8868 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 

I. Background 

Section 1871(a)(3)(A) of the Act 

requires the Secretary, in consultation 

with the Director of the Office of 

Management and Budget (OMB), to 

establish and publish a regular timeline 

for the publication of a final rule based 

on the previous publication of a 

proposed rule or an interim final rule. 

In accordance with section 1871(a)(3)(B) 

of the Act, such regular timeline may 

vary among different regulations, based 

on the complexity of the rule, the 

number and scope of the comments 

received, and other relevant factors. The 

timeline for publishing the final 

regulation, however, cannot exceed 3 

years from the date of publication of the 

proposed or interim final rule, unless 

there are exceptional circumstances. 

After consultation with the Director of 

OMB, we published a notice in the 

Federal Register on December 30, 2004 

(69 FR 78442) establishing a general 3- 

year timeline for finalizing a Medicare 

proposed and an interim final rule. 

Section 1871(a)(3)(C) of the Act states 

that a Medicare interim final rule shall 

not continue in effect if the final rule is 

not published before the expiration of 

the regular timeline and, if applicable, 

before the expiration of each succeeding 

one-year period, unless the Secretary 

publishes at the end of the regular 

timeline and any subsequent 1-year 

extension a notice of continuation that 

includes an explanation of why the 

regular or previously extended timeline 

was not met. Upon publication of such 

a notice, the regular timeline or such 

timeline as previously extended for 

publishing the final rule is extended for 

1 year. 

II. Notice of Continuation 

Section 521 of the Medicare, 

Medicaid, and SCHIP Benefits 

Improvement and Protection Act of 

2000 (BIPA), amended section 1869 of 

the Act to provide for significant 

changes to the Medicare claims appeal 

procedures. On November 15, 2002, we 

published in the Federal Register a 

proposed rule (67 FR 69312) consistent 

with Section 521 of BIPA. An interim 

final rule with comment period 

implementing the BIPA provisions as 

well as further changes to the claim 

appeals procedures enacted in Title IX 

of the Medicare Prescription Drug, 

Improvement, and Modernization Act of 

2003 (MMA) appeared in the Federal 

Register in March 2005 (70 FR 11420). 

Under the regular timeline for 

publication of a final rule, we were 

required to publish a final rule 

responding to public comments on the 

interim final rule with comment period 

no later than March 1, 2008. However, 

on February 29, 2008, we published in 

the Federal Register a continuation 

notice entitled ‘‘Medicare Program; 

Changes to the Medicare Claims Appeal 

Procedures; Continuation of 

Effectiveness and Extension of Timeline 

for Publication of Final Rule’’ to extend 

the timeline for publication of the final 

rule for 1 year until March 1, 2009 (73 

FR 11043). 

This notice announces an additional 

extension of the timeline for publication 

of the final rule and the continuation of 

effectiveness of the March 2005 interim 

final rule with comment period. We are 

not able to meet the timeline for 

publication of the final rule due to the 

need to allow an opportunity for full 

consideration of issues of law and 

policy raised in the regulation. We 

believe it is necessary and appropriate 

to delay publication of this final rule in 

order to afford the President’s 

appointees and designees an 

opportunity to further review and 

consider the laws and policies that will 

be set forth in the final rule. 

Therefore, this notice extends the 

timeline for publication of the final rule 

until March 1, 2010. In accordance with 

section 1871(a)(3)(C) of the Act, the 

interim final rule with comment period 

shall remain in effect through March 1, 

2010 (unless the final rule is published 

and becomes effective before March 1, 

2010). 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance Program; and No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: February 23, 2009. 

Ashley Files Flory, 

Deputy Executive Secretary to the 

Department. 

[FR Doc. E9–4223 Filed 2–26–09; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 15, 27, 54, 73, 76, and 90 

[MB Docket No. 09–17; FCC 09–11] 

Implementation of the DTV Delay Act 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document issues the 

final rules in the Second Report and 

Order implementing the DTV Delay Act. 

It amends the requirements of the DTV 

Consumer Education Initiative, as well 

as extending the duration of certain 

licenses and construction permits, to 

conform to the new, June 12, 2009, 

transition date. It announces the 

Commission’s intent to apply the 

provisions of the Analog Nightlight 

Order to the period after June 12, 2009. 

And, it established March 17, 2009 as 

the date by which stations must notify 

the Commission of their planned timing 

to complete their transition and April 

16, 2009 as the first date on which 

stations can terminate analog signals. 

DATES: Effective February 27, 2009, 

except for §§§ 15.124, 54.418, and 

76.1630, which are effective April 1, 

2009. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: For 

more information, please contact Nazifa 

Sawez, Nazifa.Sawez@fcc.gov, at 202– 

418–7059 or Shaun Maher, 

Shaun.Maher@fcc.gov, at 202–418– 

2324, of the Video Division, Media 

Bureau; or Evan Baranoff, 

Evan.Baranoff@fcc.gov, at 202–418– 

7142; Lyle Elder, Lyle.Elder@fcc.gov, at 

202–418–2120; or Kim Matthews, 

Kim.Matthews@fcc.gov, at 202–418– 

2154, of the Policy Division, Media 

Bureau; or Eloise Gore, 

Eloise.Gore@fcc.gov, 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 

PRA@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Report and Order, FCC 09–11, adopted 

and released on February 20, 2009. (The 

companion Notice of Proposed 

Rulemaking (NPRM) to this document is 

published elsewhere in this issue of the 

Federal Register.) 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 fcc504@fcc.gov or call the 


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Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 8869 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Final Paperwork Reduction Act 

(‘‘PRA’’) Analysis 

This Report and Order was analyzed 

with respect to the Paperwork 

Reduction Act of 1995 (‘‘PRA’’) and 

contains modified information 

collection requirements. Specifically, 

this Report and Order modifies several 

existing DTV transition-related 

information collection requirements to 

reflect the statutory change in the 

nationwide transition date to June 12, 

2009. The Commission has obtained 

OMB approval for these non-substantive 

changes, and is seeking OMB approval 

under OMB’s emergency processing 

rules for the requirement on broadcast 

stations to file a binding notice of their 

proposed analog service termination 

date. 

Summary of the Report and Order 

I. Introduction 

1. In this Report and Order, the 

second in response to the Congressional 

extension of the digital television (DTV) 

transition period, we take a number of 

actions necessary to implement the 

‘‘DTV Delay Act,’’ which was enacted 

into law on February 11, 2009. 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. It afforded the FCC 

discretion to allow broadcasters to 

complete their transitions prior to June 

12, 2009, subject to such rules as the 

Commission finds necessary or 

appropriate. The Act instructed the 

Commission to take any actions 

‘‘necessary or appropriate to implement 

the provisions, and carry out the 

purposes’’ of the date extension, and to 

do so within 30 days. 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 fullpower 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).’’ The 

Commission has already taken a number 

of steps to comply with this directive. 

We issued a series of public notices 

(PNs) establishing and implementing 

the early transition process for stations 

that transitioned on February 17, 2009. 

In the first of these PNs, we also noted 

that early transitions are prohibited 

between February 18 and March 14. We 

also released the First Report and Order, 

74 FR 7654 (Feb. 19, 2009), in the DTV 

Delay Act docket, extending the analog 

license terms and adjusting the 

construction permits for the full power 

television stations subject to the DTV 

Delay Act. 

2. As discussed in Section V below, 

we find that the matters addressed here 

are not subject to the rulemaking 

requirements of the Administrative 

Procedure Act (APA), Congressional 

Review Act (CRA), Regulatory 

Flexibility Act (RFA), or any other 

provision of law that otherwise would 

apply and would impede 

implementation of the statutory 

directives. As discussed below, we also 

find that there is good cause for 

departure from the rulemaking 

requirements of the APA under the 

circumstances here. Nevertheless, we 

are providing notice and an abbreviated 

opportunity for public comment 

regarding the issues addressed in 

Section IV below to allow interested 

parties to contribute to our 

consideration of these issues to the 

extent possible in the limited time 

Congress has provided. 

II. Executive Summary 

3. This Report and Order carries out 

the most time sensitive of the remaining 

actions necessitated by the delay in the 

transition deadline. The most 

fundamental change to our rules, 

licenses, etc., made necessary by the 

DTV Delay Act is that all references to 

the transition deadline must be revised 

to conform to the new date established 

in that Act. Thus, for each rule or order 

addressed in this Omnibus order that 

refers to ‘‘February 17, 2009,’’ or 

otherwise references the date of the 

transition deadline, we revise the rule to 

read ‘‘June 12, 2009’’ or make other 

revisions as appropriate; for example, 

Section 2(c) of the DTV Delay Act 

extends certain license terms and 

construction deadlines for the recovered 

spectrum for 116 days. In many cases, 

some additional revision is or will be 

necessary. We make additional revisions 

in the following areas in this Report and 

Order, and we intend to follow up 

quickly with additional rulemakings as 

needed. 

4. DTV Consumer Education Initiative 

rules 

• We extend the duration of the DTV 

Consumer Education Initiative 

requirements, including reporting 

requirements, so that most expire at the 

end of the second calendar quarter, in 

which the transition now ends, rather 

than at the end of the first calendar 

quarter, in which the transition 

originally ended. 

• We revise the guidance text that is 

used as the basis for multichannel video 

programming distributor (MVPD), 

eligible telecommunications carrier 

(ETC), and manufacturer notices to 

reflect that the transition deadline has 

been extended and that many stations 

will transition or have transitioned prior 

to that date. We also require these 

notices to include contact information 

for the FCC Call Center and the NTIA 

Coupon Program, as well as a suggestion 

that readers contact their local 

television station for additional 

information. These revised requirements 

take effect April 1, in order to provide 

affected parties with sufficient time to 

prepare revised notices. 

• Broadcast stations must comply 

with one of three sets of requirements 

for consumer education, choosing 

Options One or Two if they are a 

commercial station, or Options One, 

Two, or Three if they are a 

noncommercial station. We find that 

Option One broadcasters must continue 

to provide viewers with the maximum 

level of consumer education, and revise 

the guidance text that is used as the 

basis for on-air notices to reflect that the 

transition deadline has been extended 

and that many stations will transition or 

have transitioned prior to that date. 

• We find that Option Two 

broadcasters must begin a new 100-day 

countdown to the transition on March 4, 

2009. Nevertheless, we also seek 

comment in the NPRM about whether 

this requirement should be modified to 

better educate and inform consumers. 

Pending any modifications as a result of 

our consideration of the comments filed 

in response to that NPRM, Option Two 

broadcasters must begin a new 100-day 

countdown on March 4. 

• We find that Option Three 

broadcasters must continue to provide 

viewers with the maximum level of 

consumer education. 

• We revise Form 388 to reflect the 

changes above, and remind broadcasters 

that they must continue to file it and 

post it online quarterly up to and 

including the final quarter in which 

they have education obligations under 

these rules. 

• We provide notice that the DTV.gov 

Transition Partners program has been 


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discontinued, and that as a result no 

additional filings will be required as a 

result of participation in the program. 

5. Third DTV Periodic Report and 

Order 

• We revise the analog service 

termination notification procedure 

contained in the Third DTV Periodic 

Report and Order, 72 FR 37310 (July 9, 

2007), and require all stations to notify 

the Commission no later than Tuesday, 

March 17 of the date they will terminate 

analog television service. 

• Consistent with the Third DTV 

Periodic Report and Order and the 

timing adopted in this Order, we require 

all full-power television stations to 

update their DTV Transition Status 

Reports, FCC Form 387, no later than 

Thursday April 16, 2009 to reflect their 

transition plans as a result of the delay 

in the nationwide transition deadline. 

• We revise our rules to reflect 

changes to construction deadlines and 

our rules for obtaining extensions of 

time to construct digital facilities. 

6. 700 MHz Band License Periods and 

Construction Requirements: 

• We extend the terms of the licenses 

for the ‘‘recovered spectrum,’’ including 

the applicable construction benchmark 

deadlines, for a period of 116 days 

pursuant to section 2(c) of the DTV 

Delay Act. We also modify sections 

27.1310 and 90.1410 of the 700 MHz 

Public/Private Partnership rules to 

conform these provisions to the license 

term extension. 

7. Analog Nightlight 

• We find that the Analog Nightlight 

program, implemented pursuant to the 

Analog Nightlight Act, will be in effect 

after the DTV transition deadline on 

June 12, 2009. 

8. Notice of Proposed Rulemaking 

• We invite comments, in an 

expedited, one-round, five (5) day cycle, 

in the Notice of Proposed Rulemaking 

(NPRM), published elsewhere in this 

issue of the Federal Register, regarding 

additional amendments to our rules and 

regulations to carry out the purposes of 

the DTV Delay Act. 

• In particular, we propose to revise 

the analog service termination 

requirements for stations still operating 

in analog. We believe that these 

proposed revisions to the procedures in 

the Third DTV Periodic Report and 

Order, in addition to the notification 

changes adopted in the Order, are 

necessary to implement the DTV Delay 

Act. 

• We also seek comment on possible 

revisions to the consumer education 

rules, particularly the adoption of a 

requirement that broadcasters notify 

viewers of predicted service loss. We 

ask whether broadcasters should 

provide information on rescanning with 

digital equipment, and, where 

applicable, information regarding the 

need for different equipment due to 

changes from UHF to VHF service, or 

vice versa. We also seek comment on 

amendments to the ‘‘100-Day 

Countdown’’ responsibility of Option 

Two broadcasters and the 30 minute 

informational video that is required in 

both Option Two and Option Three. 

Finally, we ask whether stations that 

participate in or support the posttransition analog nightlight program 

should be exempt from post-transition 

consumer education requirements. 

III. Discussion 

A. Consumer Education 

9. In early 2008, the Commission 

adopted a number of rules designed to 

educate viewers and consumers about 

the digital television transition. Many of 

these rules were specifically tied to the 

original February 17, 2009 nationwide 

transition date, and all were set to 

expire on a schedule reflecting that the 

transition would conclude in the first 

quarter of 2009. Therefore, now that the 

transition has been extended, most of 

these rules must be revised to continue 

to serve their educational purpose. 

10. The DTV Delay Act establishes a 

new ‘‘hard’’ deadline for the completion 

of the nation’s transition to digital 

television for full power stations. 

However, unlike the Act establishing 

the original hard deadline, which left 

early transitions completely to the 

discretion of the Commission, the DTV 

Delay Act expressly contemplates a 

‘‘rolling’’ transition, in which stations 

are permitted to cease providing analog 

service at various times prior to the 

nationwide conclusion of the transition 

consistent with the Commission’s rules. 

Our revised consumer education rules 

therefore reflect not only the simple 

postponement of the transition 

deadline, but the fact that many 

consumers will begin to experience the 

switch to digital before June 12, if they 

have not already. 

1. Comprehensive Changes 

11. In addition to updating references 

to the transition deadline in the 

Commission’s rules and regulations, as 

discussed above, we must revise the 

rules governing the comprehensive 

consumer education campaign and its 

conclusion in response to the delay. 

12. The Consumer Education rules, as 

originally adopted, remain in effect 

until the conclusion of the calendar 

quarter in which the transition ended; 

thus, because the transition originally 

would have ended in the first quarter of 

2009, the consumer education 

requirements would have remained in 

effect only through the end of March, 

2009. The DTV Delay Act has postponed 

the transition deadline to the second 

quarter of 2009, and recognized that for 

many stations, and some entire markets, 

the transition will occur even sooner. 

Therefore, we find that it is appropriate 

for the revised consumer education 

requirements to remain in effect until 

the conclusion of the second quarter of 

2009. We encourage broadcasters to 

revise their messaging as appropriate 

after the conclusion of the transition. 

We will exercise our prosecutorial 

discretion regarding the specific content 

of PSAs and crawls run pursuant to 

Option One. In each case where the 

Consumer Education rules refer to 

‘‘March 31, 2009,’’ ‘‘in March 2009,’’ 

etc., we are revising them to reflect that 

the rules will conclude at the end of 

June, 2009. As a result, each of the rules 

discussed below will remain in effect 

through June 30, 2009, even where we 

find that no other change is necessary to 

bring the rule into compliance with the 

DTV Delay Act. 

2. Manufacturer, ETC, and MVPD 

Notices 

13. Many of the rules in the DTV 

Consumer Education Initiative require 

industry stakeholders to provide their 

customers with paper or electronic 

notices that briefly explain the DTV 

transition. The rules governing 

manufacturers, ETCs, and MVPDs use 

identical language to describe the 

minimum information that must be 

provided in these notices: 

After February 17, 2009, a television 

receiver with only an analog broadcast tuner 

will require a converter box to receive full 

power over-the-air broadcasts with an 

antenna because of the Nation’s transition to 

digital 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. 

Although this text is not mandatory, we 

recognize that many of the affected 

stakeholders follow it closely. In order 

to carry out the purposes of the DTV 

Delay Act, we find that we must revise 

this guidance to reflect not only that all 

full-power analog broadcasting will 

conclude on June 12, 2009, but that it 

may conclude earlier in many cases. We 

note that stations participating in the 

statutory nightlight program will 

continue to provide some analog service 

after June 12, 2009. 

14. Therefore, we adopt the following 

revised text to serve as guidance: 


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Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 8871 

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. 

In addition to information about the 

transition itself, the rules require that 

these notices also provide contact 

information that will allow the 

recipients to seek additional 

information about the transition. We 

find that it is appropriate to revise this 

requirement to ensure that the notices 

include, at a minimum, the toll-free 

number and Internet site for the FCC’s 

Call Center, as well as NTIA’s toll-free 

number and Internet site for the coupon 

program, and a suggestion to contact 

local television stations. Because of the 

delay of the final transition and the 

‘‘rolling’’ transitions that will be taking 

place prior to June 12, 2009, it is even 

more important that citizens have access 

to locally targeted information about 

how the transition will affect them. We 

believe these requirements will help to 

ensure that consumers have access to 

up-to-date information in order to help 

them better prepare for the transition. 

15. Manufacturers, ETCs, and MVPDs 

should include language based on this 

revised guidance in their notices as soon 

as practicable, but in any case no later 

than April 1, 2009. Thus, ETC and 

MVPD notices mailed in April must 

include updated language, and the 

notices included with television 

receivers and related devices 

manufactured in April must include 

updated language. We recognize that 

some companies may have already 

printed sufficient transition notices to 

meet their needs through March 31, 

2009, the original conclusion of the 

education campaign, and have no desire 

to penalize these companies for being 

prepared. Because the existing rules 

expire on March 31, 2009, a failure to 

begin distribution of revised notices by 

at least April 1 will create a gap in the 

information provided to consumers. The 

original DTV Consumer Education 

Initiative was released by the 

Commission on March 3, 2008, and the 

rules became effective on April 30, 

2008, 30 days after OMB approval for 

the rules was published. Therefore, 

ETCs and MVPDs had 58 days to 

prepare to fully comply. As discussed in 

the Consumer Education Sua Sponte 

Reconsideration, the Consumer 

Electronics Association argued that 

consumer electronics manufacturers 

need the ‘‘same time period for 

implementation of the notice 

requirement that is required of MVPDs’’ 

and ETCs. That order was released on 

April 23, 2008 and provided for a start 

date of May 30, 2008 for manufacturer 

rules, giving them 37 days to prepare to 

fully comply. Manufacturers had no 

difficulty doing so. A date certain of 

April 1, 2009 for all three groups will 

provide manufacturers with slightly 

more time to comply than they received 

in the reconsidered order, and MVPDs/ 

ETCs with slightly less time, but we 

anticipate that the time provided will be 

sufficient to allow the parties to comply. 

All of the affected parties are already 

including DTV consumer education 

notices pursuant to the existing rules, so 

the only change will be to the text 

printed on those notices. As discussed 

in the DTV Consumer Education 

Initiative, a party responsible for 

manufacturer notices (such as, in some 

cases, retailers and distributors) can 

comply by placing a sticker on the 

outside of the packaging of a covered 

device (47 CFR 15.124(a)) that reflects 

the revised notice text and the change 

in the transition deadline. The party 

responsible for inclusion of the notice is 

the ‘‘manufacturer,’’ or the party acting 

as the manufacturer under our rules; i.e., 

the ‘‘responsible party’’ as defined in 

Section 2.909 of the Commission’s 

Rules. 

3. Broadcaster On-Air Consumer 

Education 

16. Broadcasters are required to 

regularly provide on-air consumer 

education about the transition. The 

Consumer Education Initiative offered 

broadcasters a choice of rules: Options 

One or Two, available to any 

broadcaster, or Option Three, available 

only to non-commercial stations. 

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. Elements of 

each Option must be revised in response 

to the DTV Delay Act, and are addressed 

below. We remind broadcasters that 

whatever option they elected, these onair education requirements are separate 

from and in addition to any viewer 

notification requirements imposed on a 

station by the Third DTV Periodic 

Report and Order, the Commission’s 

recent public notice addressing early 

transitions on February 17, 2009, or any 

other rule or regulation. We also direct 

broadcasters to the companion NPRM, 

which raises questions about additional 

or revised requirements for 

broadcasters, including a requirement to 

provide viewers with notifications about 

any predicted service loss. 

a. Option One 

17. The rules require Option One 

broadcasters to air both PSAs and 

crawls, in every quarter of every day, 

with increasing frequency as the 

transition approaches. During the first 

calendar quarter in which the rules were 

in effect, they were at a minimum level 

of only one PSA and one crawl aired in 

each quarter of each day. The rules 

increased to their maximum level for 

the final two quarters of the consumer 

education campaign. Beginning on 

October 1, 2008, and extending 

‘‘through the conclusion of the 

campaign,’’ broadcasters were required 

to air three PSAs and three crawls in 

each quarter of the day. Thus, Option 

One broadcasters have already been 

engaged in this maximum level of 

consumer education, and have planned 

to continue to provide it through the 

conclusion of the first quarter of 2009. 

As discussed above, the conclusion of 

the nationwide consumer education 

campaign has now been extended to the 

end of the second quarter of 2009 (June 

30, 2009). Given that this delay was 

driven by the need for greater consumer 

awareness, and the change to the ‘‘hard’’ 

transition date, it would be 

inappropriate to diminish the amount of 

information available to television 

viewers now. Furthermore, broadcasters 

are now in the final two quarters of the 

transition, and the Commission has 

previously found that providing the 

most extensive information to viewers is 

essential during this time period. 

Therefore, we do not revise this rule, 

and Option One broadcasters must 

continue to air three PSAs and three 

crawls in each quarter of the day. 

18. Although the Commission did not 

dictate the content of the PSAs and 

crawls, Option One broadcasters do 

have to convey certain specific 

information to viewers, including 

describing changes in the geographic 

area or population served by the station 

during or after the transition. Some of 

this information is described using the 

same guidance text as the MVPD, ETC, 

and manufacturer rules. We find that 

the revisions applied to this text in the 

MVPD/ETC/manufacturer context are 

equally appropriate in this context, and 

revise the Option One rules accordingly. 

b. Option Two 

19. The rules require broadcasters that 

selected Option Two to air a certain 


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number of PSAs and crawls, snipes, or 

tickers each calendar quarter (25% of 

which must be in prime time), and to 

provide a ‘‘100-Day Countdown to the 

transition.’’ We note that many of the 

Option Two requirements were 

proposed by the National Association of 

Broadcasters (‘‘NAB’’) and that the NAB 

has provided much of the material that 

broadcasters use to fulfill these 

requirements. The 100-Day Countdown 

supplements the initial requirements 

and consists of an at-least-once-daily 

airing of a graphic or longer-form 

information segment that, at a 

minimum, gives the number of days 

remaining until the transition and 

provides a Web site or phone number 

viewers can call for more information. 

Stations that elected Option Two have 

been airing these countdown reminders 

on a daily basis since November 10, 

2008. Now, however, more than 100 

days remain until the national 

transition. Therefore, barring any 

additional Commission action prior to 

March 4, 2009, we find that all Option 

Two stations must begin a new 100-day 

countdown to June 12, 2009 on March 

4, 2009. Nevertheless, we are seeking 

comment in the attached NPRM on 

whether and how to modify the new 

100-day countdown requirement to 

ensure that it provides the most accurate 

and useful information to viewers. 

Pending any modification as a result of 

our consideration of the comments filed 

in response to that NPRM, we conform 

the 100-Day countdown to the new, 

June 12, 2009, transition date, and 

require all Option Two stations to begin 

a new 100-day countdown to June 12, 

2009 on March 4, 2009. 

c. Option Three 

20. Option Three, available only to 

noncommercial educational 

broadcasters (NCEs), does not require 

airing of a certain number of PSAs or 

crawls. Instead, it requires broadcasters 

to air several minutes of DTV education 

daily, allocated between PSAs and 

longer form messages as the broadcaster 

chooses. However it is allocated, NCEs 

must devote an increasing number of 

minutes to consumer education as the 

transition approaches. During the first 

period in which the rules were in effect, 

they were at a minimum level of only 

1 minute of education daily, with 7.5 

minutes a month in prime time. The 

rules increased to their maximum level 

for the final months prior to the 

transition. Beginning on November 1, 

2008, and extending through March 31, 

2009, broadcasters were required to air 

3 minutes of education daily, with 22.5 

minutes a month in prime time. Thus, 

Option Three broadcasters have already 

been engaged in this maximum level of 

consumer education, and have planned 

to continue to provide it through the 

conclusion of the first quarter of 2009. 

As discussed above, the conclusion of 

the nationwide consumer education 

campaign has now been extended to the 

end of the second quarter of 2009 (June 

30, 2009). Given that this delay was 

driven by the need for greater consumer 

awareness, and the change to the ‘‘hard’’ 

transition date, it would be 

inappropriate to diminish the amount of 

information available to television 

viewers now. Furthermore, broadcasters 

are now in the final months of the 

transition, and the Commission has 

previously found that providing the 

most extensive information to viewers is 

essential during this time period. 

Therefore, we will change only the end 

date of this rule, and Option Three 

broadcasters must continue to air 3 

minutes of education daily, with 22.5 

minutes a month in prime time. 

d. Broadcaster Reporting 

21. The Consumer Education rules 

require that all broadcasters prepare 

reports summarizing their consumer 

education outreach efforts, file them 

with the Commission, and make them 

publicly available both online and in 

their public inspection forms. These 

reports must be prepared ‘‘up to and 

including the quarter in which a station 

concludes its education campaign.’’ 

This requirement needs no revision. 

Broadcasters must continue to file their 

reports through the second quarter of 

2009 and, where appropriate, longer 

(after June 30, any station that has filed 

a request for an extension to complete 

construction of its full, authorized, posttransition facility or is operating under 

such an extension must continue its 

education campaign until the request is 

withdrawn or denied or, if granted, until 

it expires). They must also continue to 

retain their reports in the public file, 

and make them available online, for one 

year from the date they are filed. To 

facilitate our timely review of those 

reports, we remind broadcasters that 

their reports should reflect all notices 

aired on a broadcaster’s stations, 

including PSA and crawls, snipes, or 

tickers originated by broadcast 

networks. We encourage the networks 

and their affiliates to cooperate to 

compile this information, to the extent 

they have not done so already. The 

instructions attached to Form 388, DTV 

Quarterly Activity Station Report, have 

been amended to reflect the changes to 

the 30 minute informational program 

and 100-day countdown requirements. 

The Commission has received approval 

from OMB for these minor changes to 

the forms. 

22. Further, we take this opportunity 

to remind broadcasters of their 

continued responsibility in ensuring an 

effective and seamless DTV transition 

for consumers. We applaud the 

substantial efforts that broadcasters have 

made in educating consumers about the 

DTV transition to date, but we reiterate 

the importance of their full compliance 

with the DTV consumer education 

requirements. As we continue to 

monitor the consistency of the DTV 

consumer education efforts by 

broadcasters via the review of the 

consumer education campaign selected 

in their respective FCC Form 388s, we 

emphasize that full compliance with 

each and every element of the consumer 

education campaign option selected is 

required. We believe that a failure to 

meet each element of the option 

selected would significantly jeopardize 

the successful transition to DTV by 

consumers. 

4. Other Reporting 

a. 700 MHz Auction Winner Consumer 

Education Reporting 

23. The rules governing 700 MHz 

auction winners do not require 

particular outreach efforts, but they do 

specify that auction winners must, for 

‘‘the remaining period of the DTV 

transition,’’ file a report on a quarterly 

basis. This report must detail what, if 

any, DTV transition consumer education 

efforts they undertook in the previous 

quarter. The rules provide that the 

reporting requirement terminates with 

the filing of the report for the first 

quarter of 2009. We revise the rules to 

reflect the extension of the remaining 

period of the transition by noting that 

auction winner reports must be filed for 

the second quarter of 2009. 

b. DTV.gov Partner Consumer Education 

Reporting 

24. The Commission is working 

closely with stakeholders from industry 

and federal, state, local, and tribal 

governments, all of whom are active 

partners in the DTV outreach and 

education effort. We find that the 

limited DTV.gov Transition Partners 

program, as part of the DTV.gov Web 

site, is no longer an accurate reflection 

of our extensive work with outside 

groups, and therefore discontinue the 

program, effective immediately. As a 

result, there is no further obligation for 

Partners to file quarterly outreach 

updates as originally required in the 

DTV Consumer Education Order. 


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B. Changes to Third DTV Periodic 

Report and Order 

25. We make the following revisions 

to the Third DTV Periodic Report and 

Order in order to implement the 

extension of the DTV transition date to 

June 12, mandated by the DTV Delay 

Act. 

1. Analog Service Terminations 

26. We revise our analog (and pretransition digital) service termination 

and reduction procedures to require all 

stations to file a binding notice of their 

proposed analog service termination 

date by March 17, 2009. 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 10 percent or more 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. This notification, and the 

procedures that will be adopted in this 

docket, supersede the early analog 

termination procedures established in 

the Third DTV Periodic Report and 

Order. As a result, no service 

termination notifications may be filed 

prior to the adoption of the new 

procedures and form proposed in the 

companion NPRM. We find that this 

revision is necessary to implement and 

carry out the purposes of the DTV Delay 

Act. We establish March 17, 2009, as the 

date certain by which stations must 

notify us of the date on which they 

intend to terminate analog service. In 

this notification, stations must either 

commit to terminating on June 12, 2009, 

or on a date prior to the nationwide 

DTV transition deadline subject to the 

procedures to be adopted in this 

proceeding. Any station that does not 

notify us by March 17, 2009, will be 

assumed to be terminating on June 12, 

2009, and 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). We 

seek comment in the companion NPRM 

on proposed procedures and 

requirements for stations seeking to 

complete their transition prior to June 

12, 2009. We expect to adopt an Order 

finalizing the requirements no later than 

March 13, 2009. We strongly encourage 

major network affiliates that intend to 

transition prior to June 12 to 

communicate with the other affiliates 

serving the same viewing area as early 

as possible. 

27. Congress extended the nationwide 

DTV transition deadline to allow time 

for consumers to be prepared for the 

transition. In particular, Congress and 

the President took note that the digital 

converter box program administered by 

the National Telecommunications and 

Information Administration of the 

Department of Commerce (‘‘NTIA’’) has 

a backlog of applications for coupons, 

now numbering more than four million. 

Moreover, the Commission and industry 

partners have recently undertaken to 

provide a unified toll-free number for 

consumers seeking assistance with the 

transition (1–888–CALL–FCC), and we 

have arranged through contractors and 

volunteers to provide hands-on 

assistance for consumers across the 

country. If stations plan to transition 

before June 12, 2009 despite the 

significant benefits to consumers of 

continuing analog service through the 

transition deadline, it is essential that 

the Commission, industry, and the 

public be fully informed well in 

advance. We conclude that the 30-day 

advance notice procedure adopted in 

December 2007 in the Third DTV 

Periodic Report and Order is 

insufficient for the present 

circumstances. 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 and the President. 

Accordingly, we require all full-power 

television stations that have 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. By this 

date, stations will have had ample time 

to consider their plans in light of other 

broadcasters’ plans and the 

circumstances in their markets, and can 

finalize their own transition plans 

accordingly. Furthermore, as explained 

above, we need to establish an orderly 

and predictable process for any 

transitions prior to the statutory 

deadline. In order to establish and 

maintain such a process, we must know 

stations’ firm dates for analog service 

termination in order to focus and deploy 

consumer education resources 

appropriately; and viewers, industry 

and other interested parties also need to 

know the relevant date for stations in 

their markets so they can appropriately 

prepare for the change in television 

service. 

28. In the companion NPRM, we seek 

to develop revised service termination 

procedures that will best enable us to 

evaluate and adjust deployment of our 

resources and to coordinate with other 

entities in order to prepare for stations’ 

analog service terminations and protect 

the public interest while preserving 

broadcasters’ flexibility to terminate 

analog operations. The Commission 

must make, adjust and prioritize 

arrangements for consumer outreach, 

call center staffing, and converter 

installation assistance and coordinate 

with contractors, partners, volunteers, 

and organizations throughout the 

country to address areas where stations 

will terminate their analog signals 

throughout the transition period. In 

addition, other broadcasters, cable 

operators, satellite carriers and other 

MVPDs, equipment manufacturers, and 

tower crews will be relying on stations’ 

notifications of their analog service 

termination dates for their own 

planning purposes. The establishment 

of this date certain for notifications and 

the brief hiatus before notifications may 

be filed are essential steps that must be 

undertaken now to enable the 

Commission to implement the new 

procedures. 

29. As discussed below in the NPRM, 

we encourage stations that wish to 

transition before June 12, 2009 to file 

comments in the DTV Delay Act 

rulemaking docket (No. 09–17) 

indicating the date they would like to 

transition, why they need to transition 

early and the basis for the particular 

date they prefer. Such comments will be 

helpful to us in formulating the final 

procedures. However, dates listed in a 

station’s comments will not represent 

binding commitments, and will not 

replace the March 17 notices that all 

stations must file. Indeed, any 

notifications filed with us before the 

adoption of new procedures through 

this rulemaking, including notices filed 

prior to the release of this Order, will be 

for informational purposes only and 

will not serve as official notice 

authorizing stations to terminate. Any 

stations that have already filed 

termination notifications will be 

required to re-file pursuant to the new 

procedures and form to be adopted. 

Nonetheless, we believe that having 

more information available to the 

Commission when drafting the specific 

requirements for early termination will 

result in a better outcome, and will 

consider all comments from stations in 

crafting revised procedures. 

30. We find that the DTV Delay Act, 

taken as a whole, authorizes the 


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Commission to change the procedures 

established in the Third DTV Periodic 

Report and Order as necessary to 

implement and carry out the purposes 

of the DTV Delay Act. Section 4(a) of the 

Act provides that ‘‘[n]othing in this Act 

is intended to prevent’’ early 

termination ‘‘in accordance with the 

[FCC’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].’’ Section 4(c) of the Act 

authorizes the Commission 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.’’ Because Section 

4(a) is written in permissive terms with 

a limiting proviso (‘‘Nothing in this Act 

is intended to prevent * * *’’), and 

does not prohibit the Commission from 

modifying its early termination 

procedures, and because Section 4(a) 

grants the Commission broad discretion 

to revise its rules ‘‘as necessary or 

appropriate’’ to carry out the Act’s 

purposes, we find that the Act, as a 

whole, authorizes the Commission to 

modify the analog (and pre-transition 

digital) service termination procedures 

initially established in the Third DTV 

Periodic Report and Order. We find that 

Congress simply intended in Section 

4(a) of the DTV Delay Act to make it 

clear that it was not overriding the 

FCC’s existing termination procedures— 

not to prevent the FCC from modifying 

those procedures. We note, however, 

that the new procedures that we adopt 

herein and propose in the companion 

NPRM will provide stations with 

flexibility to terminate analog (and pretransition digital) television service 

before the new transition deadline of 

June 12, 2009. 

31. The Third DTV Periodic Report 

and Order established streamlined 

notification procedures for stations 

planning to terminate analog service on 

a date 90 days or less before the 

transition date. Such early terminations 

were permitted if ‘‘necessary for 

purposes of the transition,’’ and with 

notification to the Commission as well 

as to viewers. In the February 5 Public 

Notice, we stated that for analog 

terminations on or after March 14, 

stations must notify us at least 30 days 

prior to the termination date and 

provide viewer notifications for at least 

30 days prior to their termination of 

analog service pursuant to the Third 

DTV Periodic Report and Order 

procedures. Except in the case of 

equipment failure, we said we would 

not permit stations to terminate analog 

service with less than 30 days notice to 

the Commission and the stations’ 

viewers. We reserved the right, 

however, to amend these rules and 

procedures, if necessary, and we do so 

here in order to carry out the purposes 

of the DTV Delay Act. 

32. Accordingly, only notifications 

filed prior to March 17, 2009, and in 

compliance with the procedures 

adopted in this docket will be accepted. 

Stations should not file 30-day advance 

notifications of intent to terminate 

analog service, and will not be 

authorized to terminate analog service 

prior to June 12, 2009 based upon the 

filing of any notification submitted 

before we finalize and release the analog 

service termination procedures. In the 

companion NPRM, we tentatively 

conclude that stations may terminate no 

earlier than April 16, 2009, to provide 

at least 30 days from the notification 

date for all parties to prepare and 

educate consumers. As required by the 

DTV Delay Act, we will establish final 

analog service termination procedures 

no later than Friday, March 13, 2009 

(which date is 30 days after enactment 

of the DTV Delay Act). 

2. Transition Status Reports (FCC Form 

387) 

33. Consistent with the Third DTV 

Periodic Report and Order and the 

timing adopted in this Order, we require 

all full-power television stations to 

update their DTV Transition Status 

Reports, FCC Form 387, no later than 

Thursday April 16, 2009 to reflect their 

transition plans as a result of the delay 

in the nationwide transition deadline. 

Stations that already filed an update 

since enactment of the DTV Delay Act 

to show that they terminated analog 

television service on or before February 

17, 2009 need not file this update. In the 

Third DTV Periodic Report and Order, 

the Commission established the Form 

387 to require all full-power television 

stations to detail (1) their current 

transition status, (2) any additional 

steps needed to commence their full, 

digital operations, and (3) their timeline 

to meet the transition deadline. In 

addition to two mandatory filing dates 

in February and October of 2008, the 

Commission required stations to 

promptly update their forms as events 

warrant, until they reported the 

completion of their transition. Because 

all stations must reevaluate and adjust 

their plans in light of the delay of the 

transition date, we are requiring this 

mandatory update to the Form 387 for 

stations to provide the details of their 

revised transition plan, including if they 

intend to continue broadcasting an 

analog signal until June 12, 2009. We 

are also revising Form 387 to conform 

to the DTV Delay Act and reflect the 

new June 12, 2009 transition deadline. 

The Commission has received approval 

from OMB for these minor changes to 

the form. The Form 387 must be 

updated electronically using the 

Commission’s Consolidated Database 

System (‘‘CDBS’’) Electronic Filing 

System. 

3. Construction Deadlines, Extension 

Requests, and Tolling Notifications 

34. In the Third DTV Periodic Report 

and Order, the Commission established 

deadlines for full-power television 

stations to construct digital facilities 

and stricter standards for stations to 

obtain extensions of these deadlines. 

The Commission set construction 

deadlines of May or August 2008 for 

stations that were going to use their 

current (pre-transition) DTV channel for 

post-transition operations, but 

established a deadline of February 17, 

2009 (the previous transition date) for 

stations that: (1) Were building digital 

facilities based on a new channel 

allotment in the post-transition DTV 

Table of Allotments, i.e., the station 

would be either returning to its analog 

channel or moving to a new digital 

channel for post-transition operations; 

or (2) demonstrated that a unique 

technical challenge, such as the need to 

reposition a side-mounted antenna, 

prevents them from completing 

construction of their final DTV facilities. 

The Commission also established 

stricter standards for granting 

extensions of time to construct digital 

facilities. More specifically, the 

Commission required stations with a 

construction deadline on or before 

February 17, 2009 to apply for an 

extension under the revised extension 

request standard in Section 73.624(d)(3) 

of the rules and required stations with 

a construction deadline occurring 

February 18, 2009 or later to seek an 

extension under the even stricter tolling 

standard set forth in Section 73.3598(b) 

of the rules. 

35. 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). We now revise 

Section 73.624(d)(1)(vii) of the rules to 

reflect this change. Accordingly, these 

stations must complete construction of 

their digital facility no later than June 

12, 2009. In addition, in the First DTV 

Delay Order, we also extended until 

June 12, 2009 the analog license terms 

and adjusted the construction permits 

for full power television stations. In the 

First DTV Delay Order, we noted that a 


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number of stations are operating with 

reduced analog facilities pursuant to 

special temporary authority, based upon 

a showing that the service reduction 

was directly related to the construction 

and operation of their post-transition 

facilities, and extended the date of 

termination for these STAs from 

February 17, 2009 to June 12, 2009 

(11:59:59 p.m. local time). This 

extension, however, does not apply to 

STAs granted to stations for reasons not 

related to the DTV transition including 

those STAs filed for emergency 

reductions in power. These other 

stations must request Commission 

approval for an extension to remain at 

reduced power by filing an analog 

engineering STA. These STAs will be 

reviewed on a case-by-case basis. By 

this Order we also extend until June 12, 

2009 (11:59:59 p.m. local time) the 

license terms for pre-transition digital 

operations and adjust the pre-transition 

digital authorizations, accordingly. 

Stations’ construction permits expire on 

June 12, 2009 at 11:59:59 local time. We 

also note that a station which has a 

maximized construction permit that 

expires on June 12, 2009, and which 

completes construction of its initial 

post-transition authorized facility by 

that date may file an application for a 

license to cover the constructed initial 

facility, and may also request that the 

construction deadline for its maximized 

construction permit be extended to 

three years from the date its maximized 

construction permit applications was 

granted. Such requests should be 

directed via e-mail to Kevin Harding of 

the Media Bureau’s Video Division at 

Kevin.Harding@fcc.gov. 

36. Consistent with our extension of 

the construction deadlines, we extend to 

June 12, 2009 the date for granting 

extensions of time to construct digital 

facilities. Accordingly, we revise 

Sections 73.624(d)(3)(ii) and (iii) of our 

rules and 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. This extension is 

consistent with the decision made in the 

Third DTV Periodic Report and Order to 

allow stations building their authorized 

post-transition facility to rely upon the 

extension standards until the date of the 

transition deadline and thereafter to 

apply the tolling standard that applies 

to other broadcast facilities. We take this 

opportunity to remind stations that if 

their construction deadline is extended 

beyond June 12, 2009, the tolling 

standard applies to the extended 

construction deadline, and stations may 

use only the tolling criteria as a basis for 

failing to complete construction. We 

revise Section 73.3598(b)(3) of our rules 

to reflect the new transition deadline. 

37. Phased Transition Provisions. We 

find there is no need to extend the 

Special Temporary Authority (STA) 

deadlines established for stations 

through the phased transition 

provisions of the Third DTV Periodic 

Report and Order. 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. 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 must commence operations on 

their final, post-transition (digital) 

channel no later than February 18, 2010. 

Second, the Commission granted a onetime six-month STA to stations to build 

less than their full, authorized facility 

by their construction deadline. These 

stations must commence operations at 

full, authorized digital facilities no later 

than August 18, 2009. To qualify for 

these 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. 

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 posttransition (DTV) service. The viewer 

notifications must occur every day onair 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. We note that 

stations that started these viewer 

notifications in advance of a previously 

planned February 17, 2009 termination 

that did not occur must restart airing 

these notifications 30 days in advance of 

their phased transition. We find it 

unnecessary at this time to 

automatically extend these STAs. In 

many cases, these phased transition 

STAs were granted to address 

construction impediments due to 

weather-related concerns. To the extent 

additional time is needed, stations with 

a phased transition STA must comply 

with Section 73.3598(b) tolling standard 

established the Third DTV Periodic 

Report and Order. 

C. 700 MHz Band License Periods and 

Construction Requirements 

38. Section 2(c)(1) of the DTV Delay 

Act states that the Commission ‘‘shall 

extend the terms of the licenses for the 

recovered spectrum, including the 

license period and construction 

requirements associated with those 

licenses, for a 116-day period.’’ Section 

2(c)(2) defines ‘‘recovered spectrum’’ as 

both ‘‘the recovered analog spectrum, as 

such term is defined in section 

309(j)(15)(C)(vi) of the Communications 

Act of 1934’’ and ‘‘the spectrum 

excluded from the definition of 

recovered analog spectrum by 

subclauses (I) and (II) of such section.’’ 

Thus, ‘‘recovered spectrum,’’ as defined 

in the DTV Delay Act, includes all 

spectrum between frequencies 698 and 

806 megahertz, inclusive (700 MHz 

Band). 

39. In this Report and Order, we 

conform the license period in section 


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27.13, and construction deadlines 

provided in section 27.14, to the 

provisions of section 2(c) of the DTV 

Delay Act. Section 27.13 of our rules 

currently provides that the license 

period for the licenses associated with 

the 698–763 MHz and 776–793 MHz 

bands are for a term not to exceed ten 

years from February 17, 2009, the 

previous digital television transition 

date. Section 27.14 of our rules similarly 

ties the construction benchmarks and 

associated reporting requirements to 

February 17, 2009. Accordingly, we 

modify these dates to implement the 

116 day extension required by the DTV 

Delay Act. 

40. In addition, we conform sections 

27.1310, 90.528, and 90.1410 of the 700 

MHz Public/Private Partnership rules to 

the provisions of section 2(c) of the DTV 

Delay Act. We note that these rules are 

under consideration in a pending 

rulemaking proceeding and may be 

further revised in that proceeding. 

D. Analog Nightlight Program 

41. The Short-term Analog Flash and 

Emergency Readiness Act was enacted 

on December 23, 2008, prior to the 

enactment of the DTV Delay Act. It 

required the Commission to develop 

and implement a program to ‘‘encourage 

and permit’’ continued analog television 

service during the 30-day period after 

the DTV transition for the purpose of 

providing emergency and DTV 

transition information to viewers who 

had not obtained the necessary 

equipment to receive digital broadcasts 

by the transition deadline, which was 

then February 17, 2009. The Analog 

Nightlight Act specified that the analog 

nightlight program is to occur ‘‘during 

the 30-day period beginning on the day 

after the date established by law under 

section 3002(b) of the Digital Television 

Transition and Public Safety Act of 2005 

for termination of all licenses for fullpower television stations in the analog 

television service and the cessation of 

broadcasting by full-power stations in 

the analog television service.’’ On 

January 15, 2009, the Commission 

adopted and released the ‘‘Analog 

Nightlight Order’’ implementing the 

Analog Nightlight Act and listing 

stations eligible to participate in the 

Analog Nightlight program. The DTV 

Delay Act amends Section 3002(b) of the 

Digital Television Transition and Public 

Safety Act of 2005 by striking ‘‘February 

18, 2009’’ and inserting ‘‘June 13, 2009.’’ 

In light of the fact that the Analog 

Nightlight Act’s language ties the 

provision of ‘‘Nightlight’’ service to the 

nationwide DTV transition deadline 

provided for by statute, rather to the 

original statutory deadline of February 

17, 2009, we conclude that the 30-day 

period applicable to the Analog 

Nightlight program will begin following 

the new transition deadline and will run 

from and including June 13 through July 

12, 2009. We note that this statutory 

post-transition Nightlight is distinct 

from the 60-day pre-transition 

‘‘enhanced nightlight’’ adopted for some 

network affiliates that transitioned on 

February 17, 2009, and proposed in the 

companion NPRM. 

42. We find that our interpretation of 

the Analog Nightlight Act is also the 

most practical and logical approach to 

fulfilling the purpose of the analog 

nightlight program. We expect that the 

additional time afforded by the DTV 

Delay Act will enable many more 

people to be fully prepared for the final 

transition of full-power analog to 

digital-only broadcasting on June 12. 

Nevertheless, we recognize that some 

people may not have their equipment in 

place even by June 12 and, therefore, 

could benefit from the continuing 

availability of analog television service 

for a limited period of time to provide 

information about the DTV transition 

and, if necessary, emergency 

information. Accordingly, we find that 

allowing analog nightlight operation 

pursuant to the Analog Nightlight Act 

during the 30-day period after June 13 

is consistent with section 4(c) of the 

DTV Delay Act, which authorizes the 

Commission to take such actions as it 

deems necessary or appropriate to carry 

out the purposes of the DTV Delay Act 

and ensure a smooth transition. 

43. We see no reason to revise the 

Analog Nightlight program as we 

implemented it in the Analog Nightlight 

Order and will retain the parameters of 

the program without change except for 

the delay in timing. We note, however, 

that it is necessary to correct Appendix 

A to the Analog Nightlight Order by 

deleting three stations that were listed 

in error and correcting the column 

headings in that appendix for the 

‘‘pre-’’ and ‘‘post-’’ transition channels. 

The titles of columns G and H in 

Appendix A were reversed. Column G, 

which was titled Post-Transition 

Channel, should be ‘‘Pre-Transition 

Channel’’ and Column H, which was 

titled Pre-Transition Channel, should be 

‘‘Post-Transition Channel.’’ 

44. The following stations were 

incorrectly listed in Appendix A of the 

Analog Nightlight Order as preapproved to be eligible for the analog 

nightlight program: KXGN, Glendive, 

MT and KALO, Honolulu, HI, both of 

which have been authorized to use their 

analog channels for post-transition 

digital operation, and therefore cannot 

remain on their analog channels after 

the transition; and KPBS, San Diego, 

CA, whose analog channel 15 has been 

authorized for public safety use 

following the transition, thus 

eliminating it from eligibility as a 

nightlight. 

45. We intend to reevaluate the 

stations listed as eligible in Appendix A 

of the Analog Nightlight Order as we 

near the new June 12, 2009 transition 

deadline to determine if there are 

changes in circumstances and facilities 

that call for adjustments to those listed. 

Stations that want to provide nightlight 

service may notify us in accordance 

with the filing procedures established in 

the Analog Nightlight Order. Stations 

that are pre-approved by the 

Commission to be eligible to participate 

in the analog nightlight program may 

notify the Commission of their intent to 

participate in the analog nightlight 

program by either filing a Legal STA 

electronically through the Commission’s 

Consolidated Database System 

(‘‘CDBS’’) using the Informal 

Application filing form or by sending an 

e-mail to nightlight@fcc.gov; stations 

that are not pre-approved for the 

program by the Commission may, 

nonetheless, request Commission 

approval to participate in the analog 

nightlight program by filing an 

Engineering STA notification 

electronically through CDBS using the 

Informal Application filing form. We 

delegate to the Media Bureau or Office 

of Engineering and Technology, as 

appropriate, the authority to revise and 

adopt amended lists of pre-approved 

stations, as may be necessary, including 

issuing an Erratum to correct the 

Appendix A of the Analog Nightlight 

Order, consistent with the preceding 

paragraphs above. 

IV. Procedural Matters 

A. Statutory Authority and Good Cause 

Findings 

46. For the reasons below, pursuant to 

section 4(c) of the DTV Delay Act, we 

conclude that the rule changes and 

other actions herein are not subject to 

the rulemaking requirements of the 

Administrative Procedure Act, 5 U.S.C. 

551, et seq. (APA), Congressional 

Review Act, 5 U.S.C. 801, et seq. (CRA), 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq. (RFA), or any other provision of 

law that otherwise would apply and 

would impede implementation of the 

statutory directives. In any event, we 

also conclude that there is good cause 

for departure from such requirements 

here. Nevertheless, we are providing 

notice and an abbreviated opportunity 

for public comment regarding the issues 

addressed in Section IV above to allow 


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Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 8877 

interested parties to contribute to our 

consideration of these issues to the 

extent possible in the limited time that 

Congress has provided. 

47. Section 4 of the DTV Delay Act 

provides that, ‘‘[n]otwithstanding any 

other provision of law,’’ the 

Commission must ‘‘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 and the amendments made 

by this Act’’ within 30 days of the date 

of its enactment. The ‘‘notwithstanding’’ 

clause plainly excuses compliance with 

otherwise applicable legal requirements 

that would impede FCC actions to 

implement the DTV Delay Act by the 

statutory deadline. In other contexts, the 

DC Circuit has interpreted similar 

‘‘notwithstanding’’ language ‘‘to 

supersede all other laws, stating that ‘a 

clearer statement is difficult to 

imagine.’ ’’ The plain meaning of the 

DTV Delay Act’s language is reinforced 

by the circumstances surrounding its 

passage. Congress extended the 

imminent DTV transition deadline to 

enhance national preparedness for the 

DTV transition, and examination of the 

legislative history reflects its recognition 

that accomplishing this goal would 

require extraordinary and immediate 

action by the Commission and others. 

Thus, the Act requires the FCC to act 

not later than 30 days after the date of 

enactment, and grants it broad 

discretion within that brief period to 

take such actions ‘‘as may be necessary 

or appropriate’’ to accomplish the Act’s 

goals. For the reasons explained 

elsewhere in this Order, we find that the 

rulemaking and other actions herein are 

necessary and appropriate to implement 

the DTV Delay Act and carry out its 

purposes. As discussed below, 

compliance with the APA and other 

procedural administrative law 

requirements would frustrate or impede 

the FCC’s ability to meet the statutory 

deadline. Therefore, section 4(c) of the 

Act supersedes such legal requirements. 

48. Even if the statutory language 

were ambiguous, we would interpret it 

to exempt the Commission from APA 

and other procedural administrative law 

requirements that cannot be reconciled 

with the statutory mandate. As stated 

above, the Act requires the FCC to 

implement its provisions and purposes 

within 30 days. The fact that many 

Commission rules, regulations and 

orders are tied to the original statutory 

deadline of February 17, 2009, 

combined with the Act’s enactment only 

a few business days before February 17, 

reduced the time frame for many of the 

necessary actions from one month to a 

matter of days. Moreover, given the 

number and complexity of rulemaking 

and other actions required to implement 

the DTV Delay Act and accomplish its 

purposes, combined with the fact that 

the Act itself postpones the nationwide 

DTV transition for a limited period, the 

FCC cannot fulfill the statutory mandate 

and comply with otherwise applicable 

rulemaking and other legal 

requirements. There is insufficient time 

to publish a Notice of Proposed 

Rulemaking in the Federal Register, 

allow time for meaningful comment and 

consider those comments before taking 

all of the necessary legal actions. The 

APA also requires Federal Register 

publication at least 30 days before a 

rule’s effective date. Here, a standard 

comment period after Federal Register 

publication and a 30-day waiting period 

before rules become effective would 

exceed the 30-day period after 

enactment during which agency 

implementation is required. Other legal 

requirements cited above likewise 

require more time than circumstances 

allow. Therefore, even if the statute 

were ambiguous, we would interpret it 

to supersede requirements that cannot 

be harmonized with the statutory 

mandate, including the APA, CRA, and 

RFA. 

49. We also find that there is good 

cause for departure from the APA 

requirements of notice and comment, 

the requirements of the CRA, and a 30- 

day delay before rules become effective 

under the circumstances here. As 

discussed above, the extraordinary 

circumstances surrounding the DTV 

Delay Act create an urgent need for 

rapid action. The statutory deadline for 

Commission action is no more than 30 

days from enactment. The DC Circuit 

has held that ‘‘the extremely limited 

time given by Congress’’ to an agency 

for adoption of regulations ‘‘is a crucial 

factor in establishing ‘good cause’ ’’ 

under the APA. We note that many of 

our actions are of an interim nature, in 

that they will no longer be in force after 

June 13, 2009. Moreover, some of our 

actions, such as extending the terms of 

the licenses for the recovered spectrum 

(including the license period and 

construction requirements associated 

with those licenses) for 116-day period, 

are non-discretionary or ministerial in 

nature. Accordingly, even if our actions 

were subject to the APA (and, as 

explained above, they are not), we find 

that there is good cause for departure 

from APA requirements because the 

circumstances make compliance 

impracticable or unnecessary. 

Nevertheless, as indicated above, we are 

providing notice and an abbreviated 

opportunity for public comment 

regarding the issues addressed in 

Section IV above to allow interested 

parties to contribute to our 

consideration of these issues to the 

extent possible in the limited time that 

we have. We find that the five-day 

comment period provided herein is the 

maximum possible opportunity for 

public comment that we can provide 

and still fulfill our statutory mandate to 

take such actions as are necessary or 

appropriate to implement the DTV 

Delay Act and accomplish its purposes 

within 30 days of the Act’s enactment, 

or no later than March 13, 2009. 

B. Petitions for Reconsideration To Be 

Expeditiously Resolved 

50. Although, as discussed above, the 

DTV Delay Act did not provide 

sufficient time to take comments on 

each aspect of the necessary rule 

revisions, Petitions for Reconsideration 

of this Order will be addressed and 

resolved in an expeditious manner. 

V. Ordering Clauses 

51. 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 Appendix. 

52. It is also ordered, pursuant to the 

authority contained in Section 4(c) of 

the DTV Delay Act, DTV Delay Act 

§ 4(c), the rules, forms and procedures 

adopted in this Report and Order will be 

effective upon publication of the 

summary of the Report and Order in the 

Federal Register, except for the 

revisions to Parts 15, 54, and 76 of Title 

47 of the Code of Federal Regulations, 

which are effective beginning April 1, 

2009. We anticipate that the summary of 

the Order will be published in the 

Federal Register at least 30 days before 

the effective date of April 1, 2009. In the 

event that publication is delayed, 

however, we find good cause for these 

rules to be effective on April 1, 2009, to 

ensure that consumers are informed 

about the digital television transition 

that is occurring on a rolling basis 

nationwide, and no later than June 12, 

2009. 


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8878 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 

List of Subjects 

47 CFR Part 15 

Communications equipment, Digital 

Television, and Digital Television 

Equipment. 

47 CFR Part 27 

Communications common carriers, 

Radio, Wireless Communications 

Services, 700 MHz Band. 

47 CFR Part 73 

Digital Television, Reporting and 

recordkeeping requirements, and 

Television. 

47 CFR Part 76 

Cable Television and Digital 

Television. 

47 CFR Part 90 

Radio, Private Land Mobile Radio 

Services, Public Safety 

Communications, 700 MHz Band. 

Federal Communications Commission. 

William F. Caton, 

Deputy Secretary. 

Final Rules 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR parts 15, 

27, 54, 73, 76 and 90 to read as follows: 

PART 15—RADIO FREQUENCY 

DEVICES 

■ 1. The authority citation for part 15 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302a, 303, 304, 

307, 336, and 544a. 

■ 2. Amend § 15.124 as follows: 

■ a. In paragraph (a), remove the date 

‘‘May 30, 2008’’ and add in its place the 

date ‘‘April 1, 2009’’ and remove the 

date ‘‘March 31, 2009’’ and add in its 

place the date ‘‘June 30, 2009’’. 

■ b. Revise paragraphs (b)(2)(i) and (ii) 

to read as follows: 

§ 15.124 DTV transition notices by 

manufacturers of televisions and related 

devices. 

* * * * * 

(b) * * * 

(2) * * * 

(i) 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. 

(ii) Information about the DTV 

transition is available from your local 

television stations, http://www.DTV.gov, 

or 1–888–CALL–FCC (TTY 1–888– 

TELL–FCC), and from http:// 

www.dtv2009.gov or 1–888–DTV–2009 

(TTY 1–877–530–2634) for information 

about subsidized coupons for digital-toanalog converter boxes; and 

* * * * * 

PART 27—MISCELLANEOUS 

WIRELESS COMMUNICATIONS 

SERVICES 

■ 3. The authority citation for part 27 

continues to read as follows: 

Authority: 47 U.S.C. 154, 301, 302, 303, 

307, 309, 332, 336, and 337 unless otherwise 

noted. 

■ 4. Amend § 27.13 to revise paragraph 

(b) to read as follows: 

§ 27.13 License period. 

* * * * * 

(b) 698–763 MHz, 776–793 MHz, 775– 

776, and 805–806 MHz bands. Initial 

authorizations for the 698–763 MHz and 

776–793 MHz bands will extend for a 

term not to exceed ten years from June 

13, 2009, except that initial 

authorizations for a Part 27 licensee that 

provides broadcast services, whether 

exclusively or in combination with 

other services, will not exceed eight 

years. Initial authorizations for the 775– 

776 MHz and 805–806 MHz bands shall 

not exceed April 27, 2015. Licensees 

that initiate the provision of a broadcast 

service, whether exclusively or in 

combination with other services, may 

not provide this service for more than 

eight years or beyond the end of the 

license term if no broadcast service had 

been provided, whichever period is 

shorter in length. 

* * * * * 

§ 27.14 [Amended] 

■ 5. In § 27.14, paragraphs (g), (g)(1), (h), 

(h)(1), (i)(1), (l), and (m)(1) remove the 

date ‘‘February 17’’ and add in its place 

the date ‘‘June 13’’ each place it appears. 

§ 27.20 [Amended] 

■ 6. In § 27.20, paragraph (c), remove 

the words ‘‘first quarter’’ and add in 

their place the words ‘‘second quarter’’. 

§ 27.1310 [Amended] 

■ 7. In § 27.1310, paragraph (j), remove 

the date ‘‘February 17’’ and add in its 

place the date ‘‘June 13’’. 

PART 54—UNIVERSAL SERVICE 

■ 8. The authority citation for part 54 

continues to read as follows: 

Authority: 47 U.S.C. 151, 154(i), 201, 205, 

214, and 254 unless otherwise noted. 

§ 54.418 [Amended] 

■ 9. Amend § 54.418 as follows: 

■ a. In paragraph (a), remove the words 

‘‘April 30, 2008’’ and add in their place 

the date ‘‘April 1, 2009,’’ and remove 

the words ‘‘in March’’ and add in their 

place the words ‘‘on June 30,’’. 

■ b. Revise paragraphs (b)(2)(i) and (ii) 

to read as set forth below. 

■ c. In paragraph (d), remove the date 

‘‘March 31, 2009’’ and add in its place 

the date ‘‘June 30, 2009’’. 

§ 54.418 Digital television transition 

notices by eligible telecommunications 

carriers. 

* * * * * 

(b) * * * 

(2) * * * 

(i) 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. 

(ii) Information about the DTV 

transition is available from your local 

television stations, http://www.DTV.gov, 

or 1–888–CALL–FCC (TTY 1–888– 

TELL–FCC), and from http:// 

www.dtv2009.gov or 1–888–DTV–2009 

(TTY 1–877–530–2634) for information 

about subsidized coupons for digital-toanalog converter boxes; 

* * * * * 

PART 73—RADIO BROADCAST 

SERVICES 

■ 10. The authority citation for part 73 

continues to read as follows: 

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

§ 73.624 [Amended] 

■ 11. Amend § 73.624 as follows: 

■ a. In paragraphs (d)(1)(vii) and 

(d)(3)(iii), remove the date ‘‘February 17, 

2009’’ and add in its place, the date 

‘‘June 12, 2009’’. 


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Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 8879 

■ b. In paragraph (d)(3)(ii), remove the 

date ‘‘February 18, 2009’’ and add in its 

place the date ‘‘June 13, 2009’’. 

■ 12. Amend § 73.674 as follows: 

■ a. In paragraphs (b)(3), (c)(1), (d)(5), 

(e)(1) and (e)(2), remove the date 

‘‘February 17, 2009’’ and add in its 

place the date ‘‘June 12, 2009’’ each 

place it appears, and remove the date 

‘‘March 31, 2009’’ and add in its place 

the date ‘‘June 30, 2009’’ each place it 

appears. 

■ b. In paragraphs (d)(6) and (d)(6)(iv), 

remove the date ‘‘November 10, 2008’’ 

and add in its place the date ‘‘March 4, 

2009’’ and remove the date ‘‘February 

17, 2009’’ and add in its place the word 

‘‘transition’’. 

■ c. Revise paragraph (c)(3)(vi)(A), to 

read as follows: 

§ 73.674 Digital television transition 

notices by broadcasters. 

* * * * * 

(c) * * * 

(3) * * * 

(vi) * * * 

(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. 

* * * * * 

■ 13. In § 73.3598, paragraph (b)(3), 

remove the date ‘‘February 17, 2009’’ 

and add in its place the date ‘‘June 12, 

2009’’. 

PART 76—MULTICHANNEL VIDEO 

AND CABLE TELEVISION SERVICE 

■ 14. The authority citation for part 76 

continues to read as follows: 

Authority: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 336, 339, 503, 521, 522, 531, 532, 

533, 534, 535, 536, 537, 543, 544, 544a, 545, 

548, 549, 552, 554, 556, 558, 560, 561, 571, 

572, 573. 

■ 15. Amend § 76.1630 as follows: 

■ a. In paragraph (a), remove the words 

‘‘April 26, 2008’’ and add in their place 

the date ‘‘April 1, 2009,’’ and remove 

the words ‘‘in March’’ and add in their 

place the words ‘‘on June 30,’’. 

■ b. Revise paragraphs (b)(2)(i) and (ii) 

to read as follows: 

§ 76.1630 MVPD Digital Television 

Transition Notices. 

* * * * * 

(b) * * * 

(2) * * * 

(i) 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. 

(ii) Information about the DTV 

transition is available from your local 

television stations, http://www.DTV.gov, 

1–888–CALL–FCC (TTY 1–888–TELL– 

FCC), or this MVPD at [telephone 

number and Web site if available], and 

from http://www.dtv2009.gov or 1–888– 

DTV–2009 (TTY 1–877–530–2634) for 

information about subsidized coupons 

for digital-to-analog converter boxes; 

* * * * * 

PART 90—PRIVATE LAND MOBILE 

RADIO SERVICES 

■ 16. The authority citation for part 90 

continues to read as follows: 

Authority: Sections 4(i), 11, 303(g), 303(r), 

and 332(c)(7) of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i), 161, 

303(g), 303(r), and 332(c)(7). 

§ 90.528 [Amended] 

■ 17. In § 90.528, paragraph (d), remove 

the date ‘‘February 17’’ and add in its 

place the date ‘‘June 13’’. 

§ 90.1410 [Amended] 

■ 18. In § 90.1410, paragraph (j), remove 

the date ‘‘February 17’’ and add in its 

place the date ‘‘June 13’’. 

[FR Doc. E9–4256 Filed 2–25–09; 11:15 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XN45 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

hook-and-line fishery for king mackerel 

in the southern Florida west coast 

subzone. This closure is necessary to 

protect the Gulf king mackerel resource. 

DATES: This rule is effective 12:01 a.m., 

local time, February 28, 2009, through 

June 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone 727–824– 

5305, fax 727–824–5308, e-mail 

susan.gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

On April 27, 2000, NMFS 

implemented the final rule (65 FR 

16336, March 28, 2000) that divided the 

Florida west coast subzone of the 

eastern zone into northern and southern 

subzones, and established their separate 

quotas. The quota for the hook-and-line 

fishery in the southern Florida west 

coast subzone is 520,312 lb (236,010 

kg)(50 CFR 622.42(c)(1)(i)(A)(2)(i)). 

Under 50 CFR 622.43(a), NMFS is 

required to close any segment of the 

king mackerel commercial fishery when 

its quota has been reached, or is 

projected to be reached, by filing a 

notification at the Office of the Federal 

Register. NMFS has determined the 


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