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FCC Announces Revised DTV Consumer Education Requirements for Cable

February 23 , 2009
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The FCC has adopted revised DTV consumer education requirements reflecting the extension of the transition deadline from February 17, 2009 to June 12, 2009. In particular, the FCC has modified the information that must be included in monthly billing notices that cable operators (and other MVPDs) are required to provide to subscribers regarding the DTV transition. The new information must be included in bills sent to subscribers starting no later than April 1, 2009. The new rules will remain in effect until the end of June 2009.

The revised notice language recommended by the FCC is as follows:

The nationwide switch to digital television broadcasting will be complete on June 12,2009, but your local television stations may switch sooner. After the switch, analog-only television sets that receive TV programming through an antenna will need a converter box to continue to receive over-the-air TV. Watch your local stations to find out when they will turn off their analog signal and switch to digital-only broadcasting. Analog-only TVs should continue to work as before to receive low power, Class A or translator television stations and with cable and satellite TV services, gaming consoles, VCRs, DVD players and similar products.

The FCC also had added to its rules a specific requirement that the consumer education notice that MVPDs provide their subscribers include specific references to the toll-free number and internet site for the FCC’s “Call Center” and NTIA’s toll-free number and internet site for the converter coupon program as well as a suggestion that viewers contact their local television stations for more information. The rules continue to require that the billing notice explain clearly what effect, if any, the DTV transition will have on the subcriber’s access to MVPD service and must note that analog sets not connected to an MVPD service may need additional equipment (i.e., a converter) or may have to be replaced.

We recently provided you with a suggested model for a revised consumer education notice reflecting the extension of the transition date. We have modified the model language in light of the FCC’s latest guidance and have attached a copy of the modified model language to this memorandum.

Finally, the FCC also announced that all stations still broadcasting in analog will have to notify the Commission no later than Tuesday, March 17 of the date they will terminate analog service. The FCC did not expressly mandate that stations give similar notice to MVPDs; however, it is possible that such a requirement may be imposed on broadcasters as part of a related, fast-tracked rulemaking that the FCC is conducting regarding the conditions for allowing a station to terminate analog service prior to June 12.

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