DTV Consumer Education Initiative, 15431-15458 [E8-5409]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 73, Number 57 (Monday, March 24, 2008)]
[Rules and Regulations]
[Pages 15431-15458]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5409]


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FEDERAL COMMUNICATIONS COMMISSION

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

[CS Docket No. 07-148; FCC 08-56]


DTV Consumer Education Initiative

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document adopts rules requiring industry to participate 
in a coordinated, nationwide, consumer outreach campaign. Despite 
extensive consumer outreach efforts by the Commission and others, a 
large percentage of the public is not sufficiently informed about the 
DTV transition. The rules in this item will ensure that the full 
benefits of the transition are realized and experienced by consumers.

DATES: The rules in this document contain information collection 
requirements that have not been approved by the Office of Management 
and Budget. The Commission will publish a document in the Federal 
Register announcing the effective date of these rules.

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 Lyle Elder, Lyle.Elder@fcc.gov, or Eloise 
Gore, Eloise.Gore@fcc.gov, of the Media Bureau, Policy Division, (202) 
418-2120. 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 Federal 
Communications Commission's Report and Order in MB Docket No. 07-148, 
FCC 08-56, adopted February 19, 2008 and released March 3, 2008. 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).

Paperwork Reduction Act of 1995 Analysis

    This document was analyzed with respect to the Paperwork Reduction 
Act of 1995 (``PRA''), Public Law 104-13 and contains new and modified 
information collection requirements, including the following: (1) 
Broadcasters must provide information to their viewers about the DTV 
transition, and must report those efforts to the Commission and the 
public; (2) MVPDs must provide monthly notices about the DTV transition 
in their customer billing statements; (3) manufacturers of television 
receivers and related devices must provide notice to consumers buying 
their devices of the transition's impact on that equipment; (4) DTV.gov 
Partners must provide the Commission with regular updates on their 
consumer education efforts; (5) ETCs that receive federal universal 
service funds must provide notice of the transition to their low income 
customers and potential customers; and (6) the winners of the 700 MHz 
spectrum auction will be required to report their consumer education 
efforts. The information collection requirements contained in this 
Report and Order will be submitted to the Office of

[[Page 15432]]

Management and Budget (``OMB'') for review under Section 3507(d) of the 
PRA. The Commission will seek OMB approval for these information 
collection requirements and forms in accordance with OMB's emergency 
processing rules. The Commission will publish a separate Federal 
Register Notice seeking comments from OMB, the general public, and 
other Federal agencies on the final information collection requirements 
contained in this proceeding. In addition, pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198, we will also 
seek specific comment on how we might ``further reduce the information 
collection burden for small business concerns with fewer than 25 
employees'' in the Federal Register Notice seeking comment on the 
information collections.

Summary of the Report and Order

I. Introduction

    1. As discussed below, in this Report and Order we adopt several 
proposals relating to consumer education about the digital television 
(``DTV'') transition. As the Nation's full-power television stations 
transition from analog broadcast television service to digital 
broadcast television service, the Commission has been committed to 
working with representatives from industry, public interest groups, and 
Congress to make the significant benefits of digital broadcasting 
available to the public. The digital transition will make valuable 
spectrum available for both public safety uses and expanded wireless 
competition and innovation. It will also provide consumers with better 
quality television picture and sound, and make new services available 
through multicasting. These innovations, however, are dependent upon 
widespread consumer understanding of the benefits and mechanics of the 
transition. The Congressional decision to establish a hard deadline of 
February 17, 2009, for the end of full-power analog broadcasting has 
made consumer awareness even more critical.
    2. As explained in more detail below, we thus impose the following 
requirements in this Order. First, broadcasters must provide on-air 
information to their viewers about the DTV transition, by compliance 
with one of three alternative sets of rules, and must report those 
efforts to the Commission and the public. Second, multichannel video 
programming distributors (MVPDs) must provide monthly notices about the 
DTV transition in their customer billing statements. Third, 
manufacturers of television receivers and related devices must provide 
notice to consumers of the transition's impact on that equipment. 
Fourth, DTV.gov Partners must provide the Commission with regular 
updates on their consumer education efforts. Fifth, companies 
participating in the Low Income Federal Universal Service Program must 
provide notice of the transition to their low income customers and 
potential customers. Sixth, the winners of the 700 MHz spectrum auction 
must report their consumer education efforts. Finally, we offer our 
assistance to the National Telecommunications and Information Agency 
(NTIA) in policing and enforcing the requirements of the digital 
converter box retail program. We find that these requirements are 
necessary to ensure that the American public is adequately prepared for 
the full-power digital transition, but that they will no longer be 
necessary after the full-power transition is fully complete. This Order 
therefore provides that these requirements will be in place for a 
limited time only.

II. Background

    3. Congress has mandated that after February 17, 2009, full-power 
broadcast stations must transmit only in digital signals, and may no 
longer transmit analog signals. As the National Consumers League 
describes it, ``[t]he transition to DTV is probably the most 
significant event for television-viewers since the invention of 
television itself. It is crucial for people to be aware of the change, 
understand its impact, and be able to make sound choices.'' We agree, 
and the Commission has been actively engaged in DTV consumer education 
and outreach efforts since before the establishment of the hard full-
power transition deadline. Our longstanding and ongoing efforts include 
a wide range of activities, both completed and planned. For instance, 
the Chairman recently announced the creation of a DTV Task Force, 
formalizing the relationships among the numerous Offices and Bureaus 
involved in the transition. The goal of the Task Force is to facilitate 
a smooth transition that minimizes the burdens on consumers while 
maximizing their opportunities to benefit from it. As an extension of 
existing coordination efforts, the Task Force will: meet regularly to 
discuss and direct ongoing DTV transition efforts, coordinate with 
other federal agencies, shares ideas, and address any problems that 
arise or appear imminent. The members of the Task Force will also meet 
regularly with various stakeholders from industry and federal, state, 
local, and tribal governments.
    4. Representatives John D. Dingell, Chairman of the Committee on 
Energy and Commerce, and Edward J. Markey, Chairman of the Subcommittee 
on Telecommunications and the Internet, recently wrote to the 
Commission to express interest in the pace and scope of consumer 
education about the full-power transition. As the Congressmen observed, 
``the Commission is particularly well suited to lead this effort given 
its existing expertise and resources.'' They proposed a number of 
specific actions that they believe the Commission should take. As 
discussed above, many of these recommendations are already being 
actively pursued by the Commission. The Commission released a Notice of 
Proposed Rulemaking on July 21, 2007 requesting comment on the best 
means of creating a coordinated, national DTV consumer education 
campaign. Comments were due September 17, 2007 and reply comments were 
due October 1, 2007. We reviewed over 30 comments, 6 reply comments, 
and over 100 ex parte presentations and comments from a wide range of 
sources, including individuals, trade associations, broadcasters, and 
nonprofits.

III. Discussion

    5. Insofar as the actions referenced in the Letter require 
regulatory action by the Commission, we adopt those proposals. As a 
general matter, it suggests that ``the Commission could use its 
existing authority to compel industry to contribute time and resources 
to a coordinated, national consumer education campaign.'' We agree that 
the Commission should take whatever steps we can to promote a 
coordinated, national DTV consumer education campaign. Some industry 
commenters have objected to these requirements on the ground that the 
Commission has insufficient statutory authority to implement them. 
These objections are discussed in more detail below. As 
Telecommunication for the Deaf and Hard of Hearing, et al. observe, we 
have broad authority to require educational outreach efforts concerning 
the DTV transition. The Commission is statutorily required to promote 
the orderly transition of full-power stations from analog to digital 
television, and we have exercised that mandate to, among other things, 
prevent the continued importation and interstate shipment of analog-
only sets and to require retailers to label those analog-only sets they 
continue to legally sell. Our statutory authority allows us to 
facilitate the transition by adopting rules requiring the dissemination 
of essential information about the transition.

[[Page 15433]]

    6. There is a clear and compelling need for educational efforts 
directed toward consumers. As APTS found in its most recent quarterly 
consumer survey on the DTV transition, a majority of Americans do not 
fully understand the transition. Moreover, as the Commission's Consumer 
Advisory Committee (CAC) points out, a substantial number of Americans 
have not yet made the switch to digital. By the end of 2007, it was 
expected that only one-third of households would have a digital 
television. Of households that rely on over-the-air (OTA) broadcasts, 
only seven percent own a digital television. Furthermore, the 
households that principally rely on OTA broadcasts are the most 
vulnerable and arguably the most difficult to reach; almost half have 
annual incomes of less than $30,000, and two-thirds are headed by 
someone over 50 years of age or someone for whom English is a second 
language. Thus, we must take immediate and effective action to ensure 
that viewers are informed of the effect that the full-power digital 
transition will have on them and the options that are available to them 
to make the transition to digital television without losing full-power 
television service. This Order focuses on actions that television 
broadcasters, MVPDs, telecommunications carriers, retailers, and 
manufacturers must take to inform consumers about the transition. 
Nonetheless, because of the national importance of this issue, we also 
strongly encourage radio broadcasters to engage in efforts to educate 
and inform their listeners. Such efforts could be an important 
complement to consumer outreach by other public and private sector 
groups between now and the transition.

A. Broadcaster Education and Reporting

    7. The National Association of Broadcasters (NAB) and other 
broadcast industry commenters have argued that there is a public 
interest benefit in preserving some flexibility on the part of 
broadcasters to serve the needs of viewers in their widely divergent 
communities, and we agree. We therefore adopt rules that give both 
commercial and noncommercial broadcasters a choice of education and 
reporting requirements. Furthermore, we acknowledge that the ongoing 
educational efforts of industry have made a notable impact on consumer 
awareness, and anticipate continuing effective and creative measures 
from the industry to increase viewer awareness of the full-power 
digital transition. As discussed throughout this Order, we find a 
broad-based consumer education mandate essential given the importance 
of consumer awareness to the digital transition, but we will allow 
broadcasters the flexibility to choose which of these different plans 
to follow.
    8. Although the sets of requirements are distinct, we find that 
they each entail a similar level of commitment and engagement on the 
part of broadcasters. Where the first option calls for more frequent 
PSAs, the second calls for longer ones, and the third for the same 
total amount of education with less restriction on length. Where the 
first and third options allow for PSAs in specified parts of the day, 
the second option requires greater focus on the hours when most viewers 
tune in. Where the first option does not require any long educational 
messaging, the second and third mandate a 30 minute program dedicated 
to in-depth education. Where Option One requires a set number of 
crawls, Option Two allows broadcasters to use a variety of in-program 
messaging techniques to inform viewers, and Option Three requires only 
PSAs and longer messages. While Options One and Three do not directly 
address special additional education measures during the final months 
of the full-power transition, Option Two is more comprehensive in its 
focus on alternative approaches. All plans require quarterly reporting 
of both mandatory and voluntary outreach and education efforts. This 
will allow the Commission not only to monitor compliance, but also to 
stay informed of the creative approaches being taken by disparate 
broadcasters all over the country, and continue to serve in its role as 
the primary transition educator and coordinator of transition education 
efforts.
    9. The Commission's education requirement will go into effect upon 
the effective date of the rules. Every full-power commercial 
broadcaster must participate in option One or Two, and noncommercial 
broadcasters must participate in option One, Two, or Three. Whichever 
Option is elected, every broadcaster must conduct consumer outreach and 
education pursuant to that set of rules. Under each of the options, 
broadcasters must report on its educational and outreach activities by 
filing Form 388 with the Commission and placing it in the station's 
public file. Each broadcaster will elect the option with which it will 
comply no later than the first reporting deadline under the plans, by 
noting its chosen plan when it first files Form 388. Failure to comply 
with either the education or reporting requirements under any Option 
may result in enforcement action.
1. Broadcaster Education Option One
a. Option One Consumer Education Requirements
    10. Broadcasters who opt to comply with this option will be 
required to regularly air a mix of PSAs and crawls, with increasing 
frequency as the full-power transition approaches, that explain the 
various important issues of the full-power transition and explain how 
viewers can find more information. Specifically, a station must air one 
transition PSA, and run one transition crawl, in every quarter of every 
day. This requirement applies separately to a station's analog channel 
and its primary digital stream. This requirement will increase to two 
PSAs and crawls per quarter per day on April 1, 2008, and to three of 
each on October 1, 2008. For the purposes of these education 
requirements, each broadcast day can be broken into 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. Stations are required to air PSAs or crawls at various 
times in any given day part, and we expressly require that at least one 
PSA and one crawl per day be run during primetime hours. For the 
purposes of this item, ``primetime'' is defined as the hours between 8 
p.m. and 11 p.m. in the Eastern and Pacific time zones, and between 7 
p.m. and 10 p.m. in the Mountain and Central time zones. We expect that 
broadcasters will air these DTV PSAs in addition to, and not in lieu 
of, PSAs on other issues of importance to their local communities. In 
addition, we require that the transition PSAs be closed-captioned 
regardless of their duration, notwithstanding the exemption in 
79.1(d)(6).
    11. These requirements will expire for most broadcasters on March 
31, 2009. This DTV education requirement will continue for any station 
that has requested or been granted an extension to serve less than its 
full authorized service area after March 31, 2009. Some broadcasters 
filed comments in the Third DTV Periodic describing circumstances that 
may prevent them from completing construction to reach their fully 
authorized service area by February 18, 2009. Any station that does not 
reach all of its pre-transition viewers on February 18, 2009 will be 
required to continue its education efforts until its request for 
extension has been withdrawn or denied, or until a granted extension 
has expired. We will increase these requirements if we find, based on 
the overall progress of DTV consumer

[[Page 15434]]

education, that it is necessary to revise the frequency, content or 
duration of the PSAs or crawls on a station-by-station basis, for a 
particular region, or for the country as a whole.
    12. Crawls must run during programming for no less than 60 
consecutive seconds across the bottom or top of the viewing area, and 
be provided in the same language as a majority of the programming 
carried by the station. Although we do not dictate the exact content of 
the crawls, we find that, over the 60 second duration, they must repeat 
a message that conveys the following information:
     On February 17, 2009, full-power analog broadcasting will 
end, and analog-only televisions may lose the signal being viewed 
unless the viewer takes action.
     That viewers can get more information by telephone or 
online, and how to do so.
    The crawl may also, at the broadcaster's discretion, provide other 
information, such as, for example, contact information for the DTV 
Transition Coalition.
    13. Required PSAs must be at least 15 seconds. Each PSA must 
provide, at a minimum, the same information as required for crawls, 
above. We acknowledge the creativity of the private sector, as noted by 
SBA, and do not mandate the form of PSAs other than to require that, 
over the course of a broadcaster's education campaign, they give more 
detail about the following subjects:
     What a viewer needs to do to continue watching the 
station, whether they are an OTA viewer or receive broadcast signals 
via their MVPD, and
     Where appropriate, specific details about the station's 
transition: for example, shifts in service area, channel numbering 
changes, the addition of multicast and/or High Definition channels, 
timing, etc.
    14. Additionally, on-air outreach must contain no misleading or 
inaccurate statements. We do not limit stations to these efforts. For 
example, certain stations may find that additional PSAs in languages 
other than those in which a majority of their programming is presented 
would be beneficial to their viewers; for other stations, multilingual 
announcements may not be needed. Stations are free to use PSAs provided 
by outside sources such as NAB or networks, so long as their overall 
campaign touches on all the elements relevant to their particular 
transition. The flexibility of the rules we adopt today makes clear 
that we are focusing on Congress's command to promote an orderly full-
power transition.
    15. The Letter suggested that the Commission consider using its 
regulatory authority to ``require television broadcasters to air 
periodic public service announcements and a rolling scroll about the 
digital transition.'' We note that although the Letter refers to 
``scrolls,'' commenters (including AARP, NAB, and APTS) understood this 
to refer to what in the closed captioning context we have called a 
``crawl.'' Indeed, the National Hispanic Media Coalition, which 
strongly supports PSA requirements and calls for ``Y2K-level consumer 
education efforts,'' opposes vertical scrolls as unnecessary. Comments 
of NHMC at 3. For the sake of consistency and to reflect the generally 
understood intent of the proposal, we use the term ``crawl'' here. We 
have adopted this requirement, while giving broadcasters significant 
latitude to determine the best way to present the essential information 
on the timing and nature of the full-power transition and how to 
continue receiving the station's programming throughout and after the 
transition.
    16. Most of the commenters who commented on this issue agreed with 
the Commission that broadcast consumer education efforts are the best 
way to reach viewers who will be most affected by the full-power 
transition, particularly those who rely primarily or exclusively on OTA 
television. For example, one commenter states that PSAs should be the 
``primary focus for transition education efforts,'' and that an 
education program including PSAs must be mandated to ensure public 
education ``in a timely manner.'' It is also important not to simply 
rely on one form of on-screen education or the other. Crawls and PSAs 
convey information very differently, and reach different groups of 
people as a result. Given the growing use of personal video recorders 
and other devices that can be used for time-shifting and commercial 
skipping, many consumers might not be reached by education efforts, 
such as PSAs, that air only during programming breaks. At the same 
time, a crawl can not reach those viewers whose eyesight is not strong 
enough to read its comparatively small print, or who are not able to 
read at all. Using both methods will ensure that education efforts 
reach more viewers. Broadcaster commenters are generally in agreement 
regarding the importance of their role in consumer education; for 
instance, Entravision, a Spanish language broadcaster, supports 
mandatory PSAs. Even those broadcasters who oppose regulation in this 
matter say that, regardless of our decision here, they plan to engage 
in consumer outreach and education that ``far exceed any requirements 
the FCC could or should impose,'' because ``the ability to reach every 
household is the foundation of broadcast television's public interest 
and operational success.'' A wide array of broadcaster activity is 
promised not just in this Commission docket, but also in testimony to 
Congress.
    17. Despite commendable pledges by organizations like the State 
Broadcasters Association (SBA) and the National Association of 
Broadcasters (NAB), we find that regulatory action is the only way to 
ensure a sustained, nationwide, station-by-station effort. As the 
Benton Foundation observes, these organizations have no power to bind 
individual stations. We acknowledge and appreciate the leadership and 
coordination efforts of NAB, and anticipate continuing to work with it 
on additional voluntary efforts. At the same time, we are convinced 
that DTV consumer education needs to be a nationwide station-by-station 
effort. As SBA says, consumer education is ``critical'' because 
interruption of broadcast service to even a single home is 
``unacceptable.'' Our rules will ensure that the critical need for 
education is met in every market. NAB and APTS both argue that we can 
simply rely on the interests of all broadcasters in preserving their 
over-the-air audience, and that we therefore need not require any 
broadcaster education efforts. While we agree that broadcasters have 
every incentive to prepare their viewers for the transition, a 
``baseline requirement'' is necessary to ensure the public awareness 
necessary for a smooth and orderly transition. We have adopted NAB's 
proposal as an alternative method by which stations can meet this 
baseline requirement. As the Commission's Consumer Advisory Committee 
points out, there will be a number of contrary pressures on local 
broadcasters over the next 12 months. For example, it is possible that 
the viewers most likely to be left behind due to an insufficient 
educational effort are the ones least demographically attractive to 
advertisers. Finally, potential advertising revenue from such sources 
as presidential and other political campaigns may make it tempting, in 
the short run, not to devote advertising time to transition education.
    18. APTS suggests that public television stations be exempt from 
any requirements because they have a good track record of informing the 
public and because they are limited in the time they have to air public 
service announcements. We disagree because the rules we impose are 
designed to

[[Page 15435]]

complement efforts such as APTS'; if broadcasters are already engaging 
in these efforts, the rules will not be a burden. However, as with 
commercial stations, we have given noncommercial broadcasters the 
option to comply with our requirements via an alternative route.
    19. Statutory Authority. The National Association of Broadcasters, 
alone among commenters, argues that the Commission does not have 
statutory authority to require that broadcasters inform their viewers 
of the full-power broadcast digital television transition. NAB argues 
that Section 326 of the Act, prohibiting us from interfering with the 
right of free speech by broadcasters, prevents us from acting here 
absent a grant of authority that specifically mentions DTV consumer 
education PSAs and crawls. We disagree. As discussed more fully in 
Section G, below, our actions here do not constitute an improper 
restriction on speech. NAB also asserts an artificially narrow 
conception of the Commission's statutory authority when it argues that 
we cannot act without a ``specific statutory provision authorizing 
required PSAs and crawls, including content thereof.'' As noted above, 
Congress both mandated the digital transition and vested the Commission 
with the power to ``prescribe such regulations as may be necessary for 
the protection of the public interest, convenience, and necessity'' in 
connection with the digital transition.
    20. Finally, broadcast licensees have a statutory obligation to 
``serve the public interest, convenience, and necessity.'' One can 
scarcely conceive a situation more illustrative of the ``necessity'' 
prong of this duty than the instant case, where certain viewers will 
cease having access to full-power broadcast services transmitted over 
the public airwaves on a date certain absent concerted informational 
efforts. There simply can be no national full-power digital broadcast 
transition if the very people who rely on broadcast television are 
unaware of it. As NAB acknowledges, ``[t]he future of free-over-the-air 
television depends upon a smooth transition. * * * For this to happen, 
the American public must understand what all-digital broadcasting means 
for them.''
    21. Broadcasters must take some responsibility for educating the 
public that they are bound to serve. If a blizzard hits Chicago on 
February 18, 2009, all over-the-air viewers should be able to turn on 
their television and receive emergency information without missing a 
beat. Educating viewers so that they have access to digital 
transmissions is a keystone of the transition which the FCC is 
statutorily required to effectuate, and broadcasters must play a 
central role in that process. In reviewing other regulations designed 
to advance the digital transition, the D.C. Circuit held in Consumer 
Electronics Ass'n v. FCC that ``[g]iven Congress' instruction to end 
analog broadcasts * * * and the Commission's finding that [current 
trends were not such that the public would be ready for the 
transition], * * * the Commission reasonably determined to take action 
* * * so that the DTV transition may move at the pace required by 
Congress.'' As in CEA, we must take action to ensure the orderly 
transition of broadcast service to digital and we have the statutory 
authority to do so.
    22. Finally, the imposition here is similar to existing 
requirements for broadcaster station identification and broadcast of 
license renewal notices. The change from analog to digital broadcasting 
is at least as fundamental to the operation of a station as the 
possession of a broadcast license, and of more practical import to 
viewers. Given the extremely minimal requirements for producing a 
compliant PSA or crawl and the indispensable role that television 
stations must play in educating their viewers in how they can continue 
to have access to full-power television service after the transition, 
it does not avail NAB to claim that these public notices are 
fundamentally different from other broadcast notice requirements 
because they are ``furthering a government policy.''
    23. The Commission, in a similar context, enforced broadcaster 
public interest obligations by requiring digital television stations to 
participate in the emergency alert system (``EAS''). In that 
proceeding, NAB agreed with the Commission that participation in EAS 
was a natural extension of broadcaster public interest obligations. The 
order noted that exemption from this requirement would not be in the 
public interest. It also noted that if participation in the Emergency 
Alert System were voluntary, some communities could be left without an 
EAS source, and such messages are too important to risk missing 
``because a person is tuned to the wrong channel.'' Similarly, in the 
case of the transition, an exemption from consumer education is 
contrary to the public interest because the public has a right to know 
how televisions will function after February 17, 2009. A voluntary 
program is inadequate because transition information is too important 
to risk that some viewers will lack the necessary information because 
the licensee serving them fails to provide that information in a timely 
fashion. If viewers see a blank screen on February 18, 2009 because 
they were not informed about the actions they needed to take to 
continue receiving television programming, they will effectively be 
deprived of access to all OTA television service--including EAS. The 
Commission imposed a similar requirement upon broadcasters pursuant to 
the Children's Television Act (``CTA'').
b. Option One Reporting Requirements
    24. A broadcaster choosing to comply with Option One will be 
required to electronically report its consumer education efforts to the 
Commission on a quarterly basis, and place these reports in the 
broadcaster's public file and, if the broadcaster has a public Web 
site, on that Web site. These reports will be made available on the 
Commission's Web site in a centralized, searchable database. For each 
quarter of required consumer education, we require that broadcasters 
electing Option One complete Form 388 and file it electronically in 
this docket (07-148) by the tenth day of the succeeding calendar 
quarter, with a copy placed in the station's public inspection file by 
that same date. Because of the limited duration of the full-power 
transition period, only a limited number of these quarterly reports 
will be required. The first, covering the first quarter of 2008, must 
be filed no later than April 10, 2008, and the last, covering a 
station's final quarter of mandated educational efforts, will be filed 
no later than April 10, 2009 for most stations. Stations that are 
required to continue educational efforts beyond March 31, 2009 must 
also continue to file these quarterly reports, up to and including the 
final quarter in which they have active educational requirements.
    25. The Letter suggested that the Commission consider requiring 
``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.'' It also suggested that the 
Commission consider imposing ``interim requirements for detailing a 
broadcaster's consumer education efforts in the required local public 
inspection file, such as by including coverage about the digital 
transition in the issues/programs list compiled every three months or 
by making announcements in local newspapers or on-air similar to public 
notice requirements for new stations or license renewal.''

[[Page 15436]]

    26. Broadcasters generally oppose this reporting requirement. As 
discussed above, broadcaster education efforts are a central part of 
consumer education concerning the transition. We require reporting to 
enforce these consumer education initiatives and ensure that the 
necessary efforts are underway. As the National Hispanic Media 
Coalition observes, ``[t]here is no satisfactory alternative to this 
reporting.'' As with the Children's Television Programming 
requirements, self-reporting allows broadcasters to verify for 
themselves that they are fulfilling their obligations. Furthermore, 
because of the importance of these education requirements and the 
relatively short time frame of the full-power transition, the 
Commission needs to be able to monitor compliance with and enforce 
those obligations in a way that is not prohibitively cost- and time-
consuming. Self-reporting is the most effective way to do this.
    27. As to the form and format of the reports, the AARP and others 
take the position that the reports should include detailed information 
about each airing of a PSA and its content, and should be filed 
quarterly. The Benton Foundation suggests that the reports be filed in 
electronic form, and also be placed in the broadcaster's public file. 
As noted, we decline to require a specific format, but all of the above 
information must be included.
    28. Given our statutory authority to require the PSAs and crawls, 
as discussed above, we also have authority to require broadcasters to 
document and report their compliance efforts. We have statutory 
authority under the Communications Act to require broadcasters to 
provide information about their programming to the public and the 
Commission. Providing information to the public about their transition 
education efforts will make broadcasters more accountable for their 
public interest obligation to promote the continued availability of 
free television programming and ensure a smooth transition. Sections 
303(r) and 4(i) of the Communications Act provide ample authority for 
the reporting requirement because providing this information will help 
us ensure broadcasters are acting as public trustees and the Commission 
is fulfilling its duty to oversee the full-power transition. In 
addition, section 4(k) of the Communications Act expressly authorizes 
the Commission to collect information and data ``as may be considered 
of value in the determination of questions connected with the 
regulation of interstate * * * radio communication and radio 
transmission of energy'' to assist the Congress in its normal oversight 
responsibilities. Determining whether the American public is adequately 
informed and educated about the full-power DTV transition is of 
significant concern to Congress, and the reporting requirements will 
assist the Commission in gathering this important information. In 
addition, these reporting requirements are ``necessary for the 
protection of the public interest, convenience, and necessity'' in 
connection with the digital transition because they will assist the 
Commission in assessing consumer understanding of the transition and in 
determining whether adjustments to the educational efforts must be 
made. Further, without broadcasters reporting their efforts, the public 
and the Commission will be unable to determine at renewal time whether 
stations have complied with the consumer education rules. Indeed, these 
requirements are similar to the long-standing issues/programs list 
requirements which require stations to list every three months their 
programs that have provided the most significant treatment of community 
issues and retain these lists in their public file. As with on-air 
identifiers, our broad authority under the Communications Act to carry 
out the public interest requirement permits us to have broadcasters 
provide public service announcements to effectuate the public interest 
standard. Although we have not previously required broadcasters to air 
public service announcements, we have required stations to broadcast 
certain on-air announcements, to give public notice in a local 
newspaper for certain broadcast applications, and to make available 
certain information in a public file.
    29. Similarly, the Commission's First Report and Order pursuant to 
the Children's Television Act (``CTA'') relied on the authority cited 
above and the Commission's authority to enforce the public interest 
obligations of broadcasters to impose upon broadcasters mandatory 
quarterly children's programming reporting requirements. Here, the 
reporting requirement is much more lenient, as it is for a finite 
period of time.
2. Broadcaster Education Option Two
a. Option Two Consumer Education Requirements
    30. We find that the record also supports permitting broadcasters 
to choose to comply with our rules by following the alternative plan 
offered by the National Association of Broadcasters. Under this option, 
a broadcaster must air an average of sixteen transition PSAs per week, 
and an average of sixteen transition-related crawls, snipes, and/or 
tickers per week, over each quarter through the transition period 
between 5 a.m. and 1 a.m. No PSAs or crawls, snipes, and/or tickers 
aired between the hours of 1 a.m. and 5 a.m. will qualify as compliant 
for the purposes of these education requirements. Over the course of 
each calendar quarter, one fourth of all PSAs and crawls, snipes, and/
or tickers must air between 6 p.m. and 11:35 p.m., Eastern and Pacific, 
and between 5 p.m. and 10:35 p.m., Central and Mountain. These 
requirements will expire for most broadcasters on March 31, 2009. This 
DTV education requirement will continue for any station that has 
requested or been granted an extension to serve less than its full 
authorized service area after March 31, 2009. Some broadcasters filed 
comments in the Third DTV Periodic describing circumstances that may 
prevent them from completing construction to reach their fully 
authorized service area by February 18, 2009. Any station that does not 
reach all of its pre-transition viewers on February 18, 2009 will be 
required to continue its education efforts until their request for 
extension has been withdrawn or denied, or until a granted extension 
has expired. This requirement applies separately to a station's analog 
channel and its primary digital stream. As with broadcasters electing 
Option One, we expect that broadcasters electing Option Two will air 
these DTV PSAs in addition to, and not in lieu of, PSAs on other issues 
of importance to their local communities. And, as under Option One, 
these transition PSAs must be closed-captioned. Stations are free to 
use PSAs produced in-house or provided by outside sources such as NAB 
or the networks.
    31. Required PSAs must be at least 30 seconds in length. A 
broadcaster may, however, choose to air two PSAs of no less than 15 
seconds in length in place of a single PSA of at least 30 seconds in 
length. Stations will also air at least one 30-minute informational 
program on the digital television (DTV) transition between 8 a.m.-11:35 
p.m. on at least one day prior to February 17, 2009.
    32. Beginning on November 10, 2008, all stations must begin a 100-
Day Countdown to the full-power transition. During this period, each 
station must air at least one of the following per day:
     Graphic Display. A graphic super-imposed during 
programming content that reminds viewers graphically there are ``x 
number of days'' until the full-power transition. They will be visually 
instructed to call a toll-free number and/or visit a Web site for 
details. The length

[[Page 15437]]

of time will vary from 5 to 15 seconds, at the discretion of the 
station.
     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 full-power transition. They will be visually 
instructed to call a toll-free number and/or visit a Web site for 
details. The length of time will vary from 5 to 15 seconds, at the 
discretion of the station.
     Graphic and Audio Display. Option 1 or option 
2 with an added audio component. The length of time will vary 
from 5 to 15 seconds, at the discretion of the station.
     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 length of these segments will vary from 2 minutes to 5 
minutes, at the discretion of the station (Some stations may also 
choose to include during newscasts DTV ``experts'' who may be asked 
questions by the anchor or reporter about the impending February 17, 
2009 deadline).
b. Option Two Reporting Requirements
    33. We also find that the record supports a requirement that 
broadcasters electing Option Two electronically report their consumer 
education efforts to the Commission on a quarterly basis, and place 
these reports in the broadcaster's public file, just as under Option 
One. These reports will be made available on the Commission's Web site 
in a centralized, searchable database. For each quarter of required 
consumer education, we require that broadcasters electing Option Two 
complete Form 388 and file it electronically in this docket (07-148) by 
the tenth day of the succeeding calendar quarter, with a copy placed in 
the station's public inspection file by that same date. Because of the 
short remaining duration of the full-power transition period, only a 
limited number of these quarterly reports will be required. The first, 
covering the first quarter of 2008, must be filed no later than April 
10, 2008, and the last, covering a station's final quarter of mandated 
educational efforts, will be filed no later than April 10, 2009 for 
most stations. Stations that are required to continue educational 
efforts beyond March 31, 2009 must also continue to file these 
quarterly reports up to and including the final quarter in which they 
have active educational requirements.
3. Broadcaster Education Option Three
a. Option Three Consumer Education Requirements
    34. This option is open only to noncommercial broadcasters. We find 
that the record also supports permitting some broadcasters to choose to 
comply with our rules by following the alternative plan offered by the 
Association of Public Television Stations. Under this option, a 
broadcaster must air 60 seconds per day of on-air consumer education, 
in variable timeslots, including at least 7.5 minutes per month between 
6 p.m. and 12 a.m. Beginning May 1, 2008, this requirement doubles, and 
beginning November 1, 2008, it increases again, to 180 seconds per day 
and 22.5 minutes per month between 6 p.m. and midnight. The transition 
PSAs must be closed-captioned. These requirements will expire for most 
broadcasters on March 31, 2009. Stations will also 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 prior to February 17, 
2009. This requirement applies separately to its analog channel and its 
primary digital stream. As with broadcasters electing Option One, we 
expect that broadcasters electing Option Three will air these DTV PSAs 
in addition to, and not in lieu of, PSAs on other issues of importance 
to their local communities. Stations are free to use PSAs produced in-
house or provided by outside sources such as NAB or the networks. And, 
as under Option One, these transition PSAs must be closed-captioned.
b. Option Three Reporting Requirements
    35. We also find that the record supports a requirement that 
noncommercial broadcasters electing Option Three electronically report 
their consumer education efforts to the Commission on a quarterly 
basis, and place these reports in the broadcaster's public file, just 
as under Option One. These reports will be made available on the 
Commission's Web site in a centralized, searchable database. For each 
quarter of required consumer education, we require that broadcasters 
electing Option Three complete Form 388 and file it electronically in 
this docket (07-148) by the tenth day of the succeeding calendar 
quarter, with a copy placed in the station's public inspection file by 
that same date. Because of the short remaining duration of the full-
power transition period, only a limited number of these quarterly 
reports will be required. The first, covering the first quarter of 
2008, must be filed no later than April 10, 2008, and the last, 
covering a station's final quarter of mandated educational efforts, 
will be filed no later than April 10, 2009 for most stations. Stations 
that are required to continue educational efforts beyond March 31, 2009 
must also continue to file these quarterly reports up to and including 
the final quarter in which they have active educational requirements.
4. Low-Power, Class A, and Translator Stations
    36. Low-power (LP) broadcast stations are not required to cease 
broadcasting in analog as of February 17, 2009. Although some already 
have or plan to independently transition to digital-only broadcasting, 
many of these stations will continue to broadcast in analog after the 
conclusion of the full-power transition. Thus, many consumers may 
receive some programming in digital and some programming in analog 
after the transition date. Those consumers with analog televisions who 
are reliant on over-the-air broadcasting will need to acquire a digital 
to analog converter box to continue watching television after the 
transition. Recently, concerns have been raised, by the Community 
Broadcasters Association among others, about the fact that the majority 
of Coupon Eligible Converter Boxes (CECBs) certified by NTIA are not 
capable of ``passing through'' analog signals from the antenna to a 
connected set. As a result, LP stations (including Class A and 
translator stations) that continue to broadcast in analog will not be 
viewable to OTA viewers who rely on a converter box, unless they use 
one of the boxes with pass-through capability.
    37. This issue was raised before the Commission after the record in 
this rulemaking had closed, and we therefore do not have a record on 
it. Accordingly, we have an insufficient basis upon which to adopt 
consumer education requirements relating to this issue in the instant 
proceeding. Nonetheless, given that converter boxes are already on the 
shelves of many retailers, and coupons are in the process of being 
mailed to consumers, we recognize the urgency of the problem for those 
consumers who may have difficulty viewing these low power stations. We 
therefore urge all LP broadcasters, but particularly those that plan to 
continue analog-only broadcasting, to immediately begin educating their 
viewers about this issue. For instance, such stations could notify 
their viewers that (1) they are watching a low-power broadcast station 
that,

[[Page 15438]]

unlike full-power stations, may continue to offer analog service after 
February 17, 2009, and (2) viewers who plan to purchase a converter box 
in order to view digital signals should buy a model with analog pass-
through capability in order to continue watching that station. The LP 
station could direct viewers to the NTIA converter box coupon program, 
and in particular the NTIA listing of certified converter boxes. In 
addition, NTIA will mail a list of current coupon-eligible converter 
boxes, noting with an asterisk those that have analog pass-through 
capability, to each household that receives converter box coupons. We 
also urge industry and our private and public sector partners to do 
what they can to educate consumers generally about this situation, and 
to assist in the effort to ensure that no American loses a signal due 
to the transition.

B. Multichannel Video Programming Distributor Customer Bill Notices

    38. We will require that all MVPDs (e.g., DBS carriers, cable 
operators, open video system operators, private cable operators, etc.) 
provide notice of the full-power DTV transition to their subscribers in 
monthly bills or billing notices. To the extent that a given customer 
does not receive paper versions of either a bill or a notice of 
billing, that customer must be provided with equivalent monthly 
transition notices in whatever medium they receive information about 
their monthly bill. The notice must be provided as a ``bill stuffer'' 
or as part of an information section on the bill itself. It must be 
noticeable, and state that on February 17, 2009, full-power analog 
broadcasting will end, and analog-only televisions may be unable to 
display full-power broadcast programming unless the viewer takes 
action. It must also note that viewers can get more information by 
going to https://www.DTV.gov or calling the MVPD at a number provided, 
and more information about the converter box program by going to http:/
/www.dtv2009.gov or calling the NTIA at 1-888-DTV-2009. The notice may 
also, at the MVPD's discretion, provide contact information for the DTV 
Transition Coalition. The message should be provided in the same 
language or languages as the bill, and explain clearly what impact, if 
any, the transition will have on the subscriber's access to MVPD 
service. For example, DBS carriers must provide additional notice to 
all subscribers who do not receive local broadcast signals via 
satellite. This additional notice would explain the steps that these 
subscribers would need to take to continue receiving broadcast signals, 
in particular the necessary steps if the subscriber relies on a tuner 
integrated into the DBS carrier's set-top box. The most important 
information may be to note that sets not connected to an MVPD service 
may need additional equipment (i.e. converter box) or may have to be 
replaced. MVPDs must begin including these monthly notices 30 days 
after the effective date of the rules and must continue including them 
monthly through March 2009. Beginning approximately one year before the 
full-power transition and running through March 2009 ensures that 
subscribers will be exposed to educational messages throughout the 
remainder of the transition, and will have sufficient opportunity to 
act on them.
    39. The Letter suggested that the Commission consider requiring, 
``as a license condition or through customer service or other consumer 
protection or public interest requirements, all multichannel video 
programming distributors (MVPDs) to insert periodic notices in customer 
bills that inform consumers about the digital television transition and 
their customers' future viewing options, with civil penalties for 
noncompliance.'' These notices would go to all MVPD subscribers and 
provide them with information about the full-power transition generally 
and about how it will affect their service specifically. The New York 
State Consumer Protection Board is primarily concerned that MVPD 
subscribers understand what effects, if any, the transition will have 
on their service. The Benton Foundation not only supported this 
proposal, as ``an optimal way to reach consumers that value television 
service,'' but also proposed a requirement that MVPDs run PSAs 
themselves. The National Cable and Telecommunications Association 
states in its comments that the cable industry has not only committed 
to exceed the Commission's proposal, but those of the commenters. The 
cable industry has committed to include DTV transition notices in 
subscriber bills, on a monthly basis beginning in 2008. Indeed, these 
commitments have been made not only to the Commission, but also to the 
Commerce Committees of both the U.S. House of Representatives and the 
U.S. Senate. NCTA argues that, given these commitments, the Commission 
should not impose any requirements for MVPD DTV education efforts.
    40. Of course, we welcome the efforts of NCTA and its members. We 
note, however, that the commitments of NCTA do not bind its member 
cable operators, and that, of course, it does not speak for all MVPDs. 
DIRECTV and EchoStar, while pledging active education efforts both for 
their subscribers and for OTA viewers state that they have no plans to 
provide periodic notices with bills. Verizon, similarly, opposes the 
use of notices in bills, on the grounds that they would be expensive, 
ineffective, and potentially counterproductive. We disagree with 
Verizon because the overall record in this proceeding indicates that 
bill notices would contribute significantly to consumer education 
efforts. Such notices would reach viewers who are engaged with 
television viewing and well positioned both to act on the information 
regarding any OTA sets they may have and to serve as a source of 
information for others.
    41. Several industry commenters object that the Commission does not 
have statutory authority to impose the notice requirement. We conclude, 
however, that we have ancillary authority to adopt notice requirements 
for Multichannel Video Programming Distributors under Titles I, III, 
and VI of the Communications Act of 1934, as amended (``Act''). Courts 
have long recognized that, even in the absence of explicit statutory 
authority, the Commission has authority to promulgate regulations to 
effectuate the goals and provisions of the Act if the regulations are 
``reasonably ancillary to the effective performance of the Commission's 
various responsibilities'' under the Act. The Supreme Court has 
established a two-part ancillary jurisdiction test: (1) The subject of 
the regulation must be covered by the Commission's general grant of 
jurisdiction under Title I of the Communications Act; and (2) the 
regulation must be reasonably ancillary to the Commission's statutory 
responsibilities. The requirements we adopt here regulate the 
disclosure obligations of companies providing services that fall within 
the Commission's jurisdiction under Titles I, III, and VI, advance our 
statutory obligation to promote the digital transition, and serve the 
public interest. We conclude, therefore, that we have ancillary 
jurisdiction to adopt DTV transition notice requirements in this 
proceeding.
    42. For the most part, commenters do not argue that the Commission 
lacks jurisdiction over either the DTV transition or MVPDs. Rather, 
they argue that requiring MVPDs to provide billing notices regarding 
the full-power DTV transition is not reasonably ancillary to our 
authority over either broadcast television or MVPDs. Verizon and NTCA 
both argue that there is no connection between multichannel

[[Page 15439]]

distribution and the full-power broadcast television transition, and 
that this would be a broadcast regulation imposed on parties not 
engaged in broadcasting. On the contrary, MVPDs are an inextricable 
part of the television market. Both DBS and cable have mandatory 
carriage requirements, and all MVPDs have requirements concerning 
retransmission of broadcast signals. Without the stations and viewers 
affected by this transition, MVPDs would be in a very different 
business. The Commission is statutorily obligated to promote the 
orderly transition to digital television, ``a critical step in the 
evolution of broadcast television.'' Further, the Commission is 
authorized to ``make such rules and regulations * * * as may be 
necessary in the execution of its functions,'' and to ``[m]ake such 
rules and regulations * * * not inconsistent with law, as may be 
necessary to carry out the provisions of this Act * * *''
    43. The rules we adopt today advance these statutory mandates and 
serve the public interest. USTA argues that the connection between such 
notices and the Commission's DTV transition authority is weak, because 
``the customers who would receive those notices do not rely on the 
broadcast signals that will cease on the transition date.'' Many of 
those very customers do in fact rely on broadcast signals for at least 
some of the televisions in their homes. Accurate and timely 
communication of the impending change from analog to digital 
transmission is a critical disclosure for all consumers. Not only will 
every DTV-educated consumer accelerate the spread of knowledge about 
the full-power transition, but as described in COAT's comments, many 
MVPD subscribers will in fact be directly impacted by the transition, 
even if only because they have some OTA sets in their home. 
Furthermore, broadcast channels carried on a system will tend to be 
clearer and crisper as a result of the broadcaster switch to digital, 
and every station broadcasting programming in HD, not just those 
carried pursuant to retransmission consent, will be available in HD. As 
discussed above, over half of consumers still are not aware of the 
impending full-power digital transition. Clearly, voluntary industry 
efforts to date have not been sufficient to ensure consumer awareness 
of the upcoming transition to digital television. Such consumer 
awareness is critical to our missions of promoting public safety and an 
orderly digital transition.
    44. Exercising ancillary jurisdiction to adopt DTV transition 
notice requirements for MVPDs is consistent with prior exercises of the 
Commission's authority. The Commission previously relied on its 
authority under the Act and the ACRA to impose an analog-only labeling 
requirement in order to promote the orderly transition to digital 
television. In addition, the Commission recently relied on its 
ancillary jurisdiction in requiring interconnected Voice over Internet 
Protocol (VoIP) service providers to distribute to their subscribers 
stickers or labels warning if E911 service may be limited or 
unavailable, and to instruct subscribers to place them on or near the 
equipment used in conjunction with the interconnected VoIP service. The 
Commission also has numerous other labeling and disclosure requirements 
designed to further its statutory objectives and to protect consumers. 
In sum, therefore, we conclude that we have ancillary authority to 
adopt DTV transition notice requirements for MVPDs.
    45. USTA makes two additional arguments about the limits of our 
ancillary jurisdiction in this case. First, it argues that because NTIA 
was given some express authority over DTV transition education, it 
``creates a strong presumption'' that Congress did not mean for the 
Commission to have any authority in this area at all. On the contrary, 
Congress had no need to give the Commission specific authority over any 
one element of the transition, because as discussed above we have 
general authority to promulgate rules to advance the transition. USTA 
also argues, again almost in passing, that the Commission ``may'' not 
be permitted to exercise ancillary jurisdiction in any manner that 
could be seen as content-related regulation of speech. In support of 
this argument, USTA cites only the 2002 DC Circuit decision that struck 
down the Commission's video description requirements. MPAA v. FCC can 
not, however, be reasonably read to impose such a sweeping rule. The 
Court's decision focuses on the inability of the Commission to rely on 
section 1 of the Act as a source of authority for restricting 
programming content. In this case, section 1 is not the primary source 
of the Commission's authority, and programming content is not at issue. 
More to the point, the MPAA Court pointed to a clear Congressional 
directive that specifically spoke to video description and limited the 
Commission's sphere of authority to the creation of a report. Here, on 
the other hand, Congress has endowed the Commission with general 
authority to prescribe regulations that will ``promote the orderly 
transition to digital television.''

C. Consumer Electronics Manufacturer Notices

    46. We require that parties that manufacture, import, or ship 
interstate television receivers and devices designed to work with 
television receivers (including digital-to-analog converter boxes like 
the NTIA Coupon Eligible Converter Boxes) include information with 
those devices explaining to consumers what effect, if any, the full-
power DTV transition will have on their use. This information must be 
included with all devices shipped, beginning on the effective date of 
these rules, until March 31, 2009. As with the notices included in MVPD 
bills, the information may be in any form preferred by the 
manufacturer. It must be noticeable, contain the minimum information 
about the full-power transition described in paragraph 12, above, and 
explain clearly what impact, if any, the transition will have on the 
use of the device. For example, with receivers with a digital OTA 
tuner, one sufficient form of notice would be a sticker on the outside 
of the packaging that reads: ``Digital Television Transition Notice: 
This television receiver will display over the air programming after 
the end of full-power analog broadcasting on February 17, 2009. Some 
older television receivers may need a converter box to display over the 
air digital programming, but should continue to work as before for 
other purposes (e.g., for watching LPTV, Class A, or translator 
stations still broadcasting in analog, watching pre-recorded movies, or 
playing video games). For more information, please call [the 
manufacturer], go to https://www.DTV.gov, or, for converter box 
information, go to https://www.dtv2009.gov or call the NTIA at 1-888-
DTV-2009.''
    47. As noted above, this requirement applies not only to television 
receivers, but also to electronic devices that are designed to be 
connected to, and are dependent on, television receivers. Notices 
included with these devices, which include DVD players and recorders, 
VCRs, and monitors, must not only provide the basic information about 
the transition. They must also make clear that, after the transition, 
the device will not serve its function, in regard to full-power OTA 
signals, unless connected to a device with a digital tuner.
    48. The Letter suggested that th