Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television, 5634-5704 [E8-1515]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 73, Number 20 (Wednesday, January 30, 2008)]
[Rules and Regulations]
[Pages 5634-5704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1515]



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Part II





Federal Communications Commission





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47 CFR Parts 15, 73 and 76



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Third Periodic Review of the Commission's Rules and Policies Affecting 
the Conversion to Digital Television; Final Rule

Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / 
Rules and Regulations

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 15, 73 and 76

[MB Docket No. 07-91; FCC 07-228]


Third Periodic Review of the Commission's Rules and Policies 
Affecting the Conversion to Digital Television

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document issues the final rules in the third periodic 
review of the transition of the nation's broadcast television system 
from analog to digital television. It provides a progress report on the 
DTV transition and issues the procedures and rule changes necessary to 
ensure that broadcasters timely complete their transitions. Congress 
has mandated that after February 17, 2009, full-power television 
broadcast stations must transmit only digital signals, and may no 
longer transmit analog signals. The rules in this document establish 
deadlines for broadcasters to complete construction of their final, 
post-transition (digital) facilities.

DATES: Effective January 30, 2008, except for Sections 73.682(d), 
73.8000(b)(2) and (4), and 73.9000(k), which are effective May 29, 2008 
and, except for the following sections which contain information 
collection requirements that have not been approved by OMB: Sections 
73.624(g) and 73.1201(b). The Commission will publish a document in the 
Federal Register announcing the effective date for these sections. The 
incorporation by reference of certain publications listed in Sections 
73.616(e)(1) and 73.8000(d) is approved by the Director of the Federal 
Register, as of January 30, 2008. The incorporation by reference of 
certain publications listed in Sections 73.682(d), 73.8000(b)(2) and 
(4), and 73.9000(k), is approved by the Director of the Federal 
Register, as of May 29, 2008.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. In addition to filing comments with the Office of 
the Secretary, a copy of any comments on the Paperwork Reduction Act 
information collection requirements contained herein should be 
submitted to Cathy Williams, Federal Communications Commission, 445 
12th Street, SW., Washington, DC 20554, or via the Internet to 
PRA@fcc.gov.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, please contact Evan Baranoff, Evan.Baranoff@fcc.gov, Eloise 
Gore, Eloise.Gore@fcc.gov, Kim Matthews, Kim.Matthews@fcc.gov, or 
Maureen McCarthy, Maureen.McCarthy@fcc.gov of the Media Bureau, Policy 
Division, (202) 418-2120; John Gabrysch, John.Gabrysch@fcc.gov, or 
Gordon Godfrey, Gordon.Godfrey@fcc.gov, of the Engineering Division, 
Media Bureau at (202) 418-7000; or Shaun Maher, Shaun.Maher@fcc.gov, or 
Nazifa Sawez, Nazifa.Sawez@fcc.gov, of the Media Bureau, Video 
Division, (202) 418-1600.
    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 Report 
and Order, FCC 07-228, adopted on December 22, 2007, and released on 
December 31, 2007. 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 (https://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).

Final Paperwork Reduction Act (``PRA'') Analysis

    This Report and Order has been analyzed with respect to the 
Paperwork Reduction Act of 1995 (``PRA''), and contains new and 
modified information collection requirements for full-power television 
broadcast stations, including the following: (1) Stations must file 
forms no later than February 18, 2008 detailing their transition plans 
and status (using FCC Form 387) and must update this form as events 
warrant and by October 20, 2008 if they have not completed 
construction; (2) Stations without a construction permit for their 
final, post-transition (DTV) facility must file an application to 
construct or modify that facility (using FCC Forms 301 and 340), 
stations without a license for their final, post-transition (DTV) 
facility must file an application for a license to cover that facility 
(using FCC Form 302 DTV), and stations may request authority to 
transition early to their post-transition channel (also using FCC Forms 
301 and 340); (3) Stations with a construction deadline on or before 
February 17, 2009 may file a request for an extension of time to 
construct their final, post-transition (DTV) facility (using FCC Form 
337); (4) Stations with a construction deadline occurring February 18, 
2009 or later may file a notification of an event that would toll their 
deadline to construct their final, post-transition (DTV) facility 
(using FCC Informal Application Form); (5) Stations may file a request 
for STA approval to temporarily remain on their in-core pre-transition 
DTV channel after the transition date (using FCC Informal Application 
Form); (6) Stations may file a request for STA approval to build less 
than full, authorized post-transition facility by the transition date 
(using FCC Informal Application Form); (7) Stations may file a 
notification pursuant to section 73.1615 to temporarily reduce or cease 
existing analog or pre-transition DTV service where necessary to 
facilitate construction of final, post-transition facilities (using FCC 
Informal Application Form); (8) Stations may file a request for STA 
approval to permanently reduce or terminate analog or pre-transition 
DTV service where necessary to facilitate construction of final, post-
transition facilities (using FCC Informal Application Form); (9) 
Stations may file a notification to permanently reduce or terminate 
analog or pre-transition DTV service within 90 days of the transition 
date (using FCC Informal Application Form); (10) Stations must comply 
with the PSIP requirement to populate the Event Information Tables 
(``EITs'') with accurate information about each event and to update the 
EIT if more accurate information becomes available; (11) Stations must 
comply with the station identification rules that require a DTV station 
which chooses to identify a licensee that it is transmitting on one of 
its multicast streams to follow a specific format for making such a 
station identification announcement; (12) Stations must comply with a 
viewer notification requirement (i.e., stations must notify viewers 
about their planned service reduction or termination) if: (a) They will 
permanently reduce or terminate analog or pre-transition digital

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service before the transition date, or (b) they will not serve at least 
the same population that receives their current analog TV and DTV 
service on February 18, 2009; (13) Stations claiming a ``unique 
technical challenge'' warranting a February 17, 2009 construction 
deadline must file a notification to document their status (using FCC 
Informal Application Form), if they do not file, or do not include such 
information in, an application for post-transition facilities (Forms 
301 or 340); and (14) DTV stations that are permittees must comply with 
the requirements for feeable ancillary or supplementary services in 47 
CFR 73.624(g) (using FCC Form 317).
    The Commission, as part of its continuing effort to reduce 
paperwork burdens, invited the Office of Management and Budget 
(``OMB'') and the general public to comment on the information 
collection requirements contained in the Third DTV Periodic Review 
NPRM. On June 22, 2007, the Commission submitted the proposed 
information collection requirements to OMB for review under section 
3507(d) of the PRA. On July 9, 2007, the Commission published a Federal 
Register notice addressing the burdens contained in the proposed 
information collection requirements and seeking comments from the 
public. On August 15, 2007, OMB issued a Notice of Action and filed 
comments to each of these proposed information collection requirements. 
No other comments were filed with respect to these proposed 
collections. We note that some of the collections remain unchanged from 
when they were previously published in the Federal Register and 
submitted to OMB, while others that were submitted have been slightly 
revised, with such changes being largely procedural in nature (e.g., 
filing date change, method of filing, etc.). In addition to the 
collections proposed in the Third DTV Periodic Review NPRM, this Report 
and Order also contains additional new or modified information 
collection requirements. Finally, we also note that, pursuant to the 
Small Business Paperwork Relief Act of 2002 (``SBPRA''), the Commission 
sought specific comment in the Third DTV Periodic Review NPRM on how it 
might ``further reduce the information collection burden for small 
business concerns with fewer than 25 employees.'' We received no 
comment on this issue.
    The information collection requirements adopted in this Report and 
Order will be submitted to OMB for final review under section 3507(d) 
of the PRA, and OMB and the public will be afforded an opportunity to 
file comments on these final information collections. The Commission 
will seek emergency approval from OMB for Items 1-3 (noted above in 
paragraph 193) based, in part, on the prior submission for OMB approval 
of these information collection requirements. The Commission will 
publish a Federal Register notice addressing the burdens contained in 
each final information collection adopted in this proceeding. The 
Commission will also publish a separate notice seeking comments from 
the public and OMB on the final information collection requirements.

Summary of the Report and Order

I. Introduction

    1. Congress has mandated that after February 17, 2009, full-power 
television broadcast stations must transmit only digital signals and 
may no longer transmit analog signals. (See Digital Television and 
Public Safety Act of 2005 (``DTV Act''), which is Title III of the 
Deficit Reduction Act of 2005, Pub. L. No. 109-171, 120 Stat. 4 (2006) 
(``DRA'') (codified at 47 U.S.C. 309(j)(14) and 337(e)). DTV Act 
Section 3002(a) amends Section 309(j)(14) of the Communications Act to 
establish February 17, 2009 as a new hard deadline for the end of 
analog transmissions by full-power stations. 47 U.S.C. 309(j)(14)(A). 
DTV Act Section 3002(b) directs 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 February 18, 2009; and (2) to require by 
February 18, 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.A 309 Note. DTV Act Section 
3005(a) also created a coupon program to subsidize the purchase of 
digital-to-analog (``D-to-A'') converter boxes.) With this Report and 
Order in our third periodic review, we resolve issues necessary to 
complete the conversion of the nation's broadcast television system 
from analog to digital television (``DTV''). We conduct these periodic 
reviews in order to assess the progress of the transition and make any 
necessary adjustments to the Commission's rules and policies to 
facilitate the introduction of DTV service and the recovery of spectrum 
at the end of the transition. (The Commission has conducted two prior 
periodic reviews: the first in MM Docket No. 00-39 and the second in MB 
Docket No. 03-15.) In the Notice of Proposed Rulemaking in this third 
periodic review (Third DTV Periodic Review NPRM, 72 FR 37310, July 9, 
2007), we sought comment on several issues necessary to ensure that 
broadcasters meet the statutory transition deadline and complete 
construction of their final, post-transition (digital) facilities. We 
received 125 comments, 22 reply comments, and numerous ex parte filings 
in response to the Third DTV Periodic Review NPRM.
    2. With the DTV transition deadline less than 14 months away, our 
focus is now on overseeing broadcasters' construction of facilities 
that will reach viewers in their authorized service areas by the time 
they must cease broadcasting in analog. Specifically, this Report and 
Order adopts rules to ensure that broadcasters meet their statutory 
responsibilities and can begin operations on their final, post-
transition (digital) channels upon expiration of the February 17, 2009 
transition deadline. We want to ensure that no consumers are left 
behind in the DTV transition. We recognize that the transition is a 
complex undertaking presenting many challenges to the broadcast 
industry and that some disruption of television service may be 
unavoidable leading up to the analog turn-off. Therefore, we adopt 
rules to offer broadcasters regulatory flexibility, while at the same 
time requiring broadcasters to maintain the best possible television 
service to the public and meet viewers' over-the-air reception 
expectations after the transition date. (We note that the statutory 
transition deadline applies only to full-power stations. The transition 
timing for low power, translator and Class A stations will be addressed 
in a separate proceeding.)

II. Executive Summary

    3. In this Report and Order in our third periodic review, we (1) 
provide a progress report on the transition; (2) describe the status 
and readiness of stations to complete their transition; (3) adopt 
procedures and rule changes necessary to ensure that broadcasters meet 
the statutory transition deadline and complete construction of their 
final, post-transition facilities while maintaining the best possible 
television service to their viewers; and (4) address other issues 
related to the transition. Stations face many challenges in order to be 
ready to make their transition by the February 17, 2009 statutory 
transition deadline. Stations must focus their full attention on 
constructing their final digital facilities before they must

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cease analog operations. In this Report and Order, we take the 
following actions to facilitate the completion of the transition for 
full-power television stations:
     We establish February 17, 2009 as the construction 
deadline for stations building digital facilities based on a new 
channel allotment in the post-transition DTV Table of Allotments (``DTV 
Table'') and accompanying Appendix B (``DTV Table Appendix B''), i.e., 
stations that will be returning to their analog channel or moving to a 
new digital channel for post-transition operations. These stations will 
not be required to construct a digital facility on their pre-transition 
DTV channel and will be permitted to forego further construction to the 
extent such a facility has been partially built. (The details of each 
station's channel assignment, including technical facilities and 
predicted service and interference information, are set forth in the 
DTV Table Appendix B. 47 CFR 73.622(i) codifies the post-transition DTV 
Table). The Commission proposed channel assignments and reference 
facilities for stations' post-transition operations in a 2006 Notice of 
Proposed Rule Making in MB Docket No. 87-268.
     We establish May 18, 2008 as the construction deadline for 
stations that will use their pre-transition DTV channel for post-
transition operations and already have a construction permit that 
matches their post-transition (DTV Table Appendix B) facilities.
     We establish August 18, 2008 as the construction deadline 
for stations that will use their pre-transition DTV channel for post-
transition operations, but which do not have a construction permit that 
matches their post-transition (DTV Table Appendix B) facilities.
     We establish February 17, 2009 as the construction 
deadline for stations demonstrating that a unique technical challenge, 
such as the need to reposition a side-mounted antenna, prevents them 
from completing construction of their final DTV facilities.
     We establish stricter standards for granting extensions of 
time to construct digital facilities for all construction deadlines on 
or before February 17, 2009. In addition, for construction deadlines 
occurring February 18, 2009 or later, we will consider such requests 
under the tolling standard set forth in section 73.3598(b) of the 
rules. We adopt our revised FCC Form 337, as proposed.
     We adopt FCC Form 387 and require all full-power 
television stations to file it by February 18, 2008, detailing their 
current transition status, additional steps necessary for digital-only 
operation upon expiration of the February 17, 2009 transition deadline, 
and a timeline for making those steps. Stations must update the form as 
events warrant and by October 20, 2008 if they have not completed 
construction.
     We will permit stations that are moving to a different DTV 
channel for post-transition operations to temporarily remain on their 
pre-transition DTV channel while they complete construction of their 
final digital facilities, provided: (1) They build facilities that 
serve at least the same population that receives their current analog 
TV and DTV service so that over-the-air viewers will not lose TV 
service; and (2) they do not cause impermissible interference to other 
stations or prevent other stations from making their transition.
     We will permit stations to operate their post-transition 
facilities, pursuant to special temporary authority (``STA''), at less 
than their full, authorized facilities, provided: (1) They demonstrate 
a unique technical challenge (as defined in section V.B.5., infra) and 
they can 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 herein and they 
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. In addition, stations must demonstrate that they do 
not cause impermissible interference to other stations or prevent other 
stations from making their transition. Finally, stations that cannot 
serve at least 100 percent of the same population that receives their 
current analog TV and DTV service must comply with a viewer 
notification requirement.
     We clarify that, under existing rules, a station may 
temporarily reduce or cease service on their pre-transition analog or 
digital channel for a period of 30 days or less, upon notification to 
the Commission and without prior approval, when necessary to complete 
construction of the post-transition digital facility.
     We will provide stations with the flexibility to 
permanently reduce or terminate their analog or pre-transition digital 
service before the transition date, provided the station satisfies the 
following two requirements: (1) The station demonstrates that its 
service reduction or termination is directly related to the 
construction and operation of its, or another station's, post-
transition facilities; and (2) the station notifies viewers on its pre-
transition channel(s) about the planned service reduction or 
termination and informs them about how they can continue to receive the 
station.
     To provide additional flexibility within 90 days of the 
February 17, 2009 transition date (i.e., beginning on or after November 
19, 2008), we will allow stations to permanently reduce or terminate 
their analog or pre-transition digital service without prior approval 
upon notification to the Commission 30 days prior to the planned 
permanent service reduction or termination. The station must still 
comply with a viewer notification requirement.
     We will permit stations that are moving to a different DTV 
channel for post-transition operations to cease operations on their 
pre-transition digital channels and begin operating on their new 
channels before the transition date, provided: (1) The early 
transitioning stations will not cause impermissible interference to 
another station; and (2) the early transitioning stations continue to 
serve their existing viewers for the remainder of the transition and 
commence their full, authorized post-transition operations upon 
expiration of the February 17, 2009 transition deadline.
     We will offer expedited processing of stations' 
applications to build their post-transition facilities, provided that 
their application: (1) Does not seek to expand the station's facilities 
beyond its final DTV Table Appendix B facilities; (2) specifies 
facilities that are no more than five percent smaller than those 
specified in the post-transition DTV Table Appendix B (with respect to 
predicted population); and (3) is filed within 45 days of the effective 
date of this Report and Order. We adopt our revised FCC Forms 301 and 
340, as proposed.
     We announce our intent to lift the freeze on the filing of 
maximization applications on August 17, 2008, the date by which we 
expect to have completed processing stations' applications to build 
their post-transition facilities. Until this date, we will maintain our 
freeze and will not accept maximization applications to expand 
facilities.
     We adopt a waiver policy that will permit rapid approval 
of minor (i.e., not exceeding 5 miles) expansion applications filed by 
stations that will not use their pre-transition DTV channel for post-
transition operation. This policy will allow added flexibility for 
stations that wish to use their existing analog channel antenna, which 
provides

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benefits for the successful completion of the transition by reducing 
the demands on equipment suppliers and installation crews during a 
critical time as the transition date nears.
     We adopt a 0.5 percent new interference standard (i.e., 
only considering interference in addition to that contained in the 
post-transition DTV Table Appendix B) to apply to applications for 
post-transition facilities and also to future maximization applications 
and applications to implement new allotments.
     We update the Commission's rules to reflect the latest 
revisions to the ATSC standards concerning DTV transmission and PSIP.
     We revise section 73.624(g) to require DTV stations that 
are permittees operating pursuant to an STA or any other FCC instrument 
authorizing DTV transmissions to file FCC Form 317 and pay fees on any 
revenue derived from feeable ancillary or supplementary services in the 
same way required of DTV licensees.
     We clarify our station identification requirements for 
digital stations in situations where one of a station's multicast 
streams is being used to air programming provided by another broadcast 
station, such as a low power station, or another programming source.
     We discuss MVPDs' obligations with respect to carriage of 
digital stations after the transition.

III. Background

    4. Congress specifically requires the Commission to periodically 
evaluate the progress of the nation's transition to DTV. The Commission 
initiated this third DTV periodic review in April 2007. The previous 
two DTV periodic reviews began in March 2000 and January 2003, 
respectively. In addition to these periodic reviews, the Commission 
conducts the ongoing DTV proceeding, in which we recently established 
the DTV Table of Allotments for stations' post-transition operations 
(``post-transition DTV Table''). (See 47 CFR 73.622(i), which codifies 
the post-transition DTV Table. The Commission proposed the post-
transition DTV Table in the October 2006 of Proposed Rulemaking 
(Seventh FNPRM). The Commission established the initial DTV Table of 
Allotments in 1997. The details of each station's channel assignment 
under the initial DTV Table, including technical facilities and 
predicted service and interference information, were set forth in the 
initial Appendix B of the Sixth Report and Order (``initial Appendix 
B''). See Sixth Report and Order. The initial Appendix B was amended in 
1998. Simultaneous with the adoption of the Sixth Report and Order, the 
Commission announced DTV channel assignments for eligible licensees in 
the Fifth Report and Order in the same docket.).

A. DTV Transition

    5. In early 2006, Congress enacted significant statutory changes to 
the DTV transition in the DTV Act. Most importantly, it set February 
17, 2009, as the date certain for the end of the DTV transition, at 
which time all full-power television broadcast stations must cease 
their analog transmissions. (See 47 U.S.C. 309(j)(14) (``A full-power 
television broadcast license that authorizes analog television service 
may not be renewed to authorize such service for a period that extends 
beyond February 17, 2009.''). See also 47 U.S.C. 337(e).) The DTV Act 
does not provide for waivers or extensions of this deadline for 
cessation of analog broadcasts. (Previously, 47 U.S.C. 309(j)(14) 
provided an exception to the earlier December 31, 2006 transition 
deadline under several market-by-market criteria. 47 U.S.C. 
309(j)(14)(B) (2005). Congress eliminated the statutory provisions 
authorizing market-specific extensions of the DTV transition, including 
the 85 percent benchmark for DTV reception. This new hard deadline 
obviates the need for any further discussion of how to interpret and 
implement the former Section 309(j)(14)(B) of the Act, an issue 
previously deferred by the Second DTV Periodic Report and Order, 69 FR 
59500, October 4, 2004.) The DTV Act also requires broadcast licensees 
to cease operations outside the core spectrum after February 17, 2009 
in order to make that spectrum available for public safety and 
commercial wireless uses. All full-power TV broadcast stations must be 
operating inside the core TV spectrum and only in digital at the end of 
the transition on February 17, 2009.
    6. In April 2007, the Commission initiated this third periodic 
review of the nation's conversion from analog to DTV broadcasting. The 
Commission sought comment on a range of proposals intended to ensure 
that broadcasters meet their statutory responsibilities and can begin 
operations on their final, post-transition (digital) channels upon 
expiration of the February 17, 2009 transition deadline. The Commission 
made a number of proposals regarding the procedures and standards 
applicants must follow in filing applications for facilities specified 
in the final, post-transition DTV Table of Allotments (``DTV Table'').
    7. Development of DTV Table. In the 2004 Second DTV Periodic Report 
and Order, the Commission established a three-round channel-election 
process through which eligible broadcast licensees and permittees 
(collectively, ``licensees'') selected their post-transition channels 
inside the core TV spectrum (i.e., channels 2-51). (The Commission 
received 11 petitions for reconsideration of the Second DTV Periodic 
Report and Order, raising a number of issues, most of which have been 
rendered moot by the completion of the channel election process.) At 
the start of this process, licensees proposed their post-transition 
facilities. (In November 2004, licensees filed certifications via FCC 
Form 381 in order to define their proposed post-transition facilities. 
In these certifications, licensees chose whether to (1) replicate their 
allotted facilities, (2) maximize to their currently authorized 
facilities, or (3) reduce to a currently authorized smaller facility). 
Stations that did not submit certification forms by the deadline were 
evaluated based on replication facilities. After each channel election 
round, the Commission announced proposed post-transition channels--
called tentative channel designations (``TCDs''). In order to 
facilitate the development of a final, post-transition DTV Table, the 
Media Bureau announced a freeze on the filing of certain requests for 
allotment or service area changes. (The freeze, which was imposed on 
August 3, 2004--prior to the commencement of the channel election 
process, precludes parties from filing the following items: (i) 
Petitions for rulemaking to change DTV channels within the current DTV 
Table, (ii) petitions for rulemaking to establish a new DTV channel 
allotment, (iii) petitions for rulemaking to swap in-core DTV and NTSC 
channels; (iv) applications to change DTV channel allotments among two 
or more licensees; (v) petitions for rulemaking by licensees/permittees 
to change NTSC channels or communities of license; (vi) applications to 
maximize DTV or analog TV facilities; and (vii) certain Class A 
television station applications. The freeze does not prevent the 
processing of pending applications.) The Commission has maintained the 
filing freeze to ensure that each station has an opportunity to apply 
for and construct its authorized facility. (In the Seventh Report and 
Order, 72 FR 54720, September 26, 2007, we denied seven requests of 
stations seeking a waiver of the filing freeze, except for one station 
which demonstrated unique circumstances.)
    8. The channel election process culminated in the adoption of the 
post-

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transition DTV Table in the August 2007 Seventh Report and Order. 
(Approximately 123 stations have filed petitions for reconsideration of 
the Seventh Report and Order, which remain pending. Most of the 
Petitions request changes to facilities previously certified. These 
requests will be addressed in a separate Order of Reconsideration after 
the conclusion of the period for oppositions and responses. In the 
Eighth Further Notice of Proposed Rulemaking (Eighth FNPRM) 72 FR 
54720, September 26, 2007, which accompanied the Seventh Report and 
Order, the Commission announced TCDs for three new permittees that 
recently attained permittee status and also considered requests for 
substantive modifications to the post-transition DTV Table which were 
made after the close of the comment period for the Seventh FNPRM. 
Comments on these proposed changes to DTV Table in the Eighth FNPRM 
were due Oct. 10, 2007 and replies were due Oct. 25, 2007). The post-
transition DTV Table provides eligible stations channels for post-
transition operations inside the core TV spectrum and is the result of 
informed decisions made by eligible licensees during the Commission's 
channel election process, as well as the Commission's efforts to 
promote overall spectrum efficiency and ensure that broadcasters 
provide the best possible service to the public, including service to 
local communities. The post-transition DTV Table will ultimately 
replace the current (pre-transition) DTV Table at the end of the 
transition; however, we note that, in certain defined circumstances, 
stations may be permitted to temporarily remain on their pre-transition 
DTV channel after the transition date. (As explained below in Section 
V.B.7.a., some stations will be permitted to use their pre-transition 
DTV channel, temporarily, after the February 17, 2009 transition date. 
The current NTSC Table, which is contained in 47 CFR 73.606(b), will 
become obsolete at the end of the transition, when all full-power 
analog operations must cease. We anticipate initiating another 
proceeding to address these and other ``clean-up'' changes to our rules 
to eliminate outdated references to analog and out-of-core operations.)
    9. Approximately 123 Petitions for Reconsideration of the Seventh 
Report and Order were filed by October 26, 2007, the close of the 
pleading cycle, representing approximately 200 stations, most of them 
requesting changes to their Appendix B facilities to accommodate their 
preference to use their existing analog antenna when they return to 
their analog channel for post-transition digital operation. (We 
addressed and resolved 30 similar requests that were raised during the 
comment period for the Seventh Report and Order, and we will address 
these additional requests on reconsideration.) In addition, we have 
received several Petitions for Reconsideration filed after the 30-day 
statutory deadline. Moreover, we recognize that not all stations that 
may want to revise their Appendix B facilities to assure that they will 
be permitted to continue serving their analog viewers with their post-
transition digital facility have filed Petitions for Reconsideration, 
and that not all of those stations that have failed to file petitions 
can be, alternatively, fully addressed through the application process 
adopted in this Report and Order. Therefore, in light of the urgent 
need to finalize post-transition facilities so that all full power 
stations can complete the transition by February 17, 2009, we delegate 
to the Media Bureau the authority to amend the DTV Table of Allotments 
and Appendix B to the DTV Table of Allotments as needed up to the full 
power transition deadline. Such proceedings at the Bureau level may be 
expedited as necessary, including being conducted without notice and 
comment where good cause is found because the requested change does not 
adversely affect any other station's post-transition operations. (See 5 
U.S.C. 553(b)(3)(B) (allowing for implementation without notice and 
comment if good cause exists where ``notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest''). Where any requested change to the Table or Appendix may 
affect another station's operations, we expect the Bureau to issue an 
NPRM and provide an opportunity for public comment. Stations should 
file in Docket No. 87-268 when seeking a correction to Appendix B.)
    10. Reclamation of the 700 MHz Bands. As a result of the DTV 
transition, 108 megahertz of spectrum in the 700 MHz Band (TV Channels 
52-69) will be made available for critically important public safety 
needs and new wireless services. In passing the DTV Act, Congress 
directed the Commission to commence the auction of recovered analog 
broadcast spectrum no later than January 28, 2008, and deposit the 
proceeds of the auction in the Digital Television Transition and Public 
Safety Fund no later than June 30, 2008. Accordingly, in April 2007, we 
made changes to the 700 MHz band plan to enable public safety entities 
to use wireless broadband technology and prepare for the auction of the 
remaining spectrum in that band. Furthermore, in July 2007, we 
specifically redesignated 10 megahertz of public safety 700 MHz 
spectrum (763-768/793-798 MHz) for the purpose of establishing a 
nationwide, interoperable broadband public safety communications 
network. The Wireless Telecommunications Bureau has scheduled the 
auction of the remaining commercial spectrum of the 700 MHz Band on 
January 24, 2008.
    11. Prior to the DTV Act, the Commission reallocated the 700 MHz 
Band in separate proceedings, first for the 60 megahertz covering TV 
Channels 60-69 (``Upper 700 MHz Band'') and then for the 48 megahertz 
covering TV Channels 52-59 (``Lower 700 MHz Band''). In the Balanced 
Budget Act of 1997 (``Balanced Budget Act''), Congress specifically 
directed that the allocation of the Upper 700 MHz Band include 24 
megahertz of spectrum for public safety and 36 megahertz for commercial 
services. Accordingly, the Commission divided the Upper 700 MHz Band to 
include a 24-megahertz allocation for public safety use, and a 36-
megahertz allocation for commercial use, of which 6 megahertz comprised 
the Guard Bands spectrum. With regard to the Lower 700 MHz Band, 
Congress also directed that the Commission ``reclaim and organize'' 
spectrum beyond that in the Upper 700 MHz Band, ``in a manner 
consistent with the objectives'' of Section 309(j)(3) of the Act. While 
Congress did not direct the amount of spectrum to be reclaimed, the 
Commission determined that all broadcasters using digital transmission 
systems could be accommodated in the core TV spectrum (i.e., TV 
Channels 2-51). As a result, the 48 megahertz of spectrum in the Lower 
700 MHz Band (698-746 MHz) would become available for new services 
through competitive bidding. (The Commission stated that expanding the 
DTV core spectrum would permit recovery of 108 megahertz of spectrum at 
the end of the DTV transition period.)

B. DTV Construction Deadlines

    12. In 1997, the Commission adopted a DTV construction schedule 
that provided for varying construction deadlines based on the size of 
the market and type of station, with all stations required to construct 
by May 1, 2003. (Under this schedule, television stations in the 10 
largest TV markets and affiliated with the top four television networks 
(ABC, CBS, Fox, and NBC) were required to build DTV facilities by May 
1, 1999. Stations affiliated with those networks in

[[Page 5639]]

television markets 11 through 30 were required to construct their DTV 
facilities by November 1, 1999. All other commercial stations were 
required to construct their DTV facilities by May 1, 2002, and all 
noncommercial stations were to have constructed their DTV facilities by 
May 1, 2003. 47 CFR 73.624(d)(1).) In the 2004 Second DTV Periodic 
Report and Order, the Commission established two deadlines by which 
stations were expected to either replicate or maximize DTV service on 
their current (pre-transition) DTV channel or lose interference 
protection to the unserved areas on that channel. By July 1, 2005, top-
four network affiliates in the top 100 markets were required to fully 
replicate or maximize if they will remain on their DTV channel after 
the transition. If these stations were to move to another channel post-
transition, they were required to serve at least 100 percent of their 
replication service population by July 1, 2005. By July 1, 2006, all 
other stations were required to fully replicate and maximize if they 
were to remain on their current DTV channel after the transition. If 
they were to move to another channel post-transition, they were 
required to serve at least 80 percent of their replication service 
population by July 1, 2006. The Commission stated that stations that 
met the applicable ``use-or-lose'' deadline and that are going to move 
to a different channel after the transition would be permitted to carry 
over their authorized maximized areas to their new channels. In 
addition, these ``use-or-lose'' replication/maximization deadlines 
became the new deadlines for stations operating temporary DTV 
facilities pursuant to STA to complete construction of their licensed 
DTV facilities. (In 2001, the Commission temporarily deferred (until 
the Second DTV Periodic Review) the establishment of construction 
deadlines for these stations, provided they constructed initial DTV 
facilities designed to serve at least their communities of license.) 
Approximately 80 percent of the stations in each of these categories 
met their respective deadlines.
    13. In the Second DTV Periodic Report and Order, the Commission 
also noted that certain stations had not yet been granted an initial 
DTV construction permit. The Commission required that, by August 4, 
2005, all such stations construct and operate ``checklist'' facilities 
that conform to the parameters of the DTV Table and other key 
processing requirements. The Commission stated that it would consider 
requests for waiver of the August 4, 2005 deadline on a case-by-case 
basis, using the criteria for extension of DTV construction deadlines. 
(``Checklist'' facilities have power and antenna height equal to or 
less than those specified in the DTV Table and are located within a 
specified minimum distance from the reference coordinates specified in 
the DTV Table. Because these facilities comply with the interference 
requirements specified in the rules, no further consideration of 
interference is required. In addition, because the DTV Table was 
coordinated with Canada and Mexico, ``checklist'' facilities generally 
did not require further international coordination.)
    14. In 2007, the Commission in the Construction Deadline Extension 
Order and the Use or Lose Order addressed applications filed by 
stations for extensions of time to construct DTV facilities and/or 
waivers of the deadline by which stations must build DTV facilities in 
order to retain the ability to carry over interference protection to 
their post-transition channel (so-called ``use or lose'' waivers). In 
the Construction Deadline Extension Order, the Commission considered 
145 requests for an extension of time to construct a DTV facility. (The 
Commission granted 140 of these extension requests, 110 of which were 
to stations remaining on their current DTV channel for post-transition 
use.) For 107 stations whose pre-transition DTV channel is the same as 
their post-transition channel, the Commission granted these 
applications and gave these stations until November 18, 2007, in which 
to complete construction. For 29 stations whose pre-transition DTV 
channel is different from their post-transition channel, the Commission 
granted these applications and gave these stations until 30 days after 
the effective date of the amendments to section 73.624(d) of the rules 
adopted in the Report and Order in this Third DTV Periodic Review 
proceeding in which to complete construction. (As discussed in the 
Third DTV Periodic Review NPRM, at para. 73, the Commission also 
granted CP extensions until February 17, 2009 to four stations, facing 
unique technical challenges (e.g., side-mounted/top-mounted antenna-
related issues) preventing them from completing construction of their 
DTV facilities. As discussed in the Third DTV Periodic Review NPRM at 
para. 77, the Commission denied the extension requests of five 
stations: Two of which met their DTV construction obligations and were 
permitted to continue to operate their licensed facilities, while the 
other three stations were admonished for failing to meet their DTV 
construction obligations. In the Use or Lose Order, the Commission 
considered 192 requests for waiver of the ``use or lose'' deadlines. 
The Commission granted 185 of these ``use-or-lose'' waiver requests, 
130 of which were to stations remaining on their current DTV channel 
for post-transition use. The Use or Lose Order was adopted 
simultaneously with the Construction Deadline Extension Order.) For 102 
stations whose pre-transition DTV channel is the same as the station's 
post-transition DTV channel, the Commission granted these stations a 
waiver and gave them until November 18, 2007, to meet the ``use or 
lose'' deadline. (The Commission granted these applications an 
additional six months from the release date of the Use or Lose Order in 
which to complete construction.) For 38 stations whose pre-transition 
DTV channel is different from the station's post-transition channel, 
the Commission granted these stations a waiver and gave them until 30 
days after the effective date of the amendments to section 73.624(d) of 
the rules adopted in the Report and Order in this Third DTV Periodic 
Review proceeding in which to complete construction. (As discussed in 
the Third DTV Periodic Review NPRM, at para. 73, the Commission also 
granted 45 stations, facing unique technical challenges (e.g., side-
mounted antenna-related issues) preventing them from meeting the 
applicable replication/maximization requirements, ``use or lose'' 
waivers and CP extensions until February 17, 2009. As discussed in the 
Third DTV Periodic Review NPRM, at para. 78, the Commission denied the 
``use or lose'' waiver requests of seven stations. As discussed in the 
Third DTV Periodic Review NPRM, para. 75, the Commission granted 10 
stations their requests for waiver of the ``checklist'' deadline (the 
August 4, 2005 deadline established for all television stations to 
construct and operate ``checklist'' DTV facilities).) In both of these 
orders, the Commission reminded stations that the hard deadline for 
termination of analog TV service prevents consideration of any request 
for extension of full-power analog TV service beyond that date. The 
Commission advised stations given an extension or waiver to utilize 
this time to take all steps possible to complete construction as 
further extension or waiver requests may be evaluated under a more 
stringent standard. Those stations that have a construction permit for 
which the original time to complete construction has not yet expired or 
that had their original construction permit

[[Page 5640]]

extended to a date that has not yet expired were not addressed in the 
Construction Deadline Extension Order or Use-or-Lose Order. These 
stations were directed to continue to follow existing rules and 
procedures (i.e., continue to build their current DTV construction 
permit and, if that construction permit will expire before they can 
complete construction, file a request to obtain Commission approval for 
extension of the construction permit). (Third DTV Periodic Review NPRM, 
at para. 57. Since the release of the Construction Deadline Extension 
and Use-or-Lose orders, 83 stations have filed extension requests and 
69 stations have filed for use-or-lose waivers. These numbers include 
requests for additional time as well as new requests filed with respect 
to deadlines that occurred after the Orders were drafted. The Third DTV 
Periodic Review NPRM did not require the usual reporting and progress 
requirements for some stations according to the rules of the 
Construction Deadline Extension Order, in light of the ongoing 
consideration of this Report and Order. Third DTV Periodic Review NPRM, 
at para. 77 n. 142. Similarly, the Third DTV Periodic Review NPRM 
withheld admonishment of some stations under the Use or Lose Order 
pending adoption of rules in this proceeding. Third DTV Periodic Review 
NPRM, at para. 78.)

IV. Progress Report

    15. The transition to DTV is a complex undertaking, affecting 
virtually every segment of the television industry and every American 
who watches television. The Commission has been facilitating the 
transition to DTV by adopting a standard for digital broadcasting, 
creating an initial and post-transition DTV Table, awarding DTV 
licenses, establishing operating rules for the new service, monitoring 
the physical build-out of DTV broadcast stations, and helping to 
educate consumers about the transition. At the end of the transition, 
television broadcast operations will be limited to the core TV 
spectrum. (The ``core spectrum'' is comprised of low-VHF channels 2 to 
4 (54-72 MHz) and 5 to 6 (76-88 MHz), high-VHF channels 7 to 13 (174-
216 MHz) and UHF channels 14-51 (470-698 MHz), but does not include TV 
channel 37 (608-614 MHz), which is used for radio astronomy research. 
See 47 CFR 73.603(c).) This will enable the recovery of a total of 108 
MHz of spectrum (i.e., TV channels 52-69) for critically important 
public safety needs and new wireless services.

A. DTV Operations

    16. As of December 17, 2007, 1,706 television stations in all 
markets (representing approximately 99 percent of all stations) have 
been granted a DTV construction permit (``CP'') or license. A total of 
1,635 stations are now broadcasting a digital signal. Of these, 1,396 
stations have authorized licensed facilities or program test authority 
and 239 stations are operating pursuant to STA or experimental DTV 
authority.
    17. In the top 30 television markets, all 119 top-four network-
affiliated television stations are on the air in digital; 113 are 
licensed DTV facilities or program test authority and six have STAs. In 
markets 1-10, all 40 top-four network affiliated stations are providing 
digital service, 38 with licensed DTV facilities and two with STAs. In 
markets 11-30, all 79 top-four network affiliated stations are 
providing DTV service, 75 with licensed DTV facilities and four with 
STAs.
    18. Approximately 1,230 commercial television stations were due to 
commence digital broadcasts by May 1, 2002. As of December 17, 2007, 
1,157 of these stations (94 percent) are broadcasting a digital signal. 
In addition, approximately 373 NCE television stations were required to 
commence digital operations by May 1, 2003. As of December 17, 2007, 
359 (96 percent) of these stations are broadcasting a digital signal.

B. Consumer Capability To Receive DTV Signals

    19. Over-the-Air Viewer Reception. As of January 1, 2007, Nielsen 
estimates that 36.6 million people or 13 percent of people in the 
United States relied only on over-the-air television. In addition 
Nielsen estimates that 15.2 million households, or 14 percent of 
television households, watched television via an over-the-air signal 
only. Nielsen predicts that by January 1, 2008, fewer people, 
specifically 33.6 million, or 12 percent of people in the United 
States, will watch television via an over-the-air signal only. In terms 
of households, Nielsen estimates much fewer, 13 percent of all 
television households, or 14.3 million households, will be over-the-air 
only.
    20. The demand for DTV sets has grown with increased availability 
of DTV programming and receiving equipment and a steady drop in the 
price of such equipment. The Consumer Electronics Association (``CEA'') 
reports that the consumer electronics industry has invested $66.7 
billion in DTV products since 1998. Moreover, CEA reports more than $75 
billion in consumer investment in DTV products. According to CEA, 23.9 
million DTV sets and monitors were sold in 2006. CEA predicts that 29.2 
million DTV products will be sold in 2007, 33.4 million in 2008, 35.2 
million in 2009 and 36.4 million in 2010. CEA estimates that total 
digital display unit sales will increase by 30 percent in 2007, as 
compared to 2006. Sales of high-definition television sets are expected 
to increase to 20.7 million in 2007, a significant increase from 17.3 
million sold the previous year.
    21. To promote the availability of reception equipment and protect 
consumers by ensuring that their television sets continue to work in 
the digital world just as they do today, the Commission established a 
DTV tuner mandate, which required that all television receiver 
equipment (e.g., TV sets (all sizes), VCRs, digital video recorders, 
and any other TV receiving devices) shipped in interstate commerce or 
imported into the United States, for sale or resale to the public, must 
be capable of receiving the signals of DTV broadcast stations over-the-
air by March 1, 2007. (See 47 CFR 15.117(a). In 2002, the Commission 
initiated the DTV tuner mandate, with a phase-in period based on screen 
size to minimize the cost impact on consumers. In 2005, the Commission 
accelerated the implementation of the DTV tuner mandate to become 
effective on March 1, 2007 and expanded the mandate to include 
television sets less than 13 inches.)
    22. In another consumer protection effort, the Commission adopted 
an order in April 2007, to require that, as of May 25, 2007, retailers 
that continue to sell analog-only television equipment provide 
consumers with information regarding the February 17, 2009 transition 
date at the point of sale of DTV television receiving equipment. 
Specifically, the Commission now requires sellers of television 
receiving equipment that does not include a digital tuner to disclose 
at the point-of-sale that such devices include only an analog tuner 
and, therefore, will require a converter box to receive over-the-air 
broadcast television after the February 17, 2009 transition date. 
(Specifically, the Labeling Order (72 FR 26554, May 10, 2007) requires 
that anyone that sells or offers for sale or rent television receiving 
equipment that does not contain a DTV tuner must display the following 
consumer alert, in a size of type large enough to be clear, conspicuous 
and readily legible, consistent with the dimensions of the equipment 
and the label, at the point of sale: ``CONSUMER ALERT: This

[[Page 5641]]

television receiver has only an analog broadcast tuner and will require 
a converter box after February 17, 2009, to receive over-the-air 
broadcasts with an antenna because of the Nation's transition to 
digital broadcasting. Analog-only TVs should continue to work as before 
with cable and satellite TV services, gaming consoles, VCRs, DVD 
players, and similar products. For more information, call the Federal 
Communications Commission at 1-888-225-5322 (TTY: 1-888-835-5322) or 
visit the Commission's digital television Web site at: www.dtv.gov.'' 
This requirement applies to the sale or rent of such equipment via 
direct mail, catalog, or electronic means (e.g., the Internet).) As we 
noted in this order, consumers expect that DTV television receiving 
equipment for sale today that is capable of receiving television is and 
will continue to be able to receive over-the-air broadcast signals, 
and, if not, then such material information should be disclosed prior 
to purchase. The successful completion of the DTV transition depends 
upon satisfaction of this basic consumer expectation.
    23. We also note that subsidized digital-to-analog (``D-to-A'') 
converter boxes will be available to eligible consumers starting 
January 2008, further promoting access to digital reception equipment. 
(47 U.S.C.A. Section 309 Note. 47 CFR part 301. Starting January 1, 
2008, all U.S. households will be eligible to request up to two $40 
coupons to be used toward the purchase of up to two D-to-A converter 
boxes, while the initial $990 million allocated for the program is 
available. 47 CFR 301.3-4. If the initial funds are used up and the 
additional funds (up to $510 million) are authorized, eligibility for 
the coupons will be limited to over-the-air-only television households. 
Eligible consumers will have until March 31, 2009, to make a request 
for these coupons.) This subsidy program, which was created by the DTV 
Act, will allow consumers with analog-only TV sets to receive over-the-
air broadcast programming after the February 17, 2009, transition date, 
when analog broadcasting ends. Congress directed the National 
Telecommunications and Information Administration (``NTIA'') of the 
U.S. Department of Commerce to administer this subsidy program. (The 
DTV Act Section 3005(a)(1) directs the Assistant Secretary for 
Communications and Information to ``implement and administer a program 
through which households in the United States may obtain coupons that 
can be applied toward the purchase of digital-to-analog converter 
boxes.'' The purpose of the program is to enable consumers to continue 
receiving broadcast programming over the air using analog-only 
televisions not connected to cable or satellite service.) In March 
2007, NTIA issued final rules to implement the program, which 
subsidizes the purchase of D-to-A converter boxes. (NTIA established 
rules for the coupon program in 47 CFR part 301. The rules became 
effective April 16, 2007.) The Commission is working with NTIA to test 
the D-to-A converters for eligibility to be certified for the coupon 
program.
    24. The Commission has also taken action to ensure that all cable 
subscribers, including those with analog TV sets, can view broadcast 
television after the DTV transition. Approximately 35 percent of all 
television homes, or approximately 40 million households, are analog-
only cable subscribers.
    25. In September 2007, the Commission adopted rules ensuring that 
the 98 million TV viewers retain the same access to their local 
stations after the transition as they do today. The rules will require 
cable operators to comply with the statutory viewability requirement by 
choosing to either: (1) Carry digital signals in analog format, or (2) 
for all-digital systems, carry the signals only in digital format, 
provided that all subscribers have the necessary equipment to view the 
broadcast content. The viewability requirements will be in force from 
the date of the transition through February 2012 subject to review by 
the Commission during the last year of this period.
    26. The Commission also reaffirmed the existing material 
degradation standard for cable carriage of digital signals, including 
the requirement that cable systems carry high definition (``HD'') 
broadcast signals in HD format. In addition, the Commission has taken 
several actions to increase consumer awareness about the impending DTV 
transition. Successful completion of the DTV transition depends upon 
government and industry working together to promote consumer awareness 
and minimize the burdens borne by consumers. In July 2007, the 
Commission adopted a Notice of Proposed Rulemaking for the Commission's 
Digital Television Consumer Education Initiative (``DTV Consumer 
Education NPRM '' 72 FR 46014, August 16, 2007), which requested 
comment on several proposals relating to consumer education about the 
DTV transition, including considering the best means of creating a 
coordinated, national DTV consumer education campaign. (Alternatively, 
the notification could describe how to get service from another station 
affiliated with the same network and serving the same lost area.) We 
proposed to require television broadcast licensees to conduct on-air 
consumer education efforts and to require ``broadcast licensees and 
permittees to report, every 90 days, their consumer education efforts, 
including the time, frequency, and content of public service 
announcements aired by each station in a market, with civil penalties 
for noncompliance.'' (Comments were due September 17, 2007 and reply 
comments were due October 1, 2007. An order addressing the proposals in 
this docket was circulated on October 16, 2007. See Written Statement 
of the Honorable Kevin J. Martin, Chairman, Federal Communications 
Commission, Before the Committee on Energy and Commerce, Subcommittee 
on Telecommunications and the Internet, U.S. House of Representatives 
(dated October 17, 2007); https://fjallfoss.fcc.gov/edocs_public/
attachmatch/DOC-277414A1.doc.v). It also sought comment on proposals 
about notices in MVPD customer billing statements, notices from 
consumer electronics manufacturers, and consumer electronics retailer 
training and education, among others.
    27. In addition, on September 26, 2007, the Commission held the 
first in a series of Commission Digital Television Consumer Education 
Workshops. (The workshops will focus on communities that have been 
identified as being likely to be disproportionately impacted by the 
transition and least aware of it. These communities include, for 
example, seniors, minorities and non-English speakers, people with 
disabilities, low-income earners, and those living in rural areas. On 
November 8, 2007, the Commission hosted a workshop that addressed 
issues related to ensuring that seniors are prepared for the DTV 
transition. On December 4, 2007, the Commission hosted a workshop that 
addressed issues related to ensuring that minority and non-English-
speaking consumers are prepared for the DTV transition.) These 
workshops provide an opportunity for all interested parties to jointly 
discuss the challenges associated with the upcoming transition and 
explore ways to develop coordinated consumer education activities. The 
Commission invites organizations representing a broad range of 
consumers and other stakeholders to participate, including those who 
represent senior citizens, low-income consumers, non-English speakers, 
people with disabilities, tribes, and public interest organizations 
working on behalf of

[[Page 5642]]

underserved customers or those living in rural areas.

V. Final DTV Transition Rules

    28. By statute, full-power television broadcast stations must cease 
analog operations by 11:59 p.m. on February 17, 2009. Accordingly, our 
focus is now on overseeing broadcasters' construction of facilities 
that will reach viewers in their authorized service areas by the time 
they must cease broadcasting in analog. Specifically, this Report and 
Order adopts rules to ensure that broadcasters meet their statutory 
responsibilities and can begin operations on their final, post-
transition (digital) channels by the expiration of the transition 
deadline on February 17, 2009. We take seriously our goal to ensure 
that consumers who have diligently prepared for the transition by 
obtaining the necessary DTV receiver equipment are able to, at a 
minimum, continue to watch their existing television programming after 
the transition date. In order to make this transition as smooth as 
possible for consumers, stations must have their digital facilities in 
place and ready to commence operations no later than 12:00 a.m. on 
February 18, 2009. We recognize that the transition is a complex 
undertaking presenting many challenges to the broadcast industry and 
that some disruption of television service may be unavoidable leading 
up to the analog turn-off. Accordingly, we adopt rules, where possible, 
to offer broadcasters some regulatory flexibility. At the same time, 
however, we must still ensure that DTV broadcasters will at least reach 
the audiences that they have been serving with their analog service and 
that, after the transition date, viewers will continue to have access 
to the stations that they are accustomed to receiving over the air.
    29. Stations are reminded that their authority to operate on a pre-
transition channel, whether analog or digital, ends on February 17, 
2009. Continued operation of analog or pre-transition digital 
facilities after that date is operation without a license and will 
result in the imposition of sanctions for unauthorized operations. Only 
stations that have applied for and been granted specific authority to 
remain on a pre-transition digital channel may continue operating on 
that channel. As noted in the Third DTV Periodic Review NPRM, we 
recognize that there may be some situations where a station's ability 
to commence its post-transition operations will be dependent on another 
station's construction and operating plans. For example, station A may 
need to begin testing its digital facility on its post-transition 
channel in order to be ready to operate after the transition date, but 
station B is currently using the channel for pre-transition (analog or 
digital) service. In such situations, close cooperation will be needed 
between these stations. We expect that broadcasters will make all 
possible accommodations to ensure that all stations will be able to 
provide digital service on their post-transition channels at the 
transition date.
    30. We begin by, first, adopting our proposal to gather information 
about each station's transition status and plan to meet the deadline. 
Second, we adopt our proposed deadlines