On December 24, 2008, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking to implement the Short-term Analog Flash and Emergency Readiness Act of 2008. This Act required the FCC to develop and implement a voluntary program which will provide public safety and DTV related information where technically feasible, of continued analog television service for a period of 30 days after the February 17, 2009 DTV transition date. In the Notice, the FCC identified stations in 136 designated market areas as eligible markets for Nightlight stations.

In joint comments filed on January 5, NAB and the Association for Maximum Service Television, Inc. (MSTV) provided the FCC with an alternative list of stations (click here to see comments and proposed list) that would significantly expand eligibility to ensure the maximum number of Americans can receive the Analog Nightlight program with minimum disruption to digital television reception. NAB also urged the FCC to streamline the application process to ensure maximum broadcaster participation in the voluntary program. By statute, the FCC must complete its Analog Nightlight program by January 15. As such, the FCC has placed the Rulemaking on the agenda for a vote on its January 15 open meeting. NAB strongly encourages all stations that can voluntarily participate in the Analog Nightlight program to do so as part of NAB's comprehensive plan to answer viewer questions that arise at the time of the DTV transition, one that includes contingencies for persons that may not have taken the necessary steps to be prepared by February 17, 2009.