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Change in DTV Education Notices to Subscribers

February 13 , 2009
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Under rules adopted by the FCC last year, cable operators and other multichannel video programming distributors (“MVPDs”) have been required to include information about the DTV transition in subscribers’ monthly bills. Among other things, the rules require that subscribers be informed that full-power analog broadcasting will end on February 17, 2009, and that some analog-only television sets may be unable to display full-power analog broadcasting unless the viewer takes action. The rules require MVPDs to include this information in subscriber bills through March 31, 2009.

As you know, Congress has passed, and President Obama has now signed, legislation extending the DTV transition deadline from February 17, 2009 to June 12, 2009. Under new procedures adopted by the FCC, some stations will still stop broadcasting in analog on or before February 17, while other stations will continue their analog broadcasts after that date. With respect to the consumer education rules, we have been informally advised by Commission staff that operators should continue to provide information about the DTV transition in subscriber bills after March 31, 2009 and that the operators should make a good faith effort to update the information provided to reflect the change in the DTV deadline.

With that in mind, we recommend that cable operators, if they have not already done so, take steps to revise the notices that they are sending to subscribers as soon as possible. We also recommend that operators update any information about the DTV transition that they have posted on their websites. A suggested model for operators to use in drafting their updated notices is attached. If and when the FCC adopts specific new language, we will let you know.

We would be pleased to respond to any questions regarding these matters.