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Pressure Builds for Delay in February 17, 2009 DTV Transition Deadline

January 9 , 2009
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Pressure is growing for Congress to enact legislation delaying the scheduled February 17, 2009 completion of the transition from analog broadcast television to digital. Prompted by the recent suspension of the government coupon program due to lack of funds, as well as by concerns about whether there is sufficient inventory of converter boxes available in retail outlets, a number of influential voices have called for an extension of the deadline, starting with representatives of President-elect Obama. Others indicating support for delaying the transition include Consumers Union, former FCC Chairmen Michael Powell and William Kennard, and the big four networks.

While it is likely that Congress will take some action before February 17, 2009, it remains unclear when they will act and what, precisely, will be done. For example, outgoing House Telecommunications Subcommittee Chairman Markey, despite having expressed interest in delaying the transition, reportedly is circulating a bill that keeps the February 17, 2009 deadline, but provides additional funding for coupons. Incoming Subcommittee Chairman Rick Boucher, who has in the past been critical of the handling of the DTV transition, has not indicated what he intends to do. If the deadline is extended, it will have consequences for both broadcasters and cable operators. For example, the current “DTV Consumer Education Rules” requiring cable operators and most broadcasters to provide members of the public with information about the DTV transition on a monthly basis are scheduled to expire at the end of March 2009. If the transition is extended, the FCC would have to modify those rules accordingly. In addition, revisions would have to be made in the required text of the consumer education notices to reflect the change in the transition deadline.

If and when Congress acts with respect to the DTV transition deadline, we will immediately provide you with an update.

Please call us with any questions regarding these issues.