Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 11299 

International Direct Sacks—M-Bags 

Global Customized Shipping Services 

Inbound Surface Parcel Post (at non-UPU 

rates) 

Canada Post—United States Postal Service 

Contractual Bilateral Agreement for 

Inbound Competitive Services (MC2009– 

8 and CP2009–9) 

International Money Transfer Service 

International Ancillary Services 

Special Services 

Premium Forwarding Service 

Negotiated Service Agreements 

Domestic 

Express Mail Contract 1 (MC2008–5) 

Express Mail Contract 2 (MC2009–3 and 

CP2009–4) 

Express Mail Contract 3 (MC2009–15 and 

CP2009–21) 

Express Mail & Priority Mail Contract 1 

(MC2009–6 and CP2009–7) 

Express Mail & Priority Mail Contract 2 

(MC2009–12 and CP2009–14) 

Express Mail & Priority Mail Contract 3 

(MC2009–13 and CP2009–17) 

Express Mail & Priority Mail Contract 4 

(MC2009–17 and CP2009–24) 

Express Mail & Priority Mail Contract 5 

(MC2009–18 and CP2009–25) 

Parcel Return Service Contract 1 (MC2009– 

1 and CP2009–2) 

Priority Mail Contract 1 (MC2008–8 and 

CP2008–26) 

Priority Mail Contract 2 (MC2009–2 and 

CP2009–3) 

Priority Mail Contract 3 (MC2009–4 and 

CP2009–5) 

Priority Mail Contract 4 (MC2009–5 and 

CP2009–6) 

Outbound International 

Global Direct Contracts (MC2009–9, 

CP2009–10, and CP2009–11) 

Global Expedited Package Services (GEPS) 

Contracts 

GEPS 1 (CP2008–5, CP2008–11, CP2008– 

12, and CP2008–13, CP2008–18, 

CP2008–19, CP2008–20, CP2008–21, 

CP2008–22, CP2008–23, and CP2008–24) 

Global Plus Contracts 

Global Plus 1 (CP2008–9 and CP2008–10) 

Global Plus 2 (MC2008–7, CP2008–16 and 

CP2008–17) 

Inbound International 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

(MC2008–6, CP2008–14 and CP2008–15) 

International Business Reply Service 

Competitive Contract 1 (MC2009–14 and 

CP2009–20) 

Competitive Product Descriptions 

Express Mail 

[Reserved for Group Description] 

Express Mail 

[Reserved for Product Description] 

Outbound International Expedited Services 

[Reserved for Product Description] 

Inbound International Expedited Services 

[Reserved for Product Description] 

Priority 

[Reserved for Product Description] 

Priority Mail 

[Reserved for Product Description] 

Outbound Priority Mail International 

[Reserved for Product Description] 

Inbound Air Parcel Post 

[Reserved for Product Description] 

Parcel Select 

[Reserved for Group Description] 

Parcel Return Service 

[Reserved for Group Description] 

International 

[Reserved for Group Description] 

International Priority Airlift (IPA) 

[Reserved for Product Description] 

International Surface Airlift (ISAL) 

[Reserved for Product Description] 

International Direct Sacks—M-Bags 

[Reserved for Product Description] 

Global Customized Shipping Services 

[Reserved for Product Description] 

International Money Transfer Service 

[Reserved for Product Description] 

Inbound Surface Parcel Post (at non-UPU 

rates) 

[Reserved for Product Description] 

International Ancillary Services 

[Reserved for Product Description] 

International Certificate of Mailing 

[Reserved for Product Description] 

International Registered Mail 

[Reserved for Product Description] 

International Return Receipt 

[Reserved for Product Description] 

International Restricted Delivery 

[Reserved for Product Description] 

International Insurance 

[Reserved for Product Description] 

Negotiated Service Agreements 

[Reserved for Group Description] 

Domestic 

[Reserved for Product Description] 

Outbound International 

[Reserved for Group Description] 

Part C—Glossary of Terms and Conditions 

[Reserved] 

Part D—Country Price Lists for International 

Mail [Reserved] 

[FR Doc. E9–5755 Filed 3–16–09; 8:45 am] 

BILLING CODE 7710–FW–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 09–17; FCC 09–19] 

Implementation of the DTV Delay Act 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document completes the 

most essential remaining actions 

necessitated by the delay in the DTV 

transition deadline. In the DTV Delay 

Act, Congress extended the DTV 

transition deadline from February 17, 

2009, to June 12, 2009, in an effort to 

provide consumers additional time to 

prepare for the transition from analog to 

digital broadcasting. The Act directed 

the Commission to take any actions 

‘‘necessary or appropriate to implement 

the provisions, and carry out the 

purposes’’ of the Act, and to do so 

within 30 days. This document 

implements procedures and prescribes 

timing for stations to transition early, 

while providing viewers who are not 

prepared with a lifeline of analog 

service and both on-air and off-air 

educational information about the 

transition. The document also adjusts 

the consumer education requirements 

placed on broadcasters to eliminate any 

unnecessary burden after the transition 

while ensuring that on the most 

meaningful information is provided to 

viewers before they transition, and 

addresses other issues. 

DATES: Effective March 13, 2009. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: For 

more information, please contact Lyle 

Elder, Lyle.Elder@fcc.gov, at 202–418– 

2120; or Evan Baranoff, 

Evan.Baranoff@fcc.gov, at 202–418– 

7142, 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 Third 

Report and Order, FCC 09–19, adopted 

and released on March 13, 2009. The 

full text of this document is available for 

public inspection and copying during 

regular business hours in the FCC 

Reference Center, Federal 

Communications Commission, 445 12th 

Street, SW., CY–A257, Washington, DC, 

20554. These documents will also be 

available via ECFS (http://www.fcc.gov/ 

cgb/ecfs/). (Documents will be available 

electronically in ASCII, Word 97, and/ 

or Adobe Acrobat.) The complete text 

may be purchased from the 

Commission’s copy contractor, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Summary of the Report and Order 

I. Introduction 

1. In this Report and Order, the third 

in response to the Congressional 

extension of the digital television (DTV) 


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11300 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 

1 DTV Delay Act, Public Law 111–4, 123 Stat. 112 

(2009) (‘‘DTV Delay Act’’). 

2See, e.g., 155 Cong. Rec. E240–02. 

3 DTV Delay Act sec. 4(c). In addition, the DTV 

Delay Act amends the Digital Television and Public 

Safety Act of 2005 (‘‘DTV Act’’), Public Law 109– 

171, 120 Stat. 4 (2006), to direct the Commission 

to ‘‘take such actions as are necessary (1) to 

terminate all licenses for full-power television 

stations in the analog television service, and to 

require the cessation of broadcasting by full-power 

stations in the analog television service, by June 13, 

2009; and (2) to require by June 13, 2009, * * * all 

broadcasting by full-power stations in the digital 

television service, occur only on channels between 

channels 2 and 36, inclusive, or 38 and 51, 

inclusive (between frequencies 54 and 698 

megahertz, inclusive).’’ 47 U.S.C. 309 Note. The 

statutory deadline for Commission action is March 

13, 2009. 

4FCC Announces Procedures Regarding 

Termination of Analog Television Service On or 

After February 17, 2009, Public Notice, FCC 09–6 

( Feb. 5, 2009) (‘‘February 5th PN’’); FCC Releases 

Lists of Stations Whose Analog Operations 

Terminate Before February 17, 2009 or that Intend 

to Terminate Analog Operations on February 17, 

2009, Public Notice, DA 09–221 (MB Feb. 10, 2009) 

(‘‘February 10th PN’’); FCC Requires Public Interest 

Conditions for Certain Analog TV Terminations on 

February 17, 2009, Public Notice, FCC 09–7 (Feb. 

11, 2009) (‘‘February 11th PN’’); FCC Releases Lists 

of TV Stations’ Responses to Requirements for 

Analog Termination on February 17, 2009, Public 

Notice, DA 09–245 (MB Feb. 13, 2009) (‘‘February 

13th PN’’). 

5 Implementation of the DTV Delay Act, MB 

Docket No. 09–17, Report and Order and Sua 

Sponte Order on Reconsideration, FCC 09–9 (rel. 

Feb. 13, 2009), 74 FR 7654 (February 19, 2009) 

(‘‘First DTV Delay Order’’). 

6 Implementation of the DTV Delay Act, MB 

Docket No. 09–17, Second Report and Order and 

Notice of Proposed Rulemaking, FCC 09–11, para 19 

(rel. Feb. 20, 2009) (‘‘Omnibus Order’’ or ‘‘NPRM’’). 

7One of those actions was the adoption of rules 

for the Option Two 100-Day Countdown, which 

was subsequently temporarily waived. Temporary 

Waiver of 100-Day Countdown Requirement, Public 

Notice, FCC 09–15 (Mar. 3, 2009). As discussed in 

Section III.C.6, infra, we implement revised final 

rules for the countdown in this Order. 

transition deadline, we take the next 

actions necessary to implement the 

‘‘DTV Delay Act,’’ which was enacted 

into law on February 11, 2009.1 In the 

DTV Delay Act, Congress extended the 

DTV transition deadline from February 

17, 2009, to June 12, 2009, in an effort 

to provide consumers additional time to 

prepare for the transition from analog to 

digital broadcasting.2 The Act directed 

the Commission to take any actions 

‘‘necessary or appropriate to implement 

the provisions, and carry out the 

purposes’’ of the Act, and to do so 

within 30 days.3 The Commission has 

already taken steps to comply with the 

DTV Delay Act directive. We issued a 

series of public notices (PNs) 

establishing and implementing the early 

transition process for stations that 

transitioned on February 17, 2009.4 The 

first Report and Order in the DTV Delay 

Act docket extended the analog license 

terms and adjusted the construction 

permits for the full power television 

stations subject to the DTV Delay Act.5

The Second Report and Order, 74 FR 

8868 (February 27, 2009) (‘‘Omnibus 

Order’’), and Notice of Proposed 

Rulemaking, 74 FR 8889 (February 27, 

2009) (‘‘NPRM’’) 6 addressed the 

remaining time-sensitive actions 

necessitated by the delay in the 

transition deadline.7 The companion 

NPRM sought comment on the 

procedures for early analog termination 

and issues relating to DTV transition 

consumer education, and we address 

those issues in the instant Order. 

2. The actions taken thus far, and 

again in this Order, balance consumers’ 

need for time and information with 

broadcasters’ need for flexibility. This 

balance is implicit in the DTV Delay 

Act, which extended the deadline for 

the transition expressly to provide the 

American public with more time to 

prepare for the transition to digital 

television, while allowing broadcasters 

to complete their transitions prior to 

June 12, 2009, subject to such rules as 

the Commission finds necessary or 

appropriate. This Order implements 

procedures and prescribes timing for 

stations to transition early while 

providing viewers who are not prepared 

with a lifeline of analog service and 

both on-air and off-air educational 

information about the transition. The 

Order also adjusts the consumer 

education requirements placed on 

broadcasters to eliminate any 

unnecessary burden after the transition 

while ensuring that the most meaningful 

information is provided to viewers 

before the stations complete their 

transition, and addresses other issues. 

II. Executive Summary 

3. This Report and Order takes the 

following actions to implement the DTV 

Delay Act: 

Analog Service Terminations 

• In the Omnibus Order, we revised 

our analog service termination and 

reduction procedures to require stations 

that have not terminated analog service 

to file a binding notice of their proposed 

analog service termination date by 

March 17, 2009. 

• Stations that notify us by March 17, 

2009 may proceed with their planned 

terminations without specific individual 

approval, with limited exceptions. 

• We adopt the Analog Service 

Termination Notification form, which 

must be filed by every station that has 

not yet terminated analog service. 

• Stations generally may not 

terminate analog service before April 16, 

2009. 

• Noncommercial educational 

stations may terminate before April 16, 

but not before March 27, if they certify 

in their analog termination form that 

they need to terminate before April 16 

due to significant financial hardship. 

• We require all stations that 

terminate before June 12, 2009, to air 

viewer notifications for the 30 days 

prior to their transition. These viewer 

notifications are based on those required 

in the Third DTV Periodic Report and 

Order, but also require information 

about service loss from stations 

predicted to lose more than 2 percent of 

their analog viewers. 

• Major network affiliates may 

terminate analog service prior to June 

12, 2009, provided at least 90 percent of 

their analog viewers will receive 

continuing full analog service from 

another major network affiliate through 

June 12, 2009. 

• If a major network affiliate elects to 

terminate prior to June 12 and more 

than 10 percent of its viewers will not 

continue to have full analog service 

from another major network affiliate, the 

station must undertake specified public 

interest measures, and so certify on the 

Analog Service Termination 

Notification form: (1) At least 90 percent 

of the population in its Grade B analog 

contour must receive some analog 

service from a major network affiliate 

through June 12 (either ‘‘enhanced 

nightlight’’ or some combination of 

enhanced nightlight and full analog 

service from a major network affiliate); 

and (2) it will comply with the other 

public interest conditions set forth 

herein, including walk-in help centers, 

consumer referral telephone numbers, 

and DTV education and outreach. 

• We permit all stations to terminate 

analog service at any time of day on 

their final day of analog service and 

require that they notify the Commission 

on the Analog Service Termination 

Notification form of the approximate 

time they will terminate. 

DTV Consumer Education Initiative 

• We amend the DTV Consumer 

Education Initiative requirements to 

ensure that consumers will receive the 

information they need to make proper 

preparations for the digital transition of 

the stations on which they rely for 

television service: 

Æ Beginning April 1, 2009, if the 

FCC’s Signal Loss Report predicts that 2 

percent or more of the population in a 

station’s Grade B analog service contour 

will not receive the station’s digital 

signal, the station must air service loss 

notices. These notices are in addition to 

the existing consumer education 

requirements. 


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Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 11301 

8We make no amendments to the Pre-Transition 

Digital Termination procedures adopted in the 

Third DTV Periodic Report and Order. Third 

Periodic Review of the Commission’s Rules and 

Policies Affecting the Conversion to Digital 

Television, MB Docket 07–91, Report and Order, 23 

FCC Rcd 2994, 3045, para 133. (‘‘Third DTV 

Periodic Report and Order’’.) 

9Although the Omnibus Order referred to ‘‘all’’ 

stations, we take this opportunity to clarify that this 

filing requirement is limited to full-power 

television stations that are still broadcasting in 

analog (excluding analog nightlight service). Those 

stations that terminated analog television service on 

or before February 17, 2009 do not need to file this 

form. 

10 DTV Delay Act Omnibus Order, FCC 09–11 at 

paras 26–32. The rule changes herein apply to 

analog service terminations and substantial 

reductions to analog service. In general, a 

‘‘substantial’’ reduction is one that would affect 

more than 10 percent of the population in a 

station’s service area, as represented by the 

predicted Grade B contour. References to 

‘‘termination’’ here are intended to apply to such 

substantial reductions as well as to terminations. 

11APTS Comments at 6. See also MATC 

Comments. 

12APTS Comments at 6. 

13 KET Comments at 2–3; OSU Comments at 3– 

7. 

Æ Beginning April 1, 2009, all stations 

must include information about the use 

of antennas as part of their consumer 

education campaign, including 

information concerning a station’s 

change from the VHF to UHF bands. 

Æ Beginning April 1, 2009, all stations 

must include information in their 

consumer education campaigns to 

inform and remind viewers about the 

importance of periodically using the 

rescan function of their digital 

televisions and digital converter boxes. 

Æ Beginning April 1, 2009, as part of 

its DTV consumer education campaign, 

every station must air notices providing 

the location and operating hours of 

walk-in DTV help centers in the 

station’s market area; the FCC Call 

Center telephone number and TTY 

number; and the station’s telephone 

number for receiving consumer referrals 

and calls from local viewers. 

• We eliminate the requirement for 

most stations to continue broadcasting 

DTV transition educational information 

after they have terminated analog 

service. 

• A station that has filed a request for 

an extension of the deadline for 

construction of its full, authorized posttransition digital facility, including a 

request for phased transition, or is 

operating under such an extension, 

must continue its DTV consumer 

education campaign until it completes 

construction and commences operation 

of its full, authorized post-transition 

digital facility. 

• We amend the 100-Day Countdown 

requirement and require broadcasters 

subject to the Option Two consumer 

education rules to air a 60-day 

countdown to the date of their 

individual termination of analog 

service. 

• We require broadcasters subject to 

the Option Two and Three consumer 

education rules to air a new, up-to-date 

30 minute informational video before 

they transition. This video must include 

locally specific information, including 

information about the transition dates of 

all stations in the market. 

• We revise Form 388, the DTV 

Quarterly Activity Station Report, to 

reflect the changes we have made to the 

DTV Consumer Education Initiative 

broadcaster rules in this Report and 

Order. 

Other Issues 

• We extend until December 14, 2009, 

the deadline for accepting DTS ‘‘waiver 

policy’’ proposals to permit a station to 

use DTS if doing so will enable it to 

continue to serve its existing analog 

viewers who would otherwise lose 

service as a result of its transition to 

digital service. 

• We reconsider in part, sua sponte, 

the extension for ‘‘phased transitions,’’ 

as described in the Omnibus Order, and 

provide more time for stations facing 

‘‘unique technical challenges’’ to 

complete construction. 

III. Discussion 

A. Analog Service Terminations 

4. As discussed in detail in the 

Omnibus Order, we revised our analog 

service termination and reduction 

procedures 8 to require stations that 

have not terminated analog service 9 to 

file a binding notice of their proposed 

analog service termination date by 

March 17, 2009.10 In this Section, we 

discuss the implementation of the 

Analog Service Termination 

Notification form, which must be filed 

by every station that did not terminate 

analog service on or before February 17, 

2009. We conclude that stations filing to 

terminate analog service prior to June 

12, 2009, may not specify a date earlier 

than April 16, 2009, except in the case 

of a noncommercial educational station 

(‘‘NCE’’) facing significant financial 

hardship, and may not change the date 

they select to any other early (i.e., preJune 12) termination date barring 

equipment failure, natural disaster, or 

another unforeseeable emergency. We 

also adopt requirements to assure that 

viewers are notified of early transitions 

and retain access to some analog service 

through June 12, 2009. Finally, we 

adopt our proposed post-transition 

analog service and consumer outreach 

requirements for the subset of early 

terminators that are major network 

affiliates in areas where all major 

network affiliate analog service will be 

discontinued prior to June 12, 2009. 

5. The Third DTV Periodic Report and 

Order, 72 FR 37310 (July 9, 2007), 

permitted stations to transition without 

prior Commission approval during the 

final months before the transition, but 

they were required to make a showing 

with their notification to the 

Commission that the analog service 

termination was ‘‘necessary to achieve 

their transition.’’ Consistent with this 

requirement, stations that seek to 

transition early must provide us with 

sufficient information in the Analog 

Service Termination Notification to 

enable us to determine whether an early 

analog termination is necessary and in 

the public interest. We will allow 

stations that notify us in a timely 

manner to proceed with their planned 

terminations without specific individual 

approval, with limited exceptions. As 

discussed in the Omnibus Order, we 

cannot forecast and deploy resources to 

prepare and assist consumers based on 

rolling, uncoordinated notifications. We 

believe that allowing any or all stations 

to terminate or substantially reduce 

analog service under the existing Third 

DTV Periodic Report and Order 

procedures would squander the time 

given to us and the country by the delay 

enacted by Congress. 

6. A number of commenters oppose 

the Commission’s decision to revise the 

early analog termination procedures at 

all, and the specific proposals made in 

the NPRM. In its comments, the 

Association of Public Television 

Stations (‘‘APTS’’) focuses largely on the 

argument for permitting NCE stations to 

transition before April 16, which is 

addressed in Section II.A.4, below. 

APTS also argues more generally, 

however, that stations should be 

permitted to terminate at any time 

before June 12, because a ‘‘gradual, 

rolling cessation of analog works 

relatively well and benefits the 

public.’’ 11 It argues that this approach 

provides a steady supply of information 

to the Commission, while minimizing 

viewer disruption, and that ‘‘so far it has 

worked.’’ 12 Some individual stations 

also oppose the imposition of new 

requirements for early termination, even 

when they do not object to terminating 

analog service on April 16 or later.13

McGraw-Hill opposes the extension of 

viewer notification requirements 

beyond 30 days, arguing that longer 

periods of notice could ‘‘adversely 


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11302 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 

14McGraw-Hill Comments at 3. 

15Sunbelt Comments at 4. 

16See, e.g., Barry Comments at 4, note 1 

(proposing to air 30 days worth of notices before 

transitioning on April 16); see also, Joseph Belisle 

Comments (‘‘It is a mistake to adopt onerous, 

endless, unworkable procedures for early 

termination of analog television service.’’). 

17Written testimony of Cathy Seidel, Bureau 

Chief, Consumer and Governmental Affairs at 6–7; 

Written testimony of Eloise Gore, Associate Bureau 

Chief, Media Bureau at 3; Mark Lloyd, Vice 

President for Strategic Initiatives, Leadership 

Conference on Civil Rights and Leadership 

Conference on Civil Rights Education Fund at 5. 

18Omnibus Order, FCC 09–11 at para 30. 

19 DTV Delay Act sec. 4(a). See NAB and MSTV 

Joint Comments at 17–20 (‘‘NAB Comments’’); 

APTS Comments at 2–4; Richard B. Brittain 

Comments; KET Comments at 5, 8–9; OSU 

Comments at 6; ZGS Comments at 4. 20See generally Bell Atlantic Tel. Cos. v. FCC, 131 

F.3d 1044, 1049 (D.C. Cir. 1997) (Under the Chevron 

doctrine, if a statute is silent or ambiguous as to the 

precise question at issue, then a reasonable agency 

interpretation of the statute merits judicial 

deference). 21 DTV Delay Act sec. 4(a). 22NAB Comments at 18. 23 DTV Delay Act sec. 4(c) (‘‘[n]otwithstanding 

any other provision of law, the Federal 

Communications Commission * * * shall, not later 

than 30 days after the date of enactment of this Act, 

* * * adopt or review its rules, regulations, or 

orders to take such other actions as may be 

necessary or appropriate to implement the 

provisions, and carry out the purposes, of this 

Act.’’). Cf. Central Bank of Denver v. First Interstate 

Bank, 511 U.S. 164, 176–77 (1994) (although 

‘‘Congress knew how to impose aiding and abetting 

liability when it chose to do so,’’ it did not use the 

words ‘‘aid’’ and ‘‘abet’’ in the statute, and hence 

did not impose aiding and abetting liability). 

impact a smooth transition’’ and spur 

increased viewer complaints to 

stations.14 Even where commenters do 

not argue that a longer notification 

period would create problems, they 

contend that a 30-day notice period, as 

adopted in the Third DTV Periodic 

Report and Order, is ‘‘sufficient to make 

viewers * * * aware of the final date for 

the termination of analog operations.’’ 15

While there is less universal opposition 

to the proposed requirement to air 

crawls for seven days before analog 

termination, the general consensus 

among commenters is that the existing 

levels of pre-transition viewer 

notification are sufficient.16

7. While we appreciate broadcasters’ 

objections to the changes we are making 

in our procedures, we find it necessary 

to adopt new requirements and 

procedures associated with early 

transitions to assure that viewers are 

fully prepared and equipped to receive 

digital television signals and give up 

analog service. Our experience in 

preparing for the partial transition on 

February 17, as well as the early marketwide transitions in Wilmington, North 

Carolina and Hawaii, have 

demonstrated the importance of on-theground consumer outreach, the 

availability of coupons to defray the cost 

of DTV converter boxes, and the 

availability of the boxes themselves. 

Testimony in the recent Commission en 

banc hearings underscores the time 

needed by retailers, manufacturers, 

NTIA, pay TV services, local and 

national outreach organizations, and our 

own outreach staff to plan for both 

equipment availability and consumer 

education.17 This experience convinces 

us that more than 30 days are needed to 

plan and execute the intensified 

outreach efforts necessary in an area 

with stations transitioning early to 

assure consumer readiness. Indeed, 

more than 60 days is preferable. 

However, we recognize that some 

stations have legitimate needs to 

transition early and that Congress 

required us to balance the consumer 

need for time and information with the 

broadcaster need for flexibility. 

Therefore, we adopt the procedures and 

requirements described here to 

implement this balanced approach. 

8. For stations that elect to transition 

on June 12, the final day of the 

transition, we impose no additional 

requirements for viewer notification. 

Stations that will transition early may 

do so on the day of their choosing; they 

must, however, run daily viewer 

notifications for 30 days prior to 

transitioning, as required under the 

Third DTV Periodic Report and Order 

early termination procedures, 

containing the information described in 

this Order. Additionally, as discussed in 

detail below, affiliates of ABC, CBS, 

FOX, and NBC (‘‘major network 

affiliates’’) that are transitioning early 

must either (1) certify that at least one 

major network affiliate will continue to 

provide full analog service to their 

viewers through June 12, 2009, or (2) 

certify that their viewers will receive 

some continuing ‘‘enhanced nightlight’’ 

analog service, and that they will 

operate or support and publicize a walkin help center and a consumer referral 

telephone number, and provide certain 

specific information about the transition 

in the on-air and other DTV educational 

efforts they undertake. These 

requirements are very similar to those 

we imposed on many major network 

affiliates that transitioned early on 

February 17, 2009. We conclude that 

these requirements are necessary and 

appropriate to implement the DTV 

Delay Act’s provisions and carry out its 

purposes. They retain stations’ 

flexibility to choose a transition date 

prior to June 12, while also addressing 

the needs and helping to ensure the 

readiness of viewers in their markets. 

We also retain the right to revise any 

station’s proposed early termination if 

we find it in the public interest to do so. 

1. Statutory Authority 

9. We reaffirm our conclusion that the 

Commission has authority to modify the 

Third DTV Periodic Report and Order’s 

early termination procedures as 

necessary to implement and carry out 

the purposes of the DTV Delay Act.18 In 

their joint comments, NAB and MSTV 

(‘‘NAB’’) and others disagree with that 

finding, arguing that Section 4(a) of the 

Act plainly requires that broadcasters be 

allowed to cease analog broadcasting 

under the procedures ‘‘in effect on the 

date of enactment of this Act,’’ and 

prevents the Commission from 

modifying those procedures.19 On the 

contrary, we conclude that Section 4(a) 

is ambiguous and reasonably can be 

interpreted to ratify the termination 

procedures that were in effect on the 

date of enactment of the Act without 

restricting the Commission’s authority 

to modify them.20

10. Based on examination of the Act’s 

text, legislative history, and structure, 

we cannot conclude that Section 4(a) 

plainly expresses Congress’s intention 

to restrict FCC authority to modify its 

early termination procedures. Section 

4(a) states that: 

[n]othing in this Act is intended to prevent 

a licensee of a television broadcast station 

from terminating the broadcasting of such 

station’s analog television signal * * * prior 

to the [transition deadline] so long as such 

prior termination is conducted in accordance 

with the Federal Communications 

Commission’s requirements in effect on the 

date of enactment of this Act, including the 

flexible procedures established in the [Third 

DTV Periodic Report and Order].21

NAB maintains that this language 

‘‘specifically allows stations to cease 

analog broadcasting under the existing 

requirements.’’ 22 Although NAB’s 

reading may be plausible, we do not 

agree that it is the only or even the most 

reasonable interpretation of the 

statutory text. The text clearly disavows 

any Congressional intent to override the 

Commission’s existing termination 

procedures. It is silent, however, 

regarding whether the Commission may 

change those procedures. Had Congress 

intended to give broadcasters an 

affirmative right to terminate analog 

transmissions early in accordance with 

the procedures established in the Third 

DTV Periodic Report and Order and 

prevent the Commission from changing 

those procedures, it could easily have 

done so. Congress certainly knew how 

to use broad ‘‘notwithstanding’’ 

language, as it used such language 

elsewhere in the DTV Delay Act.23 We 


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24Trainmen v. Baltimore & Ohio Railroad, 331 

U.S. 519, 528 (1947) (titles of acts or sections can 

provide only limited interpretive aid). 

25See NAB Comments at 18 n.39, citing 

Statement of Rep. Boucher, Cong. Rec. H585 (Jan. 

27, 2009) ‘‘[w]e fully anticipate that the FCC will 

be very flexible in applying’’ the provision allowing 

stations to cease analog broadcasting early); 

Statement of Sen. Hutchinson, Cong. Rec. at S1051 

(Jan 29, 2009) (explaining that the delay of the DTV 

transition date ‘‘is voluntary,’’ which ‘‘was very 

important’’ because ‘‘many broadcast companies 

have made the investment for digital transmission’’ 

and the bill allows them ‘‘to go’’ digital). To the 

extent that NAB suggests that the FCC’s 

modifications of the early termination procedures 

deprive broadcasters of the flexibility that Congress 

intended, we disagree for the reasons set forth 

elsewhere in this Order and our previous Order. We 

believe that our actions afford stations the 

flexibility that they need to choose a termination 

date prior to June 12 while also taking into account 

the needs and readiness of viewers in their markets. 

26 DTV Delay Act sec. 4(c) (authorizing the FCC 

‘‘[n]otwithstanding any other provision of law’’ to 

‘‘adopt or revise its rules, regulations, or orders or 

take such other actions as may be necessary or 

appropriate to implement the provisions, and carry 

out the purposes, of this Act.). 

27 Verizon California, Inc. v. FCC, 2009 WL 

304745 (D.C. Cir. 2009) (context and purpose of 

statute properly considered in determining 

meaning). 

28 DTV Delay Act Second Report and Order and 

NPRM, FCC 09–11 at para 30 n. 59 and 

accompanying text, citing Zemel v. Rusk, 381 U.S. 

1, 9–13 (1965) (Secretary of State had statutory 

authority to impose new area restrictions on 

passports in 1961 under the Passport Act of 1926 

because Congress had ratified the Secretary’s 

authority to impose such restrictions in 1952 by 

enacting passport legislation without tampering 

with the rulemaking authority granted to the 

Secretary in the 1926 Act), and City of New York 

v. FCC, 486 U.S. 57 (1988) (Congressional 

ratification of FCC preemption of state and local 

cable technical standards). None of the comments 

specifically address the Commission’s reliance on 

ratification precedents in the DTV Delay Act 

Second Report and Order. 

29Cf. Omnibus and Order and NPRM, FCC 09– 

11 at para 1 (‘‘In the DTV Delay Act, Congress 

extended the DTV transition deadline from 

February 17, 2009 to June 12, 2009 in an effort to 

provide consumers additional time to prepare for 

the transition from analog to digital broadcasting.’’), 

citing Cong. Rec. H895 (daily ed. Feb. 4, 2009). 

30NAB Comments at 18–19. 

31Omnibus Order and NPRM, FCC 09–11 at para 

69. Finally, we note that NAB’s argument that 

modification of FCC procedures is not permissible 

simply because sec. 4(a) does not expressly 

foreclose it, NAB Comments at 19, is inapposite 

because we do not rely on sec. 4(a)’s silence for 

authority here. As explained above, we have both 

general rulemaking authority and expansive new 

authority under sec. 4(c) of the DTV Delay Act. 

32Omnibus Order, FCC 09–11 at para 26. 

33Notice to the Commission must be provided 

electronically through the Commission’s 

Consolidated Database System \(‘‘CDBS’’) using the 

Informal Application filing form. To access the 

CDBS electronic filing system in order to file an 

analog termination or reduction notification, go to 

the Media Bureau’s Web site at: http://www.fcc.gov/ 

mb/cdbs.html. Instructions as to how to file these 

notifications are as follows: After logging into the 

CDBS, select the last option from main menu 

‘‘Additional non-form Filings.’’ From the next menu 

select ‘‘Silent STA/Notification of Suspension.’’ 

From the pre-form menu select: ‘‘Notification of 

analog termination or reduction.’’ No fee is 

required. For additional information, contact 

Hossein Hashemzadeh, 

Hossein.Hashemzadeh@fcc.gov, of the Media 

Bureau, Video Division, at (202) 418–1658. 

34But see Pre-April 16 Terminations by 

Noncommercial Educational Stations Certifying 

Significant Financial Hardship, infra. 

35 47 CFR 73.1615. 

36For the purposes of this Order, we define ‘‘full’’ 

analog service or programming to mean the 

normally scheduled programming that the station 

aired prior to transitioning to digital-only 

broadcasting. 

37All stations must conform to the DTV 

Consumer Education Initiative rules, however, 

including those adopted in this Order, unless they 

are specifically exempted from doing so. 

believe that the use of narrower 

language in Section 4(a) signals a more 

modest disavowal of intent to override 

existing procedures. 

11. Contrary to NAB’s argument, 

neither Section 4(a)’s title (‘‘Permissive 

Early Termination Under Existing 

Requirements’’) nor the legislative 

history make plain the meaning of the 

statutory text; the title is only ‘‘a shorthand reference to the general subject 

matter involved,’’ 24 and the two floor 

statements cited by NAB merely 

indicate the expectation that 

broadcasters would be allowed to 

terminate early, without mentioning a 

freeze or other limitation on FCC 

authority.25 Further, the Act’s structure 

does not support NAB’s reading. On the 

contrary, rather than restricting the 

agency’s general rulemaking authority, 

Section 4(c) grants the Commission 

expansive new authority.26 We find it 

difficult to square NAB’s crabbed 

reading of Section 4(a) as enshrining the 

FCC’s existing termination procedures 

with Section 4(c)’s grant of expansive 

new authority to implement the DTV 

Delay Act and carry out its purposes.27

12. Considering the DTV Delay Act’s 

text, legislative history and structure, 

and consistent with Supreme Court 

precedent, we have concluded that 

Section 4(a) ratifies the Third DTV 

Periodic Report and Order’s early 

termination procedures without 

restricting the Commission’s authority 

to modify those procedures.28 We 

remain persuaded that this 

interpretation is the most reasonable 

one. As discussed above, we think that 

Section 4(a) is most reasonably read as 

a disavowal of intent to override the 

Commission’s early termination 

procedures then in effect. Had Congress 

not ratified those procedures, the DTV 

Delay Act could be interpreted to 

prohibit early termination altogether, for 

its purpose arguably would be 

undermined if most broadcasters chose 

to terminate before June 12.29 We reject 

NAB’s argument that our construction 

prefers Section 4(c)’s general terms over 

Section 4(a)’s specific ones.30 Rather, 

our reading harmonizes and gives full 

effect to both Section 4(a) and Section 

4(c), which reflects Congress’s 

recognition that implementing the DTV 

Delay Act and carrying out its purposes 

within the short time available ‘‘would 

require extraordinary and immediate 

action by the Commission and 

others.’’ 31

2. Analog Service Termination Form 

13. In the Omnibus Order, we 

required all full-power television 

stations that had not terminated their 

analog service as of February 17, 2009, 

to decide on a firm date by which they 

intend to terminate their regular analog 

television service and to notify us of 

that date no later than Tuesday, March 

17, 2009.32 We imposed this 

requirement because we have found that 

the opportunity for advance planning 

contributes significantly to a smoother 

transition. We now announce that this 

notification must be made via the 

Commission’s Informal Filing Form 

after the release of this Order, but not 

later than 5:30 PM Eastern Daylight 

Time on March 17, 2009.33 In this 

notification (the ‘‘March 17 filing’’), 

stations must commit to terminating on 

a date no earlier than April 16, 2009,34

to give all parties at least 30 days from 

the notification date to prepare and 

educate consumers. Any station that 

does not properly file this notification 

will not be permitted to terminate their 

analog service prior to June 12, 2009, 

except in the case of equipment failure, 

natural disaster, or other unforeseeable 

emergency. 

14. The analog termination advance 

notice procedures adopted in this 

proceeding supersede the provisions of 

Section 73.1615.35 Stations may rely on 

the provisions of Section 73.1615 for 

brief terminations or reductions of 

service for technical reasons. They may 

not, however, rely on this provision to 

terminate analog service altogether, 

even in the days immediately prior to 

June 12, 2009. Barring Commission 

action, a station may only terminate 

analog service on the date it elects to do 

so on the analog service termination 

form. 

15. We impose no requirements in 

this section on stations that notify the 

Commission of their intent to continue 

providing full analog service 36 until 

June 12, 2009.37 Continuing to broadcast 

in analog will give the viewers of these 

stations the maximum possible 

opportunity to prepare for digital 

broadcasting. The Commission 

recognizes the central importance of this 

goal; therefore, stations that file an 

analog service termination form to elect 


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38Third DTV Periodic Report and Order, 23 FCC 

Rcd at 3050, para 117. 

39Alternatively, the notification could describe 

how to get service from another station affiliated 

with the same network if the station’s digital signal 

will not cover the entire area that is within the 

station’s Grade B analog contour. 

40The revisions to our rules are shown in the 

regulatory text to this document. 41February 5th PN. 42NAB Comments at 22. 43Certain noncommercial stations, discussed, 

infra, may not have the full 30 days. 

44See APTS Comments at 2–5; see also WPT 

Comments at 2 (saying the following stations need 

to terminate early [April 5] due to ‘‘drastic technical 

and financial pressures’’: WHLA-TV, WHRM-TV, 

WHWC-TV, and WPNE(TV), WHA-TV); St. 

Lawrence Comments at 2 (saying the following 

stations need to terminate early [March 15] due to 

a ‘‘severe budgetary crisis’’: WPBS and WNPI); 

WQED at 2 (saying that WQED needs to terminate 

early [April 1] because of a ‘‘severe budgetary 

crisis’’); WJCT Comments at 2 (saying WJCT is 

‘‘facing severe economic constraints’’ and needs to 

terminate early [April 6]); MSU Comments at 2 

(saying KOZK and KOZJ planned to terminate 

analog early [April 2] to address ‘‘serious financial 

and equipment considerations’’). 

45For example, in the Third DTV Periodic Report 

and Order, the Commission afforded NCE stations 

a reduced service requirement if their 

circumstances warranted this additional flexibility. 

See, e.g., Third DTV Periodic Report and Order, 23 

FCC Rcd at 3041, para 97; and Second DTV Periodic 

Report and Order, 19 FCC Rcd at 18311–18319, 

paras 80–87. In addition, NCE stations received a 

later use-or-lose deadline in the Second DTV 

Periodic Report and Order and, in the Fifth Report 

and Order, we noted the unique financial 

difficulties faced by NCE stations and reiterated our 

view that these stations warranted additional 

flexibility. Fifth Report and Order, 12 FCC at 12852, 

para 104. 

46APTS Comments at 5. 

47 Id. at 4. 

48See, e.g. , Mid-South Comments at 2 (facing a 

15 percent cut in state funding); WNYPBA 

an early transition date may later revoke 

this notification and delay their 

transition to June 12, 2009. This 

revocation filing may be submitted at 

any time up to five days prior to the 

elected transition date, although a 

shorter notice period is permissible in 

the case of equipment failure, natural 

disaster, or other unforeseeable 

emergency. In filing such a revocation, 

a station must certify that continuation 

of full analog service will not result in 

interference to the signal of any other 

station that has been approved to 

commence early post-transition 

operations. It must also certify that it 

will provide notice to viewers of this 

revocation at least four times daily, with 

at least one notice in primetime, over 

the five days prior to and including the 

day it originally elected to terminate 

analog service. 

3. Early Analog Service Termination 

Viewer Notifications 

16. Pursuant to the Third DTV 

Periodic Report and Order, stations that 

transition early are required to provide 

additional viewer notifications in order 

to ensure that their viewers are 

prepared.38 In that Order, we required 

that stations provide viewer 

notifications for at least 30 days prior to 

their termination of analog service, and 

we retain that requirement here. These 

notifications must air at least four times 

a day, including at least once in 

primetime, for the 30-day period prior 

to the planned service reduction or 

termination. They must include: (1) The 

station’s call sign and community of 

license; (2) the fact that the station is 

planning to reduce or terminate its 

analog operations before the transition 

date; (3) the firm date of the reduction 

or termination; (4) what viewers can do 

to continue to receive the station, i.e., 

how and when the station’s digital 

signal can be received; 39 (5) information 

about the availability of digital-to-analog 

converter boxes in their service area; 

and (6) the street address, e-mail 

address (if available), and phone 

number of the station where viewers 

may register comments or request 

information. In addition to the 

requirements described in the Third 

DTV Periodic Report and Order, stations 

terminating early must also provide 

service loss information, pursuant to 

Section III.C.2, below, if that section 

would require notice to viewers. As 

noted throughout this Order, these 

notifications are in addition to the 

requirements of the DTV Consumer 

Education Initiative rules, including 

those adopted in this Order.40

17. We also asked in the NPRM 

whether we should require major 

network affiliates, or even all stations, 

that terminate analog service prior to 

June 12 to run seven days of hourly 

crawls, as we required of stations that 

terminated on February 17, 2009.41 NAB 

opposed this requirement, arguing that 

30 days of notices prior to the transition 

will be sufficient to educate viewers 

ahead of time, and pointing to 

widespread consumer annoyance with 

the appearance of the crawls during 

programming.42 We agree with NAB 

that there is no need for additional pretermination notifications in the form of 

crawls. When stations terminated on 

February 17, there was an extremely 

short period of time available to notify 

viewers of the impending change. The 

DTV Delay Act was enacted on February 

11, and the extensive news coverage 

may have led many viewers to believe 

that they did not need to prepare for the 

digital transition, even if one of their 

local stations was going to transition six 

days later. With only six days, there was 

no way to run notices for thirty days. As 

a result, we found that an extremely 

intensive educational effort for the short 

period remaining was the only way to 

reach viewers as completely as a long 

term notice campaign. Now, stations 

will have time to run the full thirty days 

of viewer notifications.43 Under the 

present circumstances, we conclude that 

there is no need for additional pretermination notifications in the form of 

crawls. 

4. Pre-April 16 Terminations by 

Noncommercial Educational Stations 

Certifying Significant Financial 

Hardship 

18. We will allow NCEs to terminate 

analog service before April 16, if such 

termination is necessary as a result of 

significant financial hardship. Stations 

must certify in their analog termination 

form (described above) that they need to 

terminate before April 16 due to 

significant financial hardship and must 

comply with the viewer notification 

requirement. NCEs making this 

certification may terminate before April 

16, but not before March 27. 

19. In the NPRM, we tentatively 

concluded that stations may terminate 

no earlier than April 16, 2009, so that 

stations terminating analog service early 

could adequately prepare and educate 

their viewers. We received several 

comments, including from APTS and 

many NCE stations, asking for 

permission to terminate before April 16, 

asserting significant financial 

hardship.44

20. The Commission has consistently 

recognized that NCE stations face 

unique financial difficulties and has 

afforded them additional flexibility to 

assist them in making their transition.45

APTS notes that many NCE stations 

continued broadcasting in analog after 

their planned termination date of 

February 17 at the Commission’s urging, 

with the expectation that they would be 

able to terminate soon thereafter.46 We 

are also sensitive to the ‘‘unplanned 

expenses’’ (such as costs for electricity, 

equipment maintenance, additional 

tower rent, renegotiating tower leases, 

rescheduling tower crews and storing 

new equipment until it can be installed) 

which are incurred by stations keeping 

analog transmitters on the air after their 

originally planned termination dates.47

Although all stations may face such 

unplanned expenses, they are likely to 

fall particularly hard on NCE stations 

because of their unique financial 

difficulties, such as their reliance on 

government funding. We are aware that 

NCEs, unlike commercial stations, may 

have budgetary restrictions that prevent 

them from obtaining additional funding 

to address these expenses.48


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Comments at 2 (facing a 50 percent cut in state 

funding); and APTS comments at 5 (‘‘Requiring 

stations to continue analog transmissions for a 

month or more beyond what they had budgeted 

would have profound negative implications on their 

financial futures.’’) 

49Omnibus Order at, para 26. 

50 Implementation of the DTV Delay Act, MB 

Docket No. 09–17, Second Report and Order and 

Notice of Proposed Rulemaking, FCC 09–11, para 26 

(rel. Feb. 20, 2009). 

51Notifications must be aired 120 times, on a 

daily basis, including 30 times in primetime, 

distributed evenly during the 30-day period. 

Therefore, if the viewer notifications begin, for 

example, 10 days before the station’s termination, 

the station must broadcast notifications 120 times, 

including 30 times in primetime, distributed evenly 

during the 10-day period; i.e. , the station must 

broadcast notifications every day on-air at least 12 

times a day, including at least three times in 

primetime, for the 10-day period. 

52We note that these viewer notifications are in 

addition to, and separate from, the notification 

requirements established in the Commission’s DTV 

Consumer Education Initiative proceeding. See DTV 

Consumer Education Initiative, MB Docket No. 07– 

148, Report and Order, 23 FCC Rcd 4134 (2008); 

Order on Reconsideration and Further Notice of 

Proposed Rulemaking, 23 FCC Rcd 7272 (2008) 

(collectively, ‘‘DTV Consumer Education Orders’’). 

53February 11th PN. 

54NAB focused on the importance of flexibility, 

which is retained by our procedures, and objected 

to the imposition of additional pre-transition viewer 

notification obligations for early terminators, which 

we declined to impose. In particular, NAB focused 

on the dangers of viewer fatigue as a result of 

additional on-air early transition notifications. NAB 

Comments at 21, 22, 24. The obligations on major 

network affiliates all apply after termination of their 

analog signal, and more to NAB’s point about 

viewer fatigue, do not require any on-air 

notifications to digital viewers. The major networks 

or major network affiliates that filed comments with 

the Commission either had no comment about these 

requirements, or supported them. [FOX, Lima, 

Griffin, no comment; McGraw-Hill ‘‘generally 

supports the procedures proposed in the NPRM for 

binding early analog terminations.’’] 

55See definition of Enhanced Nightlight, infra. 

56These public interest conditions are based on 

the requirements established in the February 11th 

Public Notice. 

57Stations that are not major network affiliates 

are not held to these responsibilities. The Media 

Bureau will issue a Public Notice listing the stations 

and their early transition dates as soon as possible 

after the certifications are submitted and reviewed. 

Accordingly, we will permit NCE 

stations to terminate analog service 

prior to April 16, and as early as March 

27, provided they comply with the 

viewer notification requirement, 

discussed below. We find that stations 

may not terminate analog service 

without notifying viewers on air for at 

least 10 days prior to termination, 

except in the case of equipment failure, 

natural disaster, or other unforeseeable 

emergency. We will not, however, 

reinstate analog termination 

notifications filed with the Commission 

under the prior procedures, nor will 

NCE stations’ comments filed in 

response to the NPRM satisfy the March 

17, 2009 notification requirement.49

NCE stations must file their binding 

analog service termination notification 

by March 17, 2009.50 NCE stations 

terminating on or after April 16 should 

follow the analog termination 

procedures discussed above. 

21. Viewer Notification Requirement. 

We require NCE stations that need to 

terminate analog television service 

before April 16 to broadcast the 

equivalent of 30 days’ worth of viewer 

notifications regarding the station’s 

imminent termination of its analog 

service.51 We find that this viewer 

notification requirement is necessary to 

protect viewer expectations and to carry 

out the purpose of the analog 

termination procedures. The 30 days’ 

worth of viewer notifications must 

include the information discussed 

above.52 To comply with this 

requirement, stations must adequately 

and clearly communicate the required 

information, and make particular note 

that the date on which the station is 

terminating is prior to the new 

nationwide date of June 12, 2009. 

5. Early Analog Service Terminations by 

Major Network Affiliates 

22. As we discussed in the February 

11th PN, the early analog terminations 

of certain stations poses a significant 

risk of substantial public harm.53 The 

presence of ABC, CBS, FOX, and NBC 

network stations and affiliates in a 

market is critical to ensuring that overthe-air viewers have access to local 

news and public affairs, because these 

‘‘major network affiliates’’ are the 

primary source of local broadcast news 

and public affairs programming in most 

communities. No commenter disagreed 

with this point. Indeed, while some 

commenters, including NAB, opposed 

additional early termination 

requirements as a general matter,54 no 

commenter specifically objected to 

imposing such additional requirements 

on major network affiliates that 

transition early. We will allow major 

network affiliates to terminate analog 

service prior to June 12 under the 

following conditions that ensure 

fulfillment of their public interest 

responsibilities. First, as discussed 

above, they must identify the date on 

which they plan to transition in their 

March 17 notification to the 

Commission. Second, major network 

affiliates must certify either that at least 

90 percent of the population in their 

Grade B analog contour will receive full 

analog service from another major 

network affiliate until June 12, 2009, or 

that they will comply with the 

additional public interest related 

conditions. The additional public 

interest conditions are necessary to 

ameliorate any potential harms of early 

termination by assuring that viewers 

who will lose regular analog service 

from all of their major network affiliates 

before June 12 will continue to have 

some essential analog service through 

June 12 and will have access to local 

assistance from their stations no later 

than the time that the last major 

network affiliate terminates full analog 

programming. 

23. A major network affiliate which 

cannot certify that 90 percent of its 

viewers will receive full analog service 

from another major network affiliate 

through June 12, 2009, but wishes to 

terminate early, must certify in its 

March 17 filing that: (1) At least 90 

percent of the population in its Grade B 

analog contour will receive some major 

network affiliate analog service 

(enhanced nightlight or some 

combination of full service and 

enhanced nightlight) 55 until June 12, 

2009; and (2) it will comply with the 

other public interest conditions 

described below.56 The station’s 

enhanced nightlight and public interest 

obligations begin when more than 10 

percent of the population in the 

station’s Grade B analog contour no 

longer receives analog service from a 

major network affiliate, if that day is 

before June 12. Under most 

circumstances, this will be the day on 

which the last major network affiliate in 

a market terminates analog service early. 

24. As discussed in more detail 

below, the ‘‘90 percent served’’ 

condition will help to ensure that a 

major network affiliate’s early 

termination does not pose a significant 

risk of substantial public harm because 

most viewers will continue to receive 

some analog service, and the public 

interest conditions carry out the DTV 

Delay Act’s purposes by facilitating 

consumer readiness in communities 

where the primary sources of local 

broadcast news and public affairs 

programming are all terminating early. 

Any major network affiliate that 

properly certifies may terminate on its 

chosen date without the need for action 

by the Commission.57 A major network 

affiliate that does not: (1) Certify that a 

major network affiliate will provide full 

analog service to at least 90 percent of 

the population in its service area; (2) 

certify that it will comply with the 

public interest related conditions 

(including the analog service 

requirements); or (3) demonstrate 

extreme technical or financial 

difficulties by filing a showing of 

extraordinary exigent circumstances; 

must continue providing full analog 


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58See note 36. 59Note that if the station is relying on (an)other 

major network affiliate(s), the station must confirm 

that the affiliate(s) relied on remain(s) able to cover 

at least 90 percent of the population in the station’s 

Grade B coverage area even if the affiliate(s) is (are) 

operating at reduced power. 

60 Indeed, if the major network affiliate in 

question is reducing rather than terminating, it may 

count the percentage of its full Grade B contour still 

served toward the 90 percent. So, if the station will 

continue to serve 80 percent of the population in 

its service area through June 12, there need only be 

an additional, non-overlapping, 10 percent served 

by another major network affiliate through June 12 

in order for the station to comply. 

61Stations filing for early termination must 

determine and certify that the requisite analog 

coverage will be provided. We intend to rely on the 

stations’ filings to determine whether the 

termination is in the public interest. 

62 In this situation, just as for other major network 

affiliates, the stations filing for early termination 

must determine and certify that the requisite analog 

coverage will be provided, and we will rely on their 

filings to determine whether the termination is in 

the public interest. Here too, if a major network 

affiliate is substantially reducing coverage but not 

terminating analog service altogether, it may count 

the percentage of its Grade B contour still served 

toward the 90 percent. For example, if the station 

will continue to serve 70 percent of the population 

in its service area through June 12, there need only 

be an additional, non-overlapping, 20 percent 

served by another major network affiliate’s 

‘‘enhanced nightlight’’ through June 12 in order for 

the station to be in compliance. 

service until June 12, 2009 (except in 

the case of equipment failure, natural 

disaster, or other unforeseeable 

emergency). 

a. Early Terminations By Major Network 

Affiliates That Certify Continuing Full 

Analog Service by Another Major 

Network Affiliate 

25. As discussed above, a major 

network affiliate may terminate early by 

certifying that at least 90 percent of the 

population within its Grade B analog 

contour will continue to receive full 58

analog service through June 12, 2009, 

from a major network affiliate. We note 

that this need not be a single other 

major network affiliate,59 so long as 90 

percent of the population is receiving 

full analog service from some major 

network affiliate.60 Although such a 

station incurs no additional obligations, 

it must comply fully with the 

requirements imposed on all stations 

that terminate early: To file and update 

the Analog Service Termination 

Notification form, as discussed in 

Section III.A.2, and to air 30 days of 

viewer notifications, as described in 

Section III.A.3. Although the filing 

station must list, in the March 17 filing, 

the stations it will rely upon to provide 

the requisite level of service, each 

station is individually responsible for 

ensuring that the required percentage of 

its own analog viewers actually receive 

the required level of service.61

b. Early Terminations By Major Network 

Affiliates That Certify Compliance With 

the Public Interest Related Conditions 

26. If a major network affiliate cannot 

certify that full analog service will be 

provided by some major network 

affiliate to at least 90 percent of the 

population in its Grade B contour 

through June 12, 2009, then it must 

certify that there will be some analog 

service to 90 percent of the population 

in its Grade B contour through June 12, 

2009, and that it will comply with the 

additional conditions below. Analog 

service, for this purpose, may be 

‘‘enhanced nightlight’’ service, as 

defined below, or some combination of 

enhanced nightlight and full service 

analog programming from a major 

network affiliate (when the full service 

analog programming is not available to 

at least 90 percent of population in the 

station’s Grade B analog contour). Either 

of these will ensure continuing access to 

local news, public affairs and 

emergency information, as well as DTV 

educational information, for any viewer 

who has not yet transitioned. Any major 

network affiliate that is certifying in 

order to terminate analog service early 

must include with its filing a list of the 

stations that will, individually or 

collectively, continue to provide such 

analog service to at least 90 percent of 

its analog viewers through June 12, 

2009.62 Stations may cooperate to share 

responsibility for providing the required 

level of analog service, but each station 

is individually responsible for ensuring 

that its own analog viewers receive the 

required level of service. 

27. Major network affiliates must 

certify in the March 17 filing that they 

will comply with these other public 

interest conditions if more than 10 

percent of the population in their Grade 

B service contour will lose full analog 

service from all major network affiliates 

before June 12. These obligations must 

be undertaken so that they are in place 

and operating no later than the day on 

which more than 10 percent of the 

population in their Grade B service 

contour actually do lose full analog 

service from all major network 

affiliates—usually when the last major 

network affiliate in the market 

terminates full service analog 

programming. The requirements for 

‘‘Walk-In Help Centers’’ and ‘‘Consumer 

Referral Telephone Numbers’’ 

contemplate collective effort, in a 

market where more than one 

broadcaster has certified compliance 

with the conditions, but we remind 

major network affiliates who certify 

compliance that they are each 

individually responsible for ensuring 

that collective efforts are compliant, and 

individually liable if they are not. We 

expect that major network affiliates and 

other stations serving the same viewing 

area will closely coordinate if they 

intend to terminate analog service 

before June 12, 2009. While we applaud 

and encourage coordination among 

broadcasters serving the same area 

within a market, we emphasize that 

broadcasters that continue providing 

full analog service to at least 90 percent 

of the population in their analog service 

area through June 12, 2009, are not 

responsible for compliance with any of 

the requirements associated with early 

termination, or for any shared efforts or 

expenses incurred by early termination 

stations as a result of these 

requirements. 

28. A major network affiliate must 

certify to all of the public interest 

related conditions in the next paragraph 

if it intends to terminate analog service 

before June 12, 2009, unless some other 

major network affiliate will provide full 

analog service to at least 90 percent of 

the population within the terminating 

station’s Grade B contour through June 

12, 2009. We find that these conditions 

are directly related to, and necessary for, 

the early transition of a major network 

affiliate if its viewers will not have 

access to any other major network 

affiliate programming. Our experience 

on and after February 17th demonstrates 

that the continuing presence of at least 

one major network affiliate station 

broadcasting in analog provides vital 

information to viewers concerning the 

transition, as well as keeping them 

informed of local news. Broadcasters 

have the primary responsibility for their 

viewers and have the greatest interest in 

assuring that their signals continue to be 

available to their viewers. We impose 

these conditions with the awareness 

that many broadcasters have taken and 

will take these actions, and more, on 

their own. But we are mindful of our 

responsibility to ensure that all 

broadcasters fulfill their public interest 

obligations as licensees and to establish 

a baseline of the necessary information 

and service for viewers in every 

community, particularly during this 

potentially disruptive transition. These 

conditions are based on those proposed 

in the NPRM, which were in turn based 

on those imposed on many major 

network affiliates that transitioned on 

February 17. Although the Commission 

will take all steps within our capacity to 

provide outreach and support to 

markets in which there will be an early 

transition, realistically we cannot be 

everywhere. And, while we intend to 

work with contractors and volunteer 


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Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 11307 

63For example, combined coverage can be 

provided by a major network affiliate that is not 

transitioning early, but that does not provide full 

analog service to at least 90 percent of the 

population in the certifying station’s Grade B analog 

contour. We note that if some combination of major 

network affiliates provide full analog service to at 

least 90 percent of the population in the certifying 

station’s Grade B coverage area through June 12, 

2009, the station is exempt from these 

requirements. 

64 Implementation of Short-Term Analog Flash 

and Emergency Readiness Act; Establishment of 

DTV Transition ‘‘Analog Nightlight’’ Program, MB 

Docket No. 08–255, Report and Order, FCC 09–2 

(rel. Jan 15, 2009) (‘‘Analog Nightlight Order’’). 

65The Commission will publicize the location 

and hours of local walk-in centers via our Web site 

at https://dtvsupport.fcc.gov/dtvtools, using the 

detailed data provided by stations. 

organizations across the country, we 

cannot necessarily have all of these 

services in place for every early 

transition. Therefore, we find it 

reasonable and appropriate that the 

major network affiliates that choose to 

transition early, leaving their viewers 

with no access to major network affiliate 

programming, take on some of the onthe-ground responsibility to support and 

assist their viewers through the walk-in 

help centers, consumer referral 

telephone numbers, and other public 

interest conditions described here. 

29. Based on our experience and 

informal questions from stations 

affected by these requirements during 

the February 17 transition, we have 

reorganized the requirements and 

provided additional detail, as follows: 

Certification Regarding Continuing 

Analog Service 

• At least 90 percent of the 

population in the station’s Grade B 

analog contour will continue to receive 

some analog service, until June 12, 

2009, in the form of ‘‘enhanced 

nightlight’’ service (described below), or 

some combination of enhanced 

nightlight and ‘‘full’’ analog service 

from a major network affiliate.63 Note 

that if the certifying station is relying on 

one or more other major network 

affiliates, the station must confirm that 

the affiliates relied on remain able to 

cover at least 90 percent of the 

population in the station’s Grade B 

coverage area even if the affiliates are 

operating at reduced power. 

• ‘‘Enhanced nightlight’’ service 

constitutes the broadcast, by a major 

network affiliate, of an analog signal 

providing, at a minimum, DTV 

transition and emergency information, 

as well as local news and public affairs 

programming. Both DTV transition and 

emergency information must be 

accessible to the disability community 

(e.g., broadcast notices must have an 

audio component, as well as being 

closed or open captioned). The local 

news, public affairs, and other nonemergency programming are not subject 

to the programming restrictions of the 

Analog Nightlight Act, and as such may 

include commercial advertising.64

• The DTV transition information 

must be provided in Spanish and 

English, and must include 

demonstrations of converter box 

installations and antenna setups; the 

location and operating hours of all walkin DTV help centers in the market 

(including centers not affiliated with the 

station); 65 the FCC Call Center 

telephone and TTY numbers; the 

telephone number for the local or tollfree consumer referral telephone 

number provided by the station; and 

other helpful information about the DTV 

transition. 

Certification Regarding Other Public 

Interest Conditions 

Walk-In Help Centers 

• The station, alone or together with 

other stations or local businesses and 

organizations in the market, will 

provide at least one location and 

sufficient staff for a consumer ‘‘walk-in’’ 

help center. The walk-in help center(s) 

must be able to: assist consumers with 

applying for coupons and obtaining 

converter boxes; demonstrate how to 

install and operate converter boxes; 

assist consumers with antenna, 

reception, and coverage questions; 

provide maps and lists of communities 

that may be affected by coverage issues; 

and serve as a redistribution point for 

consumers who are willing to donate 

coupons, converter boxes, and 

televisions for those in need of these 

items. The certification must specify 

whether the station will operate the 

walk-in help center(s) itself or rely on 

other organizations in the market. 

• Each walk-in help center must 

contain (for hands-on demonstration 

purposes) at least one analog-only 

television, one coupon-eligible digitalto-analog converter box, one VCR, DVD 

player, or game console (to demonstrate 

how to hook-up such devices in 

conjunction with a digital-to-analog 

converter box), and one antenna able to 

receive the digital signals of the local 

broadcast station(s). A display area for 

printed literature regarding the digitalto-analog converter box coupon 

program, connection guides for digitalto-analog converter boxes, and guides 

for antenna and reception issues is also 

required. There must also be at least one 

computer with an Internet connection 

so that consumers can, among other 

things, apply online for converter box 

coupons and view coverage maps for 

broadcast stations in their area. The 

walk-in help center must also have a 

DVD player attached to a TV that is not 

being used for setup demonstrations, so 

that consumers can view educational 

videos regarding installing a converter 

box and videos regarding antennas, 

reception, and coverage issues. 

• The staff at the walk-in help center 

must be prepared to demonstrate the use 

of the equipment on site; to provide 

information about any service losses for 

viewers of local stations; to assist 

viewers with accessing DTV transition 

information online; and to assist them 

with their personal equipment if they 

bring it to the center. 

• At least one walk-in help center 

must be open every day from at least 12 

p.m. (noon) to 8 p.m. for the first 21 

days this requirement is in effect, and 

between the hours of 4 and 8 p.m. on 

Fridays, and 10 a.m. to 4 p.m. on 

Saturdays and Sundays, thereafter. This 

requirement terminates on June 12, 

2009. There must be at least one 

broadcast station employee, from any 

participating station, on-site at all times 

during the operating hours of the center. 

Consumer Referral Telephone Numbers 

• The station must provide a local or 

toll-free consumer referral telephone 

number to the Commission, and must 

staff this number with personnel that 

can answer complex viewer questions, 

particularly about reception. This will 

serve to supplement the Commission’s 

national call center. The certification 

must specify whether the station’s 

referral number will be staffed by the 

station itself or if the station is relying 

on another entity or entities to respond 

to consumer calls and referrals. 

DTV Education and Outreach 

• No later than 30 days prior to its 

analog termination, the station will 

provide the Commission with the 

following information: the address and 

operating hours of the Walk-In Help 

Center, and the phone number and 

operating hours applicable to the 

consumer referral telephone number, 

that the station will be relying on to 

meet these obligations, as well as the 

name and phone number of the station’s 

point of contact for these issues. This 

information will be submitted by way of 

an update to the Analog Service 

Termination Notification. 

• Each station is encouraged to 

coordinate with and use community 

resources to provide off-air consumer 

outreach and support, including inhome assistance and other helpful 

information about the DTV transition. 


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11308 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 

66We anticipate that no station will have 

difficulty complying with the Walk-In Help Center, 

Consumer Referral Telephone Number, and DTV 

Education and Outreach obligations, but that 

continuing analog service may pose a significant 

challenge for stations facing extraordinary exigent 

circumstances. 67Pappas Broadcasting has asked that all flash cut 

stations be exempt from the early transition 

requirements due to the technical limitations they 

face. We invite such stations to make the alternative 

showing, if they believe these limitations constitute 

extraordinary exigent circumstances. Pappas 

Comments at 3. 68For example, a network affiliate might partner 

with another station serving the same area to ensure 

that its viewers may view local news, public affairs 

and emergency information. Some network 

affiliates transitioning on February 17 partnered 

with local NCEs to provide local news programs, 

which the NCEs aired without commercials. 

69First DTV Delay Order, FCC 09–9, § II.A. para 

3. 

70See Analog Nightlight Order. 

71We remind stations that they must obtain 

Commission approval for operation of a posttransition digital facility at any time prior to June 

12 at 11:59:59 pm. See Third DTV Periodic Report 

and Order, 23 FCC Rcd at 3041–58, paras 98–134 

(Section V.C.); see also February 5th Public Notice 

at 2. 

72 i.e., Early Morning (12 a.m.–6 a.m.), Morning 

(6:01 a.m.–12 p.m.), Afternoon (12:01 p.m.–6 p.m.), 

or Evening (6:01 p.m.–11:59 p.m.). 

73 In most cases, a viewer who can see the 

educational message on the station’s digital channel 

has, by definition, succeeded in making his or her 

own transition. Thus, only those who cannot see it 

would benefit from it. 

74 47 CFR 73.674. 

75 DTV Consumer Education Initiative, 23 FCC 

Rcd at 4139. 

76See, e.g., Third DTV Periodic Report and Order, 

23 FCC Rcd 2994 at 3033, 3044, 3050 and 3057. 

30. We recognize that there may be 

extreme technical or financial 

circumstances that prevent some major 

network affiliates subject to the 

certification requirements from 

certifying that they and/or the other 

stations in their market will provide 

continuing analog service.66 In such 

cases, these licensees may make an 

alternative showing to the Commission 

that extraordinary, exigent 

circumstances, such as the unavoidable 

loss of their analog site or extreme 

economic hardship, require that they 

terminate their analog service on their 

proposed date but prevent them from 

providing enhanced nightlight service 

for their analog viewers.67 This showing 

must also include information regarding 

analog service that will be available for 

the station’s viewers after the station 

terminates its analog service.68 The 

showing should not exceed five (5) 

pages, not including attachments. 

Stations attempting to make this 

showing bear a heavy burden of proof. 

Absent technical impossibility, any 

station electing to make this showing 

must await a determination by the 

Commission that its showing is 

sufficient before terminating analog 

service. The Commission will endeavor 

to resolve all of these cases as soon as 

possible prior to the stations’ proposed 

termination dates. 

31. We also retain the right to prevent 

any station from going forward with 

their proposed early termination if we 

find it in the public interest to do so. 

For example, we may need to adjust the 

timing of some stations’ or some 

markets’ transition plans if multiple 

markets intend to transition 

simultaneously, because this could 

severely strain the resources of the 

Commission and others working to 

ensure full consumer preparedness. As 

the Commission did in the case of 

stations seeking to terminate on 

February 17, we will expeditiously 

provide public notice if any station will 

not be permitted to transition on its 

elected early transition date. 

B. Time of Day for Analog Service 

Termination 

32. We find that it is appropriate to 

permit all stations the flexibility to 

terminate analog service at any time of 

day on the date they terminate analog 

broadcasting. As noted in the First DTV 

Delay Act Order, full-power stations’ 

analog licenses expire at 11:59:59 p.m. 

local time on June 12, 2009.69 Stations 

may continue analog broadcasting after 

11:59:59 p.m. local time only to the 

extent that they are participating in the 

Analog Nightlight program.70 However, 

the DTV Delay Act and the other 

relevant statutory provisions are silent 

as to the time of day on June 12, 2009, 

at which analog termination must occur. 

We do not believe it is necessary to treat 

analog termination on June 12 but prior 

to 11:59:59 p.m. local time as an ‘‘early’’ 

termination and leave it to stations to 

determine what time of day is most 

appropriate for their viewers.71 While 

stations have the flexibility to transition 

at any time, we understand that some 

stations that have already transitioned 

experienced difficulties (e.g., 

coordination with local cable operators) 

that were more easily addressed during 

daytime hours. Stations must inform the 

Commission of the approximate time of 

day they plan to terminate when they 

file their analog service termination 

notification,72 and must notify viewers 

through their required PSAs, crawls and 

other on-air consumer education if they 

are planning to end analog service 

before 11:59:59 p.m. local time on their 

final day of service. We also extend 

flexibility to stations that are 

transitioning early to do so at the time 

of day most appropriate for their 

viewers. 

C. DTV Consumer Education Initiative 

33. As proposed in the NPRM, we 

amend the DTV Consumer Education 

Initiative requirements to ensure that 

consumers will receive the information 

they need to make proper preparations 

for the digital transition of the stations 

on which they rely for television 

service. We also eliminate posttransition obligations on broadcasters to 

continue broadcasting DTV transition 

educational information via their digital 

signals because such viewers no longer 

need this information.73 These 

adjustments to the DTV Consumer 

Education Initiative requirements are 

necessary to accomplish the purposes of 

the DTV Delay Act and are based on our 

experience and lessons learned in the 

early transitions thus far. We conclude 

that these amended rules strike the 

correct balance by requiring disclosure 

of both potential signal loss, where 

warranted, and information about 

antennas and rescanning, which 

together will enable viewers to retain 

access to the broadcast signals. At the 

same time, we eliminate unnecessary 

repetition of information after a station 

has completed its transition. This 

balanced adjustment to the rules is 

supported by our experience and the 

record in this proceeding. 

34. Broadcasters are required to 

regularly provide on-air consumer 

education about the DTV transition.74

The DTV Consumer Education Initiative 

offered broadcasters a choice of 

approaches to fulfilling this 

requirement: Options One or Two, 

available to any broadcaster, or Option 

Three, available only to non-commercial 

stations.75 Among and within these 

Options, broadcasters have a range of 

techniques to choose from, resulting in 

a mix of public service announcements 

(PSAs), graphics and text superimposed 

over programming, and longer-form 

informational programming. In the 

Omnibus Order, we revised the rules of 

the DTV Consumer Education Initiative 

to conform to the delay of the DTV 

transition. In the companion NPRM we 

proposed additional revisions, which 

we adopt in this Report and Order. We 

remind broadcasters that whatever 

option they elected, these on-air 

education requirements are separate 

from and in addition to any viewer 

notification requirements associated 

with early analog termination 

notifications discussed in this Report 

and Order, the Third DTV Periodic 

Report and Order,76 or any other rule or 

regulation. 

35. Each of the revised DTV 

Consumer Education Initiative rules 

requires stations to be in full 


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Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 11309 

77Omnibus Order, FCC 09–11 para 15. 78 Griffin Comments at 5; NAB Comments at 10– 

13; Centex Comments at 3. We have already granted 

a waiver to all stations in the Wilmington market 

area, after that market completed its transition 

early. See DTV Delay Act Omnibus Order, FCC 09– 

11, para 67 (discussing the waiver). We note that 

we have received consumer education waiver 

requests from the stations in the Hawaii market, 

which has also fully completed its transition, but 

that these requests are mooted by our action in this 

Order. 79NAB Comments at 13–15; Centex Comments at 

3; Griffin Comments at 2. 80Mt. Mansfield Comments at 3. 81 Griffin Comments at 2. 82Centex Comments at 3; Mt. Mansfield at 4. 

83 Griffin Comments at 5. 84Berl Brechner Comments at 3. 85United Comments at 3, NAB Comments at 13– 

15. 

86This requirement for continued consumer 

education applies, for example, to stations that have 

received an extension of their construction permit 

beyond June 12, 2009, or are operating pursuant to 

a ‘‘phased transition’’ STA which allows continued 

operation on a pre-transition digital channel or 

reduced operation on the post-transition channel. It 

does not apply to stations that have completed 

construction of their authorized post-transition 

facility but have not completed construction of a 

maximized facility. See 47 CFR 73.674(b)(3), 

amended as 73.674(b)(4). 

87NPRM at para 64. 

88 Id. at para 63. 

89This difficulty is exacerbated for consumers 

relying on converter boxes that do not have analog 

pass-through. 

90February 11th PN. 

91Consumer Education Order, 23 FCC Rcd at 

4190. 

92An example of such a ‘‘change to service area’’ 

notice was aired by WUTB–DT, a Baltimore, MD 

station, which states, in part: ‘‘Due to a slight 

change in the station’s transmission radius, viewers 

in the following areas, Southwest Talbot County, 

MD, Central Calvert County, MD, Southern Prince 

George’s County, MD, and East-Central Fairfax 

County, VA, may not be able to receive WUTB–DT 

over the air on digital channel 24.1.’’ 

compliance no later than April 1, 2009. 

This is the same date that 

manufacturers, eligible 

telecommunications carriers, and 

multichannel video programming 

distributors must be in full compliance 

with the revisions to their respective 

sections, adopted in the Omnibus 

Order.77 We note that stations will not 

be expected to address any of the 

revised requirements of this Order in 

their first quarter DTV Quarterly 

Activity Station Report (Form 388), and 

therefore the revised Form 388 will not 

be available for filing until the second 

quarter of the year. 

1. Elimination of Post-Termination 

Consumer Education Obligations 

36. In the NPRM, we asked whether 

stations that participate in the posttransition statutory nightlight program 

should be exempt from post-transition 

consumer education obligations. We 

received a large number of comments in 

favor of this proposal. Responding to 

our request for ‘‘comment on any 

actions ‘necessary or appropriate to 

implement the provisions, and carry out 

the purposes’ of the DTV Delay Act’’ 

that were not resolved in the Omnibus 

Order, the majority of these comments 

go farther and suggest that no station 

should have any obligations under the 

DTV Consumer Education Initiative 

after it terminates analog broadcasting, 

or at least after every station in its 

market does so.78 Most commenters on 

this question agree that any additional 

obligations for stations already 

transitioned to digital would cause 

viewer confusion.79 Many comments 

argue that confusion might result, as 

viewers may think they need to take 

additional action to prepare,80 or may 

question whether they will continue to 

be able to view the station that has 

already transitioned.81 Indeed, 

commenters argue that on-air consumer 

education for digital-only stations 

would serve only to reach those already 

prepared, and that such information has 

‘‘no relevance or impact’’ for those 

watching a digital broadcast.82 Griffin 

acknowledges that consumer education 

on digital channels may have 

‘‘ancillary’’ benefits, but argues that they 

are far outweighed by the drawbacks, 

including cost and confusion to 

viewers.83 Berl Brechner, President of 

WMDT, Salisbury, Maryland, opposes 

continuing DTV education requirements 

as an excessive burden on broadcasters 

who transitioned early.84 United and 

NAB proposed at least limiting posttransition consumer education 

requirements.85

37. After review of the comments, and 

consideration of our experiences 

working with consumers after the 

February 17, 2009, early transitions, we 

conclude that the on-air obligations for 

digital-only stations should be 

eliminated. We find that, for digital-only 

stations, providing on-air consumer 

education via digital broadcasting does 

not produce sufficient benefit compared 

to its cost, and therefore we revise our 

rules to permit most stations to end 

their participation in the Initiative after 

they terminate analog programming. We 

will continue to require stations that 

have not completed construction of 

their full authorized post-transition 

digital facility to continue complying 

with the Consumer Education 

requirements after they terminate their 

analog service until they complete 

construction and commence operation 

of their full authorized post-transition 

digital facility.86 These stations must 

revise the content of their educational 

messages to provide information about 

the limits on station’s digital service 

area and the anticipated date for it to 

complete construction and commence 

operation of its full, authorized posttransition digital facility. 

2. Service Loss Notices 

38. As proposed in the NPRM, we 

amend the DTV Consumer Education 

Initiative rules to require broadcasters to 

inform their viewers if 2 percent or 

more of the population served in their 

analog service contour will not be 

served by their digital signal.87 Stations 

may also broadcast information about 

areas predicted to gain service, but they 

are required to air information about 

loss regardless of how many people are 

gaining service. As we discussed in the 

NPRM, our experience with stations that 

have already terminated analog service, 

particularly in those areas where an 

entire market has transitioned, is that 

loss of a station due to a change in the 

digital coverage area creates great 

consumer confusion and distress.88 The 

problem is no less acute, however, for 

analog viewers who received analog 

service and are within the digital service 

area but who nonetheless do not receive 

digital service, due to changes in signal 

propagation associated with a change 

from VHF to UHF channel assignments 

(or vice versa) or for other technical 

reasons related to the use of digital 

transmission. Problems associated with 

signal loss may arise for the viewers of 

stations that transition at any time, up 

to and including June 12. Indeed, such 

problems may arise even before stations 

terminate their analog service as more 

and more viewers obtain digital 

equipment and come to rely on digital 

service.89 Therefore, we will require 

every station that has not already 

terminated analog broadcasting to 

provide specific notice to analog 

viewers if 2 percent or more of the 

population in its Grade B analog service 

area is likely to lose over-the-air service 

from the station when it terminates 

analog service. We also remind stations 

that terminated analog service on 

February 17, 2009 that they are required 

to provide information about service 

losses via the enhanced analog 

nightlight serving their area.90

39. Broadcasters that elected the 

Option One educational requirements 

are already required to provide 

information to their viewers about any 

‘‘[c]hanges in the geographic area or 

population served by the station during 

or after the transition.’’ 91 They must do 

so via their regularly-aired PSAs.92 We 

asked in the NPRM whether a similar 

requirement, but limited to population 

losses, should be extended to 

broadcasters who elected Options Two 


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11310 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 

93NAB Comments at 31. 

94See, e.g., http://www.fcc.gov/dtv/markets/ 

report2.html on the FCC’s DTV.gov Web site. 

95See Executive Summary at 1, http:// 

www.fcc.gov/dtv/markets/DTV_Report_2.pdf. 

96The Commission has created a list of stations 

anticipated to lose 2 percent or more of their analog 

viewers, which can be found on the FCC Web site 

at http://www.fcc.gov/dtv/markets/report2.html. 

97See http://www.fcc.gov/dtv/markets/ 

DTV_Report_2.pdf. 

98As noted here, any of these stations that are 

airing or participating in airing analog nightlight 

service must disclose and explain their signal loss 

as part of the DTV information component of their 

nightlight programming. 

99NAB Comments at 31, note 72. 

100NAB Comments at 32–33. 

101There may well be viewers who currently rely 

on subscription service who may be able to rely, 

instead, on free over-the-air broadcasting and thus 

realize one of the benefits of the DTV transition, 

particularly where the station offers multicast 

channels. See http://www.FCC.gov/DTV/markets 

(Gains significantly outweigh losses nationwide). 

102The FCC telephone number is 1–888– 

CALLFCC, the TTY number is 1–888–TELLFCC, 

and the Web site link for our address tool is 

http://www.DTV.gov/maps. 

103NAB Comments at 31, Mt. Mansfield 

Comments at 2. 

or Three. NAB does not dispute the 

need for service loss notices, but 

expressed concern about ‘‘providing too 

much or unnecessary information to too 

many viewers,’’ leading to a ‘‘flood’’ of 

consumer calls.93 We conclude that, on 

balance, it is better to give viewers too 

much DTV information rather than too 

little. Although there is some 

information available to consumers 

about potential signal loss now on the 

internet,94 we conclude that 

broadcasters are best positioned to know 

and communicate information about 

signal loss and its effects on their own 

viewers through the most direct and 

appropriate means. Without broadcaster 

disclosure, consumers are likely to be 

unaware of the potential impact of 

signal change or loss and the need to 

consult our Web site for specific 

information. 

40. When the Commission issued its 

signal loss report in December 2008, we 

explained our findings with respect to 

319 stations predicted to lose 2 percent 

or more of their analog viewer 

population after they transition to 

digital service. We noted that we 

‘‘expect broadcasters to make this 

information publicly available and a 

part of their local DTV education 

efforts.’’ 95 It appears that few stations 

have heeded our expectation and 

disclosed losses to their viewers. 

Viewers in such areas will need to take 

action to retain access to their local 

stations, either by purchasing more 

sophisticated reception equipment or by 

subscribing to a pay television service. 

Without information from the stations 

whose service area is changing, 

consumers have no easy way to discover 

the potential for loss or change in 

service. Consumers without such 

information may experience not only 

frustration, but also unnecessary 

expense. For example, they may heed 

more general consumer education 

messages advising over-the-air viewers 

to obtain digital converter boxes, only to 

discover belatedly that they are unable 

to receive the digital signal from one or 

more stations in their area. Even worse, 

they may invest money and time in the 

purchase and installation of a new 

outdoor antenna only to learn that the 

digital signal will not reach their home 

with sufficient strength to be received 

and viewed. We conclude that the 

limited information available to 

consumers about service loss constitutes 

a substantial problem that we must 

redress. Without this information, 

consumers will be unable to make 

informed decisions about how to 

address the service loss, such as through 

technical improvements to their 

reception system or through 

subscription to a paid television service. 

41. We amend our rules to require all 

broadcasters to provide service loss 

information to their viewers via their 

existing on-air education efforts (PSAs, 

crawls, etc), if 2 percent or more of their 

analog viewers are predicted to lose 

service (even if the station gains viewers 

elsewhere).96 We note that the 

Commission identified 319 stations that 

are predicted to have a signal loss of 2 

percent or greater.97 To date, 106 of 

these stations have terminated their 

analog service.98 The remaining 213 

must comply with the new consumer 

education requirement. 

42. Stations subject to this 

requirement must provide 

geographically specific information 

describing areas of population that are 

covered by the Grade B analog contour 

but are not predicted to receive digital 

service. NAB argues that if a station tries 

to convey geographic information about 

areas within the digital service area but 

predicted to lose service, it would be 

‘‘extremely confusing and 

inaccurate.’’ 99 They suggest a service 

loss notice should be sufficient if it 

contains text such as ‘‘a small 

percentage of current viewers using an 

antenna to view this analog station may 

have problems receiving this station’s 

digital signal,’’ and directs viewers to a 

commercial antenna prediction site, 

antennaweb.org.100 We disagree. If 

broadcasters provide only the general 

information suggested in NAB’s 

comments, it would effectively 

undermine the goal of providing signal 

loss information. Moreover, the 

antennaweb.org Web site is not ideal for 

all consumers. It is not intended to be 

used to predict signal coverage, and 

provides little or no guidance regarding 

the usefulness of indoor antennas, 

which can work in many locations and 

are often the only practical option. In 

some cases, viewers will need to obtain 

new or better equipment to receive a 

station’s digital signal because the 

analog signal was weak or poor but 

viewable, while the digital signal is 

unwatchable due to the cliff effect 

which results in tiling or a black screen. 

Viewers need the information and 

advice that stations are best positioned 

to provide so that they can make choices 

about how to receive the station’s signal, 

whether over-the-air or through a 

subscription service. We find that it is 

important that consumers be given a 

reasonable amount of geographically 

specific information through on-air 

spots, even if complete information 

cannot be contained within a consumer 

notice. It is also critical that consumers 

be given guidance on how to find more 

complete information, by reference to 

the Commission’s Web site, as well as 

other sources of information. 

43. Of the 319 stations predicted to 

experience population coverage losses 

of 2 percent or more, 196 are a result of 

changes the station has made in its 

service area through, for example, 

relocating the transmitter, reducing 

power, or changing antenna direction. 

We do not mandate specific language 

that must be used by such stations, but 

stations that have shifted or reduced 

their coverage area must disclose the 

geographic areas where there is likely to 

be a service loss. We note, for example, 

that WUTB, an affiliate of MyNetwork 

serving the Baltimore, Maryland area, 

developed a signal loss PSA which 

provides the type of information that 

would be clear and helpful for viewers. 

It briefly and clearly discloses the parts 

of counties affected and advises viewers 

to turn to another affiliate of that 

network to obtain digital service overthe-air. Stations may also point out to 

their viewers any areas in which their 

over-the-air service will improve or 

expand.101 All service loss notices must 

direct viewers to the FCC toll-free 

telephone and TTY numbers and Web 

site for more information.102

44. NAB supports limiting the signal 

loss disclosure requirement to stations 

with losses due to changes in service 

area, but Mt. Mansfield notes that many 

stations are predicted to lose viewers 

due to multiple reasons.103 We agree. 

Consumers who may lose over-the-air 

service as a result of the change in 


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Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 11311 

104NPRM at para 65. 105NAB Comments at 34. 106NAB notes that some stations have engaged 

these other measures, which should be permitted 

but not required, so as to reduce the burden on 

small stations in particular. See id. 

107NAB Comments at 32, note 73. 

108See http://www.fcc.gov/dtv/markets/ 

report2.html and http://www.fcc.gov/dtv/markets/ 

DTV_Report_2.pdf. 

109 Id. 

110Found at http://www.DTV.gov/maps. 

111See Rules Appendix. 

112Found at http://www.DTV.gov/maps. 

Consumers can also find coverage change maps 

relevant to their market at http://www.fcc.gov/dtv/ 

markets/report2.html. 

113Signal loss information must also be included 

in the viewer notifications required of stations that 

are terminating before June 12, for stations covered 

by this section. 

114NAB’s comments support including 

information about antennas in the DTV Consumer 

Education requirements. NAB Comments at 33. 

115For instance, stations that are predicted to 

potentially lose some analog viewers should 

provide guidance to viewers who could improve 

their ability to receive the station’s signal by 

obtaining a different or better antenna. See http:// 

www.fcc.gov/dtv/markets/. 

116The implementation of Major Channel 

Numbers as part of the Program System Information 

Protocol (PSIP) makes it more difficult for 

consumers to determine this information on their 

own, because a station’s ‘‘channel’’ no longer 

necessarily reflects its over the air frequency. See 

Third DTV Periodic Report and Order, 23 FCC Rcd 

at 3079–3082, paras 185–189. 

117We encourage stations to be mindful, in 

preparing their notices, that from the perspective of 

the viewer there is no change of channel number 

even when there is a change of frequency. 

118NPRM at para 64. 

frequency from VHF to UHF are entitled 

to be informed in advance so that they 

can make appropriate preparations. We 

recognize, however, that it may be more 

difficult to articulate particular areas of 

loss due to a frequency change, as 

opposed to the coverage shifts, and that 

more general language may therefore be 

appropriate. For example, a PSA could 

state that engineering predictions 

indicate that some current viewers of 

the station’s analog signal who are 

located in areas obstructed by hills or 

buildings may not receive the station’s 

digital signal, and direct the viewer to 

the FCC’s telephone number and Web 

site for more information. The FCC can 

provide information about predicted 

signal coverage for a particular address. 

We also note that in some cases signal 

loss may be attributable to both change 

of coverage and change of frequency. In 

these cases, stations must disclose all 

geographically discrete locations 

predicted to lose service for any reason, 

and also include more general language 

about predicted losses due to 

obstructions. 

45. The NPRM also sought comment 

on other means that stations could use 

to communicate signal loss information 

to their viewers.104 We suggested 

permitting or requiring direct mail to 

addresses in the affected area, or 

through radio broadcasts and local 

newspapers targeting viewers who are 

likely to experience loss. NAB opposed 

requiring these other measures, noting, 

for example, that stations would find it 

difficult to develop zip codes or mailing 

lists, and that postage is costly.105 We 

conclude that televised broadcasting of 

information is the best way for stations 

to be sure of reaching the affected 

population. Stations are permitted and 

encouraged to use other means, 

particularly radio broadcasts, if they 

wish, but these other measures are not 

required.106

46. NAB argues that, while the FCC’s 

coverage maps can be relied upon to 

make ‘‘an initial threshold 

determination of whether there would 

be a loss of viewership of two percent 

or more,’’ stations should be given the 

opportunity to demonstrate through 

‘‘specific engineering showings that the 

anticipated loss will be less than that 

shown on the FCC’s coverage maps,’’ 

and presumably as a result be exempt 

from the service loss notice 

requirement.107 We conclude that the 

FCC maps and coverage predictions are 

the basis for identifying stations that 

must comply with these signal loss 

disclosure requirements.108 If our report 

predicts a loss of 2 percent or more, the 

station is required to provide signal loss 

information to its viewers. Stations may 

use their own specific engineering 

analysis to provide more particularized 

information to their viewers. 

47. NAB also disputes the value to 

individual viewers of the general 

coverage maps, arguing that a consumerfocused Web site like http:// 

antennaweb.org is more valuable 

because it provides information about a 

specific address and does not assume 

total loss of digital coverage exactly at 

the edge of the predicted service area.109

We agree that an address-specific 

mapping tool is the most helpful for 

consumers, and have developed an 

online digital reception mapping tool 

specifically for that reason.110 As 

discussed above, we do not agree that 

http://antennaweb.org is the most useful 

tool for all consumers. 

48. These required service loss notices 

may be no fewer than 30 seconds long, 

and must be aired at least once per day, 

between 8 a.m. and 11:35 p.m., by all 

broadcasters with a 2 percent or greater 

predicted service loss. At least three 

times per week, they must air in 

primetime.111 This requirement is in 

addition to and not in lieu of the other 

on-air informational requirements for 

broadcasters, but like other consumer 

education requirements it will expire 

when a station terminates analog 

broadcasting. This information must 

also appear on a station’s internet home 

page, including a link to the online 

digital reception mapping tool hosted by 

the Commission.112 This information 

must remain available on a station’s 

internet home page for at least 30 days 

after the station terminates its analog 

service, notwithstanding the 

termination of other consumer 

education requirements. Because we are 

applying this service loss notice 

requirement to all analog broadcasters 

with a 2 percent or greater predicted 

service loss, regardless of the consumer 

education option the broadcaster chose, 

we will eliminate the existing service 

loss notice requirement currently 

applicable to broadcasters that elected 

to comply with the Option One 

consumer education requirements.113

3. Antenna Information 

49. We also proposed that consumer 

education should include information 

about antennas. We find that antenna 

information is valuable for all viewers, 

not only those where there is a 

predicted signal loss.114 Many viewers 

would benefit from a refined and 

enhanced understanding of the role 

their antenna setup plays in reception of 

local stations, and any actions they 

could take to improve reception, 

particularly actions short of purchasing 

new equipment.115 In addition to the 

general information that must be 

provided by all stations, if a station is 

changing its broadcast frequency from 

VHF to UHF (or vice versa), it must 

include information about the need for 

additional or different equipment to 

avoid loss of service.116 We will not 

require specific language, but we do not 

find NAB’s proposed language, ‘‘using a 

VHF/UHF antenna will help ensure 

reception of all stations in your local 

area,’’ sufficiently relevant for every 

situation. Instead, we require that each 

station that is transitioning between the 

VHF and UHF bands, in either 

direction, must inform its viewers of the 

change in frequency and remind 

viewers that they must have a UHF or 

VHF antenna, as appropriate, to receive 

the signal after the transition.117 We also 

proposed in the NPRM to require 

notices describing ‘‘areas where analog 

signal strength is generally sufficient for 

viewers to rely on an indoor antenna but 

where it is likely that they will need an 

outdoor antenna to receive the digital 

signal.’’ 118 NAB argues that there is 

insufficient industry consensus on how 

to model this situation, and that it 


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11312 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 

119NAB Comments at 33. 

120Option One broadcasters may replace up to 25 

percent of their daily PSAs and crawls with antenna 

information notices, notwithstanding the other 

content requirements for Option One notices. 47 

CFR 73.674(c)(3)(vi) and 4. 

121NPRM at para 66. 

122NAB Comments at 30. 123Option One broadcasters may replace up to 25 

percent of their daily PSAs and crawls with notices 

focused on rescanning, notwithstanding the other 

content requirements for Option One notices. 47 

CFR 73.674(c)(3)(vi) and 4. 124See Rules Appendix. 125This telephone number for consumer referrals 

must be provided by March 17, 2009 on the Analog 

Service Termination Notification form, but may be 

updated as necessary. 

126This information will be available from the 

Commission at our Web site, https:// 

dtvsupport.fcc.gov/dtvtools, compiled using the 

detailed data provided by stations and third party 

entities. 

127Option One broadcasters may replace up to 25 

percent of their daily PSAs and crawls with this 

‘‘local assistance’’ contact information, 

notwithstanding the other content requirements for 

Option One notices. 47 CFR 73.674(c)(3)(vi) and 4. 

128See Rules Appendix. 

therefore cannot be conveyed.119 We 

agree that specific advice as to the use 

of indoor or outdoor antennas can vary 

house by house within the same 

neighborhood, and, therefore, we will 

not require stations to include this 

information. We will require, however, 

that a station whose signal strength will 

be reduced in a discrete geographic area 

as a result of a shift by the station in its 

coverage area must address this 

reduction in their antenna information 

notices. 

50. Antenna information could be 

included as part of a station’s existing 

DTV Consumer Education Initiative 

efforts,120 discussed during news 

programs, or otherwise conveyed in the 

manner the station determines will be 

most helpful to consumers. The 

information must be provided at least 

once per day, in a message lasting at 

least 15 seconds, with at least three of 

those messages per week airing during 

primetime. 

4. Rescanning 

51. As proposed in the NPRM, we will 

require all stations to provide 

information to consumers about the 

need to periodically rescan for channels. 

A digital receiver, whether it is in a 

digital-to-analog converter box, a digital 

television, or any other device, must 

‘‘scan’’ for available broadcast 

frequencies before it can be used to tune 

and view digital television.121 Most 

such receivers do not automatically 

‘‘rescan’’ for additional channels or 

changes in existing channels. During the 

time surrounding the conclusion of the 

transition, many stations will be 

changing the service areas and the 

broadcast channels of their digital 

transmissions. As a result, viewers will 

need to periodically rescan during this 

period in order to ensure that they are 

correctly receiving all the digital 

broadcast services available to them. 

Our experience assisting with outreach 

and education across the nation, 

however, has made it clear that this 

concept can be difficult to convey to 

viewers, particularly because digital 

receivers, including different converter 

boxes, have a variety of different 

rescanning procedures. This makes 

widespread consumer awareness of the 

issue crucial, so that viewers can take 

the steps they need to take to educate 

themselves or seek help from others. 

NAB agrees with the Commission about 

the importance of educating viewers 

about rescanning, and is in fact 

preparing a public service 

announcement about rescanning that it 

will make available to all 

broadcasters.122 It suggests that stations 

be given flexibility in providing this 

information, and we agree that this is 

appropriate. Therefore, we will require 

all stations to broadcast information to 

consumers about the need to 

periodically rescan, but this information 

may be provided in the manner of a 

station’s choosing. The message could 

be included as part of a station’s 

existing DTV Consumer Education 

Initiative efforts,123 discussed during 

news programs, or broadcast at another 

time if the station determines that will 

be most helpful to consumers. They 

must be aired at least once per day, in 

a message lasting at least 15 seconds, 

with at least three of those messages per 

week airing during primetime.124

5. Consumer Referral Telephone 

Numbers and Publicizing Consumer 

Help Centers 

52. We will require all stations, when 

filing the analog service termination 

notification form, to provide us with a 

telephone number that will serve to 

receive local consumer calls and 

consumer referrals from our national 

Call Center.125 We anticipate that the 

FCC Call Center will be able to help 

most callers, for instance with converter 

box set-ups, the NTIA coupon program, 

scanning issues, access to the 

Commission’s online mapping tool, and 

basic antenna guidance. Nonetheless, 

local stations typically are the best 

source of information and assistance for 

viewers having difficulty receiving a 

particular signal. In particular, where a 

reception issue may arise due to very 

localized terrain issues, a local station is 

in a much better position to address 

related concerns than the staff at the 

FCC’s national Call Center. 

53. We expect that the telephone 

number provided will be one that is 

staffed during business hours with 

personnel who are prepared to answer 

complex questions from viewers, 

particularly regarding necessary actions 

to take to get reception in specific 

locations, and other engineering issues. 

We note that stations should be 

prepared for an increased volume of 

calls, both referred and locally 

originating, around important dates 

such as the date the station terminates 

analog, the date many other stations in 

the market terminate analog, and June 

12. This telephone number may be 

operated and staffed by the station itself, 

by a group of stations in a market, or by 

a third party entity such as a state 

broadcasters’ association. 

54. We will also require that these 

telephone numbers, and any walk-in 

centers in the market, be publicized by 

each station as part of their consumer 

education obligations. In many markets, 

there may be a number of local help 

centers. These will include volunteer 

efforts, centers run by major network 

affiliates that are transitioning early, and 

potentially FCC contractors. These 

locally-focused efforts are among the 

best ways to help consumers who 

remain unprepared, but they are only 

valuable to the extent that they are made 

known to viewers. Therefore, we will 

require every station to include at least 

the following elements in its on-air 

education efforts: the location and 

operating hours of walk-in DTV help 

centers in the market; the FCC Call 

Center telephone number and TTY 

number; and the telephone number for 

the station’s telephone number for 

consumer referrals and calls from local 

viewers.126 Similar to the rescanning 

notices, this information could be 

included as part of a station’s existing 

DTV Consumer Education Initiative 

efforts,127 discussed during news 

programs, or broadcast at another time 

if the station determines that will be 

most helpful to consumers. The 

information must be aired at least once 

per day, in a message lasting at least 15 

seconds, with at least three of those 

messages per week airing during 

primetime.128

6. 100 Day Countdown 

55. We amend Option Two of the DTV 

Consumer Education Initiative to 

require each station to air a 60-day 

countdown to its termination of analog 

service. As discussed above, the 

Omnibus Order required stations to 

begin a new 100-Day Countdown to 

June 12, 2009, but we temporarily 

waived that requirement in order to 


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Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 11313 

129NAB Comments at 28, Berl Brechner 

Comments at 1, Mt. Mansfield Comments at 3–4, 

Griffin Comments at 3. 

130United Comments at 2. 

131NAB Comments at Attachment A. 

132NAB Comments at 24. 

133 DTV Delay Act Omnibus Order, FCC 09–11, 

para 59. 

134NAB Comments at 28, United Comments at 2, 

Griffin Comments at 3, Berl Brechner Comments at 

1, Mt. Mansfield Comments at 3–4 

135Stations may explain the difference between 

the national and station-specific transition to 

viewers, even simultaneously with their countdown 

clock. For instance, a station could run a graphic 

that shows both the national countdown and the 

station’s countdown simultaneously, if they are 

different. In order to give stations more flexibility 

in the format of these countdown reminders, we 

will remove the maximum duration limits provided 

for in our rules. 

136United Comments at 5. 

137 47 CFR 73.674(d)(5). 

138All rule changes are reflected in the Appendix 

to this document. 

139See OMB Control No. 3060–1115 (Form 388). 

140 Digital Television Distributed Transmission 

System Technologies, MB Docket No. 05–312, 

Continued 

consider possible revisions to ensure 

that the Countdown was as effective as 

possible in educating consumers. We 

asked in the NPRM how we should 

revise this requirement, and received a 

number of comments, all advocating 

limitations. There was complete 

agreement among commenters who 

addressed this proposal that there 

should be no countdown for stations 

that have already transitioned. In 

general, commenters emphasized that 

imposition of a 100-day countdown 

clock for stations that have transitioned 

would cause viewer confusion and 

would not reach those analog viewers 

most in need of such information.129

NAB and Mt. Mansfield both argue that 

the countdown might lead digital 

viewers to believe they need to take 

further steps to prepare. United 

commented that the ‘‘fundamental 

differences’’ between analog and digital 

broadcasts warrant different consumer 

education tactics.130 As discussed 

above, we agree with these commenters 

that a station need not continue DTV 

transition education once it has 

terminated analog service. NAB, 

however, also proposed a more nuanced 

and limited approach to the countdown 

before a station terminates analog 

service. They would limit all 

countdowns to 60 days, arguing that this 

will create more urgency once the 

countdowns begin again.131 They would 

permit stations that transition early to 

air a countdown to their own transition, 

and they would require stations that 

transition on June 12 to air a countdown 

to the national transition deadline.132

We largely agree with these proposals. 

56. As discussed in the NPRM, a 

simple nationwide countdown was 

appropriate when the vast majority of 

stations were planning to continue 

analog programming until the 

conclusion of the transition.133 Now 

that the transition has been delayed, 

however, we anticipate that an 

appreciable number of the roughly 64 

percent of stations that did not 

transition on or before February 17 may 

transition prior to June 12. Under the 

circumstances, we agree with the 

commenters that requiring an identical 

and simultaneous countdown to June 12 

by all Option Two stations could create 

confusion, and would not necessarily 

reach those viewers most in need of the 

information.134 Nonetheless, the 

countdown clock serves an important 

educational purpose, and stations 

transitioning early, in particular, need to 

convey the appropriate level of urgency 

to their viewers. This makes NAB’s 

proposal, which would appear to permit 

stations that terminate early to do so 

without a countdown at all, not entirely 

sufficient to meet the needs of consumer 

education. Therefore, we will require 

each Option Two station to run a 

countdown to its own termination of 

analog service, beginning no later than 

March 17, 2009 or 60 days prior to its 

analog termination, whichever date 

occurs later.135 As a result, stations that 

are terminating analog on the transition 

deadline of June 12, 2009, will begin 

their countdown on April 13, 2009 

(such that April 13 is day 60, and June 

12 is Day Zero). Stations that transition 

earlier will begin counting down earlier, 

but will not be required to begin their 

countdown earlier than April 1, 2009. 

7. 30 Minute Informational Videos 

57. We amend the DTV Consumer 

Education Initiative rules to require 

Option Two and Three broadcasters that 

are still broadcasting in analog to air a 

new, up-to-date 30 minute 

informational video before they 

transition. United Communications 

Corporation agreed with our tentative 

decision not to require stations that 

have already transitioned to air an 

additional 30-minute informational 

video, a proposal we adopt.136 Under 

the rules as revised in the Omnibus 

Order, Option Two and Three 

broadcasters must, on at least one day 

prior to June 12, 2009, air ‘‘an 

informational program on the digital 

television transition.’’ 137 Many, if not 

most, of the affected broadcasters 

complied with this requirement when 

the transition was to take place on 

February 17, and their informational 

programs necessarily reflected that date. 

For stations that have already 

transitioned, we find that such a 

program met the needs of their viewers. 

For stations that have not yet 

transitioned, however, we find that a 

program aired before the adoption of the 

DTV Delay Act cannot be considered 

sufficiently accurate and helpful to 

viewers. Therefore, we will require such 

Option Two and Three stations to air an 

up-to-date 30 minute informational 

program before they cease analog 

programming. 

58. NAB supports this proposal, but 

argues that we should not require the 

video to contain locally-specific 

information. However, we find that 

locally-specific information is the most 

important, particularly for viewers who 

may not have transitioned because of 

uncertainty regarding continuing 

service. Therefore, in order to serve the 

consumer educational purposes of the 

DTV Delay Act, this up-to-date 30- 

minute informational video must 

explain: (1) The change in the transition 

date; (2) when that particular station is 

transitioning; (3) when other stations in 

the market are transitioning; and (4) 

service loss issues, if any (providing the 

same information required by the rules 

adopted in section III.C.2, above). 

8. Form 388 

59. Finally, we revise Form 388, the 

DTV Quarterly Activity Station Report, 

to reflect the changes we have made to 

the DTV Consumer Education Initiative 

broadcaster rules in this Report and 

Order.138 The Commission has received 

approval from OMB for these minor 

changes to the forms.139

D. DTS Signal Loss ‘‘Waiver Policy’’ 

Extended 

60. We extend until December 14, 

2009 the deadline for accepting DTV 

distributed transmission system 

technologies (‘‘DTS’’) ‘‘waiver policy’’ 

proposals to permit a station to use DTS 

if doing so will enable it to continue to 

serve its existing analog viewers who 

would otherwise lose service as a result 

of its transition to digital service. In the 

DTS Order, the Commission adopted a 

waiver policy to enable stations to 

address the type of loss experienced by 

WECT, Wilmington, NC (channel 6), 

where many analog viewers of that 

station lost service when the station 

transitioned to digital-only operations. 

The Commission permitted a station to 

use DTS if doing so will enable it to 

continue to serve its existing analog 

viewers within its analog Grade B 

contour who would otherwise lose 

service as a result of its transition.140


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11314 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 

Report and Order, 23 FCC Rcd 16731, para 28 

(2008) (‘‘DTS Order’’). 

141 Id. The Commission limited the use of DTS 

under this waiver policy to stations that apply on 

or before August 18, 2009 ‘‘[b]ecause the purpose 

of this waiver policy is to maintain service to 

existing viewers after the digital transition.’’ The 

Commission urged stations to determine right away 

‘‘if they anticipate such a loss of service to current 

analog viewers and to apply as soon as possible to 

obtain an STA for DTS operation under the interim 

policy so that they can continue to provide 

uninterrupted service to the current analog viewers 

within their analog Grade B contour after they 

terminate their analog service.’’ 

142Merrill Weiss Group LLC (‘‘MWG’’) 

Comments. 

143Third DTV Periodic Report and Order, 23 FCC 

Rcd at 3041. 144 Id. 

145Pursuant to the first phased transition 

provision, the Commission allowed stations that are 

moving to a different DTV channel for posttransition operations to temporarily remain on their 

pre-transition DTV channel while they complete 

construction of their final digital facilities, 

provided: (1) They build facilities that serve at least 

the same population that receives their current 

analog TV and DTV service so that over-the-air 

viewers will not lose TV service; and (2) They do 

not cause impermissible interference to other 

stations or prevent other stations from making their 

transition. Pursuant to the second phased transition 

provision, the Commission allowed stations to 

operate their post-transition facilities at less than 

their full, authorized facilities, provided they 

demonstrated either: (1) A ‘‘unique technical 

challenge’’ (as defined in the Third DTV Periodic 

Report and Order) and could serve at least 85 

percent of the same population that receives their 

current analog TV and DTV service; or (2) A 

significant technical impediment to the 

construction of their full, authorized facilities that 

would not otherwise qualify for an extension of 

time to construct facilities under the new, stricter 

standard adopted in the Third DTV Periodic Report 

and Order and could serve at least 100 percent of 

the same population that receives their current 

analog TV and DTV service so that over-the-air 

viewers will not lose TV service. Both phased 

transition provisions also require the station to 

notify viewers on its analog channel about the 

station’s planned delay in construction and 

operation of post-transition (DTV) service. The 

viewer notifications must occur every day on-air at 

least four times a day including at least once in 

primetime for the 30 days prior to the station’s 

termination of full, authorized analog service. Third 

DTV Periodic Report and Order, 23 FCC Rcd at 

3039, para 91. 

146First DTV Delay Order, FCC 09–9 at para 3. 

147See Omnibus Order, FCC 09–11 para 37. See 

also Third DTV Periodic Report and Order, 23 FCC 

Rcd at 3036–3042, paras 88–97. 

148Specifically, as noted in paragraph 36 of the 

DTV Delay Act Omnibus Order, at para 36, we will 

apply the extension request standard contained in 

Section 73.624(d)(3) to stations with construction 

deadlines on or before June 12, 2009 and the tolling 

standard set forth in Section 73.3598(b) to all 

construction deadlines occurring June 13, 2009 or 

later. See 47 CFR 73.624(d)(3) (extension standard); 

and 47 CFR 73.3598(b) (tolling standard). We note 

that the Section 73.3598(b) tolling standard does 

not provide relief for financial hardship, except that 

paragraph (b)(2) would toll the construction 

deadline for a station that could not build because 

of a pending bankruptcy court action. 

The Commission set a deadline of 

August 18, 2009 for accepting such 

waiver requests, saying that ‘‘providing 

the flexibility to apply within six 

months after the transition date will 

allow stations to deal with unforeseen 

circumstances that come to light when 

they make their transition.’’ 141 In 

comments in response to the NPRM, the 

Merrill Weiss Group LLC (‘‘MWG’’) asks 

that the August deadline be extended 

until December 14, 2009—six months 

after the June 12 transition date.142 We 

agree with MWG and extend until 

December 14, 2009 the deadline for 

accepting DTS proposals under this 

waiver policy. We expect that DTS can 

be a useful tool for stations to prevent 

such loss of service to existing analog 

viewers resulting from changes to the 

station’s service area in the transition to 

digital service and find that stations 

should have access to this tool for up to 

six months after the new June 12 

deadline. 

E. Phased Transition STAs Extended 

From August 18 to October 18 

61. We reconsider sua sponte our 

decision in the Omnibus Order and give 

stations with phased transition special 

temporary authorizations (STAs) an 

additional two months—until October 

18, 2009—to complete their transition 

and operate at their full, authorized 

post-transition (DTV) facilities. In 

addition, we will consider on a case-bycase basis extending these phased 

transition STAs for an additional, but 

limited, period of time upon an 

appropriate and detailed public interest 

justification explaining why additional 

time is warranted given the station’s 

particular circumstances. Finally, we 

delegate authority to the Media Bureau 

to consider and act on these phased 

transition STAs, consistent with this 

Order. 

62. In the Third DTV Periodic Report 

and Order, the Commission adopted 

two provisions for a ‘‘phased transition’’ 

in an effort to offer broadcasters 

regulatory flexibility in meeting their 

post-transition construction deadlines 

without disappointing viewer 

expectations after the transition 

deadline.143 First, the Commission 

granted a six month STA to stations to 

temporarily remain on their pretransition DTV channel with an option 

to seek another six months, provided 

the station continues to satisfy the 

conditions for this STA. These stations 

were required to commence operations 

on their final, post-transition (digital) 

channel no later than February 18, 2010. 

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

less than their full, authorized facility 

by their construction deadline. These 

flexible options were particularly 

needed by stations planning to use their 

own or another stations analog 

equipment for post-transition digital 

operation, which made it impossible for 

them to finalize construction of their 

digital facilities before February 17th 

without terminating their analog service 

early. These stations were required to 

commence operations at full, authorized 

digital facilities no later than August 18, 

2009.144 To qualify for either of these 

phased transition provisions, stations 

were required to meet a service 

requirement to minimize the loss of 

service after the transition deadline, 

were prohibited from causing 

impermissible interference to other 

stations or preventing other stations 

from making their transition, and were 

required to comply with a viewer 

notification requirement.145 We note 

that stations that started these viewer 

notifications in advance of a previously 

planned termination that did not occur 

must restart airing these notifications 30 

days in advance of their phased 

transition. 

63. In the First DTV Delay Order, we 

extended until June 12, 2009 (the new 

transition deadline) the construction 

deadline for stations with a deadline of 

February 17, 2009 (the previous 

transition deadline).146 In the Omnibus 

Order, however, we found it 

unnecessary to automatically extend the 

deadlines established for stations that 

obtained STAs through the phased 

transition provisions of the Third DTV 

Periodic Report and Order because, in 

many cases, we found these STAs were 

granted to address construction 

impediments due to weather-related 

concerns.147 Finally, we noted in the 

Omnibus Order that, to the extent 

additional time is needed by phased 

transition stations, they must comply 

with Section 73.3598(b) tolling standard 

established in the Third DTV Periodic 

Report and Order.148 We note that 

stations with the first type of a phased 

transition STA (i.e., to temporarily 

remain on their pre-transition DTV 

channel) are already permitted to seek 

Commission approval for extensions up 

until February 17, 2010, provided the 

station continues to satisfy the 

conditions for this STA. We will 

scrutinize such requests to be sure that 

the circumstances justify the extension. 

We will grant such extensions only for 

as long as is absolutely necessary, based 

on the justifications submitted, and in 

no event beyond February 17, 2010. 

64. Some parties object to the decision 

to limit the length of time stations with 

unique technical challenges could 

remain at reduced power on their posttransition facilities. They seek 

additional time for such stations that 


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Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 11315 

149See, e.g., Tribune Broadcasting and Allbritton 

Communications (‘‘Tribune and Allbritton’’) Ex 

Parte in MB Docket 09–17 (dated March 3, 2009); 

University of North Carolina (‘‘UNC–TV’’) Ex Parte 

in MB Docket 09–17 (dated March 4, 2009); KTVU 

Partnership (‘‘Cox’’) Comments regarding stations 

KTVU and KICU (each dated March 4, 2009); 

LeSEA Broadcasting Corporation Comments (dated 

March 4, 2009); 

150Ex Parte Comments of Tribune Broadcasting 

and Allbritton Communications (dated March 3, 

2009) at 1; Ex Parte Comments of the University of 

North Carolina (filed March 4, 2009) at 3. 

151We note, however, that phased transition 

stations must continue to comply with the 

Consumer Education requirements until they 

complete construction and commence operation of 

their full, authorized post-transition digital facility. 

152 5 U.S.C. 551, et seq. (APA). 

153 5 U.S.C. 801, et seq. (CRA). 

154 5 U.S.C. 601, et seq. (RFA). 

155 DTV Delay Act Omnibus Order, FCC 09–11 at 

para 70. 

156The Paperwork Reduction Act of 1995 

(‘‘PRA’’), Public Law 104–13, 109 Stat 163 (1995) 

(codified in Chapter 35 of Title 44 U.S.C.). 

157See OMB Control Nos. 3060–0386 (CDBS 

Informal Filing Forms), 3060–1115 (Form 388 and 

consumer education requirements), and 3060–1117 

(viewer notifications for analog service 

termination). 

158 5 CFR 1320.13. 

could demonstrate a need for more 

time.149 For example, Tribune/ 

Allbritton and UNC–TV explain in their 

ex partes that their particular situations 

require extensive tower work and 

coordination that can only take place 

after the stations terminate their analog 

service.150 They point out that work can 

only commence after they terminate 

analog service and that they had 

planned on a four month process, 

beginning in the spring following the 

original February 17th transition 

deadline. The delay to June means that 

they cannot begin work on their posttransition facilities until mid-June 

because they will continue to use their 

analog transmission equipment until 

then. 

65. We believe many other phased 

transition stations may be in this same 

situation and are, therefore, persuaded 

to provide two additional months to all 

phased transition stations, thus 

extending their STAs from August 18 to 

October 18, 2009. Given the limited 

amount of time afforded, and that the 

service requirement will minimize the 

loss of service after the transition date, 

we find it appropriate to give this twomonth blanket extension to all phased 

transition stations. We find that 

providing this extra time will permit 

phased transition stations to continue 

providing analog service until the end of 

the transition and that the benefit of full 

analog service through the transition 

deadline weighs in favor of somewhat 

reduced post-transition digital service 

for a limited period of time.151

Accordingly, we extend until October 

18, 2009 the construction deadline for 

stations with a phased transition STA 

deadline of August 18, 2009. 

66. In addition to the blanket twomonth extension granted above, we will 

consider on a case-by-case basis 

extending phased transition STAs for 

stations with unique technical 

challenges. However, absent a tolling 

justification, no phased transition 

extensions will be granted beyond 

February 17, 2010. To obtain an 

additional extension beyond October 18, 

the station must continue to satisfy the 

conditions for a phased transition STA 

(noted above), which, we clarify, 

includes a requirement that the station 

provide an appropriate justification 

explaining why additional time is 

warranted given the station’s particular 

circumstances. Such a justification is 

always required as part of the STA 

approval process, but we note that we 

will give renewed consideration as to 

whether a particular length of extension 

is warranted in the particular 

circumstances at issue. 

IV. Procedural Matters 

A. Statutory Authority 

67. As addressed in detail in the 

Omnibus Order, we have concluded that 

the rule changes and other actions taken 

in order to implement the DTV Delay 

Act are not subject to the rulemaking 

requirements of the Administrative 

Procedure Act,152 Congressional Review 

Act,153 Regulatory Flexibility Act,154 or 

any other provision of law that 

otherwise would apply and would 

impede implementation of the statutory 

directives.155 No commenter disagreed 

with our conclusion. We find that the 

rule changes and other actions taken in 

this Order are, therefore, not subject to 

the above-referenced requirements and, 

in any event, conclude that there is good 

cause for departure from such 

requirements here for the reasons set 

forth in the Omnibus Order. 

B. Additional Information 

68. For more information, please 

contact Evan Baranoff, 

Evan.Baranoff@fcc.gov, at 202–418– 

7142 or Lyle Elder, Lyle.Elder@fcc.gov, 

at 202–418–2120, of the Media Bureau, 

Policy Division, or Eloise Gore, 

Eloise.Gore@fcc.gov, at 202–418–7200, 

of the Media Bureau. 

C. Final Paperwork Reduction Act of 

1995 Analysis 

69. This Report and Order was 

analyzed with respect to the Paperwork 

Reduction Act of 1995 (‘‘PRA’’) 156 and 

contains modified information 

collection requirements. Specifically, 

this Report and Order modifies several 

existing DTV transition-related 

information collection requirements.157

The Commission has received OMB 

approval under OMB’s emergency 

processing rules for these modified 

information collection requirements.158

For additional information concerning 

the information collection requirement 

contained in this Report and Order, 

contact the Office of Managing Director 

(OMD), Performance Evaluation & 

Records Management (PERM): Cathy 

Williams, Cathy.Williams@fcc.gov, at 

202–418–2918. 

V. Ordering Clauses 

70. It is ordered that, pursuant to the 

authority contained in Sections 1, 2, 4, 

7, 303, 309, and 337 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152, 154, 157, 

303, 309, and 337, and Sections 2 and 

4 of the DTV Delay Act, Public Law 

111–4, 123 Stat. 112, to be codified at 

47 U.S.C. 309(j)(14) and 337(e), this 

Report and Order IS ADOPTED and the 

Commission’s Rules are hereby 

amended as set forth in the Rules 

Appendix. 

71. It is also ordered that, pursuant to 

the authority contained in Section 4(c) 

of the DTV Delay Act, DTV Delay Act 

sec 4(c), the rules, requirements, forms 

and procedures adopted in this Report 

and Order will be effective on March 13, 

2009. 

List of Subjects in 47 CFR Part 73 

Digital television, Reporting and 

recordkeeping requirements, and 

Television. 

Federal Communications Commission. 

Gloria J. Miles, 

Federal Register Liaison. 

Final Rules 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

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

■ 2. Revise § 73.674 to read as follows: 

§ 73.674 Digital Television Transition 

Notices by Broadcasters. 

(a) Each full-power commercial and 

noncommercial educational television 

broadcast station licensee or permittee 

must air an educational campaign about 

the transition from analog broadcasting 


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11316 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 

to digital television (DTV). For each 

such commercial station, a licensee or 

permittee must elect by March 27, 2008, 

to comply with either paragraph (c) or 

(d) of this section. For each such 

noncommercial station, a licensee or 

permittee must elect, by March 27, 

2008, to comply with paragraph (c), (d), 

or (e) of this section. A licensee or 

permittee must note their election via 

the filing of Form 388 as required by 

§§ 73.3526 and 73.3527. 

(b) The following requirements apply 

to paragraphs (c), (d), and (e) of this 

section: 

(1) The station must comply with the 

requirements of the paragraph it elects 

with respect to its analog channel and 

its primary digital stream. 

(2) Any Public Service 

Announcement aired to comply with 

these requirements must be closedcaptioned, notwithstanding § 79.1(d)(6) 

of this chapter. 

(3) The campaign must begin no later 

than March 27, 2008, and continue at 

least through the station’s termination of 

analog service, not later than June 12, 

2009, except for stations subject to the 

provisions of paragraph (b)(4) of this 

section. 

(4) Any station that has filed a request 

for an extension of the deadline for 

construction of its full, authorized posttransition digital facility, including a 

request for phased transition pursuant 

to the Third DTV Periodic Report and 

Order in MB Docket 07–91, or is 

operating under such an extension, 

must continue its DTV consumer 

education campaign until the station 

completes construction of its full, 

authorized post-transition digital 

facility. After the station terminates 

analog service, it must continue to 

comply with the requirements of the 

Consumer Education Campaign Option 

that it has elected, except that the 

content of all on-air education must be 

revised to provide information about the 

station’s limited digital service area and 

the anticipated date for it to complete 

construction and commence operation 

of its full, authorized post-transition 

digital facility. 

(5) Service Loss Notices—Beginning 

April 1, 2009, if the FCC’s Signal Loss 

Report, available on http://www.dtv.gov, 

predicts that 2 percent or more of the 

population in a station’s Grade B analog 

service contour will not receive the 

station’s digital signal, the station must 

air service loss notices, as provided in 

this paragraph. 

(i) Service loss notices may be no 

fewer than 30 seconds long, and must be 

aired at least once per day, between 8 

a.m. and 11:35 p.m. At least three 

service loss notices per week must air 

between 8 p.m. and 11 p.m. in the 

Atlantic, Eastern and Pacific time zones, 

and between 7 p.m. and 10 p.m. in the 

Mountain, Central, and Alaskan time 

zones. 

(ii) Service loss notices are in addition 

to the other obligations imposed by this 

section. 

(iii) The service loss notices must 

include the FCC’s Call Center number, 

1–888–CALL–FCC, the FCC’s TTY 

number, 1–888–TELL–FCC, and the 

Web site address for the FCC’s online 

digital reception mapping tool, http:// 

www.DTV.gov/maps. 

(iv) The station must post service loss 

information on its Web site home page, 

including a link to the relevant coverage 

change maps on http://www.DTV.gov 

and the FCC’s online digital reception 

mapping tool, http://www.DTV.gov/ 

maps. This information must remain 

available on the station’s Web site home 

page for at least 30 days after the station 

terminates its analog service, 

notwithstanding the termination of 

other consumer education requirements. 

(v) The loss areas disclosed in the 

service loss notices must be based on 

the FCC’s Signal Loss Report. 

(vi) Service loss notices must disclose 

that some current viewers of the 

station’s analog signal are predicted to 

experience a loss of service and describe 

the discrete geographic areas where 

there is likely to be a service loss. 

(vii) If any predicted service loss is 

attributable to a change in the station’s 

frequency from VHF to UHF, and the 

predicted losses cannot entirely be 

described with respect to discrete 

geographic areas, the station must, at a 

minimum, disclose that some analog 

viewers located in areas obstructed by 

hills or buildings are predicted to be 

unable to receive the station’s digital 

signal. This is in addition to, and not in 

lieu of, descriptions of any discrete 

geographic areas where there is likely to 

be a service loss. 

(6) Antenna Information Notices— 

Beginning April 1, 2009, all stations 

must include information about the use 

of antennas as part of their consumer 

education campaign, as provided in this 

paragraph. 

(i) The antenna information notices 

should provide information about the 

types of antennas that their viewers may 

need, and how to install them. 

(ii) Stations that have changed or are 

changing the frequency band in which 

they broadcast must inform their 

viewers of the change in frequencies 

and explain how the change affects the 

antenna they need to receive their 

signal. 

(iii) Stations that are predicted by the 

FCC’s Signal Loss Report to have any 

loss of viewers should consider whether 

their viewers can improve their ability 

to receive their signal by obtaining a 

different or better antenna, and if so, 

provide information concerning such 

antennas. 

(iv) Antenna information notices must 

be no fewer than 15 seconds long, and 

must be aired at least once per day, 

between 8 a.m. and 11:35 p.m. At least 

three antenna information notices per 

week must air between 8 p.m. and 11 

p.m. in the Atlantic, Eastern and Pacific 

time zones, and between 7 p.m. and 10 

p.m. in the Mountain, Central, and 

Alaskan time zones. 

(v) Antenna information notices may 

be included as part of a station’s DTV 

Consumer Education Initiative efforts, 

or may be discussed for at least 15 

seconds during news programs, or 

broadcast in other ways that the station 

determines will be most helpful to 

consumers. 

(vi) Notwithstanding the content 

requirements of paragraph (c) of this 

section, a licensee or permittee electing 

compliance with paragraph (c) of this 

section may replace up to 25 percent of 

their daily PSAs and crawls with 

antenna notices. 

(7) Rescanning Notices—Beginning 

April 1, 2009, all stations must include 

information in their consumer 

education campaigns to inform and 

remind viewers about the importance of 

periodically using the rescan function of 

their digital televisions and digital 

converter boxes, as provided in this 

paragraph. 

(i) Rescanning notices should explain 

why rescanning is important in general 

and, in particular, if the station is 

changing channels or signal direction. 

(ii) Rescanning notices must be no 

fewer than 15 seconds long, and must be 

aired at least once per day, between 8 

a.m. and 11:35 p.m. At least three 

rescanning notices per week must air 

between 8 p.m. and 11 p.m. in the 

Atlantic, Eastern and Pacific time zones, 

and between 7 p.m. and 10 p.m. in the 

Mountain, Central, and Alaskan time 

zones. 

(iii) Rescanning notices may be 

included as part of a station’s DTV 

Consumer Education Initiative efforts, 

or may be discussed for at least 15 

seconds during news programs, or 

broadcast in other ways that the station 

determines will be most helpful to 

consumers. 

(iv) Notwithstanding the content 

requirements of paragraph (c) of this 

section, a licensee or permittee electing 

compliance with paragraph (c) of this 

section may replace up to 25 percent of 

their daily PSAs and crawls with 

rescanning notices. 


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Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 11317 

(8) Help Center Notices—Beginning 

April 1, 2009, as part of its DTV 

consumer education campaign, every 

station must air notices providing the 

location and operating hours of walk-in 

DTV help centers in the station’s market 

area; the FCC Call Center telephone 

number and TTY number; and the 

station’s telephone number for receiving 

consumer referrals and calls from local 

viewers, as provided in this paragraph. 

(i) Help center notices must be no 

fewer than 15 seconds long, and must be 

aired at least once per day, between 8 

a.m. and 11:35 p.m. At least three help 

center notices per week must air 

between 8 p.m. and 11 p.m. in the 

Atlantic, Eastern and Pacific time zones, 

and between 7 p.m. and 10 p.m. in the 

Mountain, Central, and Alaskan time 

zones. 

(ii) Help center notices may be 

included as part of a station’s DTV 

Consumer Education Initiative efforts, 

or may be discussed for at least 15 

seconds during news programs, or 

broadcast in other ways that the station 

determines will be most helpful to 

consumers. 

(iii) Notwithstanding the content 

requirements of paragraph (c) of this 

section, a licensee or permittee electing 

compliance with paragraph (c) of this 

section may replace up to 25 percent of 

its daily PSAs and crawls with help 

center notices. 

(c) Consumer Education Campaign 

Option One: 

(1) From March 27, 2008 through the 

station’s termination of analog service 

or, for stations subject to the provisions 

of paragraph (b)(4) of this section, until 

the station completes construction of its 

full, authorized post-transition digital 

facility, a licensee or permittee must, at 

a minimum, air one transition-related 

public service announcement (PSA), 

and one transition-related informative 

text crawl, in every quarter of every 

broadcast day. This minimum will 

increase to two of each, per quarter, 

from April 1, 2008 through September 

30, 2008, and to three of each, per 

quarter, from October 1, 2008 through 

the conclusion of the campaign. At least 

one PSA and one informative text crawl 

per day must be aired between 8 p.m. 

and 11 p.m. in the Atlantic, Eastern and 

Pacific time zones, and between 7 p.m. 

and 10 p.m. in the Mountain, Central, 

and Alaskan time zones. 

(2) For the purposes of this section, 

each broadcast day consists of four 

quarters; 6:01 a.m. to 12 p.m., 12:01 

p.m. to 6 p.m., 6:01 p.m. to 12 a.m., and 

12:01 a.m. to 6 a.m. 

(3) Informative text crawls must: 

(i) Air during programming; 

(ii) Air for no fewer than 60 

consecutive seconds; 

(iii) Be displayed so that the text 

travels across the bottom or top of the 

viewing area at the same speed used for 

other informative text crawls concerning 

news, sports, and entertainment 

information; 

(iv) Be presented in the same language 

as a majority of the programming carried 

by the station; 

(v) Be displayed so that they do not 

block and are not blocked by closedcaptioning or emergency information; 

and 

(vi) Contain at least the following 

information, but may contain more, 

provided they contain no misleading or 

inaccurate statements: 

(A) The nationwide switch to digital 

television broadcasting will be complete 

on June 12, 2009, but your local 

television stations may switch sooner. 

After the switch, analog-only television 

sets that receive TV programming 

through an antenna will need a 

converter box to continue to receive 

over-the-air TV. Watch your local 

stations to find out when they will turn 

off their analog signal and switch to 

digital-only broadcasting. Analog-only 

TVs should continue to work as before 

to receive low power, Class A or 

translator television stations and with 

cable and satellite TV services, gaming 

consoles, VCRs, DVD players, and 

similar products. 

(B) More information is available by 

phone and online, and provide 

appropriate contact information, 

including means of contacting the 

station or the network. 

(4) Public service announcements 

must have a duration of no fewer than 

15 consecutive seconds, and contain, at 

a minimum, the information described 

in paragraph (c)(3)(vi) of this section. 

They must also address the following 

topics at least once each during every 

calendar week: 

(i) The steps necessary for an overthe-air viewer or a subscriber to a 

multichannel video programming 

distributor to continue viewing the 

station after the transition; 

(ii) The channel on which the station 

can be viewed after the transition; 

(iii) Whether the station will be 

providing multiple streams of free video 

programming during or after the 

transition; 

(iv) Whether the station will be 

providing a High Definition signal 

during or after the transition; 

(v) The exact date and time that the 

station will cease analog broadcasting; 

and 

(vi) The exact date and time that the 

station will begin digital broadcasting 

on its post-transition channel, if it has 

not already done so. 

(d) Consumer Education Campaign 

Option Two: 

(1) A licensee or permittee must, at a 

minimum, air an average of sixteen (16) 

transition-related PSAs per week, and 

an average of sixteen (16) transitionrelated crawls, snipes, and/or tickers per 

week, over a calendar quarter. 

(2) For the purposes of calculating the 

average number of PSAs aired, a 30- 

second PSA qualifies as a single PSA, 

and two 15-second PSAs count as a 

single PSA. 

(3) PSAs, crawls, snipes, and/or 

tickers aired between the hours of 1 a.m. 

and 5 a.m. do not conform to the 

requirements of this section and will not 

count toward calculating the average 

number of transition-related education 

pieces aired. 

(4) Over the course of each calendar 

quarter, 25 percent of all PSAs, and 25 

percent of all crawls, snipes, and/or 

tickers, must air between 6 p.m. and 

11:35 p.m. (Atlantic, Eastern and Pacific 

time zones) or between 5 p.m. and 10:35 

p.m. (Mountain, Central, and Alaskan 

time zones). 

(5) Stations must air a 30-minute 

informational program on the digital 

television (DTV) transition between 8 

a.m.–11:35 p.m. on at least one day after 

April 1, 2009, and prior to the station’s 

termination of analog service. The 

program must contain at least the 

following information: 

(i) The fact that Congress has changed 

the deadline for the national DTV 

transition to June 12, 2009; 

(ii) The date and approximate time of 

day when the station airing the 

informational video is terminating 

analog service; 

(iii) The date and approximate time of 

day when all other full-power stations 

in the same market are terminating 

analog service; 

(iv) For stations covered by paragraph 

(b)(5) of this section, the same service 

loss information required by paragraph 

(b)(5) of this section. 

(6) Beginning on April 1, 2009, or 

sixty (60) days prior to the station’s 

termination of analog service, 

whichever is later, the station must 

begin a 60-Day Countdown to its 

transition to digital-only service. During 

this period, the station must air at least 

one of the following per day: 

(i) Graphic Display. A graphic superimposed during programming content 

that reminds viewers graphically there 

are ‘‘x number of days’’ until the 

transition. They will be visually 

instructed to call a toll-free number and/ 

or visit a Web site for details. The 


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11318 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 

duration must be at least five (5) 

seconds. 

(ii) Animated Graphic. A moving or 

animated graphic that ends up as a 

countdown reminder. It would remind 

viewers that there are ‘‘x number of 

days’’ until the transition. They will be 

visually instructed to call a toll-free 

number and/or visit a Web site for 

details. The duration must be at least 

five (5) seconds. 

(iii) Graphic and Audio Display. 

Option #1 or option #2 with an added 

audio component. The duration must be 

at least five (5) seconds. 

(iv) Longer Form Reminders. Stations 

can choose from a variety of longer form 

options to communicate the countdown 

message. Examples might include an 

‘‘Ask the Expert’’ segment where 

viewers can call in to a phone bank and 

ask knowledgeable people their 

questions about the transition. The 

duration must be at least two (2) 

minutes. (Some stations may also 

choose to include during newscasts 

DTV ‘‘experts’’ who may be asked 

questions by the anchor or reporter 

about the impending transition 

deadline.) 

(e) Consumer Education Campaign 

Option Three: 

(1) Only a licensee or permittee of a 

noncommercial television station may 

elect this option. Under this option, 

from March 27, 2008, through April 30, 

2008, a noncommercial broadcaster 

must, at a minimum, air 60 seconds per 

day of transition-related education 

(PSAs), in variable timeslots, including 

at least 7.5 minutes per month between 

6 p.m. and 12 a.m. From May 1, 2008, 

through October 31, 2008, a broadcaster 

must, at a minimum, air 120 seconds 

per day of transition-related education 

(PSAs), in variable timeslots, including 

at least 15 minutes per month between 

6 p.m. and 12 a.m. From November 1, 

2008, through the station’s termination 

of analog service, or, for stations subject 

to the provisions of paragraph (b)(4) of 

this section, until the station completes 

construction of its full, authorized posttransition digital facility, a broadcaster 

must, at a minimum, air 180 seconds 

per day of transition-related education 

(PSAs), in variable timeslots, including 

at least 22.5 minutes per month between 

6 p.m. and 12 a.m. 

(2) Noncommercial stations must air a 

30-minute informational program on the 

digital television (DTV) transition 

between 8 a.m.–11:35 p.m. on at least 

one day after April 1, 2009, and prior to 

the station’s termination of analog 

service. The program must contain at 

least the following information: 

(i) The fact that Congress has changed 

the deadline for the national DTV 

transition to June 12, 2009; 

(ii) The date and approximate time of 

day when the station airing the 

informational video is terminating 

analog service; 

(iii) The date and approximate time of 

day when all other full-power stations 

in the same market are terminating 

analog service; 

(iv) For stations covered by paragraph 

(b)(5) of this section, the same service 

loss information required by paragraph 

(b)(5) of this section. 

[FR Doc. E9–5820 Filed 3–13–09; 4:15 pm] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 356, 365, and 374 

[Docket No. FMCSA–2008–0235] 

RIN 2126–AB16 

Elimination of Route Designation 

Requirement for Motor Carriers 

Transporting Passengers Over Regular 

Routes 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule; delay of effective 

date and request for comments. 

SUMMARY: On March 3, 2009, FMCSA 

published a document in the Federal 

Register (74 FR 9172) requesting 

comments on its proposal to delay the 

effective date of its January 16, 2009, 

final rule entitled ‘‘Elimination of Route 

Designation Requirement for Motor 

Carriers Transporting Passengers over 

Regular Routes.’’ Based on the five 

comments received, all supporting the 

proposal to delay the effective date of 

the final rule, FMCSA is extending the 

effective date by 90 days, and seeks 

additional public comment on the 

rulemaking. The final rule announced 

the discontinuation of the 

administrative requirement that 

applicants seeking for-hire authority to 

transport passengers over regular routes 

submit a detailed description and a map 

of the route(s) over which they propose 

to operate. In response to the Assistant 

to the President and Chief of Staff’s 

memorandum of January 20, 2009, 

FMCSA extends the effective date to 

allow the Agency the opportunity for 

further review and consideration of the 

January 16, 2009, final rule and solicits 

public comments on the final rule. In 

order to afford sufficient time to 

consider and respond to comments, the 

effective date is extended for 90 days. 

DATES: Comments must be received on 

or before April 16, 2009. The effective 

date of the rule amending 49 CFR Parts 

356, 365, and 374, published at 74 FR 

2895, January 16, 2009, is delayed until 

June 15, 2009. The compliance date for 

this rule continues to be July 15, 2009. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Number in the 

heading of this document by any of the 

following methods. Do not submit the 

same comments by more than one 

method. The Federal eRulemaking 

portal is the preferred method for 

submitting comments, and we urge you 

to use it. 

Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. In the Comment or 

Submission section, type Docket ID 

Number ‘‘FMCSA–2008–0235’’, select 

‘‘Go’’, and then click on ‘‘Send a 

Comment or Submission.’’ You will 

receive a tracking number when you 

submit a comment. 

Telefax: 1–202–493–2251. 

Mail, Courier, or Hand-Deliver: 

Docket Management Facility; U.S. 

Department of Transportation, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590–0001. Office 

hours are between 9 a.m. and 5 p.m., 

e.t., Monday through Friday, except 

Federal holidays. 

Privacy Act: Regardless of the method 

used for submitting comments, all 

comments will be posted without 

change to the Federal Docket 

Management System (FDMS) at http:// 

www.regulations.gov. Anyone can 

search the electronic form of all our 

dockets in FDMS, by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). DOT’s complete Privacy 

Act Statement was published in the 

Federal Register on April 11, 2000 (65 

FR 19476) or you may visit http:// 

edocket.access.gpo.gov/2008/pdf/E8- 

785.pdf. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Miller, Regulatory Development 

Division, (202) 366–5370 or by e-mail at: 

FMCSAregs@dot.gov. 

SUPPLEMENTARY INFORMATION: On 

January 16, 2009, FMCSA published a 

final rule announcing the 

discontinuation of the administrative 

requirement that applicants seeking forhire authority to transport passengers 

over regular routes submit a detailed 

description and a map of the route(s) 

over which they propose to operate (74 


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