FCC Adopts Digital Television Consumer Education Order

FCC ADOPTS DIGITAL TELEVISION CONSUMER EDUCATION ORDER
[SOURCE: Federal Communications Commission]
Although adopted February 19, the FCC on Monday released an order on digital television transition education efforts. The order requires television broadcasters, cable and satellite TV operators, telecommunications carriers, retailers, and manufacturers to promote awareness of the nation's transition to digital television. The educational efforts of these diverse groups are intended to provide consumers with clear and correct information about the DTV transition. 1) Broadcasters must provide on-air information to their viewers about the DTV transition, and have the flexibility to comply with one of three alternative sets of rules to best serve their widely divergent communities. Broadcasters must report these efforts, on a quarterly basis, to the Commission and the public. 2) Cable and satellite TV operators 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 of the transition's impact on that equipment. 4) DTV.gov partners and winners of the 700 MHz spectrum auction must provide the Commission with regular updates on their consumer education efforts. 5) Telecommunications companies participating in the Low Income Federal Universal Service Program must provide notice of the transition in their monthly customer billing statements to their low income customers and potential customers. 6) FCC will assist the National Telecommunications and Information Agency ("NTIA") in ensuring that retailers are fulfilling their commitment to the converter box program.

* Press release:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280586A1.doc

* Order:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-56A1.doc

* Chairman Martin: "The Commission will continue to take whatever actions are necessary to minimize the potential burden the digital transition could impose on consumers and maximize their ability to benefit from it. The next 12 months will undoubtedly be challenging. Nevertheless, it is my hope that through the combined efforts of government, industry and advocacy groups American consumers will reap the rewards that the digital transition has to offer."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-56A2.doc

* Commissioner Copps: "Today's Order finally adopts many of the suggestions made nine months ago by Chairmen Dingell and Markey regarding steps the Commission could take on its own authority to compel industry DTV consumer education efforts. Unfortunately, one of the most important steps is not something the Commission can compel-the establishment of a federal Inter-Agency Task Force to oversee and coordinate the government's efforts.... Some broadcasters have told me that, yes, they are launching consumer education programs but, no, they haven't coordinated their efforts with other stations in their market. That's a recipe for continued confusion and for leaving some consumers behind. So I continue to believe that a coordinated, private sector-public sector partnership is absolutely essential-it may just be our last best hope for something resembling a smooth DTV transition."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-56A3.doc

* Commissioner Adelstein: "With disappointment, I dissent in part from this item because the majority of my colleagues have refused to agree to prepare a DTV transition report to Congress and the American people with a detailed plan to reach and assist at-risk, over-the-air reliant communities. The Commission's unwillingness to prepare such a report ignores sound management practices, snubs the recommendations of objective expert observers, and, frankly, defies common sense. It perpetuates uncertainty at a time when everyone needs to know and help execute the game-plan. The quarterback needs to let other players know the play to execute; that's the only way this nation will win on February 17, 2009. Unfortunately, the Commission's refusal to prepare a DTV report to Congress is the latest illustration of its stubborn unwillingness to be proactive and to mitigate risks associated with the transition. While oversight hearings and letters from Congress have certainly made us much more engaged, congressional prodding is not a substitute for Commission planning and leadership. The Commission's passive, reactive approach has had real consequences on the DTV transition. It has unnecessarily made the daunting task of executing an under-funded, national transition even more difficult."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-56A4.doc

* Commissioner Tate: "The DTV transition is a unique situation which demands the involvement and attention of the Commission, Congress, and other governmental agencies- federal, state, and local. With only a year to go until the transition, it is imperative that we continue to work together, as industry leaders, regulators, and government officials, to ensure a successful DTV transition. The DTV transition is a massive technological conversion that affects us all. I applaud those broadcasters who are working to ensure that every citizen receives critical news, information, and emergency alerts both before and after the transition, and I encourage others to do the same."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-56A5.doc

* Commissioner McDowell: "When the government mandates speech, as the Commission does today, we must adhere to the principles of the First Amendment and ensure that the requirements are narrowly tailored to advance our interests. Clearly, ensuring a smooth transition from analog to digital broadcasting is a substantial governmental interest. Our order today, however, gives stations a choice between a flexible and creative private sector solution or more regulation. On the other hand, I note my concerns about the First Amendment implications of two parts of our order: first, requiring telephone companies that receive Universal Service funds to provide DTV transition information in the monthly bills of Lifeline/Link-up customers; and second, requiring winning bidders in the currently open 700 MHz spectrum auction to detail what, if any, consumer education efforts they are conducting. In both cases, the nexus between our governmental purpose and the means to achieve that purpose are quite remote."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-56A6.doc

* Dingell, Markey Commend FCC for Releasing Digital Television Consumer Education Plan
Dingell: “I’m pleased the FCC approved a comprehensive consumer education plan for the digital television transition. The DTV transition is one of the most important communications matters facing our nation today, and its success is critical not only for the broadcast industry, but also for public safety. I also applaud Chairman Martin for giving broadcasters some flexibility to determine how best to educate their viewers about the transition. I look forward to the implementation of the Commission’s directive and to working to ensure that all consumers are fully aware of what the transition means for them.”

Markey: "Too many Americans remain unaware of the fact that television signals are going exclusively digital in just a year. The digital transition promises to bring more television programming with better picture and sound quality, but if consumers aren't ready for it, these benefits will be sidelined by the outcry when analog televisions go dark. I commend the FCC for taking action now and implementing this consumer education and outreach plan."
http://energycommerce.house.gov/Press_110/110nr215.shtml

-- More coverage --
* FCC Votes for Government-Mandated DTV Consumer-Education Campaign
http://www.broadcastingcable.com/article/CA6537685.html?rssid=193
* FCC Details DTV Education Requirements
http://www.tvnewsday.com/articles/2008/03/03/daily.18/