Communications Litigation Today was a service of Warren Communications News.

FCC Issues Final Rule With a "Progress Report" on U.S. Transition to Digital Television

The Federal Communications Commission has issued a final rule, effective January 30, 2008,1 which provides a progress report on the U.S. transition from analog to digital television and includes the procedures and rule changes necessary to ensure that broadcasters timely complete their transitions. This summary focuses on the progress report.

(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.)

Highlights of Progress Report on U.S. Transition to DTV

The following are highlights of the FCC's progress report on the U.S. transition to digital television (partial list):

Initiation of DTV tuner mandate. In 2002, to promote the availability of reception equipment and protect consumers by ensuring that their television sets continue to work in a digital environment, the FCC initiated the DTV tuner mandate, with a phase-in period based on screen size to minimize the cost impact on consumers.

DTV tuner mandate accelerated and expanded. In 2005, the FCC accelerated the implementation of the DTV tuner mandate to become effective on March 1, 2007 and expanded the mandate to include television sets less than 13 inches.

Imports, cross-state sales of analog-only TVs, VCRs, etc. banned. Effective March 1, 2007, the FCC banned imports and cross-state sales, including Internet and catalogue sales, of TVs and TV devices (VCRs, video recorders, etc.) without digital tuners.

Consumer alert at point of sale. In April 2007, the FCC adopted an order to require that by May 25, 2007, retailers that continue to sell analog-only television equipment must display a consumer alert at the point of sale that such devices include only an analog tuner and therefore will require a converter box to receive over-the-air broadcast television after the February 17, 2009 transition date.

Subsidized converter boxes available to public. Starting January 2008, the FCC states that all U.S. households are eligible to request up to two $40 coupons to be used toward the purchase of up to two digital-to-analog converter boxes while the initial funds allocated for the subsidy program are available.

Transition period viewability requirements. In September 2007, the FCC adopted rules that will require cable operators from the date of the transition through February 2012 to either: (i) carry digital signals in analog format, or (ii) for all-digital systems, carry the signals only in digital format, provided that all subscribers have the necessary equipment to view the broadcast content.

Proposed national consumer campaign. In July 2007, the FCC issued a proposed rule requesting comment on several proposals relating to consumer education about the DTV transition, including considering the best means of creating a coordinated, national DTV consumer education campaign.

Awareness workshops for most affected communities. Beginning in September 2007, the FCC began holding workshops focused on communities that have been identified as being likely to be disproportionately impacted by the transition and least aware of it (e.g. seniors, minorities and non-English speakers, people with disabilities, low income earners, and those living in rural areas).

1See final rule for additional effective dates.

(See ITT's Online Archives or 12/17/07 news, 07121799 6, for BP summary of a Government Accountability Office report on the digital television transition.

See ITT's Online Archives or 06/08/07 news, 07060815, for BP summary of the FTC's ban of imports and cross-state sales of analog-only TVs, VCRs, etc.

See ITT's Online Archives or 07/29/04 news, 04072915, for BP summary of the first phase of FTC's requirement that all TV receivers include DTV tuners.)

Evan Baranoff (policy)(202) 418-2120
John Gabrysch (engineering)(202) 418-7000

FCC final rule (D/N 07-91; FCC 07-228, FR Pub 01/30/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-1515.pdf