FCC commissioner also criticizes media coverage of ownership issues

By John Eggerton — Broadcasting & Cable, 11/3/2009 10:28:09 AM

FCC Commissioner Michael Copps took it to broadcasters again Tuesday, saying that if the FCC can’t rejuvenate shuttered newsrooms, put the brakes on “mind-numbing ‘monoprogramming’ and otherwise turn the tide (he calls it a “tsunami”), of consolidation, then “maybe those who want the spectrum back have the better of the argument after all.”

He was referring to calls from wireless and computer companies, and an FCC outreach to broadcasters, to reclaim some, or even all, of their spectrum for wireless broadband. Copps was delivering the opening statement at the FCC’s second of three hearings this week teeing up its 2010 quadrennial review of media ownership rules. He echoed some of the criticisms he leveled Monday in kicking off the quadrennial review, which is mandated by Congress. Copps complained that the first hearing Monday, which featured academics, was not well covered by the media. He said he did not see Tuesday’s press galleries teeming either, and wondered what was more important in town. He has criticized major media for under-covering the media ownership issue before. Copps argues that consolidation has only been slowed by the tanking economy, whose problems he ascribed to the kind of policies he has been complaining about in media for years. Copps laid into “financiers and see-no-evil regulators” who have made it harder for what he characterized as the thinning ranks of broadcasters still trying to serve the public interest. He said the FCC has been asleep at the switch when it wasn’t actually being destructive.

The FCC has divided up the panels into academics, public interest groups, and industry, with broadcasters getting the chance to tell their side of the story Wednesday (Nov. 4).

As previously reported, stations that have not yet completed construction or commenced operation of their final post-transition DTV facilities must continue the required general DTV Consumer Education Initiatives until they commence operation on their post-transition DTV facilities.  Such stations will be required to file another FCC Form 388 by October 10, 2009, providing the Commission with the details of the DTV Consumer initiatives that they performed between July 1 and September 30, 2009.   

By October 10, 2009,  those television stations, which completed construction and commenced operation with their post-transition final DTV facilities after June 30, 2009 or have not yet completed construction and commenced operation of their post-transition digital facility, are required to report on the DTV Education Initiatives undertaken in the months of July, August and September by electronically filing the FCC Form 388.  The FCC Form 388 is also required to be placed in the station’s public inspection file by October 10, 2009 and posted by that date to the station’s website, if it has one.  Details of the FCC’s DTV Consumer Education requirements can be found in our Advisory posted on our website by clicking the link below.  

Stations which completed construction of their fully-authorized, post-transition digital facilities  prior to June 30, 2009 were not required to continue with the general DTV Consumer Education announcements and are not required to submit any additional FCC Forms 388 after their July 10, 2009 filing.

Need assistance with a converter box, antenna or rescanning your TV? Call toll-free 1-866-961-2492. Our 24-hour call center will help you ensure you can watch your favorite channels after the June 12th transition.

For the majority of full-power stations, their on-air consumer obligations will terminate on June 12, 2009. However, stations that have not completed construction of their full authorized post-transition digital facility must 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.

This requirement for continued consumer education applies, for example, to stations that have received an extension of their construction permit beyond June 12, 2009, or are operating pursuant to a “phased transition” Special Temporary Authority 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.

These stations must revise the content of their educational messages to provide information about the limits on station’s digital service area and the anticipated date for it to complete construction and commence operation of its full, authorized post-transition digital facility.

Should you have questions, please contact your station counsel or call the NAB Legal department at (866) 682-0276.

And don’t forget, our call center is live 24-7 through the end of June. Viewers can call 1-866-961-2492 for assistance.

Geek Squad Provides Free DTV Converter Box Installation

to Unconverted Households in 31 States

WHAT:             The FCC has called upon the men and women of Geek Squad to insure that civilians are fully prepared for the June 12, 2009 DTV switch. The goal of the rapid response task force is for no one to see snow (aka static) on June 12.

                        Free of charge to the household, Geek Squad Home Theatre Installers will connect up to two of a household’s DTV converter boxes to existing broadcast antennas and analog TVs. In addition to the installation, Geek Squad Installers will:

·         adjust existing antennas

·         scan and rescan converter boxes to locate the maximum digital broadcast channels available

·         integrate an existing VCR

·         provide guidance on the operation of the converter box

WHY:                Approximately 3.3 million households nationwide are unprepared for the switch. The FCC needed backup and they knew who to call: Geek Squad. With technicians nationwide, Geek Squad is up for the task. Geek Squad has built a reputation of helping citizens navigate the digital world and they are honored to help. 

                        Unsure if your household needs a converter box? Check out more information at www.dtv.gov  or www.bestbuy.com/dtv.

WHEN:             Customers in the following 31 states can contact Geek Squad beginning today, Wednesday, May 27, through Tuesday, June 30, 2009:

·         Pacific: Arizona, California, Idaho, Nevada, Oregon, Utah, Washington

·         West Central: Colorado, Illinois, Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, North Dakota, South Dakota, Wisconsin, Wyoming

·         Northeast: Connecticut, Delaware, District of Columbia, Massachusetts, Maryland, Maine, New Hampshire, New York, New Jersey, Pennsylvania, Rhode Island, Vermont  

To request free converter box installation, qualified citizens may call the DTV conversion hotline at 877-BBY-DTV9 (877-229-3889) 8 a.m. – 11 p.m. CST daily.

WHO:               In these states, citizens who are unable to install the converter box they’ve purchased and who are within a Best Buy store service area can request free installation from Geek Squad.  With this program, the FCC is especially focused on reaching “at risk” households – low-income consumers, minority communities, non-English speaking consumers, senior citizens, consumers living in rural areas or on tribal lands, and consumers with disabilities. 

The Federal Communications Commission (FCC) recently released its latest set of Digital Television (DTV) transition rules for broadcast stations that have yet to terminate their analog signals. The Third Report and Order and Order on Reconsideration (Order) provided detailed consumer education, viewer notification mandates, and filing requirements for commercial and non-commercial stations that will be terminating their analog signal in the coming months.

The Order continues the FCC’s effort to provide updated rules that account for both the change in the national transition date – from February 17 to June 12 – and for the fact that hundreds of full-power stations have already completed their switch to digital TV. This summary, provided by NAB’s legal department, narrows the Order to its most salient requirements. However, we encourage stations, especially those stations that will be terminating analog service before June 12, to consult their station counsel to ensure they comply with all FCC requirements.

DTV Consumer Education Rules

• Stations that remain subject to consumer education requirements must be in compliance with new rules by April 1, 2009.
• Effective March 13, 2009, consumer education requirements no longer apply for stations that have terminated analog service, with some exceptions. For example, the following digital-only stations must still comply: (1) stations operating on a “phased transition” basis pursuant to special temporary authority; or (2) are not on their final facility/channel due to interference. For specific advice, please consult with your station counsel.
• All stations, regardless of whether they have terminated analog operations, must file a quarterly consumer education report on FCC Form 388 by April 10, 2009.
• Stations that are no longer required to engage in consumer education may note in their comment boxes that they ceased consumer education on March 13. For stations ending their consumer education campaigns in March, this will be the final FCC Form 388 filing.
• All other stations will continue to file consumer education reports on a quarterly basis. FCC Form 388 will be revised to reflect the new requirements discussed below.
• Click here for a comprehensive chart of the DTV consumer education rules.

Analog Service Terminations

A. For All Stations That Have Not Yet Terminated Analog Transmissions

• No commercial station will be allowed to terminate prior to April 16.
• However, some noncommercial educational stations may terminate before April 16, but not before March 27, if they can certify that they must terminate due to significant financial hardship.

B. For Stations That Will Terminate Analog Between April 16 and June 11

• Viewer Notification Requirements Apply
  • Stations that choose to terminate before June 12 must air viewer notifications for the 30 days prior to the planned termination date in accordance with the requirements set forth in the Third DTV Periodic Report and Order.
  • Viewer notifications are in addition to, and not lieu of, consumer education requirements explained in detail below.
  • Viewer notifications must air at least four times a day, including at least one in prime time and 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; (5) information about the availability of digital-to-analog converter boxes in their service area; and (6) the street address, email address (if available), and phone number of the station where viewers may register comments or request information.
• Analog Termination Notification is Binding. Once a station chooses a specific early termination date, it may not change that date to any other date prior to June 12. However, stations may at any time prior to five days before the elected termination date choose to delay the termination to June 12.

C. Special Rules Apply for Major Network Affiliates That Choose to Terminate Analog Before June 12

• The FCC deems major network affiliate stations – those that carry NBC, CBS, ABC and FOX network programming – to be particularly critical sources of local news and information.
• Major network affiliates that choose to terminate early must have included one of the following in their March 17 Analog Service Termination Notifications:
  • A certification that another major network affiliate will provide full analog service to at least 90 percent of the population in the station’s Grade B service area; OR
  • A certification that the station will comply with the special public interest conditions (detailed below); OR
  • A demonstration of extreme technical or financial difficulties by filing a showing of extraordinary exigent circumstances.
• For major network affiliates that cannot certify that at least one other major network affiliate will provide analog service that covers at least 90 percent of its analog Grade B contour, these special public interest conditions apply:
  • Stations must certify that viewers within at least 90 percent of the station’s Grade B contour will receive at least “enhanced nightlight” service on an analog channel from one station in the market, or some combination of “enhanced nightlight” and “full” analog service from a major network affiliate (an explanation of enhanced nightlight service appears below).
  • Stations must, alone or with other stations in the market, provide at least one location and sufficient staff for a consumer “walk-in” help center.
  • Stations must provide a local or toll-free consumer referral telephone number to the FCC, and must staff this number with personnel that can answer complex viewer questions, particularly about reception.
  • No later than 30 days prior to its analog termination, the station will provide the FCC with the following information: the address and operating hours of the “walk-in” help center, the phone number of and operating hours applicable to the consumer referral telephone number that the station will be relying on to meet these obligations, and the name and phone number of the station’s point of contact for these issues. This information was to be submitted by way of an update to the Analog Service Termination Notification that stations were required to file by March 17 informing the FCC of their analog termination date.
• The Order includes detailed requirements for the walk-in center. For major network affiliates that choose to terminate analog transmissions early, we encourage those stations to read the complete Order and consult with station counsel.

Other Issues

• DTS Deadline Extended: The FCC extended 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.
• Phased Transition STAs Extended from August 18 to October 18: Stations with phased transition special temporary authorizations (STA) have an additional two months – until October 18, 2009 – to complete their transition and operate at their full, authorized post-transition facilities. The FCC will consider further extensions on a case-by-case basis discussed further in the Order.
• FCC Form 387 must be updated no later than April 16, 2009.

The next FCC Form 388 DTV Quarterly Activity Station Report must be electronically filed via CDBS and placed in stations’ local public inspection files by April 10, 2009, reflecting information for the months of January, February, and March 2009. Read the Advisory.

They say the coupon progam is up and running again and “back on track.” Which “track” that is has yet to be determined. Since the program maxed out at $1.5 billion in January with 2 million people on a waiting list and many people claimed to not have received the coupon they ordered since January of 2008 in the first place, I’m not confident that $650 million dollars from the stimulus package with over 4 million people on a waiting list for a coupon already is smooth sailing.  Not to mention, you still have mass confusion over whether people need a converter box or not, the unknown number of coupons that were ordered for second or third sets in a home or the number of people that don’t really need a coupon but want to save money on a converter box and the issue of whether or not the number of converter boxes manufactured will meet the demand. In my opinion, this mess is far from over.  With only 98 days left before the new DTV Transition date of June 12, there’s still a lot of work to be done.

Here are the highlights: 

·        The FCC extended the period during which all stations must continue to broadcast DTV consumer education information to June   30, 2009. 

·        For Option Two broadcasters (NAB Plan) they must continue to broadcast 16 spots and 16 “crawls, snipes or tickers” each week, one fourth of which must run in prime time.  Stations will also have to begin running the 100-day countdown notices again at least once a day beginning March 4, 2009.  The FCC is asking for comments on modifying the 100-day countdown requirement.

·        Stations that broadcast the required 30-minute DTV instructional video before February 17 and which have already transitioned will not have to air another one. For stations which have not yet transitioned, the FCC asks for comment on whether it should require them to air an additional 30-minute program (include the new June 12 date) and whether that program should have to include information specifically about the particular station and market.

·        The FCC will require stations to keep filing the DTV education reports on Form 388 through second quarter 2009. The FCC made clear that it will step up its enforcement of the DTV education rules: “we emphasize that full compliance with each and every aspect of the consumer education campaign option selected is required.” 

Terminating Analog Service

·        Any notices filed by stations to date for termination of analog service between February 17 and June 12 are deemed invalid.

·        All stations must file a “binding notice” of their analog termination date by March 17, 2009. 

·        The FCC asked for comment on the procedures to follow for stations that want to terminate analog service before June 12.  It tentatively concluded that no station will be allowed to shut off analog service before April 16, 2009.

·        The FCC will treat affiliates of the top-4 networks seeking to terminate before June 12 differently from other stations. Affiliates seeking permission to terminate before June 12 must certify that (1) 90% of the analog viewers within a station’s Grade B contour will receive full analog service or “enhanced nightlight” service until June 12, and (2) it will comply with other public interest conditions.  Without that certification, affiliates must continue to provide analog service. The certification must specify the other stations that will provide the continuing analog service.The FCC also proposes that affiliates terminating before June 12 must broadcast on-air educational information including demonstrations of converter installation, antenna setup, etc., and describing areas that will lose service.  The FCC also proposes that they must provide local call-in assistance and “walk-in” centers, and on-air crawls. 

 ·        The FCC seeks comment on whether every station should be required to provide notice to viewers who will lose over-the-air service.  The FCC proposes that stations be required to air PSAs about service loss if 2% or more of their analog viewers are predicted to lose service as a result of changes in their coverage area (even if the station gains viewers elsewhere). The FCC says that it would not include stations where the losses are due only to a change from VHF to UHF.  The FCC asks if the PSAs must include references to specific communities, ZIP codes or neighborhoods, or whether stations should be required to show maps to demonstrate coverage changes.  The FCC also asks for comments on whether stations should be permitted or required to provide the information directly to viewers, perhaps through direct mail. 

·        The FCC also proposes that all stations be required to inform viewers of the need to rescan periodically.  It also asks if stations changing from VHF to UHF (or vice versa) should have to tell viewers about the need for different reception equipment.

  Post-transition Nightlight Program will run (June 13 to July 12), and will be the original service, limited to DTV education and emergency messages. The FCC has asked whether stations that run post-transition nightlight service should be exempt from other DTV education obligations from period between June 13 and June 30.

Form 387 All stations are required to update their Form 387 DTV “report cards” by April 16, 2009

By now I’m sure you’ve heard the Digital Television Transition has been delayed until June 12th. Well, kind of. There’s a provision that allows stations to switch early if they notify the FCC. So that means, if approved, some stations will terminate their analog signals as planned on February 17th, some prior to June and some on June 12th. As you can imagine, this is complicating an already difficult issue. A colleague from South Dakota sent this to me today and I had to laugh. Sometimes you just have to laugh or you may just lose your mind over these issues!

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