On December 31, the Federal Communications Commission (FCC) released its Order on the Third Periodic Review of the digital television (DTV) transition.

All television stations will be required to report by February 18, 2008, their current transition status, additional steps necessary for digital-only operation upon expiration of the February 17, 2009, transition deadline, and a timeline for making those steps. Upon approval from the Office of Management and Budget (OMB), the FCC will post FCC Form 387on its Web site. Stations must update the form as events warrant and by October 20, 2008 if they have not completed construction.

NAB, along with the Association of Maximum Service Television (MSTV), were successful in advocating for a streamlined process for reduction of service. The FCC provided additional flexibility within 90 days of the February 17, 2009, transition date (i.e., beginning on or after November 19, 2008), by allowing stations to permanently reduce or terminate their analog or pre-transition digital service without prior approval upon notification to the FCC 30 days prior to the planned permanent service reduction or termination. Stations, however, must still comply with a viewer notification requirement.

Additionally, the Order defines the following benchmarks for stations:

• Establishes May 18, 2008, as the construction deadline for stations that will use their pre-transition DTV channel for post-transition operations and already have a construction permit that matches their post-transition (DTV Table Appendix B) facilities.
• Establish August 18, 2008, as the construction deadline for stations that will use their pre-transition DTV channel for post-transition operations but do not have a construction permit that matches their post-transition (DTV Table Appendix B) facilities.
• Establishes February 17, 2009, as the construction deadline for stations building digital facilities based on a new channel allotment in the post-transition DTV Table, i.e., stations that will be returning to their analog channel or moving to a new digital channel for post-transition operations. These stations will not be required to construct a digital facility on their pre-transition DTV channel and will be permitted to forego further construction to the extent such a facility has been partially built.
• Also by February 17, 2009, the Commission set a construction deadline for stations demonstrating that a unique technical challenge, such as the need to reposition a side-mounted antenna, prevents them from completing construction of their final DTV facilities.

The FCC also set stricter standards for granting extensions of time to construct digital facilities for all construction deadlines on or before February 17, 2009. In addition, for construction deadlines occurring February 18, 2009, or later, the Commission will consider such requests under the tolling standard set forth in Section 73.3598(b) of the rules. The FCC will permit stations that are moving to a different DTV channel for post-transition operations to temporarily remain on their pre-transition DTV channel while they complete construction of their final digital facilities, provided: (1) They build facilities that serve at least the same population that receives their current analog TV and DTV service so that over-the-air viewers will not lose TV service; and (2) they do not cause impermissible interference to other stations or prevent other stations from making their transition.

Further, the FCC will permit stations to operate their post-transition facilities, pursuant to special temporary authority (STA), at less than their full, authorized facilities, provided: (1) They demonstrate a unique technical challenge and they can serve at least 85 percent of the same population that receives their current analog TV and DTV service; or (2) A significant technical impediment to the construction of their full, authorized facilities that would not otherwise qualify for an extension of time to construct facilities under the new, stricter standard adopted herein and they serve at least 100 percent of the same population that receives their current analog TV and DTV service so that over-the-air viewers will not lose TV service. In addition, stations must demonstrate that they do not cause impermissible interference to other stations or prevent other stations from making their transition. Stations that cannot serve at least 100 percent of the same population that receives their current analog TV and DTV service must comply with a viewer notification requirement.

Viewer notification requires on-air announcements, at least four times daily (including at least once in primetime) for the 60 day period prior to planned service reduction or termination. The FCC made several other determinations including:

1. Provides stations with the flexibility to permanently reduce or terminate their analog or pre-transition digital service before the transition date, provided the station satisfies the following two requirements: (1) the station demonstrates that its service reduction or termination is directly related to the construction and operation of its, or another station’s, post-transition facilities; and (2) the station notifies viewers on its pre-transition channel(s) about the planned service reduction or termination and informs them about how they can continue to receive the station.
2. Permits stations that are moving to a different DTV channel for post-transition operations to cease operations on their pre-transition digital channels and begin operating on their new channels before the transition date, provided: (1) the early transitioning stations will not cause impermissible interference to another station; and (2) the early transitioning stations continue to serve their existing viewers for the remainder of the transition and commence their full, authorized post-transition operations upon expiration of the February 17, 2009, transition deadline.
3. Expedites processing of stations’ applications to build their post-transition facilities, provided that their application: (1) does not seek to expand the station’s facilities beyond its final DTV Table Appendix B facilities; (2) specifies facilities that are no more than five percent smaller than those specified in the post-transition DTV Table Appendix B (with respect to predicted population); and (3) is filed within 45 days of the effective date of the Order.
4. Lifts the freeze on the filing of maximization applications on August 17, 2008, the date by which we expect to have completed processing stations’ applications to build their post-transition facilities.
5. Adopts a waiver policy that will permit rapid approval of minor (i.e., not exceeding five miles) expansion applications filed by stations that will not use their pre-transition DTV channel for post-transition operation.
6. Adopts a 0.5 percent new interference standard (i.e., only considering interference in addition to that contained in the post-transition DTV Table Appendix B) to apply to applications for post-transition facilities and also to future maximization applications and applications to implement new allotments.
7. Clarifies station identification requirements for digital stations in situations where one of a station’s multicast streams is being used to air programming provided by another broadcast station.

Click here to read the FCC Order. (1MB, MS Word)