**Before the**

Federal Communications Commission

Washington, D.C. 20554

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | MB Docket No. 08-255         |
|                                  | * |                              |
| Implementation of Short-term     | ) |                              |
| Analog Flash and Emergency       | * |                              |
| Readiness Act; Establishment of  | * |                              |
| DTV Transition "Analog           |   |                              |
| Nightlight" Program              | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | ) |                              |
+----------------------------------+---+------------------------------+

notice of proposed rule making

**Adopted: December 24, 2008 Released: December 24, 2008**

**Comment Date: \[5 days after publication in the Federal Register\]**

**Reply Comment Date: \[8 days after publication in the Federal
Register\]**

By the Commission: Commissioners Copps, Adelstein and McDowell issuing
separate statements.

Table of Contents

Heading Paragraph \#

I. introduction 1

II\. Background AND INITIAL CONCLUSIONS 5

III\. discussion 11

A. Stations Eligible to Provide Analog Nightlight Service 11

1\. Stations Initially Determined to Be Eligible 11

2\. Other Stations That May Meet Eligibility Requirements 15

B. Notifications to the Commission of Program Participation 18

1\. Notifications by Pre-Approved Eligible Stations 18

2\. Requests for Program Participation with Eligibility Showings 20

C. Analog License Extension for Participating Stations 23

D. Permissible Analog Nightlight Programming 25

1\. Emergency Information 26

2\. Transition Information 28

IV\. procedural matters 33

A. Regulatory Flexibility Act Analysis Not Required 33

B. Initial Paperwork Reduction Act of 1995 Analysis 34

C. Ex Parte Rules 35

D. Filing Requirements 36

V. ordering clauses 42

Appendix A -- Initial List of Stations Eligible for Analog Nightlight
Program

APPENDIX B -- List of DMAs Indicating Presence of Stations Initially
Eligible for Nightlight Participation

# introduction

1.  The Short-term Analog Flash and Emergency Readiness Act ("Analog
    Nightlight Act" or "Act")[^1] requires the Commission to develop and
    implement a program by January 15, 2009, to "encourage and permit"
    continued analog TV service after the February 17, 2009 DTV
    transition date, where technically feasible, for the purpose of
    providing "public safety information" and "DTV transition
    information" to viewers who may not obtain the necessary equipment
    to receive digital broadcasts after the transition date. In this
    way, the continued analog service would serve like a "nightlight" to
    unprepared viewers, assuring that these viewers continue to have
    access to emergency information and guiding them with information to
    help them make a belated transition. This Notice describes the
    procedures the Commission intends to follow to implement the Act;
    the nature of the programming permitted by the Act; and the stations
    that are eligible to participate in the Analog Nightlight program.
    Stations that are eligible under the Act to provide nightlight
    service may choose to provide their own service on their analog
    channels, or may choose to work with other stations in their
    community to provide a comprehensive nightlight service on one or
    more analog channels in that community. Stations that cannot
    broadcast their own nightlight service can participate in a joint
    nightlight effort together with other stations in their community by
    providing financial, technical, or other resources.

2.  Congress previously mandated that after February 17, 2009,
    full-power television broadcast stations must transmit only digital
    signals, and may no longer transmit analog signals.[^2] On December
    10, 2008, Congress adopted legislation providing for a short-term
    extension of the analog television broadcasting authority so that
    essential public safety announcements and digital television
    transition information may be provided for a short time during the
    digital transition.[^3] The Analog Nightlight Act requires that, no
    later than January 15, 2009, the Commission develop and implement a
    program to "encourage and permit" the broadcasting of public safety
    and digital transition information for a period of 30 days after the
    digital transition deadline of February 17, 2009.[^4] Given the
    "urgent necessity for rapid administrative action under the
    circumstances,"[^5] we believe that there is good cause to dispense
    with notice and comment requirements under the Administrative
    Procedure Act.[^6] As stated above, the Analog Nightlight Act
    imposes a statutory deadline of January 15, 2009, less than one
    month away, and the Commission has an extraordinarily short time
    period to meet this deadline: the bill was sent to the President for
    his signature on December 12, 2008, and it was enacted into law on
    December 23, 2008. Nonetheless, we are affording interested parties
    an opportunity to participate in the proceeding in order to assist
    in our development of the Analog Nightlight program, and we find
    that a very abbreviated comment period of eight (8) days is
    justified by the exigent circumstances.[^7] This Notice lays out the
    procedures we plan to follow, as well as a preliminary list of the
    stations that we believe will be eligible to participate in the
    Analog Nightlight program. We encourage all stations that qualify to
    notify us promptly, during the comment period, as described below,
    of their intention to participate.

3.  We strongly encourage all eligible stations to participate in the
    provision of a nightlight service to assist consumers during the
    30-day period following the digital transition. We also urge
    stations that are not on the preliminary list of eligible stations
    to determine whether they can participate and to seek Commission
    approval by demonstrating that they will not, in fact, cause harmful
    interference to any other digital station, or to coordinate with
    another broadcaster in their service area to share the costs of
    Analog Nightlight operation on a qualifying station that serves
    their viewers. While some stations may not be able to broadcast
    transition and public safety information on their analog channels
    after February 17, 2009 because of interference to digital signals
    or other technical constraints, we strongly encourage all stations
    to work together to ensure that at least one station serving each
    community provides a nightlight service to assist that community.
    The station whose channel is being used to provide the nightlight
    service will remain responsible for the content of the programming.

4.  The Commission, in conjunction with industry stakeholders,[^8] state
    and local officials, community grassroots organizations, and
    consumer groups, has worked hard to increase consumer awareness of
    the digital transition, and these efforts have been fruitful.[^9]
    All of our efforts will continue and intensify up to and beyond the
    transition deadline. However, it is inevitable that on February 17,
    2009 some consumers will be unaware of the transition, some will be
    unprepared to receive digital signals, and others will experience
    unexpected technical difficulties. For these consumers, the Analog
    Nightlight program adopted by Congress and implemented as we propose
    herein will ensure that there is no interruption in the provision of
    critical emergency information and will provide useful information
    regarding the transition to help consumers establish digital
    service.

# Background AND INITIAL CONCLUSIONS

5.  The Analog Nightlight Act is designed to ensure that those consumers
    who are not able to receive digital signals after the DTV transition
    on February 17, 2009, will not be left without access to emergency
    information.[^10] The Act is also intended to help consumers
    understand the steps they need to take in order to restore their
    television signals.[^11] The analog nightlight was first used by the
    broadcasters in Wilmington, North Carolina, who volunteered to
    transition their market on September 8, 2008. They ceased analog
    broadcasting on that date but continued to broadcast their analog
    signals for roughly a month, displaying a "slate" describing the
    transition and where people could obtain information about it.[^12]
    In enacting the Analog Nightlight Act, Congress acknowledged that
    the FCC and others "have been working furiously" to inform viewers
    about the transition, but also recognized that there will inevitably
    be some consumers left behind.[^13] Congress also recognized that
    when viewers are cut off from their televisions, it is not just a
    matter of convenience but also one of public safety.[^14] The
    concern about readiness is especially acute with regard to the
    nation's more vulnerable citizens -- the poor, the elderly, the
    disabled, and those with language barriers -- who may be less
    prepared to ensure they will have continued access to television
    service.[^15]

6.  Section 2(a) of the Analog Nightlight Act states:

    Notwithstanding any other provision of law, the Federal
    Communications Commission shall, not later than January 15, 2009,
    develop and implement a program to encourage and permit, to the
    extent technically feasible and subject to such limitations as the
    Commission finds to be consistent with the public interest and
    requirements of this Act, the broadcasting in the analog television
    service of only the public safety information and digital transition
    information specified in subsection (b) during the 30-day period
    beginning on the day after the date established by law under section
    3002(b) of the DTV Act\] for termination of all licenses for
    full-power television stations in the analog television service and
    cessation of broadcasting by full-power stations in the analog
    television service.[^16]

7.  Thus, as required by this Act, the Analog Nightlight program will
    permit eligible full-power television stations, as defined below, to
    continue their analog broadcasting for a period of 30 days beginning
    on February 18, 2009, for the limited purpose of providing public
    safety and digital transition information, as further described
    below. The 30 day period ends at 11:59:59 pm on March 19, 2009. As
    discussed below, we will extend the license term for stations
    participating in the Analog Nightlight program.[^17]

8.  Section 2(b) of the Act describes the programming that stations will
    be permitted to broadcast during the nightlight period. That section
    states that the nightlight program shall provide for the broadcast
    of:

```{=html}
<!-- -->
```
(1) emergency information, including critical details regarding the
    emergency, as broadcast or required to be broadcast by full-power
    stations in the digital television service;[^18]

(2) information, in both English and Spanish, and accessible to persons
    with disabilities, concerning-

    A.  the digital television transition, including the fact that a
        transition has taken place and that additional action is
        required to continue receiving television service, including
        emergency notifications; and

    B.  the steps required to enable viewers to receive such emergency
        information via the digital television service and to convert to
        receiving digital television service, including a phone number
        and Internet address by which help with such transition may be
        obtained in both English and Spanish; and

(3) such other information related to consumer education about the
    digital television transition or public health and safety or
    emergencies as the Commission may find to be consistent with the
    public interest.[^19]

```{=html}
<!-- -->
```
9.  Based on these statutory provisions, continued analog broadcasting
    after February 17, 2009, is limited to emergency information and
    information concerning the digital television transition. The Act
    does not contemplate other programming, including advertisements,
    which does not fall into either of these two categories. We seek
    comment on this tentative conclusion.

10. Section 3 of the Act requires, among other things, that the
    Commission consider "market-by-market needs, based on factors such
    as channel and transmitter availability"[^20] in developing the
    nightlight program, and requires the Commission to ensure that the
    broadcasting of analog nightlight information will not cause
    "harmful interference" to digital television signals.[^21] Section 3
    also mandates that the Commission "not require" that analog
    nightlight signals be subject to mandatory cable carriage and
    retransmission requirements.[^22] In addition, Section 3 prohibits
    the broadcasting of analog nightlight signals on spectrum "approved
    or pending approval by the Commission to be used for public safety
    radio services"[^23] and on channels 52-69.[^24] Based on this
    section of the Act, we tentatively conclude that only stations
    operating on channels 2 through 51 are eligible to broadcast in
    analog pursuant to the Act, and that such channels cannot be used
    for analog broadcasting if they cause harmful interference to
    digital television signals. Therefore, a station that is
    "flashcutting" to its pre-transition analog channel for
    post-transition digital operation will not generally be eligible to
    use its analog channel for the Analog Nightlight because to do so
    would by definition interfere with its digital service.[^25] We seek
    comment on these tentative conclusions.

# discussion

## Stations Eligible to Provide Analog Nightlight Service

### Stations Initially Determined to Be Eligible

11. In light of the short period of time provided by the Act to
    implement a nightlight program, we attach as Appendix A hereto an
    initial list of stations that we believe can continue to broadcast
    an analog signal after February 17, 2009 within the technical and
    interference constraints set forth in the statute. The stations
    listed in Appendix A are located in 46 states, plus Washington,
    D.C., Puerto Rico, and the Virgin Islands and are in 136 of the 210
    Designated Market Areas ("DMAS").[^26] Appendix A is not an
    exhaustive list of the stations that may be eligible to participate
    in the Analog Nightlight program, and it most likely underestimates
    the stations that could qualify. Rather, Appendix A represents a
    conservative list that the Commission was able to assemble in the
    limited timeframe contemplated by the legislation based on readily
    accessible information and valid engineering assumptions. As
    discussed above, Section 3(2) of the Act requires the Commission to
    ensure that broadcasting of nightlight signals on analog channels
    does not cause harmful interference to digital television signals.
    In addition, Section 3(5) prohibits the broadcast of nightlight
    service on spectrum that "is approved or pending approval" by the
    Commission for public safety services, and Section 3(6) prohibits
    nightlight service on channels 52--69. We tentatively conclude that
    the stations listed in Appendix A meet these criteria and invite
    comment on this tentative conclusion. As described below, we also
    recognize that additional stations may be able to meet the statutory
    criteria and we provide a mechanism for their participation,
    consistent with the goal of having the Analog Nightlight available
    to as many over-the-air viewers as possible. To that end, the
    Commission will identify those areas in which Analog Nightlight
    service is not available and, within the limited timeframes
    available, seek reasonable solutions ---e.g., whether there is a
    station that can and would stay on to provide Analog Nightlight
    service without causing undue interference, or whether there is a
    low power station that has not transitioned to digital that would be
    willing to transmit the relevant messages. We seek comment on what
    the Commission's appropriate role should be in this regard.

12. The stations listed in Appendix A operate on analog channels 2-51
    and therefore comply with Section 3(6) of the Act. With respect to
    Section 3(2) of the Act, in considering interference protection for
    digital TV stations, we used the +2 dB desired-to-undesired (D/U)
    co-channel and -48 dB adjacent channel signal ratios in 47 C.F.R. §
    73.623 and developed minimum co-channel and adjacent channel spacing
    measures that would ensure that an analog station would not cause
    interference to a DTV station. Meeting these measures, which vary by
    channel band and Zone,[^27] would establish a presumption that
    analog stations that are located the specified distance or greater
    from any operating DTV stations would not cause interference to
    signals in the digital television service. The minimum spacing
    measures used in developing this list are:

  ----------------- --------------- ------------------ -------------------
  **Channel Band**  **Zone (see 47  **Co-Channel       **Adjacent Channel
                    C.F.R. §        Minimum Spacing**  Minimum Spacing**
                    73.609)**                          

  2-6 (Low-VHF)     1               302 km (188 miles) 131 km (81 miles)

  2-6 (Low-VHF)     2 and 3         344 km (214 miles) 156 km (97 miles)

  7-13 (High-VHF)   1               264 km (164 miles) 118 km (73 miles)

  7-13 (High-VHF)   2 and 3         308 km (191miles)  149 km (93 miles)

  14-51 (UHF)       1, 2 and 3      283 km (176 miles) 134 km (83 miles)
  ----------------- --------------- ------------------ -------------------

13. In developing these spacing criteria, we assumed that both the
    analog station being studied and DTV stations in the same vicinity
    are operating at maximum power and antenna height allowed under the
    rules.[^28] We also assumed that viewers would orient their antennas
    toward the desired DTV station and away from an analog station in a
    neighboring or distant market so that the front-to-back reception
    ratio of a user's antenna would be 10 dB at low-VHF, 12 dB at high
    VHF and 14 dB at UHF as indicated in the DTV planning factors set
    forth in our OET Bulletin No. 69 (OET-69).[^29] We further assumed
    that an analog station would not cause interference to a co-located
    adjacent channel digital station, *i.e.*, a digital station within 5
    km (3 miles), and we did not apply adjacent channel protection
    between channels 4 and 5, channels 6 and 7 and channels 13 and 14 as
    those channels are not adjacent in the frequency spectrum. We
    propose to use these separation distances to protect digital TV
    signals from analog signals during the 30-day Analog Nightlight
    period. We request comment on these parameters for protecting
    digital signals from harmful interference for this limited time and
    for this limited purpose. We note that it is our intention to use
    conservative factors, which are more likely to over-protect a
    digital signal, for this purpose rather than to risk interference
    that will hinder viewer reception of DTV signals. In developing
    these criteria based on the statutory mandate, we are attempting to
    balance the goal of encouraging use of the Analog Nightlight to
    benefit viewers who have not obtained the necessary digital
    equipment to receive digital signals, with the public interest in
    promoting good digital signal reception for viewers who have.

14. Public safety services operate in the TV bands in 13 metropolitan
    areas on channels in the range of 14-20 (470-412 MHz) that have
    previously been identified in each area.[^30] To protect these
    operations from interference, new and modified analog TV stations
    are required to protect land mobile operations on channels 14-20 by
    maintaining a co-channel separation of 341 km (212 miles) or more
    and an adjacent channel separation of 225 km (140 miles) or more
    from the geographic coordinates of the center of the metropolitan
    area.[^31] These standards have served well over the years to ensure
    that new and modified analog stations do not cause interference to
    land mobile operations in the TV bands. In developing the Appendix A
    list of analog stations that are eligible to operate after the
    transition ends, we used these same separation standards to protect
    land mobile operations on channels 14-20 from interference from
    analog TV operations.[^32] We note that the analog stations that
    will operate under this authority have been operating without
    causing interference to public safety or other land mobile
    operations in those channels prior to the transition, and we expect
    that these stations will continue to operate in that manner during
    the 30-day Analog Nightlight Act period. We request comment on use
    of these standards and assumptions to protect public safety
    operations on channels 14-20 from interference from analog signals
    used for the Analog Nightlight program.

### Other Stations That May Meet Eligibility Requirements

15. Broadcasters whose stations are not listed in Appendix A and who are
    interested in providing nightlight service may submit engineering
    and other information to demonstrate why they believe they meet the
    criteria identified in the Act. We recognize that there are many
    analog stations that are currently operating close to digital
    stations without causing interference. In such cases, interference
    is avoided by stations operating at less than the maximum allowed
    technical facilities, terrain features, or other conditions
    affecting propagation. We propose to allow stations to notify the
    Commission of their interest in participating in the Analog
    Nightlight program even if their spacing is less than the distances
    proposed above from one or more co-channel or adjacent channel
    digital stations. Such stations should notify us in their comments
    to this Notice and through the Engineering STA process described
    below, and explain how they could operate without causing harmful
    interference to nearby digital station(s). Such explanations may
    consist of analyses using the methods in OET-69 or other recognized
    methodologies for evaluating TV station interference. It is
    important that licensees be aware that interference that an analog
    station may be causing to digital stations prior to February 18,
    2009, will not be allowed to continue after that date unless
    authorized pursuant to paragraph 16.[^33] We anticipate that we will
    be able to rely on the submissions we receive and public review to
    identify stations that may pose a problem. We delegate to the Media
    Bureau authority to address expeditiously issues that may arise
    associated with this process.

16. We tentatively conclude that we will permit a station not listed in
    Appendix A to provide nightlight service if the station would cause
    no more than 0.1 percent new interference to a digital station in
    addition to that reflected in the DTV Table Appendix B.[^34] This
    stringent interference standard, which was used in the channel
    election process, will minimize as much as possible the chance of
    harmful interference from analog nightlight service to DTV service.
    We seek comment on this standard. We also propose to permit a
    station to cause up to, but no more than, 0.5 percent new
    interference to a digital station in addition to the interference
    included in DTV Table Appendix B in areas where there is no station
    listed as eligible in Appendix A or that would meet the 0.1 percent
    interference standard.[^35] We believe that this more-relaxed 0.5
    percent interference standard is warranted where necessary to ensure
    that at least one station will provide the Analog Nightlight
    service, consistent with the Act's purpose of enabling broadcasters
    to provide essential public safety announcements and digital
    television transition information for a short time during the
    transition. We note that Section 3(1) of the Act requires the
    Commission to "take into account market-by-market needs, based upon
    factors such as channel and transmitter availability."[^36] We
    invite comment on whether this provision supports use of a more
    relaxed 0.5 percent interference standard to determine eligibility
    in situations where no station can meet our more stringent
    interference eligibility criteria.

17. The Commission reserves the right to rescind any station's authority
    to provide analog nightlight service if it interferes with
    post-transition digital service in a manner that is more harmful
    than expected and that outweighs the benefit of the time-limited
    analog nightlight service.

## Notifications to the Commission of Program Participation

### Notifications by Pre-Approved Eligible Stations

18. A station listed in Appendix A can be considered pre-approved to
    participate in the Analog Nightlight program but must notify the
    Commission of its intent to participate by filing a Legal STA
    electronically through the Commission's Consolidated Database System
    ("CDBS") using the Informal Application filing form.[^37] These
    notifications are necessary so that we can determine where the
    Analog Nightlight service will be available and also to establish
    the source of any unanticipated interference to a digital station in
    the area. Notifications should be filed as soon as possible and must
    be filed no later than February 10, 2009. A filing fee is normally
    required for Legal STAs; however, to encourage and hasten
    participation in the Analog Nightlight program, we will waive the
    filing fee for timely filed notifications. Because these stations
    are already determined to be eligible to participate in the program,
    we will not require an engineering or other showing. We also remind
    stations choosing to participate in the program to file an update to
    their Transition Status Report (FCC Form 387).[^38] We seek comment
    on this proposal.

19. In light of the extremely short period of time before the
    transition, we encourage stations to review Appendix A and to notify
    the Commission during the comment cycle if they intend to
    participate in the Analog Nightlight program. To ensure that these
    notifications are properly recorded, stations filings comments
    should also file a notification through the Legal STA process
    described above. As noted above, participation is voluntary, but we
    encourage stations to make these determinations and commitments as
    quickly as possible. These early indications of participation will
    facilitate Commission determination of the need to permit additional
    stations that are not included on the initial list to participate.

### Requests for Program Participation with Eligibility Showings

20. Stations that are not listed in the final Appendix A to the Report
    and Order in this proceeding, may nevertheless request to
    participate in the Analog Nightlight Program by filing an
    Engineering STA notification electronically through CDBS using the
    Informal Application filing form.[^39] A filing fee is normally
    required for an Engineering STA; however, to encourage participation
    in the Analog Nightlight program, we will waive the filing fee for
    timely filed requests. In addition, to hasten the process and expand
    the pool of eligible participants, broadcasters whose stations are
    not listed in Appendix A to this Notice that believe they are
    nevertheless eligible to participate may file comments in this
    proceeding demonstrating their eligibility to participate in the
    program. To ensure that these requests are properly recorded,
    stations filing comments should also file a notification through the
    Engineering STA process. If there are objections to these
    notifications, they can be filed as reply comments in this
    docket.[^40] We will revise Appendix A as warranted in the Report
    and Order.

21. To demonstrate eligibility, a station must include an engineering
    showing demonstrating that the station will cause no more than 0.1%
    interference, which is the standard the Commission used for the
    channel election process.[^41] This conservative measure of
    interference will ensure that stations continuing to broadcast an
    analog signal will not cause harmful interference to digital
    service. A station may propose to reduce its current analog power in
    order to remain within this interference level. Alternatively, a
    station may demonstrate that there is no other station in the area
    that is eligible to or planning to remain on the air to participate
    in the Analog Nightlight program and thus justify up to 0.5%
    interference to digital stations.

22. In order to afford an opportunity for public consideration of these
    Engineering STA notifications, stations must file no later than
    February 3, 2009. This timing will allow the Commission, the public
    and other interested parties an opportunity to review and evaluate
    these requests. The Media Bureau will announce by Public Notice
    those stations that have filed a request to participate in the
    program.[^42] Before February 17, 2009, stations with requests that
    are not subject to any pending objection will be considered eligible
    to participate in the program. Nevertheless, participating stations
    must immediately stop broadcasting Analog Nightlight operations upon
    any valid complaints of interference to DTV stations or other
    statutorily protected operations. We also remind stations choosing
    to participate in the program to file an update to their Transition
    Status Report (FCC Form 387).[^43] We seek comment on this proposed
    process and the criteria set forth above.

## Analog License Extension for Participating Stations 

23. Television broadcast licenses currently contain the following
    language concerning analog service:

    This is to notify you that your application for license is subject
    to the condition that on February 17, 2009, or by such other date as
    the Commission may establish in the future under Section
    309(j)(14)(a) and (b) of the Communications Act, the licensee shall
    surrender either its analog or digital television channel for
    reallocation or reassignment pursuant to Commission regulations. The
    Channel retained by the licensee will be used to broadcast digital
    television only after this date.[^44]

24. The Report and Order in this proceeding will grant a blanket
    extension of license to broadcasters who participate in the Analog
    Nightlight program to operate for a period of 30 days after February
    17, 2009, *i.e.*, until and including March 19, 2009. We delegate
    authority to the Media Bureau to issue a Public Notice just before
    the transition date announcing those stations that are participating
    in the Analog Nightlight program. The Media Bureau's Public Notice
    will establish the right of those licensees whose stations are
    identified in the Public Notice to continue to operate their
    stations in analog on their analog channels solely for the purpose
    of providing the Analog Nightlight service as described in the
    Report and Order.

## Permissible Analog Nightlight Programming 

25. Consistent with the explicit language of the Act, we tentatively
    conclude that nightlight programming may convey only emergency
    information, as that term is defined in 47 C.F.R. § 79.2, and
    information regarding the digital transition. All such information
    should be available in both English and Spanish and accessible to
    persons with disabilities. We also encourage participating stations
    to provide the information in additional languages where appropriate
    and beneficial for their viewers. No other programming or
    advertisements will be permitted. As stated below, we seek comment
    on these tentative conclusions.

### Emergency Information

26. Under Part 79 of our rules, emergency information is defined as
    follows:

    Information about a current emergency, that is intended to further
    the protection of life, health, safety, and property, *i.e*.,
    critical details regarding the emergency and how to respond to the
    emergency. Examples of the types of emergencies covered include
    tornadoes, hurricanes, floods, tidal waves, earth quakes, icing
    conditions, heavy snows, widespread fires, discharge of toxic gases,
    widespread power failures, industrial explosions, civil disorders,
    school closings and changes in school bus schedules resulting from
    such conditions, and warning and watches of impending changes in
    weather.[^45]

27. Thus, in the event of an emergency situation during the 30 day
    nightlight period, stations may broadcast video and audio concerning
    such emergencies, including but not limited to a crawl or text
    describing the emergency, live or taped action regarding the
    emergency, programming concerning the emergency, and the like.
    Licensees providing emergency information must make that information
    accessible to persons with disabilities under 47 C.F.R. Section
    79.2. We also note that the Emergency Alert System ("EAS") would
    apply to the Analog Nightlight service to the extent an emergency
    arises during the 30 day time frame. EAS "provides the President
    with the capability to provide immediate communications and
    information to the general public at the National, State and Local
    Area levels during periods of national emergency," and, in addition,
    "may be used to provide the heads of State and local government, or
    their designated representatives, with a means of emergency
    communication with the public in their State or Local Area."[^46]

### Transition Information

28. With respect to the digital television transition, we tentatively
    conclude that stations airing a nightlight signal may broadcast any
    information that is relevant to informing viewers about the
    transition and how they can continue to obtain television service.
    Examples of the kind of information a station may want to air
    include, but are not limited to: general information about the
    transition; information about how viewers can receive digital
    signals; information about the circumstances related to the DTV
    transition in the station's market; answers to commonly asked
    questions and other useful information (*e.g.*, how to re-position
    an antenna or install a converter box); where viewers can obtain
    more information about the transition in their local community,
    including a telephone number and website address for the station
    providing the nightlight service and other stations in the community
    and any other local sources of transition information and
    assistance; information about the DTV converter box coupon program;
    and information or links to other websites containing DTV
    information, including the FCC, National Association of Broadcasters
    (NAB) and National Telecommunications and Information Administration
    (NTIA) websites.[^47] Based on the limitations in the statute, we
    tentatively conclude that advertisements are not permitted to be
    included in the Analog Nightlight program.[^48] We seek comment on
    this tentative conclusion.

29. Section 2(b)(2) of the Act provides for the broadcast of
    information, "in English and Spanish and accessible to persons with
    disabilities," concerning the digital transition and certain other
    information.[^49] We tentatively conclude that such information may
    be made available in either open or closed captioning. In addition,
    as the Act provides, the Analog Nightlight information should
    include a telephone number and Internet address by which help with
    the transition may be obtained in both English and Spanish.[^50] We
    seek comment on the specific contact information that stations
    should provide to consumers. We ask state broadcaster associations
    to inform us of their plans to have local numbers, or local call
    centers, available to provide assistance to viewers with questions
    about local signal reception. In the interim, we encourage
    broadcasters to make local phone numbers available to the public
    and, where feasible, establish local call centers.

30. We seek comment on the types of information that may be provided and
    additional sources for consumers to contact. With regard to the kind
    of emergency information noted in Section 2(b)(1) of the Act, we
    note that, pursuant to Section 79.2 of our rules, such information
    must be provided in an accessible visual format, but does not
    require that it be open or closed captioned. Such information must
    not only be accessible to individuals who are deaf and hard of
    hearing, but also to individuals who are blind or have low vision.
    Pursuant to Section 79.2 (b)(ii) and (iii), this is achieved through
    open aural description (in the case of (ii)) or by the use of an
    aural tone in (iii) to alert those with vision disabilities that
    they should turn to a radio or some other source of information. We
    seek comment on whether these methods are sufficient for purposes of
    Section 2(b)(2) of the Act. We also invite comment about other ways
    we can ensure that information is conveyed to people with
    disabilities.

31. We tentatively conclude that the Analog Nightlight information may
    be aired using a "slate" with text and audio of the text or other
    DTV information, as well as information, if necessary describing the
    steps viewers must take to obtain emergency information.[^51]
    Participants in the Analog Nightlight program may also air a video
    loop with audio, or broadcast live action with audio format, or any
    combination thereof.[^52] We note that during the early transition
    in Wilmington, NC, stations used a slate to provide nightlight
    service.[^53] NAB has also recently announced that it will produce
    and distribute a brief DTV educational video that stations can air
    as part of the Analog Nightlight program.[^54]

32. In general we seek comment on these tentative conclusions and
    proposals regarding nightlight programming and invite commenters to
    suggest other kinds of information that stations could provide to
    assist viewers.

# procedural matters

## Regulatory Flexibility Act Analysis Not Required

33. We find that no Initial Regulatory Flexibility Analysis (IRFA) is
    required for this *Notice of Proposed Rule Making*. As stated above,
    because of the "urgent necessity for rapid administrative action
    under the circumstances,"[^55] we find that there is good cause to
    dispense with notice and comment requirements under the
    Administrative Procedure Act.[^56] The Analog Nightlight Act imposes
    a statutory deadline of January 15, 2009, less than one month away,
    and the Commission has an extraordinarily short time period to meet
    this deadline: the bill was sent to the President for his signature
    on December 12, 2008, and it was enacted into law on December
    23, 2008. For this reason, we find that an IRFA is not required.
    Nonetheless, we invited comment from interested parties in order to
    assist in our development of the Analog Nightlight program.

## Initial Paperwork Reduction Act of 1995 Analysis

34. This Notice of Proposed Rulemaking was analyzed with respect to the
    Paperwork Reduction Act of 1995 ("PRA")[^57] and contains a modified
    information collection requirement.[^58] The Commission will seek
    approval under the PRA under OMB's emergency processing rules[^59]
    for these information collections in order to implement the
    Congressional mandate for the FCC to develop and implement a program
    by January 15, 2009, to encourage and permit TV broadcast stations
    to use this opportunity to provide public safety information and DTV
    transition information.[^60] We believe there is good cause for
    requesting emergency PRA approval from OMB because of the January
    15, 2009 statutory deadline for implementing the Nightlight Act,
    which was enacted by Congress only this month,[^61] as well as the
    brief 30-day period during which the Act's provisions will be in
    force, circumstances which make the use of normal OMB clearance
    procedures reasonably likely to cause the Act's statutory deadlines
    to be missed. In addition, any delay in implementing this
    Congressional mandate can result in harm to TV stations, and, in
    turn, to their viewers. For additional information concerning the
    PRA proposed information collection requirements contained in this
    *Notice*, contact Cathy Williams at 202-418-2918, or via the
    Internet to Cathy.Williams@fcc.gov.

## Ex Parte Rules 

35. [Permit-But-Disclose]{.underline}*.* This proceeding will be treated
    as a "permit-but-disclose" proceeding subject to the
    "permit-but-disclose" requirements under section 1.1206(b) of the
    Commission's rules.[^62] *Ex parte* presentations are permissible if
    disclosed in accordance with Commission rules, except during the
    Sunshine Agenda period when presentations, *ex parte* or otherwise,
    are generally prohibited. Persons making oral *ex parte*
    presentations are reminded that a memorandum summarizing a
    presentation must contain a summary of the substance of the
    presentation and not merely a listing of the subjects discussed.
    More than a one- or two-sentence description of the views and
    arguments presented is generally required.[^63] Additional rules
    pertaining to oral and written presentations are set forth in
    section 1.1206(b).

## Filing Requirements

36. [Comments and Replies]{.underline}. Pursuant to Sections 1.415 and
    1.419 of the Commission's rules,[^64] interested parties may file
    comments and reply comments on or before the dates indicated on the
    first page of this document. Comments may be filed using: (1) the
    Commission's Electronic Comment Filing System ("ECFS"), (2) the
    Federal Government's eRulemaking Portal, or (3) by filing paper
    copies.[^65]

37. [Electronic Filers]{.underline}*:* Comments may be filed
    electronically using the Internet by accessing the ECFS:
    http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal:
    http://www.regulations.gov. Filers should follow the instructions
    provided on the website for submitting comments. For ECFS filers, in
    completing the transmittal screen, filers should include their full
    name, U.S. Postal Service mailing address, and the applicable docket
    or rulemaking number. Parties may also submit an electronic comment
    by Internet e-mail. To get filing instructions, filers should send
    an e-mail to ecfs@fcc.gov, and include the following words in the
    body of the message, "get form." A sample form and directions will
    be sent in response.

38. [Paper Filers]{.underline}*:* Parties who choose to file by paper
    must file an original and four copies of each filing. Filings can be
    sent by hand or messenger delivery, by commercial overnight courier,
    or by first-class or overnight U.S. Postal Service mail (although we
    continue to experience delays in receiving U.S. Postal Service
    mail). All filings must be addressed to the Commission's Secretary,
    Office of the Secretary, Federal Communications Commission.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The
    filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of before entering the building.

-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, MD 20743.

-   U.S. Postal Service first-class, Express, and Priority mail should
    be addressed to 445 12th Street, SW, Washington DC 20554.

39. [Availability of Documents]{.underline}. Comments, reply comments,
    and *ex parte* submissions will be available for public inspection
    during regular business hours in the FCC Reference Center, Federal
    Communications Commission, 445 12^th^ Street, S.W., CY-A257,
    Washington, D.C., 20554. These documents will also be available via
    ECFS. Documents will be available electronically in ASCII, Word 97,
    and/or Adobe Acrobat.

40. [People with Disabilities]{.underline}: To request materials in
    accessible formats for people with disabilities (braille, large
    print, electronic files, audio format), send an e-mail to
    fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
    202-418-0530 (voice), 202-418-0432 (tty).

41. [Additional Information]{.underline}. For additional information on
    this proceeding, contact Kim Matthews, Kim.Matthews@fcc.gov, or Evan
    Baranoff, Evan.Baranoff@fcc.gov, or Eloise Gore,
    Eloise.Gore@fcc.gov, of the Media Bureau, Policy Division, (202)
    418-2120; Gordon Godfrey, Gordon.Godfrey@fcc.gov, of the Media
    Bureau, Engineering Division, (202) 418-7000; Nazifa Sawez,
    Nazifa.Sawez@fcc.gov, of the Media Bureau, Video Division, (202)
    418-1600; or Alan Stillwell, Alan.Stillwell@fcc.gov, of the Office
    of Engineering and Technology, (202) 418-2470.

# ordering clauses

42. Accordingly, IT IS ORDERED that, pursuant to Sections 1, 4(i),
    303(r), 316, and 336 of the Communications Act of 1934, 47 U.S.C. §§
    151, 154(i), 303(r), 316, and 336, and the Short-term Analog Flash
    and Emergency Readiness Act of 2008, NOTICE IS HEREBY GIVEN of the
    proposals and tentative conclusions described in this *Notice of
    Proposed Rulemaking*.

43. IT IS FURTHER ORDERED that the Reference Information Center,
    Consumer Information Bureau, shall send a copy of this Notice of
    Proposed Rulemaking, including the Initial Regulatory Flexibility
    Analysis, to the Chief Counsel for Advocacy of the Small Business
    Administration.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**APPENDIX A**

**Initial List of Stations Eligible for Analog Nightlight Program**

**\[Note: This appendix will be attached as a separate MS Excel
file.\]**

**APPENDIX B**

**List of DMAs Indicating Presence of Stations Initially Eligible for
Nightlight Participation**

**\[Note: This appendix will be attached as a separate MS Excel
file.\]**

**STATEMENT OF**

**COMMISSIONER MICHAEL J. COPPS**

RE: Implementation of Short-term Analog Flash and Emergency Readiness
Act; Establishment of DTV Transition "Analog Nightlight" Program, MB
Docket No. 08-255

A key lesson coming out of the DTV transition in Wilmington, NC on
September 8 was the importance of broadcasting an analog message to the
many consumers who were unprepared for the switch. Within days of the
Wilmington test, I asked the Commission to develop market-by-market
plans across the country, based upon factors such as analog channel and
transmitter availability and industry willingness to participate. Then
Senator Rockefeller and Representative Capps introduced their very
forward-looking "analog nightlight" legislation, which passed the Senate
on November 23 and the House on December 11. This legislation
appropriately gives the FCC a short turnaround time---January 15,
2009---to fully implement a program in time for the upcoming transition.
I commend Senator Rockefeller and Representative Capps for their
tremendous work in seeing this important legislation through in such a
compressed timeframe. It is now up to us to implement it just as
effectively.

Unfortunately, today's item lacks the thoroughness that I think Congress
expects of us. I am particularly disappointed that little engineering
work seems to have been done to maximize the number of stations that can
participate in the program. Instead, the Notice applies a distance
separation standard that protects against interference by requiring that
Analog Nightlight stations be 164 miles or more from DTV stations
operating on the same channel. The item acknowledges that this approach
is "conservative" and likely over-protects digital signals from
interference. In other words, it is a blunt instrument that contains
fewer Analog Nightlight stations than can and should be accommodated. As
a result, the Notice fails to identify a single potential Analog
Nightlight station in 74 of 210 DMAs nationwide.

The item does propose to permit individual stations that do not meet the
mileage separation requirements to submit their own engineering studies
to demonstrate that they will not cause actual interference. I hope they
do that, but we should not be placing the entire burden on individual
stations to go to the trouble and expense of hiring engineering
consultants and filing proposals with the FCC at this late date. The
stakes are too high and time is too short. I do welcome my colleagues'
willingness to commit the FCC to identifying those areas where Analog
Nightlight service will not be available and trying to find possible
solutions. But it's late in the day and this is not the way that a
coordinated and proactive public-private partnership should work.

**STATEMENT OF**

**COMMISIONER JONATHAN S. ADELSTEIN**

RE: Implementation of Short-term Analog Flash and Emergency Readiness
Act; Establishment of DTV Transition "Analog Nightlight" Program, MB
Docket No. 08-255

Today, the Commission takes the first step toward developing a
systematized approach to deal with the post-DTV transition period. An
analog nightlight program for full-power stations to transmit
DTV-related or emergency information after the transition date of
February 17, 2009, is absolutely essential to help inform many
over-the-air reliant households if they fail to transition before the
deadline. I commend Senator Rockefeller, Congresswoman Capps, the
leadership of the House and Senate committees that oversee us, and
Congress as a whole for their quick action on this time-sensitive
legislation. I am pleased that the Commission and Media Bureau staff
acted without delay to implement the Short-term Analog Flash and
Emergency Readiness Act.

I have visited many American television markets and been impressed with
the level of commitment and cooperation exhibited by broadcasters, cable
and satellite operators, and business and community groups. Throughout
the country, broadcasters understand the stakes and are taking steps to
provide assistance to their viewers. I have talked about the analog
nightlight program with broadcasters and many have expressed interest.
In certain markets, broadcasters have even talked about pooling
resources to finance the costs of preserving the analog signal on one
station post-transition. This quick action by Congress, the President
and the Commission provides them the opportunity.

The stations that have been initially determined in this item to be
eligible to implement this nightlight program are in only 136 of the 210
television markets throughout the nation. I strongly encourage stations
in markets without such pre-approved stations to seriously consider
participating in this program as a public service to your viewing
community. Each station participating in this "analog nightlight"
program will effectively serve as "lifeline" to households that have
delayed in transitioning. This will ensure that we leave no household
uninformed after the transition.

**STATEMENT OF**

**COMMISSIONER ROBERT M. McDOWELL**

RE: Implementation of Short-term Analog Flash and Emergency Readiness
Act; Establishment of DTV Transition "Analog Nightlight" Program, MB
Docket No. 08-255

I am pleased to support this effort to quickly implement the Short-term
Analog Flash and Emergency Readiness ("SAFER") Act, which will permit
certain full-power television stations to continue limited analog
broadcasts after the February 17, 2009, deadline for the nation's
transition to digital television ("DTV"). Congress has directed the
Commission to swiftly provide a program to help those American TV
households caught unprepared by the digital transition by allowing
television stations technically capable of continuing to broadcast an
analog signal after February 17 (that does not interfere with all the
new DTV signals) to air analog messages limited to DTV education and
public safety information until March 19, 2008. We all hope that these
messages will significantly assist those TV viewers who rely solely on
rabbit-ear or rooftop antennas with soon-to-be-outmoded analog sets to
obtain television service.

"Analog nightlight" programming can -- and, to my way of thinking,
should -- provide more than just general information about the
transition. Rather, I hope to see the "nightlight" stations provide
their local audiences with specific information about such matters as
obtaining converter boxes, re-positioning antennas, and how they can
obtain further one-on-one assistance. I look forward to working with the
industry to rapidly finalize plans for phone banks that will provide
viewers with helpful information in the most direct and accessible
manner possible.

I also note that our initial engineering analysis indicates that many
local communities may have no station eligible to provide "nightlight"
service. Our analysis is a conservative one, however, which means that
at least some stations in those markets may be able to find a technical
way around potential interference issues. For this reason, I strongly
support the Notice's call for stations in such communities to seriously
consider whether they can, in fact, address the need and submit
engineering showings to make their service possible.

Finally, as I have said before, although we are striving to smooth the
way for the DTV transition, it is likely to be messy for those who, by
choice or circumstance, must depend on converter boxes to keep TV
service in their homes. I continue to encourage everyone to join
government and industry to help those most at risk of being left behind
when the change comes: the elderly, the infirm, low-income individuals,
and non-English speakers. People should not wait until February 17 to
help themselves and their neighbors, friends, and family get ready for
DTV. I particularly urge those who don't need the government subsidy not
to wait on that process before purchasing a converter box for themselves
or as a gift for someone else. During the weeks it takes for the
government to process coupon requests, you will lose precious time to
hook up the box, check antenna connections, and start enjoying free
digital broadcast TV right away.

[^1]: *See* Short-term Analog Flash and Emergency Readiness Act ("Analog
    Nightlight Act" or "Act"), S. 3663, 110th Cong., as enacted December
    23, 2008.

[^2]: *See* Digital Television and Public Safety Act of 2005 ("DTV
    Act"), which is Title III of the Deficit Reduction Act of 2005, Pub.
    L. No. 109-171, 120 Stat. 4 (2006) (*codified at* 47 U.S.C. §§
    309(j)(14) and 337(e)).

[^3]: *See* Analog Nightlight Act, Section 2.

[^4]: *Id*.

[^5]: *Omnipoint Corp. v. FCC*, 78 F.3d 620, 629 (D.C. Cir. 1996)
    (upholding seven-day comment period for rules in twice-delayed C
    Block auction given urgent necessity for rapid administrative
    action) (internal quotes and cites omitted).

[^6]: *See* 5 U.S.C. § 553(b); *Petry v. Block*, 737 F.2d 1193, 1200-01
    (D.C. Cir. 1984) (holding that the limited time Congress gave the
    Department of Agriculture was a "crucial factor in establishing
    'good cause'"). *See also* Analog Nightlight Act, Section 2(a)
    ("Notwithstanding any other provision of law, the Federal
    Communications Commission shall, not later than January 15, 2009,
    develop and implement a program...).

[^7]: As noted above, the Analog Nightlight Act directs the Commission
    to implement its provisions by January 15, 2009,
    "\[n\]otwithstanding any other provision of law." We find that a
    longer comment period would make timely implementation impracticable
    and, therefore, would be inconsistent with the Act's provisions.
    Comments must be filed no later than five days after this Notice is
    published in the Federal Register, and replies must be filed no
    later than eight days after publication. Notwithstanding the holiday
    season, these dates will not be extended.

[^8]: Many industry members have been working hard to educate consumers
    about the upcoming transition including broadcasters, multichannel
    video programming distributors, telecommunications companies,
    satellite providers, manufacturers, and retailers.

[^9]: According to the latest Nielsen DTV report, more than 92 percent
    of U.S. households are aware of and prepared, at least to some
    extent, for the transition. *See* "Nielsen Says Fewer Households Are
    Unprepared for DTV Transition -- But Finds That 7.4 % of Households
    Still 'Completely Unready' for Feb. 17 Deadline,"
    http://www.multichannel.com/article/CA6617639.html.

[^10]: *See* Senate floor statement -- Short-Term Analog Flash and
    Emergency Readiness Act (S. 3663), November 20, 2008 ("Senate floor
    statement").

[^11]: *Id.*

[^12]: *See* News Release, "Wilmington Broadcasters Will Provide
    Emergency Announcements and Informational Messages about the DTV
    Transition after September 8 on Traditional Analog Channels," FCC,
    August 18, 2008. The text aired by the Wilmington stations consisted
    of the following: "At 12 noon on September 8, 2008, commercial
    television stations in Wilmington, North Carolina began to broadcast
    programming exclusively in a digital format. If you are viewing this
    message, this television set has not yet been upgraded to digital.
    To receive your television signals, upgrade to digital now with a
    converter box, a new TV set with a digital (ATSC) tuner or by
    subscribing to a pay service like cable or satellite. For more
    information call: 1-877-DTV-0908 or TTY: 1-866-644-0908 or visit
    www.DTVWilmington.com."

[^13]: *See* House floor statement -- Short-Term analog Flash and
    Emergency Readiness Act (S. 3663), December 10, 2008.

[^14]: *See* Senate floor statement.

[^15]: *Id*.

[^16]: Analog Nightlight Act, Section 2(a).

[^17]: *See infra*, § III.C.

[^18]: Section 4 of the Act states that the term "emergency information"
    has the same meaning as that term has under Part 79 of the FCC's
    rules. See Analog Nightlight Act, Section 4.

[^19]: Analog Nightlight Act, Section 2(b).

[^20]: Analog Nightlight Act, Section 3(1).

[^21]: Analog Nightlight Act, Section 3(2).

[^22]: Analog Nightlight Act, Section 3(3).

[^23]: Analog Nightlight Act, Section 3(5).

[^24]: Analog Nightlight Act, Section 3(6).

[^25]: As discussed below, a station that is approved for a phased
    transition to remain on its pre-transition digital channel may be
    permitted to use its analog channel for the analog nightlight
    program if doing so does not delay its transition to digital
    service. These circumstances will be evaluated on a case-by case
    basis.

[^26]: Appendix A includes stations that have terminated or plan to
    terminate analog service before February 17, 2009, including the
    stations in Hawaii that are transitioning statewide on January 15,
    2009, and the stations in the Wilmington, North Carolina DMA that
    transitioned on September 8, 2008. These stations could continue or
    resume analog broadcasting as part of the Analog Nightlight program
    without causing harmful interference. This Appendix also lists
    stations that are going to remain on their pre-transition digital
    channel for a period of time after February 17, 2009 while they are
    completing construction of their final post-transition channel. In
    the listed instances, these stations could use their analog channel
    for the Analog Nightlight program. Appendix A does not include
    stations licensed to communities in Delaware, New Jersey, New
    Hampshire, or Rhode Island. *See also* Appendix B, which lists all
    210 DMAs and indicates which DMAs do or do not include a station
    that is listed in Appendix A.

[^27]: For the purposes of allotment and assignment, the United States
    is divided into three zones as defined in Section 73.609. Roughly,
    Zone I includes areas in the northeastern and some midwestern
    states, Zone III includes the area along the Gulf of Mexico, and
    Zone II includes all areas that are not in Zone I or Zone III. 47
    C.F.R. § 73.609.

[^28]: The maximum transmit antenna height above average terrain
    (antenna HAAT) and power limits for low-VHF (channels 2-6), high-VHF
    (channels 7-13), and UHF (channels 14-51) stations are set forth in
    Section 73.622(f) of the rules, 47 C.F.R. § 73.622(f). The maximum
    antenna HAAT allowed for DTV stations on channels 2-13 is 305 meters
    and on channels 14-51 is 365 meters (power reductions are required
    if higher antennas are used), the maximum power limits are 1) for
    low-VHF, 10 kW in Zone I and 45 kW in Zones II and III 2) for
    hi-VHF, 30 kW in Zone I and 160 kW in Zone II and 3) for UHF, 1000
    kW. Certain stations were allowed to use somewhat higher power on
    their DTV channels in order to replicate their analog stations;
    however, for purposes of this brief 30 day extension of analog
    operation we would assume that all stations are operating at power
    levels no higher than the maximum levels in the rules. The minimum
    technical criteria (D/U ratios) for protection of digital television
    signals from interference from analog signals are set forth in
    Section 73.623(c)(2) of the rules, 47 C.F.R. § 73.623(c)(2). In
    developing these spacing measures we also used 1) the F(50,90)
    curves as derived from the F(50,50) and F(50,10) curves in Section
    73.699 of the rules, 47 C.F.R. § 73.699, and the DTV service
    thresholds in Section 73.622(e) of the rules, 47 C.F.R. § 73.622(e),
    to calculate DTV service areas and 2) the analog maximum power and
    antenna height standards in Section 73.614 of the rules, 47 C.F.R. §
    73.614, and the F(50,10) curves in Section 73.699 to calculate
    analog interference potential.

[^29]: *See* Federal Communications Commission, Office of Engineering
    and Technology, OET Bulletin No. 69 "Longley-Rice Methodology for
    Evaluating TV Coverage and Interference," February 6, 2004, at p.
    10, Table 6. This bulletin is available on the internet at:
    http://www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet69/oet69.pdf.

[^30]: Public safety services operate on specified channels in the TV
    bands as part of the Private Land Mobile Radio Service (PLMRS),
    *see* 47 C.F.R. § 90.303(a). PLMRS base stations on these channels
    must be located within 80 kilometers (50 miles) of the center of the
    cities where they are permitted to operate on channels 14-20
    (470-512 MHz), and mobile units may be operated within 48 kilometers
    (30 miles) of their associated base station or stations. Thus,
    mobile stations may be operated at up to 128 kilometers (80 miles)
    from the city center, *see* 47 C.F.R. § 90.305.

[^31]: *See* Amendment of Parts 2, 89, 91, and 93; Geographic
    Reallocation of UHF-TV Channels 14 Through 20 to the Land Mobile
    Radio Services for Use Within the 25 Largest Urbanized Areas of the
    United States; Petition Filed by the Telecommunications Committee of
    the National Association Of Manufacturers to Permit Use of TV
    Channels 14 and 15 by Land Mobile Stations in the Los Angeles Area,
    Docket No. 18261, RM-566, *First Report and Order*, 23 FCC 2d 325
    (1970).

[^32]: *See* 47 C.F.R. § 73.623(e) for the list of land mobile
    communities and channels.

[^33]: After February 17, 2009, any interference from a full power
    analog station to a post-transition digital signal will be treated
    as new interference.

[^34]: The details of each station's DTV (post-transition) channel
    assignment, including technical facilities and predicted service and
    interference information, are set forth in the Appendix B to the
    final order in the DTV Table proceeding, MB Docket No. 87-268 ("DTV
    Table Appendix B"). *See Advanced Television Systems and their
    Impact Upon the Existing Television Broadcast Service*, MB Docket
    No. 87-268, Seventh Report and Order and Eighth Further Notice of
    Proposed Rule Making, 22 FCC Rcd 15581, 15672, app. B (2007);
    *revised on recon.*, Memorandum Opinion and Order on Reconsideration
    of the Seventh Report and Order and Eighth Report and Order, 23 FCC
    Rcd 4220, 4311, app. B (2008).

[^35]: In this circumstance, an "area" means a viewing area, which may
    be a city, county, community, market, DMA, or other geographic area
    in which people receive over-the-air television service. Stations
    seeking to participate under this standard should make their
    argument and basis for inclusion clear in their STA submission.

[^36]: Analog Nightlight Act, Section 3(1).

[^37]: For more information on Informal Filings in CDBS, please refer to
    this web page:
    http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm.

[^38]: *See* *Third Periodic Review of the Commission's Rules and
    Policies Affecting the Conversion to Digital Television*, MB Docket
    No. 07-91, Report and Order, 23 FCC Rcd 2994, 3013, ¶ 35 (2007).
    Stations are responsible for the continuing accuracy and
    completeness of the information furnished in their Form 387.
    Whenever the information furnished in their form is no longer
    substantially accurate and complete in all significant respects, the
    station must file an updated form as promptly as possible and in any
    event within 30 days to furnish such additional or corrected
    information as is appropriate. *Id*.

[^39]: For more information on Informal Filings in CDBS, please refer to
    this web page:
    http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm.

[^40]: Interested parties wishing to object to or otherwise comment on a
    station\'s notification regarding participation in the Analog
    Nightlight program should do so by filing comments in this
    proceeding, including the caption and docket number for this
    proceeding, and which should be titled \"Objection,\" and should
    also be served on the station whose participation is the subject of
    the objection. *See* Section IV. D., *infra,* for instructions on
    filing comments in this proceeding.

[^41]: *See* *Second* *Periodic Review of the Commission's Rules and
    Policies Affecting the Conversion to Digital Television*, MB Docket
    No. 03-15, Report and Order, 19 FCC Rcd 18279, 18302-3, ¶ 56 (2004).

[^42]: The Public Notice will set forth a brief period of time within
    which an objection based on interference may be filed and will
    describe the expedited process for filing such objections.

[^43]: *See*, *supra*, note 30.

[^44]: FCC Form 352-B (Television Broadcast Station License), Oct. 21,
    1985.

[^45]: 47 C.F.R. § 79.2(a)(2). The note to paragraph (a)(2) in the rules
    reads as follows: "Critical details include, but are not limited to,
    specific details regarding the areas that will be affected by the
    emergency, evacuation orders, detailed descriptions of areas to be
    evacuated, specific evacuation routes, approved shelters or the way
    to take shelter in one's home, instructions on how to secure
    personal property, road closures, and how to obtain relief
    assistance."

[^46]: 47 C.F.R. § 11.1. Part 11 of the Commission's rules "describe the
    required technical standards and operational procedures of the EAS
    for AM, FM, and TV broadcast stations, digital broadcast stations,
    analog cable systems, digital cable systems, wireline video systems,
    wireless cable systems, Direct Broadcast Satellite (DBS) services,
    Satellite Digital Audio Radio Service (SDARS), and other
    participating entities." *Id*. As noted, the Commission also
    requires TV broadcast stations that provide emergency information
    beyond compliance with EAS standards to make the critical details of
    that information accessible to people with hearing and visual
    disabilities. 47 C.F.R. § 79.2(b).

[^47]: *See* www.dtv.gov (FCC); www.dtvanswers.com (NAB);
    www.dtv2009.gov and www.ntia.doc.gov (both NTIA).

[^48]: *See* Analog Nightlight Act, Section 2(a) (limiting the program
    to "only" the public safety and DTV transition information specified
    in the Act).

[^49]: Analog Nightlight Act, Section 2(b)(2). As noted above, stations
    are encouraged also to provide information in additional languages
    that are common among their viewing audiences.

[^50]: *Id***.**

[^51]: *See* Analog Nightlight Act, Section 2(b)(2)(B).

[^52]: Stations choosing a video loop format may use the FCC's
    educational video showing how to install a converter box. *See*
    http://www.dtv.gov/video_audio.html. Additional formats of the video
    are available upon request.

[^53]: *See, supra,* ¶ 5 and note 10.

[^54]: *See* "DTV Answers.com Press Release" (December 16, 2008)
    (announcing that the video program will address common questions
    based on those received from viewers in the Wilmington test market
    and in response to other DTV readiness testing, on such topics as
    converter box installation, rescanning, antenna positioning and
    general DTV transition questions) www.dtvanswers.com/presskit.

[^55]: *Omnipoint Corp. v. FCC*, 78 F.3d 620, 629 (D.C. Cir. 1996)
    (upholding seven-day comment period for rules in twice-delayed C
    Block auction given urgent necessity for rapid administrative
    action) (internal quotes and cites omitted).

[^56]: *See* 5 U.S.C. § 553(b); *Petry v. Block*, 737 F.2d 1193, 1200-01
    (D.C. Cir. 1984) (holding that the limited time Congress gave the
    Department of Agriculture was a "crucial factor in establishing
    'good cause'"). *See also* Analog Nightlight Act, Section 2(a)
    ("Notwithstanding any other provision of law, the Federal
    Communications Commission shall, not later than January 15, 2009,
    develop and implement a program. . .).

[^57]: The Paperwork Reduction Act of 1995 ("PRA"), Pub. L. No. 104-13,
    109 Stat 163 (1995) (*codified in* Chapter 35 of Title 44 U.S.C.).

[^58]: *See* OMB Control Number 3060-0386 (relating to filing
    notifications to FCC via CDBS).

[^59]: *See* 5 C.F.R. § 1320.13.

[^60]: Due to the short time frame provided for us to act in the Analog
    Nightlight Act, we will ask OMB to waive Federal Register notice for
    this emergency request under the PRA. *See* 5 C.F.R. § 1320.13(d).

[^61]: *See supra*, ¶ 2.

[^62]: *See* 47 C.F.R. § 1.1206(b); *see also* 47 C.F.R. §§ 1.1202,
    1.1203.

[^63]: *See id*. § 1.1206(b)(2).

[^64]: *See id*. §§ 1.415, 1419.

[^65]: *See* *Electronic Filing of Documents in Rulemaking Proceedings*,
    GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998).