylight Time on March 17, 2009.\33\ In this notification (the 
``March 17 filing''), stations must commit to terminating on a date no 
earlier than April 16, 2009,\34\ to give all parties at least 30 days 
from the notification date to prepare and educate consumers. Any 
station that does not properly file this notification will not be 
permitted to terminate their analog service prior to June 12, 2009, 
except in the case of equipment failure, natural disaster, or other 
unforeseeable emergency.
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    \32\ Omnibus Order, FCC 09-11 at para 26.
    \33\ Notice to the Commission must be provided electronically 
through the Commission's Consolidated Database System 
[bs](``CDBS'') using the Informal Application 
filing form. To access the CDBS electronic filing system in order to 
file an analog termination or reduction notification, go to the 
Media Bureau's Web site at: http://www.fcc.gov/mb/cdbs.html. 
Instructions as to how to file these notifications are as follows: 
After logging into the CDBS, select the last option from main menu 
``Additional non-form Filings.'' From the next menu select ``Silent 
STA/Notification of Suspension.'' From the pre-form menu select: 
``Notification of analog termination or reduction.'' No fee is 
required. For additional information, contact Hossein Hashemzadeh, 
[email protected], of the Media Bureau, Video Division, at 
(202) 418-1658.
    \34\ But see Pre-April 16 Terminations by Noncommercial 
Educational Stations Certifying Significant Financial Hardship, 
infra.
---------------------------------------------------------------------------

    14. The analog termination advance notice procedures adopted in 
this proceeding supersede the provisions of Section 73.1615.\35\ 
Stations may rely on the provisions of Section 73.1615 for brief 
terminations or reductions of service for technical reasons. They may 
not, however, rely on this provision to terminate analog service 
altogether, even in the days immediately prior to June 12, 2009. 
Barring Commission action, a station may only terminate analog service 
on the date it elects to do so on the analog service termination form.
---------------------------------------------------------------------------

    \35\ 47 CFR 73.1615.
---------------------------------------------------------------------------

    15. We impose no requirements in this section on stations that 
notify the Commission of their intent to continue providing full analog 
service \36\ until June 12, 2009.\37\ Continuing to broadcast in analog 
will give the viewers of these stations the maximum possible 
opportunity to prepare for digital broadcasting. The Commission 
recognizes the central importance of this goal; therefore, stations 
that file an analog service termination form to elect

[[Page 11304]]

an early transition date may later revoke this notification and delay 
their transition to June 12, 2009. This revocation filing may be 
submitted at any time up to five days prior to the elected transition 
date, although a shorter notice period is permissible in the case of 
equipment failure, natural disaster, or other unforeseeable emergency. 
In filing such a revocation, a station must certify that continuation 
of full analog service will not result in interference to the signal of 
any other station that has been approved to commence early post-
transition operations. It must also certify that it will provide notice 
to viewers of this revocation at least four times daily, with at least 
one notice in primetime, over the five days prior to and including the 
day it originally elected to terminate analog service.
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    \36\ For the purposes of this Order, we define ``full'' analog 
service or programming to mean the normally scheduled programming 
that the station aired prior to transitioning to digital-only 
broadcasting.
    \37\ All stations must conform to the DTV Consumer Education 
Initiative rules, however, including those adopted in this Order, 
unless they are specifically exempted from doing so.
---------------------------------------------------------------------------

3. Early Analog Service Termination Viewer Notifications
    16. Pursuant to the Third DTV Periodic Report and Order, stations 
that transition early are required to provide additional viewer 
notifications in order to ensure that their viewers are prepared.\38\ 
In that Order, we required that stations provide viewer notifications 
for at least 30 days prior to their termination of analog service, and 
we retain that requirement here. These notifications must air at least 
four times a day, including at least once in primetime, for the 30-day 
period prior to the planned service reduction or termination. They must 
include: (1) The station's call sign and community of license; (2) the 
fact that the station is planning to reduce or terminate its analog 
operations before the transition date; (3) the firm date of the 
reduction or termination; (4) what viewers can do to continue to 
receive the station, i.e., how and when the station's digital signal 
can be received; \39\ (5) information about the availability of 
digital-to-analog converter boxes in their service area; and (6) the 
street address, e-mail address (if available), and phone number of the 
station where viewers may register comments or request information. In 
addition to the requirements described in the Third DTV Periodic Report 
and Order, stations terminating early must also provide service loss 
information, pursuant to Section III.C.2, below, if that section would 
require notice to viewers. As noted throughout this Order, these 
notifications are in addition to the requirements of the DTV Consumer 
Education Initiative rules, including those adopted in this Order.\40\
---------------------------------------------------------------------------

    \38\ Third DTV Periodic Report and Order, 23 FCC Rcd at 3050, 
para 117.
    \39\ Alternatively, the notification could describe how to get 
service from another station affiliated with the same network if the 
station's digital signal will not cover the entire area that is 
within the station's Grade B analog contour.
    \40\ The revisions to our rules are shown in the regulatory text 
to this document.
---------------------------------------------------------------------------

    17. We also asked in the NPRM whether we should require major 
network affiliates, or even all stations, that terminate analog service 
prior to June 12 to run seven days of hourly crawls, as we required of 
stations that terminated on February 17, 2009.\41\ NAB opposed this 
requirement, arguing that 30 days of notices prior to the transition 
will be sufficient to educate viewers ahead of time, and pointing to 
widespread consumer annoyance with the appearance of the crawls during 
programming.\42\ We agree with NAB that there is no need for additional 
pre-termination notifications in the form of crawls. When stations 
terminated on February 17, there was an extremely short period of time 
available to notify viewers of the impending change. The DTV Delay Act 
was enacted on February 11, and the extensive news coverage may have 
led many viewers to believe that they did not need to prepare for the 
digital transition, even if one of their local stations was going to 
transition six days later. With only six days, there was no way to run 
notices for thirty days. As a result, we found that an extremely 
intensive educational effort for the short period remaining was the 
only way to reach viewers as completely as a long term notice campaign. 
Now, stations will have time to run the full thirty days of viewer 
notifications.\43\ Under the present circumstances, we conclude that 
there is no need for additional pre-termination notifications in the 
form of crawls.
---------------------------------------------------------------------------

    \41\ February 5th PN.
    \42\ NAB Comments at 22.
    \43\ Certain noncommercial stations, discussed, infra, may not 
have the full 30 days.
---------------------------------------------------------------------------

4. Pre-April 16 Terminations by Noncommercial Educational Stations 
Certifying Significant Financial Hardship
    18. We will allow NCEs to terminate analog service before April 16, 
if such termination is necessary as a result of significant financial 
hardship. Stations must certify in their analog termination form 
(described above) that they need to terminate before April 16 due to 
significant financial hardship and must comply with the viewer 
notification requirement. NCEs making this certification may terminate 
before April 16, but not before March 27.
    19. In the NPRM, we tentatively concluded that stations may 
terminate no earlier than April 16, 2009, so that stations terminating 
analog service early could adequately prepare and educate their 
viewers. We received several comments, including from APTS and many NCE 
stations, asking for permission to terminate before April 16, asserting 
significant financial hardship.\44\
---------------------------------------------------------------------------

    \44\ See APTS Comments at 2-5; see also WPT Comments at 2 
(saying the following stations need to terminate early [April 5] due 
to ``drastic technical and financial pressures'': WHLA-TV, WHRM-TV, 
WHWC-TV, and WPNE(TV), WHA-TV); St. Lawrence Comments at 2 (saying 
the following stations need to terminate early [March 15] due to a 
``severe budgetary crisis'': WPBS and WNPI); WQED at 2 (saying that 
WQED needs to terminate early [April 1] because of a ``severe 
budgetary crisis''); WJCT Comments at 2 (saying WJCT is ``facing 
severe economic constraints'' and needs to terminate early [April 
6]); MSU Comments at 2 (saying KOZK and KOZJ planned to terminate 
analog early [April 2] to address ``serious financial and equipment 
considerations'').
---------------------------------------------------------------------------

    20. The Commission has consistently recognized that NCE stations 
face unique financial difficulties and has afforded them additional 
flexibility to assist them in making their transition.\45\ APTS notes 
that many NCE stations continued broadcasting in analog after their 
planned termination date of February 17 at the Commission's urging, 
with the expectation that they would be able to terminate soon 
thereafter.\46\ We are also sensitive to the ``unplanned expenses'' 
(such as costs for electricity, equipment maintenance, additional tower 
rent, renegotiating tower leases, rescheduling tower crews and storing 
new equipment until it can be installed) which are incurred by stations 
keeping analog transmitters on the air after their originally planned 
termination dates.\47\ Although all stations may face such unplanned 
expenses, they are likely to fall particularly hard on NCE stations 
because of their unique financial difficulties, such as their reliance 
on government funding. We are aware that NCEs, unlike commercial 
stations, may have budgetary restrictions that prevent them from 
obtaining additional funding to address these expenses.\48\

[[Page 11305]]

Accordingly, we will permit NCE stations to terminate analog service 
prior to April 16, and as early as March 27, provided they comply with 
the viewer notification requirement, discussed below. We find that 
stations may not terminate analog service without notifying viewers on 
air for at least 10 days prior to termination, except in the case of 
equipment failure, natural disaster, or other unforeseeable emergency. 
We will not, however, reinstate analog termination notifications filed 
with the Commission under the prior procedures, nor will NCE stations' 
comments filed in response to the NPRM satisfy the March 17, 2009 
notification requirement.\49\ NCE stations must file their binding 
analog service termination notification by March 17, 2009.\50\ NCE 
stations terminating on or after April 16 should follow the analog 
termination procedures discussed above.
---------------------------------------------------------------------------

    \45\ For example, in the Third DTV Periodic Report and Order, 
the Commission afforded NCE stations a reduced service requirement 
if their circumstances warranted this additional flexibility. See, 
e.g., Third DTV Periodic Report and Order, 23 FCC Rcd at 3041, para 
97; and Second DTV Periodic Report and Order, 19 FCC Rcd at 18311-
18319, paras 80-87. In addition, NCE stations received a later use-
or-lose deadline in the Second DTV Periodic Report and Order and, in 
the Fifth Report and Order, we noted the unique financial 
difficulties faced by NCE stations and reiterated our view that 
these stations warranted additional flexibility. Fifth Report and 
Order, 12 FCC at 12852, para 104.
    \46\ APTS Comments at 5.
    \47\ Id. at 4.
    \48\ See, e.g. , Mid-South Comments at 2 (facing a 15 percent 
cut in state funding); WNYPBA Comments at 2 (facing a 50 percent cut 
in state funding); and APTS comments at 5 (``Requiring stations to 
continue analog transmissions for a month or more beyond what they 
had budgeted would have profound negative implications on their 
financial futures.'')
    \49\ Omnibus Order at, para 26.
    \50\ Implementation of the DTV Delay Act, MB Docket No. 09-17, 
Second Report and Order and Notice of Proposed Rulemaking, FCC 09-
11, para 26 (rel. Feb. 20, 2009).
---------------------------------------------------------------------------

    21. Viewer Notification Requirement. We require NCE stations that 
need to terminate analog television service before April 16 to 
broadcast the equivalent of 30 days' worth of viewer notifications 
regarding the station's imminent termination of its analog service.\51\ 
We find that this viewer notification requirement is necessary to 
protect viewer expectations and to carry out the purpose of the analog 
termination procedures. The 30 days' worth of viewer notifications must 
include the information discussed above.\52\ To comply with this 
requirement, stations must adequately and clearly communicate the 
required information, and make particular note that the date on which 
the station is terminating is prior to the new nationwide date of June 
12, 2009.
---------------------------------------------------------------------------

    \51\ Notifications must be aired 120 times, on a daily basis, 
including 30 times in primetime, distributed evenly during the 30-
day period. Therefore, if the viewer notifications begin, for 
example, 10 days before the station's termination, the station must 
broadcast notifications 120 times, including 30 times in primetime, 
distributed evenly during the 10-day period; i.e. , the station must 
broadcast notifications every day on-air at least 12 times a day, 
including at least three times in primetime, for the 10-day period.
    \52\ We note that these viewer notifications are in addition to, 
and separate from, the notification requirements established in the 
Commission's DTV Consumer Education Initiative proceeding. See DTV 
Consumer Education Initiative, MB Docket No. 07-148, Report and 
Order, 23 FCC Rcd 4134 (2008); Order on Reconsideration and Further 
Notice of Proposed Rulemaking, 23 FCC Rcd 7272 (2008) (collectively, 
``DTV Consumer Education Orders'').
---------------------------------------------------------------------------

5. Early Analog Service Terminations by Major Network Affiliates
    22. As we discussed in the February 11th PN, the early analog 
terminations of certain stations poses a significant risk of 
substantial public harm.\53\ The presence of ABC, CBS, FOX, and NBC 
network stations and affiliates in a market is critical to ensuring 
that over-the-air viewers have access to local news and public affairs, 
because these ``major network affiliates'' are the primary source of 
local broadcast news and public affairs programming in most 
communities. No commenter disagreed with this point. Indeed, while some 
commenters, including NAB, opposed additional early termination 
requirements as a general matter,\54\ no commenter specifically 
objected to imposing such additional requirements on major network 
affiliates that transition early. We will allow major network 
affiliates to terminate analog service prior to June 12 under the 
following conditions that ensure fulfillment of their public interest 
responsibilities. First, as discussed above, they must identify the 
date on which they plan to transition in their March 17 notification to 
the Commission. Second, major network affiliates must certify either 
that at least 90 percent of the population in their Grade B analog 
contour will receive full analog service from another major network 
affiliate until June 12, 2009, or that they will comply with the 
additional public interest related conditions. The additional public 
interest conditions are necessary to ameliorate any potential harms of 
early termination by assuring that viewers who will lose regular analog 
service from all of their major network affiliates before June 12 will 
continue to have some essential analog service through June 12 and will 
have access to local assistance from their stations no later than the 
time that the last major network affiliate terminates full analog 
programming.
---------------------------------------------------------------------------

    \53\ February 11th PN.
    \54\ NAB focused on the importance of flexibility, which is 
retained by our procedures, and objected to the imposition of 
additional pre-transition viewer notification obligations for early 
terminators, which we declined to impose. In particular, NAB focused 
on the dangers of viewer fatigue as a result of additional on-air 
early transition notifications. NAB Comments at 21, 22, 24. The 
obligations on major network affiliates all apply after termination 
of their analog signal, and more to NAB's point about viewer 
fatigue, do not require any on-air notifications to digital viewers. 
The major networks or major network affiliates that filed comments 
with the Commission either had no comment about these requirements, 
or supported them. [FOX, Lima, Griffin, no comment; McGraw-Hill 
``generally supports the procedures proposed in the NPRM for binding 
early analog terminations.'']
---------------------------------------------------------------------------

    23. A major network affiliate which cannot certify that 90 percent 
of its viewers will receive full analog service from another major 
network affiliate through June 12, 2009, but wishes to terminate early, 
must certify in its March 17 filing that: (1) At least 90 percent of 
the population in its Grade B analog contour will receive some major 
network affiliate analog service (enhanced nightlight or some 
combination of full service and enhanced nightlight) \55\ until June 
12, 2009; and (2) it will comply with the other public interest 
conditions described below.\56\ The station's enhanced nightlight and 
public interest obligations begin when more than 10 percent of the 
population in the station's Grade B analog contour no longer receives 
analog service from a major network affiliate, if that day is before 
June 12. Under most circumstances, this will be the day on which the 
last major network affiliate in a market terminates analog service 
early.
---------------------------------------------------------------------------

    \55\ See definition of Enhanced Nightlight, infra.
    \56\ These public interest conditions are based on the 
requirements established in the February 11th Public Notice.
---------------------------------------------------------------------------

    24. As discussed in more detail below, the ``90 percent served'' 
condition will help to ensure that a major network affiliate's early 
termination does not pose a significant risk of substantial public harm 
because most viewers will continue to receive some analog service, and 
the public interest conditions carry out the DTV Delay Act's purposes 
by facilitating consumer readiness in communities where the primary 
sources of local broadcast news and public affairs programming are all 
terminating early. Any major network affiliate that properly certifies 
may terminate on its chosen date without the need for action by the 
Commission.\57\ A major network affiliate that does not: (1) Certify 
that a major network affiliate will provide full analog service to at 
least 90 percent of the population in its service area; (2) certify 
that it will comply with the public interest related conditions 
(including the analog service requirements); or (3) demonstrate extreme 
technical or financial difficulties by filing a showing of 
extraordinary exigent circumstances; must continue providing full 
analog

[[Page 11306]]

service until June 12, 2009 (except in the case of equipment failure, 
natural disaster, or other unforeseeable emergency).
---------------------------------------------------------------------------

    \57\ Stations that are not major network affiliates are not held 
to these responsibilities. The Media Bureau will issue a Public 
Notice listing the stations and their early transition dates as soon 
as possible after the certifications are submitted and reviewed.
---------------------------------------------------------------------------

a. Early Terminations By Major Network Affiliates That Certify 
Continuing Full Analog Service by Another Major Network Affiliate
    25. As discussed above, a major network affiliate may terminate 
early by certifying that at least 90 percent of the population within 
its Grade B analog contour will continue to receive full \58\ analog 
service through June 12, 2009, from a major network affiliate. We note 
that this need not be a single other major network affiliate,\59\ so 
long as 90 percent of the population is receiving full analog service 
from some major network affiliate.\60\ Although such a station incurs 
no additional obligations, it must comply fully with the requirements 
imposed on all stations that terminate early: To file and update the 
Analog Service Termination Notification form, as discussed in Section 
III.A.2, and to air 30 days of viewer notifications, as described in 
Section III.A.3. Although the filing station must list, in the March 17 
filing, the stations it will rely upon to provide the requisite level 
of service, each station is individually responsible for ensuring that 
the required percentage of its own analog viewers actually receive the 
required level of service.\61\
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    \58\ See note 36.
    \59\ Note that if the station is relying on (an)other major 
network affiliate(s), the station must confirm that the affiliate(s) 
relied on remain(s) able to cover at least 90 percent of the 
population in the station's Grade B coverage area even if the 
affiliate(s) is (are) operating at reduced power.
    \60\ Indeed, if the major network affiliate in question is 
reducing rather than terminating, it may count the percentage of its 
full Grade B contour still served toward the 90 percent. So, if the 
station will continue to serve 80 percent of the population in its 
service area through June 12, there need only be an additional, non-
overlapping, 10 percent served by another major network affiliate 
through June 12 in order for the station to comply.
    \61\ Stations filing for early termination must determine and 
certify that the requisite analog coverage will be provided. We 
intend to rely on the stations' filings to determine whether the 
termination is in the public interest.
---------------------------------------------------------------------------

b. Early Terminations By Major Network Affiliates That Certify 
Compliance With the Public Interest Related Conditions
    26. If a major network affiliate cannot certify that full analog 
service will be provided by some major network affiliate to at least 90 
percent of the population in its Grade B contour through June 12, 2009, 
then it must certify that there will be some analog service to 90 
percent of the population in its Grade B contour through June 12, 2009, 
and that it will comply with the additional conditions below. Analog 
service, for this purpose, may be ``enhanced nightlight'' service, as 
defined below, or some combination of enhanced nightlight and full 
service analog programming from a major network affiliate (when the 
full service analog programming is not available to at least 90 percent 
of population in the station's Grade B analog contour). Either of these 
will ensure continuing access to local news, public affairs and 
emergency information, as well as DTV educational information, for any 
viewer who has not yet transitioned. Any major network affiliate that 
is certifying in order to terminate analog service early must include 
with its filing a list of the stations that will, individually or 
collectively, continue to provide such analog service to at least 90 
percent of its analog viewers through June 12, 2009.\62\ Stations may 
cooperate to share responsibility for providing the required level of 
analog service, but each station is individually responsible for 
ensuring that its own analog viewers receive the required level of 
service.
---------------------------------------------------------------------------

    \62\ In this situation, just as for other major network 
affiliates, the stations filing for early termination must determine 
and certify that the requisite analog coverage will be provided, and 
we will rely on their filings to determine whether the termination 
is in the public interest. Here too, if a major network affiliate is 
substantially reducing coverage but not terminating analog service 
altogether, it may count the percentage of its Grade B contour still 
served toward the 90 percent. For example, if the station will 
continue to serve 70 percent of the population in its service area 
through June 12, there need only be an additional, non-overlapping, 
20 percent served by another major network affiliate's ``enhanced 
nightlight'' through June 12 in order for the station to be in 
compliance.
---------------------------------------------------------------------------

    27. Major network affiliates must certify in the March 17 filing 
that they will comply with these other public interest conditions if 
more than 10 percent of the population in their Grade B service contour 
will lose full analog service from all major network affiliates before 
June 12. These obligations must be undertaken so that they are in place 
and operating no later than the day on which more than 10 percent of 
the population in their Grade B service contour actually do lose full 
analog service from all major network affiliates--usually when the last 
major network affiliate in the market terminates full service analog 
programming. The requirements for ``Walk-In Help Centers'' and 
``Consumer Referral Telephone Numbers'' contemplate collective effort, 
in a market where more than one broadcaster has certified compliance 
with the conditions, but we remind major network affiliates who certify 
compliance that they are each individually responsible for ensuring 
that collective efforts are compliant, and individually liable if they 
are not. We expect that major network affiliates and other stations 
serving the same viewing area will closely coordinate if they intend to 
terminate analog service before June 12, 2009. While we applaud and 
encourage coordination among broadcasters serving the same area within 
a market, we emphasize that broadcasters that continue providing full 
analog service to at least 90 percent of the population in their analog 
service area through June 12, 2009, are not responsible for compliance 
with any of the requirements associated with early termination, or for 
any shared efforts or expenses incurred by early termination stations 
as a result of these requirements.
    28. A major network affiliate must certify to all of the public 
interest related conditions in the next paragraph if it intends to 
terminate analog service before June 12, 2009, unless some other major 
network affiliate will provide full analog service to at least 90 
percent of the population within the terminating station's Grade B 
contour through June 12, 2009. We find that these conditions are 
directly related to, and necessary for, the early transition of a major 
network affiliate if its viewers will not have access to any other 
major network affiliate programming. Our experience on and after 
February 17th demonstrates that the continuing presence of at least one 
major network affiliate station broadcasting in analog provides vital 
information to viewers concerning the transition, as well as keeping 
them informed of local news. Broadcasters have the primary 
responsibility for their viewers and have the greatest interest in 
assuring that their signals continue to be available to their viewers. 
We impose these conditions with the awareness that many broadcasters 
have taken and will take these actions, and more, on their own. But we 
are mindful of our responsibility to ensure that all broadcasters 
fulfill their public interest obligations as licensees and to establish 
a baseline of the necessary information and service for viewers in 
every community, particularly during this potentially disruptive 
transition. These conditions are based on those proposed in the NPRM, 
which were in turn based on those imposed on many major network 
affiliates that transitioned on February 17. Although the Commission 
will take all steps within our capacity to provide outreach and support 
to markets in which there will be an early transition, realistically we 
cannot be everywhere. And, while we intend to work with contractors and 
volunteer

[[Page 11307]]

organizations across the country, we cannot necessarily have all of 
these services in place for every early transition. Therefore, we find 
it reasonable and appropriate that the major network affiliates that 
choose to transition early, leaving their viewers with no access to 
major network affiliate programming, take on some of the on-the-ground 
responsibility to support and assist their viewers through the walk-in 
help centers, consumer referral telephone numbers, and other public 
interest conditions described here.
    29. Based on our experience and informal questions from stations 
affected by these requirements during the February 17 transition, we 
have reorganized the requirements and provided additional detail, as 
follows:

Certification Regarding Continuing Analog Service

     At least 90 percent of the population in the station's 
Grade B analog contour will continue to receive some analog service, 
until June 12, 2009, in the form of ``enhanced nightlight'' service 
(described below), or some combination of enhanced nightlight and 
``full'' analog service from a major network affiliate.\63\ Note that 
if the certifying station is relying on one or more other major network 
affiliates, the station must confirm that the affiliates relied on 
remain able to cover at least 90 percent of the population in the 
station's Grade B coverage area even if the affiliates are operating at 
reduced power.
---------------------------------------------------------------------------

    \63\ For example, combined coverage can be provided by a major 
network affiliate that is not transitioning early, but that does not 
provide full analog service to at least 90 percent of the population 
in the certifying station's Grade B analog contour. We note that if 
some combination of major network affiliates provide full analog 
service to at least 90 percent of the population in the certifying 
station's Grade B coverage area through June 12, 2009, the station 
is exempt from these requirements.
---------------------------------------------------------------------------

     ``Enhanced nightlight'' service constitutes the broadcast, 
by a major network affiliate, of an analog signal providing, at a 
minimum, DTV transition and emergency information, as well as local 
news and public affairs programming. Both DTV transition and emergency 
information must be accessible to the disability community (e.g., 
broadcast notices must have an audio component, as well as being closed 
or open captioned). The local news, public affairs, and other non-
emergency programming are not subject to the programming restrictions 
of the Analog Nightlight Act, and as such may include commercial 
advertising.\64\
---------------------------------------------------------------------------

    \64\ Implementation of Short-Term Analog Flash and Emergency 
Readiness Act; Establishment of DTV Transition ``Analog Nightlight'' 
Program, MB Docket No. 08-255, Report and Order, FCC 09-2 (rel. Jan 
15, 2009) (``Analog Nightlight Order'').
---------------------------------------------------------------------------

     The DTV transition information must be provided in Spanish 
and English, and must include demonstrations of converter box 
installations and antenna setups; the location and operating hours of 
all walk-in DTV help centers in the market (including centers not 
affiliated with the station); \ 65\ the FCC Call Center telephone and 
TTY numbers; the telephone number for the local or toll-free consumer 
referral telephone number provided by the station; and other helpful 
information about the DTV transition.
---------------------------------------------------------------------------

    \65\ The Commission will publicize the location and hours of 
local walk-in centers via our Web site at https://dtvsupport.fcc.gov/dtvtools, using the detailed data provided by 
stations.
---------------------------------------------------------------------------

Certification Regarding Other Public Interest Conditions

Walk-In Help Centers
     The station, alone or together with other stations or 
local businesses and organizations in the market, will provide at least 
one location and sufficient staff for a consumer ``walk-in'' help 
center. The walk-in help center(s) must be able to: assist consumers 
with applying for coupons and obtaining converter boxes; demonstrate 
how to install and operate converter boxes; assist consumers with 
antenna, reception, and coverage questions; provide maps and lists of 
communities that may be affected by coverage issues; and serve as a 
redistribution point for consumers who are willing to donate coupons, 
converter boxes, and televisions for those in need of these items. The 
certification must specify whether the station will operate the walk-in 
help center(s) itself or rely on other organizations in the market.
     Each walk-in help center must contain (for hands-on 
demonstration purposes) at least one analog-only television, one 
coupon-eligible digital-to-analog converter box, one VCR, DVD player, 
or game console (to demonstrate how to hook-up such devices in 
conjunction with a digital-to-analog converter box), and one antenna 
able to receive the digital signals of the local broadcast station(s). 
A display area for printed literature regarding the digital-to-analog 
converter box coupon program, connection guides for digital-to-analog 
converter boxes, and guides for antenna and reception issues is also 
required. There must also be at least one computer with an Internet 
connection so that consumers can, among other things, apply online for 
converter box coupons and view coverage maps for broadcast stations in 
their area. The walk-in help center must also have a DVD player 
attached to a TV that is not being used for setup demonstrations, so 
that consumers can view educational videos regarding installing a 
converter box and videos regarding antennas, reception, and coverage 
issues.
     The staff at the walk-in help center must be prepared to 
demonstrate the use of the equipment on site; to provide information 
about any service losses for viewers of local stations; to assist 
viewers with accessing DTV transition information online; and to assist 
them with their personal equipment if they bring it to the center.
     At least one walk-in help center must be open every day 
from at least 12 p.m. (noon) to 8 p.m. for the first 21 days this 
requirement is in effect, and between the hours of 4 and 8 p.m. on 
Fridays, and 10 a.m. to 4 p.m. on Saturdays and Sundays, thereafter. 
This requirement terminates on June 12, 2009. There must be at least 
one broadcast station employee, from any participating station, on-site 
at all times during the operating hours of the center.
Consumer Referral Telephone Numbers
     The station must provide a local or toll-free consumer 
referral telephone number to the Commission, and must staff this number 
with personnel that can answer complex viewer questions, particularly 
about reception. This will serve to supplement the Commission's 
national call center. The certification must specify whether the 
station's referral number will be staffed by the station itself or if 
the station is relying on another entity or entities to respond to 
consumer calls and referrals.
DTV Education and Outreach
     No later than 30 days prior to its analog termination, the 
station will provide the Commission with the following information: the 
address and operating hours of the Walk-In Help Center, and the phone 
number and operating hours applicable to the consumer referral 
telephone number, that the station will be relying on to meet these 
obligations, as well as the name and phone number of the station's 
point of contact for these issues. This information will be submitted 
by way of an update to the Analog Service Termination Notification.
     Each station is encouraged to coordinate with and use 
community resources to provide off-air consumer outreach and support, 
including in-home assistance and other helpful information about the 
DTV transition.

[[Page 11308]]

    30. We recognize that there may be extreme technical or financial 
circumstances that prevent some major network affiliates subject to the 
certification requirements from certifying that they and/or the other 
stations in their market will provide continuing analog service.\66\ In 
such cases, these licensees may make an alternative showing to the 
Commission that extraordinary, exigent circumstances, such as the 
unavoidable loss of their analog site or extreme economic hardship, 
require that they terminate their analog service on their proposed date 
but prevent them from providing enhanced nightlight service for their 
analog viewers.\67\ This showing must also include information 
regarding analog service that will be available for the station's 
viewers after the station terminates its analog service.\68\ The 
showing should not exceed five (5) pages, not including attachments. 
Stations attempting to make this showing bear a heavy burden of proof. 
Absent technical impossibility, any station electing to make this 
showing must await a determination by the Commission that its showing 
is sufficient before terminating analog service. The Commission will 
endeavor to resolve all of these cases as soon as possible prior to the 
stations' proposed termination dates.
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    \66\ We anticipate that no station will have difficulty 
complying with the Walk-In Help Center, Consumer Referral Telephone 
Number, and DTV Education and Outreach obligations, but that 
continuing analog service may pose a significant challenge for 
stations facing extraordinary exigent circumstances.
    \67\ Pappas Broadcasting has asked that all flash cut stations 
be exempt from the early transition requirements due to the 
technical limitations they face. We invite such stations to make the 
alternative showing, if they believe these limitations constitute 
extraordinary exigent circumstances. Pappas Comments at 3.
    \68\ For example, a network affiliate might partner with another 
station serving the same area to ensure that its viewers may view 
local news, public affairs and emergency information. Some network 
affiliates transitioning on February 17 partnered with local NCEs to 
provide local news programs, which the NCEs aired without 
commercials.
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    31. We also retain the right to prevent any station from going 
forward with their proposed early termination if we find it in the 
public interest to do so. For example, we may need to adjust the timing 
of some stations' or some markets' transition plans if multiple markets 
intend to transition simultaneously, because this could severely strain 
the resources of the Commission and others working to ensure full 
consumer preparedness. As the Commission did in the case of stations 
seeking to terminate on February 17, we will expeditiously provide 
public notice if any station will not be permitted to transition on its 
elected early transition date.

B. Time of Day for Analog Service Termination

    32. We find that it is appropriate to permit all stations the 
flexibility to terminate analog service at any time of day on the date 
they terminate analog broadcasting. As noted in the First DTV Delay Act 
Order, full-power stations' analog licenses expire at 11:59:59 p.m. 
local time on June 12, 2009.\69\ Stations may continue analog 
broadcasting after 11:59:59 p.m. local time only to the extent that 
they are participating in the Analog Nightlight program.\70\ However, 
the DTV Delay Act and the other relevant statutory provisions are 
silent as to the time of day on June 12, 2009, at which analog 
termination must occur. We do not believe it is necessary to treat 
analog termination on June 12 but prior to 11:59:59 p.m. local time as 
an ``early'' termination and leave it to stations to determine what 
time of day is most appropriate for their viewers.\71\ While stations 
have the flexibility to transition at any time, we understand that some 
stations that have already transitioned experienced difficulties (e.g., 
coordination with local cable operators) that were more easily 
addressed during daytime hours. Stations must inform the Commission of 
the approximate time of day they plan to terminate when they file their 
analog service termination notification,\72\ and must notify viewers 
through their required PSAs, crawls and other on-air consumer education 
if they are planning to end analog service before 11:59:59 p.m. local 
time on their final day of service. We also extend flexibility to 
stations that are transitioning early to do so at the time of day most 
appropriate for their viewers.
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    \69\ First DTV Delay Order, FCC 09-9, Sec.  II.A. para 3.
    \70\ See Analog Nightlight Order.
    \71\ We remind stations that they must obtain Commission 
approval for operation of a post-transition digital facility at any 
time prior to June 12 at 11:59:59 pm. See Third DTV Periodic Report 
and Order, 23 FCC Rcd at 3041-58, paras 98-134 (Section V.C.); see 
also February 5th Public Notice at 2.
    \72\ i.e., Early Morning (12 a.m.-6 a.m.), Morning (6:01 a.m.-12 
p.m.), Afternoon (12:01 p.m.-6 p.m.), or Evening (6:01 p.m.-11:59 
p.m.).
---------------------------------------------------------------------------

C. DTV Consumer Education Initiative

    33. As proposed in the NPRM, we amend the DTV Consumer Education 
Initiative requirements to ensure that consumers will receive the 
information they need to make proper preparations for the digital 
transition of the stations on which they rely for television service. 
We also eliminate post-transition obligations on broadcasters to 
continue broadcasting DTV transition educational information via their 
digital signals because such viewers no longer need this 
information.\73\ These adjustments to the DTV Consumer Education 
Initiative requirements are necessary to accomplish the purposes of the 
DTV Delay Act and are based on our experience and lessons learned in 
the early transitions thus far. We conclude that these amended rules 
strike the correct balance by requiring disclosure of both potential 
signal loss, where warranted, and information about antennas and 
rescanning, which together will enable viewers to retain access to the 
broadcast signals. At the same time, we eliminate unnecessary 
repetition of information after a station has completed its transition. 
This balanced adjustment to the rules is supported by our experience 
and the record in this proceeding.
---------------------------------------------------------------------------

    \73\ In most cases, a viewer who can see the educational message 
on the station's digital channel has, by definition, succeeded in 
making his or her own transition. Thus, only those who cannot see it 
would benefit from it.
---------------------------------------------------------------------------

    34. Broadcasters are required to regularly provide on-air consumer 
education about the DTV transition.\74\ The DTV Consumer Education 
Initiative offered broadcasters a choice of approaches to fulfilling 
this requirement: Options One or Two, available to any broadcaster, or 
Option Three, available only to non-commercial stations.\75\ Among and 
within these Options, broadcasters have a range of techniques to choose 
from, resulting in a mix of public service announcements (PSAs), 
graphics and text superimposed over programming, and longer-form 
informational programming. In the Omnibus Order, we revised the rules 
of the DTV Consumer Education Initiative to conform to the delay of the 
DTV transition. In the companion NPRM we proposed additional revisions, 
which we adopt in this Report and Order. We remind broadcasters that 
whatever option they elected, these on-air education requirements are 
separate from and in addition to any viewer notification requirements 
associated with early analog termination notifications discussed in 
this Report and Order, the Third DTV Periodic Report and Order,\76\ or 
any other rule or regulation.
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    \74\ 47 CFR 73.674.
    \75\ DTV Consumer Education Initiative, 23 FCC Rcd at 4139.
    \76\ See, e.g., Third DTV Periodic Report and Order, 23 FCC Rcd 
2994 at 3033, 3044, 3050 and 3057.
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    35. Each of the revised DTV Consumer Education Initiative rules 
requires stations to be in full

[[Page 11309]]

compliance no later than April 1, 2009. This is the same date that 
manufacturers, eligible telecommunications carriers, and multichannel 
video programming distributors must be in full compliance with the 
revisions to their respective sections, adopted in the Omnibus 
Order.\77\ We note that stations will not be expected to address any of 
the revised requirements of this Order in their first quarter DTV 
Quarterly Activity Station Report (Form 388), and therefore the revised 
Form 388 will not be available for filing until the second quarter of 
the year.
---------------------------------------------------------------------------

    \77\ Omnibus Order, FCC 09-11 para 15.
---------------------------------------------------------------------------

1. Elimination of Post-Termination Consumer Education Obligations
    36. In the NPRM, we asked whether stations that participate in the 
post-transition statutory nightlight program should be exempt from 
post-transition consumer education obligations. We received a large 
number of comments in favor of this proposal. Responding to our request 
for ``comment on any actions `necessary or appropriate to implement the 
provisions, and carry out the purposes' of the DTV Delay Act'' that 
were not resolved in the Omnibus Order, the majority of these comments 
go farther and suggest that no station should have any obligations 
under the DTV Consumer Education Initiative after it terminates analog 
broadcasting, or at least after every station in its market does 
so.\78\ Most commenters on this question agree that any additional 
obligations for stations already transitioned to digital would cause 
viewer confusion.\79\ Many comments argue that confusion might result, 
as viewers may think they need to take additional action to 
prepare,\80\ or may question whether they will continue to be able to 
view the station that has already transitioned.\81\ Indeed, commenters 
argue that on-air consumer education for digital-only stations would 
serve only to reach those already prepared, and that such information 
has ``no relevance or impact'' for those watching a digital 
broadcast.\82\ Griffin acknowledges that consumer education on digital 
channels may have ``ancillary'' benefits, but argues that they are far 
outweighed by the drawbacks, including cost and confusion to 
viewers.\83\ Berl Brechner, President of WMDT, Salisbury, Maryland, 
opposes continuing DTV education requirements as an excessive burden on 
broadcasters who transitioned early.\84\ United and NAB proposed at 
least limiting post-transition consumer education requirements.\85\
---------------------------------------------------------------------------

    \78\ Griffin Comments at 5; NAB Comments at 10-13; Centex 
Comments at 3. We have already granted a waiver to all stations in 
the Wilmington market area, after that market completed its 
transition early. See DTV Delay Act Omnibus Order, FCC 09-11, para 
67 (discussing the waiver). We note that we have received consumer 
education waiver requests from the stations in the Hawaii market, 
which has also fully completed its transition, but that these 
requests are mooted by our action in this Order.
    \79\ NAB Comments at 13-15; Centex Comments at 3; Griffin 
Comments at 2.
    \80\ Mt. Mansfield Comments at 3.
    \81\ Griffin Comments at 2.
    \82\ Centex Comments at 3; Mt. Mansfield at 4.
    \83\ Griffin Comments at 5.
    \84\ Berl Brechner Comments at 3.
    \85\ United Comments at 3, NAB Comments at 13-15.
---------------------------------------------------------------------------

    37. After review of the comments, and consideration of our 
experiences working with consumers after the February 17, 2009, early 
transitions, we conclude that the on-air obligations for digital-only 
stations should be eliminated. We find that, for digital-only stations, 
providing on-air consumer education via digital broadcasting does not 
produce sufficient benefit compared to its cost, and therefore we 
revise our rules to permit most stations to end their participation in 
the Initiative after they terminate analog programming. We will 
continue to require stations that have not completed construction of 
their full authorized post-transition digital facility to continue 
complying with the Consumer Education requirements after they terminate 
their analog service until they complete construction and commence 
operation of their full authorized post-transition digital 
facility.\86\ These stations must revise the content of their 
educational messages to provide information about the limits on 
station's digital service area and the anticipated date for it to 
complete construction and commence operation of its full, authorized 
post-transition digital facility.
---------------------------------------------------------------------------

    \86\ This requirement for continued consumer education applies, 
for example, to stations that have received an extension of their 
construction permit beyond June 12, 2009, or are operating pursuant 
to a ``phased transition'' STA which allows continued operation on a 
pre-transition digital channel or reduced operation on the post-
transition channel. It does not apply to stations that have 
completed construction of their authorized post-transition facility 
but have not completed construction of a maximized facility. See 47 
CFR 73.674(b)(3), amended as 73.674(b)(4).
---------------------------------------------------------------------------

2. Service Loss Notices
    38. As proposed in the NPRM, we amend the DTV Consumer Education 
Initiative rules to require broadcasters to inform their viewers if 2 
percent or more of the population served in their analog service 
contour will not be served by their digital signal.\87\ Stations may 
also broadcast information about areas predicted to gain service, but 
they are required to air information about loss regardless of how many 
people are gaining service. As we discussed in the NPRM, our experience 
with stations that have already terminated analog service, particularly 
in those areas where an entire market has transitioned, is that loss of 
a station due to a change in the digital coverage area creates great 
consumer confusion and distress.\88\ The problem is no less acute, 
however, for analog viewers who received analog service and are within 
the digital service area but who nonetheless do not receive digital 
service, due to changes in signal propagation associated with a change 
from VHF to UHF channel assignments (or vice versa) or for other 
technical reasons related to the use of digital transmission. Problems 
associated with signal loss may arise for the viewers of stations that 
transition at any time, up to and including June 12. Indeed, such 
problems may arise even before stations terminate their analog service 
as more and more viewers obtain digital equipment and come to rely on 
digital service.\89\ Therefore, we will require every station that has 
not already terminated analog broadcasting to provide specific notice 
to analog viewers if 2 percent or more of the population in its Grade B 
analog service area is likely to lose over-the-air service from the 
station when it terminates analog service. We also remind stations that 
terminated analog service on February 17, 2009 that they are required 
to provide information about service losses via the enhanced analog 
nightlight serving their area.\90\
---------------------------------------------------------------------------

    \87\ NPRM at para 64.
    \88\ Id. at para 63.
    \89\ This difficulty is exacerbated for consumers relying on 
converter boxes that do not have analog pass-through.
    \90\ February 11th PN.
---------------------------------------------------------------------------

    39. Broadcasters that elected the Option One educational 
requirements are already required to provide information to their 
viewers about any ``[c]hanges in the geographic area or population 
served by the station during or after the transition.'' \91\ They must 
do so via their regularly-aired PSAs.\92\ We asked in the NPRM whether 
a similar requirement, but limited to population losses, should be 
extended to broadcasters who elected Options Two

[[Page 11310]]

or Three. NAB does not dispute the need for service loss notices, but 
expressed concern about ``providing too much or unnecessary information 
to too many viewers,'' leading to a ``flood'' of consumer calls.\93\ We 
conclude that, on balance, it is better to give viewers too much DTV 
information rather than too little. Although there is some information 
available to consumers about potential signal loss now on the 
internet,\94\ we conclude that broadcasters are best positioned to know 
and communicate information about signal loss and its effects on their 
own viewers through the most direct and appropriate means. Without 
broadcaster disclosure, consumers are likely to be unaware of the 
potential impact of signal change or loss and the need to consult our 
Web site for specific information.
---------------------------------------------------------------------------

    \91\ Consumer Education Order, 23 FCC Rcd at 4190.
    \92\ An example of such a ``change to service area'' notice was 
aired by WUTB-DT, a Baltimore, MD station, which states, in part: 
``Due to a slight change in the station's transmission radius, 
viewers in the following areas, Southwest Talbot County, MD, Central 
Calvert County, MD, Southern Prince George's County, MD, and East-
Central Fairfax County, VA, may not be able to receive WUTB-DT over 
the air on digital channel 24.1.''
    \93\ NAB Comments at 31.
    \94\ See, e.g., http://www.fcc.gov/dtv/markets/report2.html on 
the FCC's DTV.gov Web site.
---------------------------------------------------------------------------

    40. When the Commission issued its signal loss report in December 
2008, we explained our findings with respect to 319 stations predicted 
to lose 2 percent or more of their analog viewer population after they 
transition to digital service. We noted that we ``expect broadcasters 
to make this information publicly available and a part of their local 
DTV education efforts.'' \95\ It appears that few stations have heeded 
our expectation and disclosed losses to their viewers. Viewers in such 
areas will need to take action to retain access to their local 
stations, either by purchasing more sophisticated reception equipment 
or by subscribing to a pay television service. Without information from 
the stations whose service area is changing, consumers have no easy way 
to discover the potential for loss or change in service. Consumers 
without such information may experience not only frustration, but also 
unnecessary expense. For example, they may heed more general consumer 
education messages advising over-the-air viewers to obtain digital 
converter boxes, only to discover belatedly that they are unable to 
receive the digital signal from one or more stations in their area. 
Even worse, they may invest money and time in the purchase and 
installation of a new outdoor antenna only to learn that the digital 
signal will not reach their home with sufficient strength to be 
received and viewed. We conclude that the limited information available 
to consumers about service loss constitutes a substantial problem that 
we must redress. Without this information, consumers will be unable to 
make informed decisions about how to address the service loss, such as 
through technical improvements to their reception system or through 
subscription to a paid television service.
---------------------------------------------------------------------------

    \95\ See Executive Summary at 1, http://www.fcc.gov/dtv/markets/DTV_Report_2.pdf.
---------------------------------------------------------------------------

    41. We amend our rules to require all broadcasters to provide 
service loss information to their viewers via their existing on-air 
education efforts (PSAs, crawls, etc), if 2 percent or more of their 
analog viewers are predicted to lose service (even if the station gains 
viewers elsewhere).\96\ We note that the Commission identified 319 
stations that are predicted to have a signal loss of 2 percent or 
greater.\97\ To date, 106 of these stations have terminated their 
analog service.\98\ The remaining 213 must comply with the new consumer 
education requirement.
---------------------------------------------------------------------------

    \96\ The Commission has created a list of stations anticipated 
to lose 2 percent or more of their analog viewers, which can be 
found on the FCC Web site at http://www.fcc.gov/dtv/markets/report2.html.
    \97\ See http://www.fcc.gov/dtv/markets/DTV_Report_2.pdf.
    \98\ As noted here, any of these stations that are airing or 
participating in airing analog nightlight service must disclose and 
explain their signal loss as part of the DTV information component 
of their nightlight programming.
---------------------------------------------------------------------------

    42. Stations subject to this requirement must provide 
geographically specific information describing areas of population that 
are covered by the Grade B analog contour but are not predicted to 
receive digital service. NAB argues that if a station tries to convey 
geographic information about areas within the digital service area but 
predicted to lose service, it would be ``extremely confusing and 
inaccurate.'' \99\ They suggest a service loss notice should be 
sufficient if it contains text such as ``a small percentage of current 
viewers using an antenna to view this analog station may have problems 
receiving this station's digital signal,'' and directs viewers to a 
commercial antenna prediction site, http://antennaweb.org">antennaweb.org.\100\ We disagree. 
If broadcasters provide only the general information suggested in NAB's 
comments, it would effectively undermine the goal of providing signal 
loss information. Moreover, the http://antennaweb.org">antennaweb.org Web site is not ideal 
for all consumers. It is not intended to be used to predict signal 
coverage, and provides little or no guidance regarding the usefulness 
of indoor antennas, which can work in many locations and are often the 
only practical option. In some cases, viewers will need to obtain new 
or better equipment to receive a station's digital signal because the 
analog signal was weak or poor but viewable, while the digital signal 
is unwatchable due to the cliff effect which results in tiling or a 
black screen. Viewers need the information and advice that stations are 
best positioned to provide so that they can make choices about how to 
receive the station's signal, whether over-the-air or through a 
subscription service. We find that it is important that consumers be 
given a reasonable amount of geographically specific information 
through on-air spots, even if complete information cannot be contained 
within a consumer notice. It is also critical that consumers be given 
guidance on how to find more complete information, by reference to the 
Commission's Web site, as well as other sources of information.
---------------------------------------------------------------------------

    \99\ NAB Comments at 31, note 72.
    \100\ NAB Comments at 32-33.
---------------------------------------------------------------------------

    43. Of the 319 stations predicted to experience population coverage 
losses of 2 percent or more, 196 are a result of changes the station 
has made in its service area through, for example, relocating the 
transmitter, reducing power, or changing antenna direction. We do not 
mandate specific language that must be used by such stations, but 
stations that have shifted or reduced their coverage area must disclose 
the geographic areas where there is likely to be a service loss. We 
note, for example, that WUTB, an affiliate of MyNetwork serving the 
Baltimore, Maryland area, developed a signal loss PSA which provides 
the type of information that would be clear and helpful for viewers. It 
briefly and clearly discloses the parts of counties affected and 
advises viewers to turn to another affiliate of that network to obtain 
digital service over-the-air. Stations may also point out to their 
viewers any areas in which their over-the-air service will improve or 
expand.\101\ All service loss notices must direct viewers to the FCC 
toll-free telephone and TTY numbers and Web site for more 
information.\102\
---------------------------------------------------------------------------

    \101\ There may well be viewers who currently rely on 
subscription service who may be able to rely, instead, on free over-
the-air broadcasting and thus realize one of the benefits of the DTV 
transition, particularly where the station offers multicast 
channels. See http://www.FCC.gov/DTV/markets (Gains significantly 
outweigh losses nationwide).
    \102\ The FCC telephone number is 1-888-CALLFCC, the TTY number 
is 1-888-TELLFCC, and the Web site link for our address tool is 
http://www.DTV.gov/maps.
---------------------------------------------------------------------------

    44. NAB supports limiting the signal loss disclosure requirement to 
stations with losses due to changes in service area, but Mt. Mansfield 
notes that many stations are predicted to lose viewers due to multiple 
reasons.\103\ We agree. Consumers who may lose over-the-air service as 
a result of the change in

[[Page 11311]]

frequency from VHF to UHF are entitled to be informed in advance so 
that they can make appropriate preparations. We recognize, however, 
that it may be more difficult to articulate particular areas of loss 
due to a frequency change, as opposed to the coverage shifts, and that 
more general language may therefore be appropriate. For example, a PSA 
could state that engineering predictions indicate that some current 
viewers of the station's analog signal who are located in areas 
obstructed by hills or buildings may not receive the station's digital 
signal, and direct the viewer to the FCC's telephone number and Web 
site for more information. The FCC can provide information about 
predicted signal coverage for a particular address. We also note that 
in some cases signal loss may be attributable to both change of 
coverage and change of frequency. In these cases, stations must 
disclose all geographically discrete locations predicted to lose 
service for any reason, and also include more general language about 
predicted losses due to obstructions.
---------------------------------------------------------------------------

    \103\ NAB Comments at 31, Mt. Mansfield Comments at 2.
---------------------------------------------------------------------------

    45. The NPRM also sought comment on other means that stations could 
use to communicate signal loss information to their viewers.\104\ We 
suggested permitting or requiring direct mail to addresses in the 
affected area, or through radio broadcasts and local newspapers 
targeting viewers who are likely to experience loss. NAB opposed 
requiring these other measures, noting, for example, that stations 
would find it difficult to develop zip codes or mailing lists, and that 
postage is costly.\105\ We conclude that televised broadcasting of 
information is the best way for stations to be sure of reaching the 
affected population. Stations are permitted and encouraged to use other 
means, particularly radio broadcasts, if they wish, but these other 
measures are not required.\106\
---------------------------------------------------------------------------

    \104\ NPRM at para 65.
    \105\ NAB Comments at 34.
    \106\ NAB notes that some stations have engaged these other 
measures, which should be permitted but not required, so as to 
reduce the burden on small stations in particular. See id.
---------------------------------------------------------------------------

    46. NAB argues that, while the FCC's coverage maps can be relied 
upon to make ``an initial threshold determination of whether there 
would be a loss of viewership of two percent or more,'' stations should 
be given the opportunity to demonstrate through ``specific engineering 
showings that the anticipated loss will be less than that shown on the 
FCC's coverage maps,'' and presumably as a result be exempt from the 
service loss notice requirement.\107\ We conclude that the FCC maps and 
coverage predictions are the basis for identifying stations that must 
comply with these signal loss disclosure requirements.\108\ If our 
report predicts a loss of 2 percent or more, the station is required to 
provide signal loss information to its viewers. Stations may use their 
own specific engineering analysis to provide more particularized 
information to their viewers.
---------------------------------------------------------------------------

    \107\ NAB Comments at 32, note 73.
    \108\ See http://www.fcc.gov/dtv/markets/report2.html and http://www.fcc.gov/dtv/markets/DTV_Report_2.pdf.
---------------------------------------------------------------------------

    47. NAB also disputes the value to individual viewers of the 
general coverage maps, arguing that a consumer-focused Web site like 
http://antennaweb.org is more valuable because it provides information 
about a specific address and does not assume total loss of digital 
coverage exactly at the edge of the predicted service area.\109\ We 
agree that an address-specific mapping tool is the most helpful for 
consumers, and have developed an online digital reception mapping tool 
specifically for that reason.\110\ As discussed above, we do not agree 
that http://antennaweb.org is the most useful tool for all consumers.
---------------------------------------------------------------------------

    \109\ Id.
    \110\ Found at http://www.DTV.gov/maps.
---------------------------------------------------------------------------

    48. These required service loss notices may be no fewer than 30 
seconds long, and must be aired at least once per day, between 8 a.m. 
and 11:35 p.m., by all broadcasters with a 2 percent or greater 
predicted service loss. At least three times per week, they must air in 
primetime.\111\ This requirement is in addition to and not in lieu of 
the other on-air informational requirements for broadcasters, but like 
other consumer education requirements it will expire when a station 
terminates analog broadcasting. This information must also appear on a 
station's internet home page, including a link to the online digital 
reception mapping tool hosted by the Commission.\112\ This information 
must remain available on a station's internet home page for at least 30 
days after the station terminates its analog service, notwithstanding 
the termination of other consumer education requirements. Because we 
are applying this service loss notice requirement to all analog 
broadcasters with a 2 percent or greater predicted service loss, 
regardless of the consumer education option the broadcaster chose, we 
will eliminate the existing service loss notice requirement currently 
applicable to broadcasters that elected to comply with the Option One 
consumer education requirements.\113\
---------------------------------------------------------------------------

    \111\ See Rules Appendix.
    \112\ Found at http://www.DTV.gov/maps. Consumers can also find 
coverage change maps relevant to their market at http://www.fcc.gov/dtv/markets/report2.html.
    \113\ Signal loss information must also be included in the 
viewer notifications required of stations that are terminating 
before June 12, for stations covered by this section.
---------------------------------------------------------------------------

3. Antenna Information
    49. We also proposed that consumer education should include 
information about antennas. We find that antenna information is 
valuable for all viewers, not only those where there is a predicted 
signal loss.\114\ Many viewers would benefit from a refined and 
enhanced understanding of the role their antenna setup plays in 
reception of local stations, and any actions they could take to improve 
reception, particularly actions short of purchasing new equipment.\115\ 
In addition to the general information that must be provided by all 
stations, if a station is changing its broadcast frequency from VHF to 
UHF (or vice versa), it must include information about the need for 
additional or different equipment to avoid loss of service.\116\ We 
will not require specific language, but we do not find NAB's proposed 
language, ``using a VHF/UHF antenna will help ensure reception of all 
stations in your local area,'' sufficiently relevant for every 
situation. Instead, we require that each station that is transitioning 
between the VHF and UHF bands, in either direction, must inform its 
viewers of the change in frequency and remind viewers that they must 
have a UHF or VHF antenna, as appropriate, to receive the signal after 
the transition.\117\ We also proposed in the NPRM to require notices 
describing ``areas where analog signal strength is generally sufficient 
for viewers to rely on an indoor antenna but where it is likely that 
they will need an outdoor antenna to receive the digital signal.'' 
\118\ NAB argues that there is insufficient industry consensus on how 
to model this situation, and that it

[[Page 11312]]

therefore cannot be conveyed.\119\ We agree that specific advice as to 
the use of indoor or outdoor antennas can vary house by house within 
the same neighborhood, and, therefore, we will not require stations to 
include this information. We will require, however, that a station 
whose signal strength will be reduced in a discrete geographic area as 
a result of a shift by the station in its coverage area must address 
this reduction in their antenna information notices.
---------------------------------------------------------------------------

    \114\ NAB's comments support including information about 
antennas in the DTV Consumer Education requirements. NAB Comments at 
33.
    \115\ For instance, stations that are predicted to potentially 
lose some analog viewers should provide guidance to viewers who 
could improve their ability to receive the station's signal by 
obtaining a different or better antenna. See http://www.fcc.gov/dtv/markets/.
    \116\ The implementation of Major Channel Numbers as part of the 
Program System Information Protocol (PSIP) makes it more difficult 
for consumers to determine this information on their own, because a 
station's ``channel'' no longer necessarily reflects its over the 
air frequency. See Third DTV Periodic Report and Order, 23 FCC Rcd 
at 3079-3082, paras 185-189.
    \117\ We encourage stations to be mindful, in preparing their 
notices, that from the perspective of the viewer there is no change 
of channel number even when there is a change of frequency.
    \118\ NPRM at para 64.
    \119\ NAB Comments at 33.
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    50. Antenna information could be included as part of a station's 
existing DTV Consumer Education Initiative efforts,\120\ discussed 
during news programs, or otherwise conveyed in the manner the station 
determines will be most helpful to consumers. The information must be 
provided at least once per day, in a message lasting at least 15 
seconds, with at least three of those messages per week airing during 
primetime.
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    \120\ Option One broadcasters may replace up to 25 percent of 
their daily PSAs and crawls with antenna information notices, 
notwithstanding the other content requirements for Option One 
notices. 47 CFR 73.674(c)(3)(vi) and 4.
---------------------------------------------------------------------------

4. Rescanning
    51. As proposed in the NPRM, we will require all stations to 
provide information to consumers about the need to periodically rescan 
for channels. A digital receiver, whether it is in a digital-to-analog 
converter box, a digital television, or any other device, must ``scan'' 
for available broadcast frequencies before it can be used to tune and 
view digital television.\121\ Most such receivers do not automatically 
``rescan'' for additional channels or changes in existing channels. 
During the time surrounding the conclusion of the transition, many 
stations will be changing the service areas and the broadcast channels 
of their digital transmissions. As a result, viewers will need to 
periodically rescan during this period in order to ensure that they are 
correctly receiving all the digital broadcast services available to 
them. Our experience assisting with outreach and education across the 
nation, however, has made it clear that this concept can be difficult 
to convey to viewers, particularly because digital receivers, including 
different converter boxes, have a variety of different rescanning 
procedures. This makes widespread consumer awareness of the issue 
crucial, so that viewers can take the steps they need to take to 
educate themselves or seek help from others. NAB agrees with the 
Commission about the importance of educating viewers about rescanning, 
and is in fact preparing a public service announcement about rescanning 
that it will make available to all broadcasters.\122\ It suggests that 
stations be given flexibility in providing this information, and we 
agree that this is appropriate. Therefore, we will require all stations 
to broadcast information to consumers about the need to periodically 
rescan, but this information may be provided in the manner of a 
station's choosing. The message could be included as part of a 
station's existing DTV Consumer Education Initiative efforts,\123\ 
discussed during news programs, or broadcast at another time if the 
station determines that will be most helpful to consumers. They must be 
aired at least once per day, in a message lasting at least 15 seconds, 
with at least three of those messages per week airing during 
primetime.\124\
---------------------------------------------------------------------------

    \121\ NPRM at para 66.
    \122\ NAB Comments at 30.
    \123\ Option One broadcasters may replace up to 25 percent of 
their daily PSAs and crawls with notices focused on rescanning, 
notwithstanding the other content requirements for Option One 
notices. 47 CFR 73.674(c)(3)(vi) and 4.
    \124\ See Rules Appendix.
---------------------------------------------------------------------------

5. Consumer Referral Telephone Numbers and Publicizing Consumer Help 
Centers
    52. We will require all stations, when filing the analog service 
termination notification form, to provide us with a telephone number 
that will serve to receive local consumer calls and consumer referrals 
from our national Call Center.\125\ We anticipate that the FCC Call 
Center will be able to help most callers, for instance with converter 
box set-ups, the NTIA coupon program, scanning issues, access to the 
Commission's online mapping tool, and basic antenna guidance. 
Nonetheless, local stations typically are the best source of 
information and assistance for viewers having difficulty receiving a 
particular signal. In particular, where a reception issue may arise due 
to very localized terrain issues, a local station is in a much better 
position to address related concerns than the staff at the FCC's 
national Call Center.
---------------------------------------------------------------------------

    \125\ This telephone number for consumer referrals must be 
provided by March 17, 2009 on the Analog Service Termination 
Notification form, but may be updated as necessary.
---------------------------------------------------------------------------

    53. We expect that the telephone number provided will be one that 
is staffed during business hours with personnel who are prepared to 
answer complex questions from viewers, particularly regarding necessary 
actions to take to get reception in specific locations, and other 
engineering issues. We note that stations should be prepared for an 
increased volume of calls, both referred and locally originating, 
around important dates such as the date the station terminates analog, 
the date many other stations in the market terminate analog, and June 
12. This telephone number may be operated and staffed by the station 
itself, by a group of stations in a market, or by a third party entity 
such as a state broadcasters' association.
    54. We will also require that these telephone numbers, and any 
walk-in centers in the market, be publicized by each station as part of 
their consumer education obligations. In many markets, there may be a 
number of local help centers. These will include volunteer efforts, 
centers run by major network affiliates that are transitioning early, 
and potentially FCC contractors. These locally-focused efforts are 
among the best ways to help consumers who remain unprepared, but they 
are only valuable to the extent that they are made known to viewers. 
Therefore, we will require every station to include at least the 
following elements in its on-air education efforts: the location and 
operating hours of walk-in DTV help centers in the market; the FCC Call 
Center telephone number and TTY number; and the telephone number for 
the station's telephone number for consumer referrals and calls from 
local viewers.\126\ Similar to the rescanning notices, this information 
could be included as part of a station's existing DTV Consumer 
Education Initiative efforts,\127\ discussed during news programs, or 
broadcast at another time if the station determines that will be most 
helpful to consumers. The information must be aired at least once per 
day, in a message lasting at least 15 seconds, with at least three of 
those messages per week airing during primetime.\128\
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    \126\ This information will be available from the Commission at 
our Web site, https://dtvsupport.fcc.gov/dtvtools, compiled using 
the detailed data provided by stations and third party entities.
    \127\ Option One broadcasters may replace up to 25 percent of 
their daily PSAs and crawls with this ``local assistance'' contact 
information, notwithstanding the other content requirements for 
Option One notices. 47 CFR 73.674(c)(3)(vi) and 4.
    \128\ See Rules Appendix.
---------------------------------------------------------------------------

6. 100 Day Countdown
    55. We amend Option Two of the DTV Consumer Education Initiative to 
require each station to air a 60-day countdown to its termination of 
analog service. As discussed above, the Omnibus Order required stations 
to begin a new 100-Day Countdown to June 12, 2009, but we temporarily 
waived that requirement in order to

[[Page 11313]]

consider possible revisions to ensure that the Countdown was as 
effective as possible in educating consumers. We asked in the NPRM how 
we should revise this requirement, and received a number of comments, 
all advocating limitations. There was complete agreement among 
commenters who addressed this proposal that there should be no 
countdown for stations that have already transitioned. In general, 
commenters emphasized that imposition of a 100-day countdown clock for 
stations that have transitioned would cause viewer confusion and would 
not reach those analog viewers most in need of such information.\129\ 
NAB and Mt. Mansfield both argue that the countdown might lead digital 
viewers to believe they need to take further steps to prepare. United 
commented that the ``fundamental differences'' between analog and 
digital broadcasts warrant different consumer education tactics.\130\ 
As discussed above, we agree with these commenters that a station need 
not continue DTV transition education once it has terminated analog 
service. NAB, however, also proposed a more nuanced and limited 
approach to the countdown before a station terminates analog service. 
They would limit all countdowns to 60 days, arguing that this will 
create more urgency once the countdowns begin again.\131\ They would 
permit stations that transition early to air a countdown to their own 
transition, and they would require stations that transition on June 12 
to air a countdown to the national transition deadline.\132\ We largely 
agree with these proposals.
---------------------------------------------------------------------------

    \129\ NAB Comments at 28, Berl Brechner Comments at 1, Mt. 
Mansfield Comments at 3-4, Griffin Comments at 3.
    \130\ United Comments at 2.
    \131\ NAB Comments at Attachment A.
    \132\ NAB Comments at 24.
---------------------------------------------------------------------------

    56. As discussed in the NPRM, a simple nationwide countdown was 
appropriate when the vast majority of stations were planning to 
continue analog programming until the conclusion of the 
transition.\133\ Now that the transition has been delayed, however, we 
anticipate that an appreciable number of the roughly 64 percent of 
stations that did not transition on or before February 17 may 
transition prior to June 12. Under the circumstances, we agree with the 
commenters that requiring an identical and simultaneous countdown to 
June 12 by all Option Two stations could create confusion, and would 
not necessarily reach those viewers most in need of the 
information.\134\ Nonetheless, the countdown clock serves an important 
educational purpose, and stations transitioning early, in particular, 
need to convey the appropriate level of urgency to their viewers. This 
makes NAB's proposal, which would appear to permit stations that 
terminate early to do so without a countdown at all, not entirely 
sufficient to meet the needs of consumer education. Therefore, we will 
require each Option Two station to run a countdown to its own 
termination of analog service, beginning no later than March 17, 2009 
or 60 days prior to its analog termination, whichever date occurs 
later.\135\ As a result, stations that are terminating analog on the 
transition deadline of June 12, 2009, will begin their countdown on 
April 13, 2009 (such that April 13 is day 60, and June 12 is Day Zero). 
Stations that transition earlier will begin counting down earlier, but 
will not be required to begin their countdown earlier than April 1, 
2009.
---------------------------------------------------------------------------

    \133\ DTV Delay Act Omnibus Order, FCC 09-11, para 59.
    \134\ NAB Comments at 28, United Comments at 2, Griffin Comments 
at 3, Berl Brechner Comments at 1, Mt. Mansfield Comments at 3-4
    \135\ Stations may explain the difference between the national 
and station-specific transition to viewers, even simultaneously with 
their countdown clock. For instance, a station could run a graphic 
that shows both the national countdown and the station's countdown 
simultaneously, if they are different. In order to give stations 
more flexibility in the format of these countdown reminders, we will 
remove the maximum duration limits provided for in our rules.
---------------------------------------------------------------------------

7. 30 Minute Informational Videos
    57. We amend the DTV Consumer Education Initiative rules to require 
Option Two and Three broadcasters that are still broadcasting in analog 
to air a new, up-to-date 30 minute informational video before they 
transition. United Communications Corporation agreed with our tentative 
decision not to require stations that have already transitioned to air 
an additional 30-minute informational video, a proposal we adopt.\136\ 
Under the rules as revised in the Omnibus Order, Option Two and Three 
broadcasters must, on at least one day prior to June 12, 2009, air ``an 
informational program on the digital television transition.'' \137\ 
Many, if not most, of the affected broadcasters complied with this 
requirement when the transition was to take place on February 17, and 
their informational programs necessarily reflected that date. For 
stations that have already transitioned, we find that such a program 
met the needs of their viewers. For stations that have not yet 
transitioned, however, we find that a program aired before the adoption 
of the DTV Delay Act cannot be considered sufficiently accurate and 
helpful to viewers. Therefore, we will require such Option Two and 
Three stations to air an up-to-date 30 minute informational program 
before they cease analog programming.
---------------------------------------------------------------------------

    \136\ United Comments at 5.
    \137\ 47 CFR 73.674(d)(5).
---------------------------------------------------------------------------

    58. NAB supports this proposal, but argues that we should not 
require the video to contain locally-specific information. However, we 
find that locally-specific information is the most important, 
particularly for viewers who may not have transitioned because of 
uncertainty regarding continuing service. Therefore, in order to serve 
the consumer educational purposes of the DTV Delay Act, this up-to-date 
30-minute informational video must explain: (1) The change in the 
transition date; (2) when that particular station is transitioning; (3) 
when other stations in the market are transitioning; and (4) service 
loss issues, if any (providing the same information required by the 
rules adopted in section III.C.2, above).
8. Form 388
    59. Finally, we revise Form 388, the DTV Quarterly Activity Station 
Report, to reflect the changes we have made to the DTV Consumer 
Education Initiative broadcaster rules in this Report and Order.\138\ 
The Commission has received approval from OMB for these minor changes 
to the forms.\139\
---------------------------------------------------------------------------

    \138\ All rule changes are reflected in the Appendix to this 
document.
    \139\ See OMB Control No. 3060-1115 (Form 388).
---------------------------------------------------------------------------

D. DTS Signal Loss ``Waiver Policy'' Extended

    60. We extend until December 14, 2009 the deadline for accepting 
DTV distributed transmission system technologies (``DTS'') ``waiver 
policy'' proposals to permit a station to use DTS if doing so will 
enable it to continue to serve its existing analog viewers who would 
otherwise lose service as a result of its transition to digital 
service. In the DTS Order, the Commission adopted a waiver policy to 
enable stations to address the type of loss experienced by WECT, 
Wilmington, NC (channel 6), where many analog viewers of that station 
lost service when the station transitioned to digital-only operations. 
The Commission permitted a station to use DTS if doing so will enable 
it to continue to serve its existing analog viewers within its analog 
Grade B contour who would otherwise lose service as a result of its 
transition.\140\

[[Page 11314]]

The Commission set a deadline of August 18, 2009 for accepting such 
waiver requests, saying that ``providing the flexibility to apply 
within six months after the transition date will allow stations to deal 
with unforeseen circumstances that come to light when they make their 
transition.'' \141\ In comments in response to the NPRM, the Merrill 
Weiss Group LLC (``MWG'') asks that the August deadline be extended 
until December 14, 2009--six months after the June 12 transition 
date.\142\ We agree with MWG and extend until December 14, 2009 the 
deadline for accepting DTS proposals under this waiver policy. We 
expect that DTS can be a useful tool for stations to prevent such loss 
of service to existing analog viewers resulting from changes to the 
station's service area in the transition to digital service and find 
that stations should have access to this tool for up to six months 
after the new June 12 deadline.
---------------------------------------------------------------------------

    \140\ Digital Television Distributed Transmission System 
Technologies, MB Docket No. 05-312, Report and Order, 23 FCC Rcd 
16731, para 28 (2008) (``DTS Order'').
    \141\ Id. The Commission limited the use of DTS under this 
waiver policy to stations that apply on or before August 18, 2009 
``[b]ecause the purpose of this waiver policy is to maintain service 
to existing viewers after the digital transition.'' The Commission 
urged stations to determine right away ``if they anticipate such a 
loss of service to current analog viewers and to apply as soon as 
possible to obtain an STA for DTS operation under the interim policy 
so that they can continue to provide uninterrupted service to the 
current analog viewers within their analog Grade B contour after 
they terminate their analog service.''
    \142\ Merrill Weiss Group LLC (``MWG'') Comments.
---------------------------------------------------------------------------

E. Phased Transition STAs Extended From August 18 to October 18

    61. We reconsider sua sponte our decision in the Omnibus Order and 
give stations with phased transition special temporary authorizations 
(STAs) an additional two months--until October 18, 2009--to complete 
their transition and operate at their full, authorized post-transition 
(DTV) facilities. In addition, we will consider on a case-by-case basis 
extending these phased transition STAs for an additional, but limited, 
period of time upon an appropriate and detailed public interest 
justification explaining why additional time is warranted given the 
station's particular circumstances. Finally, we delegate authority to 
the Media Bureau to consider and act on these phased transition STAs, 
consistent with this Order.
    62. In the Third DTV Periodic Report and Order, the Commission 
adopted two provisions for a ``phased transition'' in an effort to 
offer broadcasters regulatory flexibility in meeting their post-
transition construction deadlines without disappointing viewer 
expectations after the transition deadline.\143\ First, the Commission 
granted a six month STA to stations to temporarily remain on their pre-
transition DTV channel with an option to seek another six months, 
provided the station continues to satisfy the conditions for this STA. 
These stations were required to commence operations on their final, 
post-transition (digital) channel no later than February 18, 2010. 
Second, the Commission granted a one-time six-month STA to stations to 
build less than their full, authorized facility by their construction 
deadline. These flexible options were particularly needed by stations 
planning to use their own or another stations analog equipment for 
post-transition digital operation, which made it impossible for them to 
finalize construction of their digital facilities before February 17th 
without terminating their analog service early. These stations were 
required to commence operations at full, authorized digital facilities 
no later than August 18, 2009.\144\ To qualify for either of these 
phased transition provisions, stations were required to meet a service 
requirement to minimize the loss of service after the transition 
deadline, were prohibited from causing impermissible interference to 
other stations or preventing other stations from making their 
transition, and were required to comply with a viewer notification 
requirement.\145\ We note that stations that started these viewer 
notifications in advance of a previously planned termination that did 
not occur must restart airing these notifications 30 days in advance of 
their phased transition.
---------------------------------------------------------------------------

    \143\ Third DTV Periodic Report and Order, 23 FCC Rcd at 3041.
    \144\ Id.
    \145\ Pursuant to the first phased transition provision, the 
Commission allowed stations that are moving to a different DTV 
channel for post-transition operations to temporarily remain on 
their pre-transition DTV channel while they complete construction of 
their final digital facilities, provided: (1) They build facilities 
that serve at least the same population that receives their current 
analog TV and DTV service so that over-the-air viewers will not lose 
TV service; and (2) They do not cause impermissible interference to 
other stations or prevent other stations from making their 
transition. Pursuant to the second phased transition provision, the 
Commission allowed stations to operate their post-transition 
facilities at less than their full, authorized facilities, provided 
they demonstrated either: (1) A ``unique technical challenge'' (as 
defined in the Third DTV Periodic Report and Order) and could serve 
at least 85 percent of the same population that receives their 
current analog TV and DTV service; or (2) A significant technical 
impediment to the construction of their full, authorized facilities 
that would not otherwise qualify for an extension of time to 
construct facilities under the new, stricter standard adopted in the 
Third DTV Periodic Report and Order and could serve at least 100 
percent of the same population that receives their current analog TV 
and DTV service so that over-the-air viewers will not lose TV 
service. Both phased transition provisions also require the station 
to notify viewers on its analog channel about the station's planned 
delay in construction and operation of post-transition (DTV) 
service. The viewer notifications must occur every day on-air at 
least four times a day including at least once in primetime for the 
30 days prior to the station's termination of full, authorized 
analog service. Third DTV Periodic Report and Order, 23 FCC Rcd at 
3039, para 91.
---------------------------------------------------------------------------

    63. In the First DTV Delay Order, we extended until June 12, 2009 
(the new transition deadline) the construction deadline for stations 
with a deadline of February 17, 2009 (the previous transition 
deadline).\146\ In the Omnibus Order, however, we found it unnecessary 
to automatically extend the deadlines established for stations that 
obtained STAs through the phased transition provisions of the Third DTV 
Periodic Report and Order because, in many cases, we found these STAs 
were granted to address construction impediments due to weather-related 
concerns.\147\ Finally, we noted in the Omnibus Order that, to the 
extent additional time is needed by phased transition stations, they 
must comply with Section 73.3598(b) tolling standard established in the 
Third DTV Periodic Report and Order.\148\ We note that stations with 
the first type of a phased transition STA (i.e., to temporarily remain 
on their pre-transition DTV channel) are already permitted to seek 
Commission approval for extensions up until February 17, 2010, provided 
the station continues to satisfy the conditions for this STA. We will 
scrutinize such requests to be sure that the circumstances justify the 
extension. We will grant such extensions only for as long as is 
absolutely necessary, based on the justifications submitted, and in no 
event beyond February 17, 2010.
---------------------------------------------------------------------------

    \146\ First DTV Delay Order, FCC 09-9 at para 3.
    \147\ See Omnibus Order, FCC 09-11 para 37. See also Third DTV 
Periodic Report and Order, 23 FCC Rcd at 3036-3042, paras 88-97.
    \148\ Specifically, as noted in paragraph 36 of the DTV Delay 
Act Omnibus Order, at para 36, we will apply the extension request 
standard contained in Section 73.624(d)(3) to stations with 
construction deadlines on or before June 12, 2009 and the tolling 
standard set forth in Section 73.3598(b) to all construction 
deadlines occurring June 13, 2009 or later. See 47 CFR 73.624(d)(3) 
(extension standard); and 47 CFR 73.3598(b) (tolling standard). We 
note that the Section 73.3598(b) tolling standard does not provide 
relief for financial hardship, except that paragraph (b)(2) would 
toll the construction deadline for a station that could not build 
because of a pending bankruptcy court action.
---------------------------------------------------------------------------

    64. Some parties object to the decision to limit the length of time 
stations with unique technical challenges could remain at reduced power 
on their post-transition facilities. They seek additional time for such 
stations that

[[Page 11315]]

could demonstrate a need for more time.\149\ For example, Tribune/
Allbritton and UNC-TV explain in their ex partes that their particular 
situations require extensive tower work and coordination that can only 
take place after the stations terminate their analog service.\150\ They 
point out that work can only commence after they terminate analog 
service and that they had planned on a four month process, beginning in 
the spring following the original February 17th transition deadline. 
The delay to June means that they cannot begin work on their post-
transition facilities until mid-June because they will continue to use 
their analog transmission equipment until then.
---------------------------------------------------------------------------

    \149\ See, e.g., Tribune Broadcasting and Allbritton 
Communications (``Tribune and Allbritton'') Ex Parte in MB Docket 
09-17 (dated March 3, 2009); University of North Carolina (``UNC-
TV'') Ex Parte in MB Docket 09-17 (dated March 4, 2009); KTVU 
Partnership (``Cox'') Comments regarding stations KTVU and KICU 
(each dated March 4, 2009); LeSEA Broadcasting Corporation Comments 
(dated March 4, 2009);
    \150\ Ex Parte Comments of Tribune Broadcasting and Allbritton 
Communications (dated March 3, 2009) at 1; Ex Parte Comments of the 
University of North Carolina (filed March 4, 2009) at 3.
---------------------------------------------------------------------------

    65. We believe many other phased transition stations may be in this 
same situation and are, therefore, persuaded to provide two additional 
months to all phased transition stations, thus extending their STAs 
from August 18 to October 18, 2009. Given the limited amount of time 
afforded, and that the service requirement will minimize the loss of 
service after the transition date, we find it appropriate to give this 
two-month blanket extension to all phased transition stations. We find 
that providing this extra time will permit phased transition stations 
to continue providing analog service until the end of the transition 
and that the benefit of full analog service through the transition 
deadline weighs in favor of somewhat reduced post-transition digital 
service for a limited period of time.\151\ Accordingly, we extend until 
October 18, 2009 the construction deadline for stations with a phased 
transition STA deadline of August 18, 2009.
---------------------------------------------------------------------------

    \151\ We note, however, that phased transition stations must 
continue to comply with the Consumer Education requirements until 
they complete construction and commence operation of their full, 
authorized post-transition digital facility.
---------------------------------------------------------------------------

    66. In addition to the blanket two-month extension granted above, 
we will consider on a case-by-case basis extending phased transition 
STAs for stations with unique technical challenges. However, absent a 
tolling justification, no phased transition extensions will be granted 
beyond February 17, 2010. To obtain an additional extension beyond 
October 18, the station must continue to satisfy the conditions for a 
phased transition STA (noted above), which, we clarify, includes a 
requirement that the station provide an appropriate justification 
explaining why additional time is warranted given the station's 
particular circumstances. Such a justification is always required as 
part of the STA approval process, but we note that we will give renewed 
consideration as to whether a particular length of extension is 
warranted in the particular circumstances at issue.

IV. Procedural Matters

A. Statutory Authority

    67. As addressed in detail in the Omnibus Order, we have concluded 
that the rule changes and other actions taken in order to implement the 
DTV Delay Act are not subject to the rulemaking requirements of the 
Administrative Procedure Act,\152\ Congressional Review Act,\153\ 
Regulatory Flexibility Act,\154\ or any other provision of law that 
otherwise would apply and would impede implementation of the statutory 
directives.\155\ No commenter disagreed with our conclusion. We find 
that the rule changes and other actions taken in this Order are, 
therefore, not subject to the above-referenced requirements and, in any 
event, conclude that there is good cause for departure from such 
requirements here for the reasons set forth in the Omnibus Order.
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    \152\ 5 U.S.C. 551, et seq. (APA).
    \153\ 5 U.S.C. 801, et seq. (CRA).
    \154\ 5 U.S.C. 601, et seq. (RFA).
    \155\ DTV Delay Act Omnibus Order, FCC 09-11 at para 70.
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B. Additional Information

    68. For more information, please contact Evan Baranoff, 
[email protected], at 202-418-7142 or Lyle Elder, 
[email protected], at 202-418-2120, of the Media Bureau, Policy 
Division, or Eloise Gore, [email protected], at 202-418-7200, of the 
Media Bureau.

C. Final Paperwork Reduction Act of 1995 Analysis

    69. This Report and Order was analyzed with respect to the 
Paperwork Reduction Act of 1995 (``PRA'') \156\ and contains modified 
information collection requirements. Specifically, this Report and 
Order modifies several existing DTV transition-related information 
collection requirements.\157\ The Commission has received OMB approval 
under OMB's emergency processing rules for these modified information 
collection requirements.\158\ For additional information concerning the 
information collection requirement contained in this Report and Order, 
contact the Office of Managing Director (OMD), Performance Evaluation & 
Records Management (PERM): Cathy Williams, [email protected], at 
202-418-2918.
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    \156\ The Paperwork Reduction Act of 1995 (``PRA''), Public Law 
104-13, 109 Stat 163 (1995) (codified in Chapter 35 of Title 44 
U.S.C.).
    \157\ See OMB Control Nos. 3060-0386 (CDBS Informal Filing 
Forms), 3060-1115 (Form 388 and consumer education requirements), 
and 3060-1117 (viewer notifications for analog service termination).
    \158\ 5 CFR 1320.13.
---------------------------------------------------------------------------

V. Ordering Clauses

    70. It is ordered that, pursuant to the authority contained in 
Sections 1, 2, 4, 7, 303, 309, and 337 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 152, 154, 157, 303, 309, and 337, and 
Sections 2 and 4 of the DTV Delay Act, Public Law 111-4, 123 Stat. 112, 
to be codified at 47 U.S.C. 309(j)(14) and 337(e), this Report and 
Order IS ADOPTED and the Commission's Rules are hereby amended as set 
forth in the Rules Appendix.
    71. It is also ordered that, pursuant to the authority contained in 
Section 4(c) of the DTV Delay Act, DTV Delay Act sec 4(c), the rules, 
requirements, forms and procedures adopted in this Report and Order 
will be effective on March 13, 2009.

List of Subjects in 47 CFR Part 73

    Digital television, Reporting and recordkeeping requirements, and 
Television.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison.

Final Rules

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336.


0
2. Revise Sec.  73.674 to read as follows:


Sec.  73.674   Digital Television Transition Notices by Broadcasters.

    (a) Each full-power commercial and noncommercial educational 
television broadcast station licensee or permittee must air an 
educational campaign about the transition from analog broadcasting

[[Page 11316]]

to digital television (DTV). For each such commercial station, a 
licensee or permittee must elect by March 27, 2008, to comply with 
either paragraph (c) or (d) of this section. For each such 
noncommercial station, a licensee or permittee must elect, by March 27, 
2008, to comply with paragraph (c), (d), or (e) of this section. A 
licensee or permittee must note their election via the filing of Form 
388 as required by Sec. Sec.  73.3526 and 73.3527.
    (b) The following requirements apply to paragraphs (c), (d), and 
(e) of this section:
    (1) The station must comply with the requirements of the paragraph 
it elects with respect to its analog channel and its primary digital 
stream.
    (2) Any Public Service Announcement aired to comply with these 
requirements must be closed-captioned, notwithstanding Sec.  79.1(d)(6) 
of this chapter.
    (3) The campaign must begin no later than March 27, 2008, and 
continue at least through the station's termination of analog service, 
not later than June 12, 2009, except for stations subject to the 
provisions of paragraph (b)(4) of this section.
    (4) Any station that has filed a request for an extension of the 
deadline for construction of its full, authorized post-transition 
digital facility, including a request for phased transition pursuant to 
the Third DTV Periodic Report and Order in MB Docket 07-91, or is 
operating under such an extension, must continue its DTV consumer 
education campaign until the station completes construction of its 
full, authorized post-transition digital facility. After the station 
terminates analog service, it must continue to comply with the 
requirements of the Consumer Education Campaign Option that it has 
elected, except that the content of all on-air education must be 
revised to provide information about the station's limited digital 
service area and the anticipated date for it to complete construction 
and commence operation of its full, authorized post-transition digital 
facility.
    (5) Service Loss Notices--Beginning April 1, 2009, if the FCC's 
Signal Loss Report, available on http://www.dtv.gov, predicts that 2 
percent or more of the population in a station's Grade B analog service 
contour will not receive the station's digital signal, the station must 
air service loss notices, as provided in this paragraph.
    (i) Service loss notices may be no fewer than 30 seconds long, and 
must be aired at least once per day, between 8 a.m. and 11:35 p.m. At 
least three service loss notices per week must air between 8 p.m. and 
11 p.m. in the Atlantic, Eastern and Pacific time zones, and between 7 
p.m. and 10 p.m. in the Mountain, Central, and Alaskan time zones.
    (ii) Service loss notices are in addition to the other obligations 
imposed by this section.
    (iii) The service loss notices must include the FCC's Call Center 
number, 1-888-CALL-FCC, the FCC's TTY number, 1-888-TELL-FCC, and the 
Web site address for the FCC's online digital reception mapping tool, 
http://www.DTV.gov/maps.
    (iv) The station must post service loss information on its Web site 
home page, including a link to the relevant coverage change maps on 
http://www.DTV.gov and the FCC's online digital reception mapping tool, 
http://www.DTV.gov/maps. This information must remain available on the 
station's Web site home page for at least 30 days after the station 
terminates its analog service, notwithstanding the termination of other 
consumer education requirements.
    (v) The loss areas disclosed in the service loss notices must be 
based on the FCC's Signal Loss Report.
    (vi) Service loss notices must disclose that some current viewers 
of the station's analog signal are predicted to experience a loss of 
service and describe the discrete geographic areas where there is 
likely to be a service loss.
    (vii) If any predicted service loss is attributable to a change in 
the station's frequency from VHF to UHF, and the predicted losses 
cannot entirely be described with respect to discrete geographic areas, 
the station must, at a minimum, disclose that some analog viewers 
located in areas obstructed by hills or buildings are predicted to be 
unable to receive the station's digital signal. This is in addition to, 
and not in lieu of, descriptions of any discrete geographic areas where 
there is likely to be a service loss.
    (6) Antenna Information Notices--Beginning April 1, 2009, all 
stations must include information about the use of antennas as part of 
their consumer education campaign, as provided in this paragraph.
    (i) The antenna information notices should provide information 
about the types of antennas that their viewers may need, and how to 
install them.
    (ii) Stations that have changed or are changing the frequency band 
in which they broadcast must inform their viewers of the change in 
frequencies and explain how the change affects the antenna they need to 
receive their signal.
    (iii) Stations that are predicted by the FCC's Signal Loss Report 
to have any loss of viewers should consider whether their viewers can 
improve their ability to receive their signal by obtaining a different 
or better antenna, and if so, provide information concerning such 
antennas.
    (iv) Antenna information notices must be no fewer than 15 seconds 
long, and must be aired at least once per day, between 8 a.m. and 11:35 
p.m. At least three antenna information notices per week must air 
between 8 p.m. and 11 p.m. in the Atlantic, Eastern and Pacific time 
zones, and between 7 p.m. and 10 p.m. in the Mountain, Central, and 
Alaskan time zones.
    (v) Antenna information notices may be included as part of a 
station's DTV Consumer Education Initiative efforts, or may be 
discussed for at least 15 seconds during news programs, or broadcast in 
other ways that the station determines will be most helpful to 
consumers.
    (vi) Notwithstanding the content requirements of paragraph (c) of 
this section, a licensee or permittee electing compliance with 
paragraph (c) of this section may replace up to 25 percent of their 
daily PSAs and crawls with antenna notices.
    (7) Rescanning Notices--Beginning April 1, 2009, all stations must 
include information in their consumer education campaigns to inform and 
remind viewers about the importance of periodically using the rescan 
function of their digital televisions and digital converter boxes, as 
provided in this paragraph.
    (i) Rescanning notices should explain why rescanning is important 
in general and, in particular, if the station is changing channels or 
signal direction.
    (ii) Rescanning notices must be no fewer than 15 seconds long, and 
must be aired at least once per day, between 8 a.m. and 11:35 p.m. At 
least three rescanning notices per week must air between 8 p.m. and 11 
p.m. in the Atlantic, Eastern and Pacific time zones, and between 7 
p.m. and 10 p.m. in the Mountain, Central, and Alaskan time zones.
    (iii) Rescanning notices may be included as part of a station's DTV 
Consumer Education Initiative efforts, or may be discussed for at least 
15 seconds during news programs, or broadcast in other ways that the 
station determines will be most helpful to consumers.
    (iv) Notwithstanding the content requirements of paragraph (c) of 
this section, a licensee or permittee electing compliance with 
paragraph (c) of this section may replace up to 25 percent of their 
daily PSAs and crawls with rescanning notices.

[[Page 11317]]

    (8) Help Center Notices--Beginning April 1, 2009, as part of its 
DTV consumer education campaign, every station must air notices 
providing the location and operating hours of walk-in DTV help centers 
in the station's market area; the FCC Call Center telephone number and 
TTY number; and the station's telephone number for receiving consumer 
referrals and calls from local viewers, as provided in this paragraph.
    (i) Help center notices must be no fewer than 15 seconds long, and 
must be aired at least once per day, between 8 a.m. and 11:35 p.m. At 
least three help center notices per week must air between 8 p.m. and 11 
p.m. in the Atlantic, Eastern and Pacific time zones, and between 7 
p.m. and 10 p.m. in the Mountain, Central, and Alaskan time zones.
    (ii) Help center notices may be included as part of a station's DTV 
Consumer Education Initiative efforts, or may be discussed for at least 
15 seconds during news programs, or broadcast in other ways that the 
station determines will be most helpful to consumers.
    (iii) Notwithstanding the content requirements of paragraph (c) of 
this section, a licensee or permittee electing compliance with 
paragraph (c) of this section may replace up to 25 percent of its daily 
PSAs and crawls with help center notices.
    (c) Consumer Education Campaign Option One:
    (1) From March 27, 2008 through the station's termination of analog 
service or, for stations subject to the provisions of paragraph (b)(4) 
of this section, until the station completes construction of its full, 
authorized post-transition digital facility, a licensee or permittee 
must, at a minimum, air one transition-related public service 
announcement (PSA), and one transition-related informative text crawl, 
in every quarter of every broadcast day. This minimum will increase to 
two of each, per quarter, from April 1, 2008 through September 30, 
2008, and to three of each, per quarter, from October 1, 2008 through 
the conclusion of the campaign. At least one PSA and one informative 
text crawl per day must be aired between 8 p.m. and 11 p.m. in the 
Atlantic, Eastern and Pacific time zones, and between 7 p.m. and 10 
p.m. in the Mountain, Central, and Alaskan time zones.
    (2) For the purposes of this section, each broadcast day consists 
of four quarters; 6:01 a.m. to 12 p.m., 12:01 p.m. to 6 p.m., 6:01 p.m. 
to 12 a.m., and 12:01 a.m. to 6 a.m.
    (3) Informative text crawls must:
    (i) Air during programming;
    (ii) Air for no fewer than 60 consecutive seconds;
    (iii) Be displayed so that the text travels across the bottom or 
top of the viewing area at the same speed used for other informative 
text crawls concerning news, sports, and entertainment information;
    (iv) Be presented in the same language as a majority of the 
programming carried by the station;
    (v) Be displayed so that they do not block and are not blocked by 
closed-captioning or emergency information; and
    (vi) Contain at least the following information, but may contain 
more, provided they contain no misleading or inaccurate statements:
    (A) The nationwide switch to digital television broadcasting will 
be complete on June 12, 2009, but your local television stations may 
switch sooner. After the switch, analog-only television sets that 
receive TV programming through an antenna will need a converter box to 
continue to receive over-the-air TV. Watch your local stations to find 
out when they will turn off their analog signal and switch to digital-
only broadcasting. Analog-only TVs should continue to work as before to 
receive low power, Class A or translator television stations and with 
cable and satellite TV services, gaming consoles, VCRs, DVD players, 
and similar products.
    (B) More information is available by phone and online, and provide 
appropriate contact information, including means of contacting the 
station or the network.
    (4) Public service announcements must have a duration of no fewer 
than 15 consecutive seconds, and contain, at a minimum, the information 
described in paragraph (c)(3)(vi) of this section. They must also 
address the following topics at least once each during every calendar 
week:
    (i) The steps necessary for an over-the-air viewer or a subscriber 
to a multichannel video programming distributor to continue viewing the 
station after the transition;
    (ii) The channel on which the station can be viewed after the 
transition;
    (iii) Whether the station will be providing multiple streams of 
free video programming during or after the transition;
    (iv) Whether the station will be providing a High Definition signal 
during or after the transition;
    (v) The exact date and time that the station will cease analog 
broadcasting; and
    (vi) The exact date and time that the station will begin digital 
broadcasting on its post-transition channel, if it has not already done 
so.
    (d) Consumer Education Campaign Option Two:
    (1) A licensee or permittee must, at a minimum, air an average of 
sixteen (16) transition-related PSAs per week, and an average of 
sixteen (16) transition-related crawls, snipes, and/or tickers per 
week, over a calendar quarter.
    (2) For the purposes of calculating the average number of PSAs 
aired, a 30-second PSA qualifies as a single PSA, and two 15-second 
PSAs count as a single PSA.
    (3) PSAs, crawls, snipes, and/or tickers aired between the hours of 
1 a.m. and 5 a.m. do not conform to the requirements of this section 
and will not count toward calculating the average number of transition-
related education pieces aired.
    (4) Over the course of each calendar quarter, 25 percent of all 
PSAs, and 25 percent of all crawls, snipes, and/or tickers, must air 
between 6 p.m. and 11:35 p.m. (Atlantic, Eastern and Pacific time 
zones) or between 5 p.m. and 10:35 p.m. (Mountain, Central, and Alaskan 
time zones).
    (5) Stations must air a 30-minute informational program on the 
digital television (DTV) transition between 8 a.m.-11:35 p.m. on at 
least one day after April 1, 2009, and prior to the station's 
termination of analog service. The program must contain at least the 
following information:
    (i) The fact that Congress has changed the deadline for the 
national DTV transition to June 12, 2009;
    (ii) The date and approximate time of day when the station airing 
the informational video is terminating analog service;
    (iii) The date and approximate time of day when all other full-
power stations in the same market are terminating analog service;
    (iv) For stations covered by paragraph (b)(5) of this section, the 
same service loss information required by paragraph (b)(5) of this 
section.
    (6) Beginning on April 1, 2009, or sixty (60) days prior to the 
station's termination of analog service, whichever is later, the 
station must begin a 60-Day Countdown to its transition to digital-only 
service. During this period, the station must air at least one of the 
following per day:
    (i) Graphic Display. A graphic super-imposed during programming 
content that reminds viewers graphically there are ``x number of days'' 
until the transition. They will be visually instructed to call a toll-
free number and/or visit a Web site for details. The

[[Page 11318]]

duration must be at least five (5) seconds.
    (ii) Animated Graphic. A moving or animated graphic that ends up as 
a countdown reminder. It would remind viewers that there are ``x number 
of days'' until the transition. They will be visually instructed to 
call a toll-free number and/or visit a Web site for details. The 
duration must be at least five (5) seconds.
    (iii) Graphic and Audio Display. Option 1 or option 
2 with an added audio component. The duration must be at least 
five (5) seconds.
    (iv) Longer Form Reminders. Stations can choose from a variety of 
longer form options to communicate the countdown message. Examples 
might include an ``Ask the Expert'' segment where viewers can call in 
to a phone bank and ask knowledgeable people their questions about the 
transition. The duration must be at least two (2) minutes. (Some 
stations may also choose to include during newscasts DTV ``experts'' 
who may be asked questions by the anchor or reporter about the 
impending transition deadline.)
    (e) Consumer Education Campaign Option Three:
    (1) Only a licensee or permittee of a noncommercial television 
station may elect this option. Under this option, from March 27, 2008, 
through April 30, 2008, a noncommercial broadcaster must, at a minimum, 
air 60 seconds per day of transition-related education (PSAs), in 
variable timeslots, including at least 7.5 minutes per month between 6 
p.m. and 12 a.m. From May 1, 2008, through October 31, 2008, a 
broadcaster must, at a minimum, air 120 seconds per day of transition-
related education (PSAs), in variable timeslots, including at least 15 
minutes per month between 6 p.m. and 12 a.m. From November 1, 2008, 
through the station's termination of analog service, or, for stations 
subject to the provisions of paragraph (b)(4) of this section, until 
the station completes construction of its full, authorized post-
transition digital facility, a broadcaster must, at a minimum, air 180 
seconds per day of transition-related education (PSAs), in variable 
timeslots, including at least 22.5 minutes per month between 6 p.m. and 
12 a.m.
    (2) Noncommercial stations must air a 30-minute informational 
program on the digital television (DTV) transition between 8 a.m.-11:35 
p.m. on at least one day after April 1, 2009, and prior to the 
station's termination of analog service. The program must contain at 
least the following information:
    (i) The fact that Congress has changed the deadline for the 
national DTV transition to June 12, 2009;
    (ii) The date and approximate time of day when the station airing 
the informational video is terminating analog service;
    (iii) The date and approximate time of day when all other full-
power stations in the same market are terminating analog service;
    (iv) For stations covered by paragraph (b)(5) of this section, the 
same service loss information required by paragraph (b)(5) of this 
section.

[FR Doc. E9-5820 Filed 3-13-09; 4:15 pm]
BILLING CODE 6712-01-P