Implementation of Short-Term Analog Flash and Emergency Readiness Act; Establishment of DTV Transition “Analog Nightlight” Program, 4691-4714 [E9-1543]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 74, Number 16 (Tuesday, January 27, 2009)]
[Rules and Regulations]
[Pages 4691-4714]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1543]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 08-255; FCC 09-2]


Implementation of Short-Term Analog Flash and Emergency Readiness 
Act; Establishment of DTV Transition ``Analog Nightlight'' Program

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: With this document, the Commission implements the Short-term 
Analog Flash and Emergency Readiness Act, Public Law 110-459, 122 Stat. 
5121 (2008). The Analog Nightlight Act requires the Commission to 
develop and implement a program by January 15, 2009, to ``encourage and 
permit'' continued analog TV service for a period of 30 days after the 
February 17, 2009 DTV transition date, to the extent technically 
feasible, for the purpose of providing emergency and DTV transition 
information to viewers who may not obtain the necessary equipment to 
receive digital broadcasts by the transition deadline. The Act intends 
to provide short-term assistance to viewers as the nation transitions 
from analog to digital television service. This document adopts the 
policies to implement this Act and the analog nightlight program.

DATES: Effective January 27, 2009.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Kim Matthews, Kim.Matthews@fcc.gov, or Evan 
Baranoff, Evan.Baranoff@fcc.gov of the Media Bureau, Policy Division, 
(202) 418-2120; or John Gabrysch, John.Gabrysch@fcc.gov, of the Media 
Bureau, Engineering Division, (202) 418-7000.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (Order), FCC 09-2, adopted and released on January 15, 2009. 
The full text of this document is available for public inspection and 
copying during regular business hours in the FCC Reference Center, 
Federal Communications Commission, 445 12th Street, SW., CY-A257, 
Washington, DC 20554. These documents will also be available via ECFS 
(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).

Summary of the Notice of Proposed Rulemaking

I. Introduction and Background

    1. The Short-term Analog Flash and Emergency Readiness Act 
(``Analog Nightlight Act'' or ``Act''), Pub. L. 110-459, 122 Stat. 5121 
(2008), requires the Commission to develop and implement a program by 
January 15, 2009, to ``encourage and permit'' continued analog TV 
service for a period of 30 days after the February 17, 2009 DTV 
transition date, to the extent technically feasible, for the purpose of 
providing ``public safety information'' and ``DTV transition 
information'' to viewers who may not obtain the necessary equipment to 
receive digital broadcasts by the transition deadline. This Report and 
Order (``Order'') adopts the requirements to implement the Act.
    2. 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, Public Law 109-171, 120 Stat. 4 (2006) 
(codified at 47 U.S.C. 309(j)(14) and 337(e)).) The Analog Nightlight 
Act is designed to ensure that those consumers who are not able to 
receive digital signals after the DTV transition on February 17, 2009 
will not be left without access to emergency information. The Act is 
also intended to help consumers understand the steps they need to take 
in order to restore their television service. (The analog

[[Page 4692]]

nightlight concept was first used by the broadcasters in Wilmington, 
North Carolina, who volunteered to transition their market on September 
8, 2008. They ceased analog broadcasting on that date but continued to 
broadcast their analog signals for roughly one month, displaying a 
``slate'' describing the transition and where people could obtain 
information about it.) In enacting the Analog Nightlight Act, Congress 
acknowledged that the FCC and others ``have been working furiously'' to 
inform viewers about the transition, but also recognized that there 
will inevitably be some consumers left behind. Congress also recognized 
that when viewers are cut off from their televisions, it is not just a 
matter of convenience but also one of public safety. The concern about 
readiness is especially acute with regard to the nation's more 
vulnerable citizens--such as the poor, the elderly, the disabled, and 
those with language barriers--who may be less prepared to ensure they 
will have continued access to television service.
    3. The Analog Nightlight Act was signed into law on December 23, 
2008. (The Analog Nightlight legislation (S. 3663) was adopted by 
Congress on December 10, 2008 and sent to the President for signature 
on December 12, 2008.) On December 24, 2008, the Commission adopted and 
released a Notice of Proposed Rule Making (``NPRM'') in this 
proceeding. (See Implementation of Short-term Analog Flash and 
Emergency Readiness Act; Establishment of DTV Transition ``Analog 
Nightlight'' Program, MB Docket No. 08-255, Notice of Proposed Rule 
Making, 73 FR 80332 (December 31, 2008). In light of the extremely 
short period of time in which the Commission was directed to implement 
the Act (i.e., the January 15, 2009 statutory deadline), the Commission 
acted quickly to adopt and release the NPRM in order to give interested 
parties a short period of time in which to participate. Although the 
Commission found that there was good cause to dispense with notice and 
comment requirements under the Administrative Procedure Act (``APA'') 
because of this time frame, the Commission nonetheless sought comment 
from interested parties in order to assist in the development of the 
analog nightlight program. The Commission noted the ``urgent necessity 
for rapid administrative action under the circumstances.'') Based on 
consideration of the comments and replies we received, this Report and 
Order adopts an analog nightlight program with practical procedures and 
maximum flexibility for participating broadcasters, consistent with the 
intent of the statute to permit and encourage participation. (A list of 
the comments and reply comments filed in response to the NPRM is 
attached hereto at Appendix B.) Specifically, we expand herein the list 
of stations pre-approved to provide nightlight service, adopt 
streamlined procedures for stations to follow to notify the Commission 
of participation in the nightlight program, and permit the provision of 
limited sponsorship information as part of nightlight programming to 
help stations defray the cost of providing critical nightlight service. 
The decisions made in this Order are guided solely by the goal of the 
Analog Nightlight Act to provide short-term assistance to viewers as we 
transition from analog to digital television service. Accordingly, we 
emphasize that these decisions are not intended to stand as precedent 
for future proceedings involving different circumstances. Nevertheless, 
we find these decisions are appropriate for the unique circumstances 
involved here.
    4. We strongly encourage all eligible stations to participate in 
the provision of a nightlight service to assist consumers during the 
30-day period following the digital transition. The revised, expanded 
list of eligible nightlight stations is attached as Appendix A hereto. 
In addition, we urge any station not listed on the attached Appendix A 
to consider and determine whether it can participate in providing 
analog nightlight service by demonstrating that it will not cause 
harmful interference to any digital station. (We note that the 
Community Broadcasters Association (``CBA''), which is concerned that 
continued occupancy of analog channels will delay the initiation of 
digital service by some Class A and Low Power Television (``LPTV'') 
stations, prefers that the Commission not pressure full power stations 
that prefer not to participate in the nightlight program to change 
their mind and participate, as long as there is at least one full power 
station in each Designated Market Area (``DMA'') that is willing and 
able to participate. While we recognize that some Class A and LPTV 
stations are waiting for analog spectrum to become available so they 
can commence digital service, we believe that our primary goal in 
implementing the Analog Nightlight Act is to ensure widespread 
participation to assist viewers that are unprepared for the transition. 
The nightlight period is short--limited to 30 days--so any delay caused 
to a Class A or LPTV station would be brief.) We also urge stations 
that are unable to provide nightlight service on their own analog 
channel to coordinate with other broadcasters in their service area to 
share the costs of analog nightlight operation to reach their viewers. 
We strongly encourage all stations to work together to ensure that at 
least one station serving each community provides a nightlight service 
to assist that community. As proposed in the NPRM, the station whose 
channel is being used to provide the nightlight service will remain 
responsible for the content of the programming.
    5. The Commission, in conjunction with industry stakeholders, state 
and local officials, community grassroots organizations, and consumer 
groups, has worked hard to increase consumer awareness of the digital 
transition, and these efforts have made a significant impact. (Many 
industry members have been working hard to educate consumers about the 
upcoming transition, including broadcasters, multichannel video 
programming distributors, telecommunications companies, satellite 
providers, manufacturers, and retailers. According to the latest 
Nielsen DTV report, more than 92 percent of U.S. households are aware 
of and prepared, at least to some extent, for the transition.) All of 
our efforts will continue and intensify up to and beyond the transition 
deadline. However, it is inevitable that on February 17, 2009, some 
consumers will be unaware of the transition, some will be unprepared to 
receive digital signals, and others will experience unexpected 
technical difficulties. For those consumers, the analog nightlight 
program adopted by Congress and implemented herein will help to ensure 
that there is no interruption in the provision of critical emergency 
information and will provide useful information regarding the 
transition to help consumers establish digital service.

II. Discussion

A. Duration of the Analog Nightlight Program

    6. We find that the Act authorizes full-power television stations 
to provide analog nightlight service for up to 30 days after the 
February 17, 2009 transition date. Section 2(a) of the Analog 
Nightlight Act states:

    Notwithstanding any other provision of law, the Federal 
Communications Commission shall, not later than January 15, 2009, 
develop and implement a program to encourage and permit, to the 
extent technically feasible and subject to such limitations as the 
Commission finds to be consistent with the public interest and 
requirements of this Act, the broadcasting in the analog television 
service of only the

[[Page 4693]]

public safety information and digital transition information 
specified in subsection (b) during the 30-day period beginning on 
the day after the date established by law under section 3002(b) of 
the [DTV Act] for termination of all licenses for full-power 
television stations in the analog television service and cessation 
of broadcasting by full-power stations in the analog television 
service.

    7. Thus, as required by this Act, our analog nightlight program 
will permit eligible full-power television stations, as defined below, 
to continue their analog broadcasting for a period of up to 30 days 
beginning on February 18, 2009, for the limited purpose of providing 
public safety and digital transition information, as further described 
below. (One commenter proposed that we authorize Class A, LPTV, TV 
translator, and other secondary television stations to participate in 
making public service announcements regarding the DTV transition, and 
make an exception where necessary to any rules that might prohibit 
these stations from making such announcements (e.g., some secondary 
television stations are either prohibited from originating programming 
or restricted in the amount of programming they may originate.) Class A 
and LPTV stations are not prohibited from making such public service 
announcements and we encourage these stations to consider doing so, 
particularly if they serve rural areas that are served by few full-
power stations.) The 30-day period ends at 11:59:59 p.m. local time on 
March 19, 2009. Cohen, Dippell and Everist, P.C. (``CDE'') request in 
their comments that the Commission permit continuation of analog 
service for more than 30 days following the transition deadline in 
special cases. We decline CDE's request as it is contrary to the 
explicit language of the Act.
    8. Although we encourage stations that elect to participate in the 
analog nightlight program to provide nightlight service for the entire 
30-day period provided by the Act, they are not required to do so. The 
Analog Nightlight Act limits the duration of the nightlight service but 
does not specify that the service must be provided for the entire 30-
day period. Consistent with the Act, we find that participating 
stations have the flexibility to provide nightlight service for a 
shorter period of time and terminate service before March 19, 2009. 
However, we urge stations that volunteer to provide nightlight service 
to commit to airing the nightlight programming for at least two weeks, 
as we believe that a minimum period of two weeks is necessary to ensure 
that the information provided by the nightlight service reaches viewers 
who were unprepared for the transition. In addition, we believe that it 
is important for emergency information to remain available to all 
viewers during the 30-day nightlight period wherever possible. We 
require stations that elect to participate in the nightlight program to 
inform us in their notification, as described below, if they are 
planning to cease nightlight service before March 19, 2009.

B. Eligibility for the Analog Nightlight Program

    9. Based on Section 3 of the Act, we conclude, as we proposed in 
the NPRM, that only stations operating on channels 2 through 51 are 
eligible to broadcast in analog pursuant to the Act. Section 3 of the 
Act requires, among other things, that the Commission consider 
``market-by-market needs, based on factors such as channel and 
transmitter availability'' in developing the nightlight program, and 
requires the Commission to ensure that the broadcasting of analog 
nightlight information will not cause ``harmful interference'' to 
digital television signals. In addition, Section 3 prohibits the 
broadcasting of analog nightlight signals on spectrum ``approved or 
pending approval by the Commission to be used for public safety radio 
services'' and on channels 52-69.
    10. We also conclude, as we proposed in the NPRM, that channels 
cannot be used for analog nightlight service if they cause harmful 
interference to digital television signals. (Section 3 also mandates 
that the Commission ``not require'' that analog nightlight signals be 
subject to mandatory cable carriage and retransmission requirements. 
Analog Nightlight Act, Section 3(3).) Therefore, a station that is 
``flashcutting'' on its analog channel to post-transition digital 
operation will not be eligible to use its analog channel for the analog 
nightlight service because to do so would unavoidably interfere with 
its digital service. (As discussed below, a station that is approved 
for a phased transition to remain on its pre-transition digital channel 
may be permitted to use its analog channel for the analog nightlight 
program if doing so does not delay its transition to digital service. 
These circumstances will be evaluated on a case-by case basis.)
1. Stations Initially Determined To Be Eligible
    11. After reviewing the comments received on this issue, we have 
decided that we can increase the number of stations initially 
determined to be eligible for the analog nightlight program. We will 
expand the list of eligible stations, attached as Appendix A, to 
include 826 stations that cover 47 states, the District of Columbia and 
Puerto Rico, and 202 designated market areas (``DMAs''). (The eight 
DMAs without a station pre-approved for nightlight service are: 
Harrisburg-Lancaster-Lebanon-York, PA; Hattiesburg-Laurel, MS; 
Lafayette, IN; Palm Springs, CA; Presque Isle, ME; Providence, RI-New 
Bedford, MA; Springfield-Holyoke, MA; and Toledo, OH. In six of these 
eight DMAs, we have identified at least one station that might be able 
to provide analog nightlight service at reduced power (four stations in 
the Harrisburg-Lancaster-Lebanon-York DMA; one in the Hattiesburg-
Laurel DMA, the Lafayette, IN DMA, and the Palm Springs DMA; two 
stations in the Providence (RI)-New Bedford (MA) DMA and three in the 
Toledo DMA. There are no eligible stations in the Springfield-Holyoke 
DMA because all of them either have an out-of-core analog channel, are 
using their analog channel for digital service, or would interfere with 
a co-channel station, but we believe portions of this market may be 
served by nightlight stations in adjacent markets. In the Presque Isle 
DMA, both stations in the market are using their analog channel for 
digital service, preventing them from providing nightlight service. We 
will continue to explore potential solutions for these markets.) We 
agree with those commenters, including the National Association of 
Broadcasters (``NAB'') and the Association for Maximum Service 
Television (``MSTV''), who advocate that we expand as much as possible 
the list of stations that are pre-approved for nightlight service and 
thus can participate in the nightlight program through a simple 
notification procedure. In developing the list of pre-approved eligible 
stations that we proposed in the NPRM (``NPRM Appendix A''), our 
intention was to be conservative in order to fully protect digital 
signals rather than risk interference. (With respect to Section 3(2), 
in considering interference protection for digital TV stations, we 
developed minimum co-channel and adjacent channel spacing measures and 
presumed that analog stations that are located the specified distance 
or greater from any operating DTV stations would not cause interference 
to signals in the digital television service.) We find that adopting a 
less conservative approach will make it easier for stations to 
participate and thereby further the goal of encouraging widespread 
nightlight service. We also find that the approach set forth below, 
which relies on stations

[[Page 4694]]

to address interference issues in the first instance based on market-
by-market needs, is consistent with the Commission's discretion under 
the Act to provide for nightlight service that furthers the public 
interest. The list in NPRM Appendix A was not intended to be an 
exhaustive list of the stations that may be eligible to participate in 
the analog nightlight program, and we noted that it underestimated the 
stations that could qualify.
    12. Accordingly, we will use the alternative list of pre-approved 
stations provided by NAB/MSTV in their comments, which contains more 
stations than our list in NPRM Appendix A, with some changes as 
discussed below. The NAB/MSTV list was developed by assuming that most 
analog stations now operating on low VHF channels 2-6 should be 
eligible for nightlight operations as there will be relatively few 
digital stations occupying these channels and therefore few chances for 
either co-channel or adjacent channel interference. Like the NPRM 
Appendix A list, the NAB/MSTV list relies on spacing criteria rather 
than individual interference analyses, an approach necessitated by the 
short time available to develop the list. In developing the spacing 
criteria used by the Commission, we assumed that both the analog 
station being studied and DTV stations in the same vicinity are 
operating at maximum power and antenna height allowed under the rules. 
(The maximum transmit antenna height above average terrain (antenna 
HAAT) and power limits for low-VHF (channels 2-6), high-VHF (channels 
7-13), and UHF (channels 14-51) stations are set forth in 47 CFR 
73.622(f). The maximum antenna HAAT allowed for DTV stations on 
channels 2-13 is 305 meters and on channels 14-51 is 365 meters (power 
reductions are required if higher antennas are used), the maximum power 
limits are (1) for low-VHF, 10 kW in Zone I and 45 kW in Zones II and 
III (2) for high-VHF, 30 kW in Zone I and 160 kW in Zone II and (3) for 
UHF, 1,000 kW. Certain stations were allowed to use somewhat higher 
power on their DTV channels in order to replicate their analog 
stations; however, for purposes of this brief 30-day extension of 
analog operation we assume that all stations are operating at power 
levels no higher than the maximum levels in the rules. The minimum 
technical criteria (D/U ratios) for protection of digital television 
signals from interference from analog signals are set forth in 47 CFR 
73.623(c)(2). In developing these spacing measures we also used (1) the 
F(50,90) curves as derived from the F(50,50) and F(50,10) curves in 47 
CFR 73.699, and the DTV service thresholds in 47 CFR 73.622(e), to 
calculate DTV service areas and (2) the analog maximum power and 
antenna height standards in 47 CFR 73.614, and the F(50,10) curves in 
Section 73.699 to calculate analog interference potential.) One 
difference between the lists is NAB/MSTV's application of a uniform 170 
kilometer (km) co-channel spacing standard to expand the list of pre-
approved stations, which is a shorter distance than we used for the 
NPRM Appendix A list. (The minimum spacing measures used in developing 
the NPRM Appendix A list were:

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             Channel band               Zone (see 47 CFR 73.609)          Co-channel minimum  spacing              Adjacent channel minimum  spacing
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2-6 (Low-VHF).........................  1.......................  302 km (188 miles)........................  131 km (81 miles).
2-6 (Low-VHF).........................  2 and 3.................  344 km (214 miles)........................  156 km (97 miles).
7-13 (High-VHF).......................  1.......................  264 km (164 miles)........................  118 km (73 miles).
7-13 (High-VHF).......................  2 and 3.................  308 km (191 miles)........................  149 km (93 miles).
14-51 (UHF)...........................  1, 2 and 3..............  283 km (176 miles)........................  134 km (83 miles).
--------------------------------------------------------------------------------------------------------------------------------------------------------

We presumed that meeting geographic spacing measures, which vary by 
channel band and Zone, would ensure that analog stations that are 
located the specified distance or greater from any operating DTV 
stations would not cause interference to signals in the digital 
television service. We also assumed that viewers would orient their 
antennas toward the desired DTV station and away from an analog station 
in a neighboring or distant market so that the front-to-back reception 
ratio of a user's antenna would be 10 dB at low-VHF, 12 dB at high VHF 
and 14 dB at UHF as indicated in the DTV planning factors set forth in 
our OET Bulletin No. 69 (OET-69).) We further assumed that an analog 
station would not cause interference to a co-located adjacent channel 
digital station, i.e., a digital station within 5 km (3 miles), while 
NAB/MSTV allows for co-location within 20 km. (We also did not apply 
adjacent channel protection between channels 4 and 5, channels 6 and 7 
and channels 13 and 14 as those channels are not adjacent in the 
frequency spectrum. NAB/MSTV also used a minimum spacing of 90 km to 
stations not located within 20 km.) With respect to the Act's 
requirement regarding the protection of public safety land mobile 
operations on channels 14-20, both our list and that of NAB/MSTV used 
the Commission's existing geographic spacing criteria to ensure that 
pre-approved eligible analog nightlight stations will not cause 
interference to land mobile operations in the TV bands. (Public safety 
services operate in the TV bands in 13 metropolitan areas on channels 
in the range of 14-20 (470-412 MHz) that have previously been 
identified in each area. See 47 CFR 73.623(e) for the list of land 
mobile communities and channels. Public safety services operate on 
specified channels in the TV bands as part of the Private Land Mobile 
Radio Service (PLMRS), see 47 CFR 90.303(a). PLMRS base stations on 
these channels must be located within 80 kilometers (50 miles) of the 
center of the cities where they are permitted to operate on channels 
14-20 (470-512 MHz), and mobile units may be operated within 48 
kilometers (30 miles) of their associated base station or stations. 
Thus, mobile stations may be operated at up to 128 kilometers (80 
miles) from the city center, see 47 CFR 90.305.)
    13. While NAB/MSTV acknowledges that its list may be more likely to 
result in interference at the outer edges of a DTV station's service 
area during the temporary 30-day nightlight period, it argues this 
result should be balanced against the need for DTV and emergency 
information throughout a station's market. NAB/MSTV notes that, while 
its priority generally is to protect digital stations from 
interference, in this proceeding, ensuring that as many stations as 
possible have the opportunity to provide nightlight service is vitally 
important. As stated above, we agree that a less conservative, more 
balanced approach than that proposed in the NPRM is warranted and would 
be consistent with the requirements of the Act, and we conclude that 
use of NAB/MSTV's list of pre-approved stations, with the modifications 
described below, will serve the public interest.

[[Page 4695]]

    14. The revised list of stations pre-approved for nightlight 
service in Appendix A includes most of the stations listed on Appendix 
A to the NPRM, plus most of the stations on the NAB/MSTV list. 
(Consistent with the statute, the NPRM Appendix A and Appendix A 
adopted herein include only those stations that operate on analog 
channels 2-51. The NAB/MSTV list also includes only these stations.) We 
are excluding four stations that are not presently broadcasting. (The 
four stations are KYUK-TV, Bethel AK; 960703KK, Price UT; New34, 
Senatobia MS; and 960920LX, Tupelo MS. Bethel Broadcasting, Inc. filed 
comments on behalf of KYUK noting that the station was erroneously 
listed in the NPRM Attachment A.) NAB/MSTV did not include in their 
list stations that have requested and received permission from the 
Commission to remain on their pre-transition DTV channel after the 
February 17, 2009 transition date pursuant to the ``phased-transition'' 
relief provisions adopted in the Third DTV Periodic Report and Order 
and that were listed on the NPRM Appendix A. These stations' analog 
channels will be available for nightlight service and, accordingly, we 
have retained them in Appendix A, as adopted here. In addition, we have 
added to the NAB/MSTV list 12 stations (indicated in Appendix A in 
column I with an asterisk (*)) that our analysis indicates may operate 
with contour protection equivalent to that described in the NPRM. (In 
order to improve the accuracy of the initial analysis upon which the 
Appendix A list in the NPRM was based, we generated a revised list of 
eligible stations that were determined using spacing criteria for the 
individual station power levels and heights above average terrain using 
the appropriate propagation curves. As with the initial list, the 
spacing distances were calculated such that the interfering contour of 
the candidate analog station did not overlap the protected noise-
limited contour of any potentially-affected DTV station. This improved 
analysis removed some stations that were on the Appendix A list in the 
NPRM, namely stations having facilities in excess of the maximum power 
and height specified in our rules for either the candidate analog 
station or the protected DTV station. This improved analysis also added 
to the list some stations that have facilities less than the maximum 
power and height specified in our rules. The resulting revised list 
contained about 360 stations, but did not significantly increase the 
number of DMAs that would have access to nightlight service. This 
revised list was compared with the list of stations submitted by NAB/
MSTV, and all but 12 of the stations on our revised list also appeared 
on the NAB/MSTV list. Those 12 stations were added to the NAB/MSTV list 
to produce the list shown in Appendix A herein; those stations are 
indicated on that list by an asterisk.) Appendix A identifies those 
stations that have already indicated to the Commission that they are 
interested in providing nightlight service (see column K).
    15. We have also identified in Appendix A hereto the stations that, 
while they are pre-approved to provide nightlight service, may pose a 
greater risk of interference to digital stations under the less-
conservative spacing methodology used to derive the Appendix A. These 
stations are identified by an asterisk in the column J headed ``short 
spaced.'' We note that NAB/MSTV state that, if interference were to 
occur, it can be easily identified and corrected by having the 
Nightlight stations reduce power. In this regard, we are continuing to 
perform analyses to identify any potential significant interference 
problems and will work with broadcasters to mitigate any such 
interference. In the meantime we urge these stations to consider 
providing nightlight service, but we also ask that they consider 
whether reducing their analog signal strength to mitigate possible 
interference to DTV stations can be done without significantly 
affecting the population receiving nightlight service. For example, if 
there are already several stations in the market providing nightlight 
service, it may be preferable for a station whose nightlight operation 
is short-spaced to support the service provided by other stations in 
the market rather than itself broadcasting an analog signal. If, 
however, a station listed in Appendix A that is short-spaced is the 
sole station that can provide nightlight service in a community, we 
urge that station to consider providing the service with reduced power 
so as to avoid harmful interference to digital stations.
    16. Consistent with the Act and the public interest, we encourage 
stations to make these initial determinations on their own after 
considering circumstances in their local market area and in 
consultation with other stations. (This approach is consistent with the 
Act's directive that the Commission take into account market-by-market 
needs in developing the nightlight program.) Stations that decide to 
participate in the analog nightlight program using reduced analog power 
should so indicate in their notification to us. Stations that decide to 
reduce power after commencing provision of the nightlight service, 
likewise, must notify us of their power reduction via the notification 
process described below.
    17. The Commission ultimately reserves the right to rescind any 
station's authority to provide analog nightlight service, including the 
authority of any station listed on Appendix A. Among other things, we 
will weigh the benefits of the 30-day nightlight service against the 
interference caused to post-transition digital service in making any 
such determination. We will rescind the authority of any station's 
analog nightlight transmission that results in a valid complaint of 
harmful interference. (Although we urge stations to work together to 
resolve any concerns regarding interference, complaints that cannot be 
resolved may be sent by e-mail to nightlight@fcc.gov.)
2. Other Stations That May Meet Eligibility Requirements
    18. As we proposed in the NPRM, we will permit broadcasters whose 
stations are not listed in Appendix A and who are interested in 
providing nightlight service to submit engineering and other 
information to demonstrate why they believe they meet the criteria 
identified in the Act and the requirements we adopt here. We recognize 
that there are many analog stations that are currently operating close 
to digital stations without causing interference. In such cases, 
interference is avoided by stations operating at less than the maximum 
allowed technical facilities, terrain features, or other conditions 
affecting propagation. These stations may notify us through the 
Engineering STA process described below and explain how they could 
operate without causing harmful interference to nearby digital 
station(s). Such explanations may consist of analyses using the methods 
in OET-69 or other recognized methodologies for evaluating TV station 
interference. We anticipate that we will be able to rely on the 
submissions we receive and public review to identify stations that may 
pose a problem. As we stated in the NPRM, we delegate to the Media 
Bureau authority to address expeditiously issues that may arise 
associated with this process and to authorize additional stations to 
participate.
    19. In the NPRM we proposed to permit a station not listed in 
Appendix A to provide nightlight service if the station would cause no 
more than 0.1 percent new interference to a digital station in addition 
to that reflected in the DTV Table Appendix B. (After February 17, 
2009, any interference

[[Page 4696]]

from a full power analog station to a post-transition digital signal 
will be treated as new interference. The details of each station's DTV 
(post-transition) channel assignment, including technical facilities 
and predicted service and interference information, are set forth in 
the Appendix B to the final order in the DTV Table proceeding, MB 
Docket No. 87-268 (``DTV Table Appendix B'').) We also proposed that, 
in areas where there is no station listed as eligible in Appendix A or 
that would meet the 0.1 percent interference standard, we will permit a 
station to cause up to, but no more than, 0.5 percent new interference 
to a digital station in addition to the interference included in DTV 
Table Appendix B. (For purposes of this discussion, an ``area'' means a 
viewing area, which may be a city, county, community, market, DMA, or 
other geographic area in which people receive over-the-air television 
service. Stations seeking to participate under this standard should 
make their argument and basis for inclusion clear in their STA 
submission.) Because we have adopted a more expansive list of pre-
approved nightlight eligible stations herein, we find that it is 
appropriate to also be more flexible with respect to stations that are 
not listed in Appendix A but that wish to provide nightlight service. 
Accordingly, we will not require stations that wish to provide 
nightlight service but are not listed in Appendix A to demonstrate that 
they meet the proposed 0.1 percent new interference standard. Instead, 
these stations should demonstrate in their Engineering STA how they 
plan to provide nightlight service and how they plan to minimize 
interference to affected stations by, among other things, reducing 
analog power. We urge broadcasters not listed in Appendix A who desire 
to participate in the nightlight program to contact affected stations 
to try to reach an agreement on how nightlight service can be provided 
without causing harmful interference to digital stations. If there are 
already several stations in the market providing nightlight service, it 
may be prudent that a station not listed in Appendix A, and whose 
nightlight operation would cause interference to a digital station, to 
elect not to provide nightlight service but instead cooperate with the 
service provided by other stations in the market. If, however, a 
station not in Appendix A that desires to provide nightlight service 
would be the sole participant in its service area, we urge that station 
to try to come to an agreement with stations that could be affected by 
nightlight service on how the nightlight service can be provided 
without causing harmful interference. We ask stations to make these 
initial efforts to reach an agreement on their own after considering 
circumstances in their local market area and in consultation with other 
stations. As noted above, we reserve the right to rescind, at any time, 
any station's authority to provide analog nightlight service.

C. Notifications to the Commission of Program Participation

    20. We adopt a streamlined process for stations to notify us of 
their intent to participate in the analog nightlight program. In 
addition, we take the other steps discussed below to facilitate 
participation in the analog nightlight program. Notification by 
stations of participation is critical for three reasons. First, the 
Commission and the public need to know which stations are participating 
to help ensure the widest possible coverage of the nightlight service. 
By identifying the areas that will be covered, we can determine which 
areas will rely more heavily on other sources of continuing transition 
information, including radio broadcasts and local newspapers. Second, 
in the event of interference, the list of participants will help the 
Commission and local stations to determine whether a nightlight 
participant is the source of the interfering signal. Third, as 
described below, stations participating in the analog nightlight 
program will be granted an extension of their analog broadcast license 
for the limited purpose of providing this service. Stations must notify 
us of their participation in order to be included on the list and be 
eligible for this blanket extension.
    21. In response to the concerns expressed by a number of commenters 
regarding the notification procedures we proposed in the NPRM, we adopt 
revised procedures to make participation easier and to reduce the time 
and costs potentially associated with notification. (NAB/MSTV supported 
expanding the list of pre-approved nightlight eligible stations in part 
to reduce the number of stations that would be required to submit 
additional engineering documentation in order to provide nightlight 
service.) First, we note that, by expanding the list of stations pre-
approved as eligible to participate in the analog nightlight program, 
we have increased the number of stations that may simply notify the 
Commission of their intent to participate without providing any 
additional engineering information. This will simplify program 
participation for many stations. Second, as described below, we will 
permit pre-approved eligible stations identified in Appendix A to 
notify us of their participation in the analog nightlight program by 
either filing a Legal STA or by simply sending us an e-mail. The option 
of using an e-mail will make notification easier for stations that 
choose to use this method to announce their intention to participate. 
Stations that are not listed in Appendix A must file an Engineering STA 
if they wish to participate. Third, we will not require stations that 
elect to participate in the nightlight program to file an update to 
their Transition Status Report (FCC Form 387). Several commenters 
advocated eliminating this proposed requirement, and we agree.
1. Notifications by Pre-Approved Eligible Stations
    22. We will permit pre-approved eligible stations identified on 
Appendix A to notify us of their participation in the analog nightlight 
program by either filing a Legal STA electronically through the 
Commission's Consolidated Database System (``CDBS'') using the Informal 
Application filing form or by sending an e-mail to nightlight@fcc.gov. 
Stations must inform us about their decision to participate in the 
program no later than February 10, 2009. This deadline will allow us to 
determine where the analog nightlight service will be available, which 
may influence our determination of whether to make additional stations 
eligible. We will not require an engineering or other showing from 
these stations and, as indicated in the NPRM, we will waive the fee for 
these notifications.
    23. While we encourage stations to file a Legal STA through CDBS so 
that information about their participation in the analog nightlight 
program is readily available both to the Commission and the public, we 
realize that this filing procedure may be burdensome to some stations, 
especially small broadcasters, and could deter these stations from 
participating in the analog nightlight program. Accordingly, stations 
may simply provide notification by sending an e-mail message to the 
Commission at nightlight@fcc.gov. The e-mail should include the 
following information: (1) Name, title, phone number, and, if 
available, e-mail address and mobile telephone number of sender; (2) 
licensee name; (3) FCC Registration Number (FRN); (4) Facility 
Identification Number; (5) call sign; (6) city and state; (7) analog 
and digital channel numbers; and (8) name, title, phone number and, if 
available, e-mail address and mobile telephone number of a contact 
person (if different from sender) who can provide

[[Page 4697]]

more information about the station's participation in the analog 
nightlight program. The e-mail should also provide information about 
the station's planned analog nightlight service, including whether the 
station plans to participate at reduced analog power, as well as the 
period of time analog nightlight service will be provided (if service 
will be discontinued before March 19, 2009). Stations that reduce power 
during their period of nightlight service should also notify the 
Commission of this change, either by filing another Legal STA or by 
sending an e-mail to nightlight@fcc.gov. The information provided in 
the e-mails will be entered into CDBS so that it will be available to 
the public.
    24. The Media Bureau will announce publicly (by issuing a public 
notice and/or by posting a list on the Commission's Web site) those 
stations that have indicated their participation in the analog 
nightlight program via an e-mail notification. (We note that filings 
via CDBS are available to the public and interested parties, but e-mail 
notifications are not otherwise publicly available.) We note that NAB/
MSTV has offered to coordinate with the Commission to assemble a 
complete list of the participating stations in Microsoft Excel or other 
searchable format, and we will post the list on the DTV.gov Web site.
2. Requests for Program Participation With Eligibility Showings
    25. As proposed in the NPRM and discussed above, we will permit 
stations that are not listed in Appendix A to request participation in 
the analog nightlight program by filing an Engineering STA notification 
electronically through CDBS using the Informal Application filing form. 
(We will not accept this type of notification via e-mail.) Stations 
must file these Engineering STA notifications no later than February 3, 
2009. This deadline will allow the Commission, the public, and 
interested parties an opportunity to review and evaluate these 
requests. The Media Bureau will announce by public notice those 
stations that have filed a request to participate in the program. (The 
public notice will set forth a brief period of time within which an 
objection based on interference may be filed and will describe the 
expedited process for filing such objections.) In their Engineering 
STAs, stations should demonstrate how they plan to provide nightlight 
service while avoiding harmful interference to affected stations (e.g., 
due to intervening terrain or by reducing analog power). Stations with 
requests that are not subject to any pending objection will be 
considered eligible to participate in the program and will qualify for 
the blanket license extension discussed below. As noted above, the 
Commission reserves the right to require stations to cease or reduce 
analog nightlight service, in the event there are valid complaints of 
interference to DTV stations or other statutorily protected operations.

D. Analog License Extension for Participating Stations

    26. As we proposed in the NPRM, we hereby grant a blanket extension 
of license to broadcasters who are eligible to participate in the 
analog nightlight program and notify the Commission as required of 
their intent to operate analog nightlight service for a period of up to 
30 days after February 17, 2009, i.e., until and including March 19, 
2009. Television broadcast licenses currently contain the following 
language concerning analog service:

    This is to notify you that your application for license is 
subject to the condition that on February 17, 2009, or by such other 
date as the Commission may establish in the future under Section 
309(j)(14)(a) and (b) of the Communications Act, the licensee shall 
surrender either its analog or digital television channel for 
reallocation or reassignment pursuant to Commission regulations. The 
Channel retained by the licensee will be used to broadcast digital 
television only after this date.

    27. After stations have notified the Commission of their intention 
to provide nightlight service, and after stations and the public have 
had an opportunity to object to any notifications filed by stations not 
listed in Appendix A, the Media Bureau will issue a public notice prior 
to the transition date announcing those stations that are participating 
in the analog nightlight program. The Media Bureau will update that 
public notice later, if necessary. The Media Bureau's public notice 
will establish the right of those licensees whose stations are 
identified in the public notice to continue to operate their stations 
in analog on their analog channels solely for the purpose of providing 
the analog nightlight service as described in this Report and Order. 
Notification of participation pursuant to the requirements adopted in 
this Report and Order is necessary for a participating station to 
qualify for the blanket license extension.

E. Permissible Analog Nightlight Programming

    28. We find that the Analog Nightlight Act authorizes the broadcast 
of only emergency information, information regarding the digital 
television transition, and the related sponsorship information set 
forth below. Section 2(b) of the Act describes the programming that 
stations will be permitted to broadcast during the nightlight period. 
That section states that the nightlight program shall provide for the 
broadcast of:
    (1) Emergency information, including critical details regarding the 
emergency, as broadcast or required to be broadcast by full-power 
stations in the digital television service (Section 4 of the Act states 
that the term ``emergency information'' has the same meaning as that 
term has under Part 79 of the FCC's rules);
    (2) Information, in both English and Spanish, and accessible to 
persons with disabilities, concerning--
    (A) The digital television transition, including the fact that a 
transition has taken place and that additional action is required to 
continue receiving television service, including emergency 
notifications; and
    (B) The steps required to enable viewers to receive such emergency 
information via the digital television service and to convert to 
receiving digital television service, including a phone number and 
Internet address by which help with such transition may be obtained in 
both English and Spanish; and
    (3) Such other information related to consumer education about the 
digital television transition or public health and safety or 
emergencies as the Commission may find to be consistent with the public 
interest.
    29. Consistent with the explicit language of the Act, with the 
exception of the limited sponsorship information that we will permit 
(as set forth below) we conclude that nightlight programming may convey 
only emergency information and information regarding the digital 
transition. As we stated in the NPRM, the Act does not contemplate the 
provision of other programming that is unrelated to these two 
categories. Thus, we deny the request made by CDE that the Commission 
permit, under unique circumstances, analog service to continue after 
the transition with regular programming aired during the majority of 
the broadcast period in addition to public safety and DTV transition 
information. (Other commenters that addressed this issue agreed that 
nightlight programming should be limited to transition-related and 
emergency programming.) DTV transition information should be available 
in both English and Spanish, and all nightlight information should be

[[Page 4698]]

accessible to persons with disabilities. We encourage participating 
stations to provide the information in additional languages where 
appropriate and beneficial for their viewers. One commenter asked 
whether station identification will be required for nightlight 
stations. We conclude that nightlight stations should comply with 
station identification requirements to ensure that the source of the 
programming is readily identifiable. In addition, we expect stations 
that provide nightlight service to maintain the same hours of operation 
that were in effect on their analog channel prior to the transition 
deadline.
    30. We also tentatively concluded in the NPRM that the Act does not 
contemplate the provision of advertisements as part of nightlight 
programming. After further consideration of this issue, we conclude 
that the provision of limited sponsorship information as part of 
nightlight programming is consistent with the Act and will be permitted 
to help stations defray the cost of providing nightlight service.
1. Emergency Information
    31. In the event of an emergency situation during the 30-day analog 
nightlight service period, stations may broadcast video and audio 
programming with emergency information, including but not limited to a 
crawl or text describing the emergency and live or taped action 
regarding the emergency. Licensees providing emergency information must 
make that information accessible to persons with disabilities under 47 
CFR 79.2. We also conclude that the Emergency Alert System (``EAS'') 
applies to the analog nightlight service if an emergency arises during 
the 30-day time frame. EAS ``provides the President with the capability 
to provide immediate communications and information to the general 
public at the National, State and Local Area levels during periods of 
national emergency,'' and, in addition, ``may be used to provide the 
heads of State and local government, or their designated 
representatives, with a means of emergency communication with the 
public in their State or Local Area.'' (Part 11 of the Commission's 
rules describes the required technical standards and operational 
procedures of the EAS for TV broadcast and other stations. As noted, in 
addition to compliance with EAS standards the Commission requires TV 
broadcast stations that provide emergency information to make the 
critical details of that information accessible to people with hearing 
and visual disabilities.)
    32. For implementation of the analog nightlight, ``emergency 
information'' is as defined in part 79 of our rules. (47 CFR 79.2(a)(2) 
defines emergency information as follows:

    Information about a current emergency, that is intended to 
further the protection of life, health, safety, and property, i.e., 
critical details regarding the emergency and how to respond to the 
emergency. Examples of the types of emergencies covered include 
tornadoes, hurricanes, floods, tidal waves, earthquakes, icing 
conditions, heavy snows, widespread fires, discharge of toxic gases, 
widespread power failures, industrial explosions, civil disorders, 
school closings and changes in school bus schedules resulting from 
such conditions, and warning and watches of impending changes in 
weather.

The note to paragraph (a)(2) reads: ``Critical details include, but are 
not limited to, specific details regarding the areas that will be 
affected by the emergency, evacuation orders, detailed descriptions of 
areas to be evacuated, specific evacuation routes, approved shelters or 
the way to take shelter in one's home, instructions on how to secure 
personal property, road closures, and how to obtain relief 
assistance.'' In addition, we include Amber Alerts as emergency events 
pursuant to the Commission's EAS rules.
    33. In its reply comments, NAB/MSTV state that, while they are in 
full agreement that nightlight stations should provide emergency 
information, stations may face some practical implementation problems, 
particularly with respect to communicating late-breaking emergency 
information. NAB/MSTV note that, if there is late breaking emergency 
information, the only effective means of communicating the emergency 
information from the studio to the nightlight station may necessitate 
using the station's digital transmission, which could result in 
broadcasting the station's standard news and emergency programming may 
be broadcast over the nightlight station, including traditional 
programming and commercials.
    34. In establishing rules providing for the analog nightlight 
emergency service, we seek to support broadcasters' efforts to provide 
EAS and other emergency information to their viewers during the limited 
30-day nightlight service window. While the Act permits nightlight 
stations to broadcast only emergency and DTV transition-related 
information, and does not permit the broadcast of standard programming 
and commercials, we recognize that flexibility may be required during 
this limited 30-day window to ensure that nightlight stations provide 
critical emergency information. (As discussed below, we conclude that 
limited sponsorship announcements are permitted as part of nightlight 
programming.) Thus, while nightlight stations must provide only DTV 
transition-related and emergency information pursuant to the Act, if a 
circumstance arises that requires other programming to be transmitted 
for a limited period of time in order that the emergency information 
can be provided in a timely manner, we will not be inclined to sanction 
the broadcaster for violation of the Act. We limit this flexibility to 
those circumstances where, for technical reasons, other programming 
must be transmitted in order to transmit emergency information, and 
only for the period of time necessary to adequately convey the 
emergency information to viewers. (Our flexibility in this regard only 
applies to those programming segments containing the emergency 
information. For instance, if emergency information were being provided 
solely during a specific portion of a newscast, other portions of the 
newscast should not be transmitted.)
2. Transition Information
    35. With respect to the digital television transition, as proposed 
in the NPRM we conclude that stations airing a nightlight signal may 
broadcast any information that is relevant to informing viewers about 
the transition and how they can continue to obtain television service. 
(Commenters that addressed this issue generally supported giving 
stations flexibility regarding the DTV transition-related information 
they can display.) Examples of the kind of information a station may 
want to air include, but are not limited to: General information about 
the transition; information about how viewers can receive digital 
signals; information about the circumstances related to the DTV 
transition in the station's market; answers to commonly asked questions 
and other useful information (e.g., how to re-position an antenna, 
install a converter box, or rescan for new channels); where viewers can 
obtain more information about the transition, including national or 
local call centers, converter box manufacturer help lines, a telephone 
number and Web site address for local stations in the community, and 
any other local sources of transition information and assistance; 
information about the DTV converter box coupon program; and information 
or links to other Web sites containing DTV information, including the 
Federal Communications Commission (``FCC''), National Association of 
Broadcasters (``NAB'') and National

[[Page 4699]]

Telecommunications and Information Administration (``NTIA'').
    36. Section 2(b)(2) of the Act provides for the broadcast of 
information, ``in English and Spanish and accessible to persons with 
disabilities,'' concerning the digital transition and certain other 
information. We conclude that such information must be captioned to 
assist persons with hearing disabilities, and may be made available in 
either open or closed captioning. In addition, such information must 
not only be accessible to individuals who are deaf and hard of hearing, 
but also to individuals who are blind or have low vision. This may be 
achieved through open aural description of the critical aspects of the 
transition information that is appearing on the screen. In addition, as 
the Act provides, the analog nightlight information should include a 
telephone number and Internet address by which help with the transition 
may be obtained in both English and Spanish. This information must also 
be made accessible. We urge stations to consider broadcasting 
information in additional languages, consistent with the needs of their 
particular viewing audience.
    37. The analog nightlight information may be aired using a 
``slate'' with text and audio of the text or other DTV information, as 
well as information, if necessary describing the steps viewers must 
take to obtain emergency information. Participants in the analog 
nightlight program may also air a video loop with audio, or broadcast 
live action with audio format, or any combination thereof. (Stations 
choosing a video loop format may use the FCC's educational video 
showing how to install a converter box. See https://www.dtv.gov/video_
audio.html.) Additional formats of the video are available upon 
request. We note that during the early transition in Wilmington, NC, 
stations used a slate to provide nightlight service. The text of the 
``slate'' consisted of the following: ``At 12 noon on September 8, 
2008, commercial television stations in Wilmington, North Carolina 
began to broadcast programming exclusively in a digital format. If you 
are viewing this message, this television set has not yet been upgraded 
to digital. To receive your television signals, upgrade to digital now 
with a converter box, a new TV set with a digital (ATSC) tuner or by 
subscribing to a pay service like cable or satellite. For more 
information call: 1-877-DTV-0908 or TTY: 1-866-644-0908 or visit 
www.DTVWilmington.com.'') NAB has also recently announced that it will 
produce and distribute a brief DTV educational video that stations can 
air as part of the analog nightlight program.
3. Sponsorship Information
    38. In the NPRM we tentatively concluded that advertisements would 
not be permitted to be included in the analog nightlight program. 
However, after further consideration, we conclude that permitting 
limited mention of sponsors to encourage stations to provide nightlight 
service and to defray the cost is appropriate and consistent with the 
Analog Nightlight Act. Accordingly, we will permit stations providing 
nightlight service to include brief announcements identifying sponsors 
that have made financial or other contributions to the nightlight 
service, including commercial entities such as retailers and 
manufacturers. According to NAB/MSTV, these contributors might include 
other stations in the market that are not themselves providing 
nightlight service, multichannel video programming distributors 
(``MVPDs''), local municipalities, retailers, or other entities. 
Consistent with the Analog Nightlight Act provisions discussed below, 
the sponsorship announcements should be very brief and should not 
interfere with or obscure the DTV or emergency-related information 
being provided. For example, a brief statement at the bottom of the 
screen that: ``this programming is paid for, sponsored, or furnished by 
X'' would be appropriate under the Analog Nightlight Act and would 
fulfill any applicable sponsorship identification requirements. The 
sponsorship information may be visual or aural. If stations use a 
visual identification, however, the visual identification should only 
remain on the screen for as long as necessary to provide a reasonable 
identification. Keeping a visual identification, such as a corporate 
logo or ``bug,'' on the screen throughout the sponsored programming 
might violate the Act's limitation of programming to only public 
safety, digital transition and information related to consumer 
education about the digital transition that is consistent with the 
public interest.
    39. We agree with those commenters who argued that the Analog 
Nightlight Act can be interpreted to permit stations to provide 
sponsorship information in order to help defray the cost of providing 
nightlight service. Section 2(a) of the Act directs the Commission to 
implement a nightlight program ``subject to such limitations as the 
Commission finds to be consistent with the public interest and the 
requirements of this Act * * *.'' Section 3 of the Act lists the 
explicit ``limitations'' of the nightlight program, none of which 
addresses programming. Section 2(a) of the Act permits ``the 
broadcasting in the analog television service of only the public safety 
information and digital transition information specified in subsection 
(b) * * *.'' Sections 2(b)(1) and (2) require the Commission to provide 
for the broadcast of specified information (i.e., emergency information 
and information relating to the digital television transition) and 
Section 2(b)(3) allows the broadcast of ``such other information 
related to the digital transition * * * as the Commission may find to 
be consistent with the public interest.''
    40. We find that the mention of the sponsor or source of the 
information related to consumer education about the digital transition 
is ``related'' information within the meaning of Section 2(b)(3). We 
also believe that permitting the broadcast of limited sponsorship 
information will increase the number of stations that volunteer to 
provide critical nightlight service and thus would further the public 
interest in facilitating the transition to digital television. In this 
regard, NAB/MSTV states that maintaining analog service during the 
nightlight period could cost stations between $3,500 to over $15,000 
per station, while the state broadcasters associations estimate the 
cost, including electricity, production and other costs, will range 
from $10,000 to $20,000 per station for the 30-day nightlight period. 
APTS states that the Public Broadcasting Service has estimated that 
public television stations spend $3 million per month just in 
electricity costs to provide analog service, a cost they had planned to 
shed a