Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) Implementation of Short-term Analog Flash ) MB Docket No. 08-255 and Emergency Readiness Act; Establishment ) of DTV Transition “Analog Nightlight” Program ) ) To: The Commission COMMENTS OF THE NATIONAL ASSOCIATION OF BROADCASTERS AND THE ASSOCIATION FOR MAXIMUM SERVICE TELEVISION, INC. The National Association of Broadcasters (“NAB”)1 and the Association for Maximum Service Television, Inc. (“MSTV”)2 hereby submit these comments in response to the Commission’s Notice of Proposed Rulemaking in the above-captioned proceeding.3 Broadcasters recognize that it is our nation’s best interest to have a comprehensive plan to answer viewer questions that arise at the time of the digital television (“DTV”) transition, one that includes contingencies for persons that may not have taken the necessary steps to be prepared by February 17, 2009. Thus, NAB, MSTV and their members have been strong supporters of the Short-term Analog Flash 1 NAB is a nonprofit trade association that advocates on behalf of more than 8,300 free, local radio and television stations and also broadcast networks before Congress, the Federal Communications Commission, the Courts, and other federal agencies. 2 MSTV is a nonprofit trade association of local broadcast television stations committed to achieving and maintaining the highest technical quality of the local broadcast system. 3 In the Matter of Implementation of Short-term Analog Flash and Emergency Readiness Act; Establishment of DTV Transition “Analog Nightlight” Program, MB Docket No. 08-255, Notice of Proposed Rulemaking (rel. Dec. 24, 2008) (“Notice”). and Emergency Readiness Act.4 We also commend the Commission for its tireless efforts to promote a smooth transition. As discussed in detail below, implementation of the voluntary “Analog Nightlight” program is an important consumer education resource. As such, we make recommendations to (1) expand stations’ eligibility beyond current Appendix A to ensure the maximum number of Americans can receive the “Analog Nightlight” program with minimum disruption to DTV reception, and to (2) streamline the application process to ensure maximum broadcaster participation in the voluntary program. I. Broadcasters’ Call Centers and the “Analog Nightlight” Program. As NAB announced on December 15 (see attached press release), using the Wilmington, North Carolina early analog shut-off and other “soft shut-off tests” conducted around the country as benchmarks, broadcasters project approximately two million calls from viewers over five days after February 17 – roughly half of which would occur in the first day, February 18. Answering those calls will require a coordinated effort by broadcasters, the Commission and other stakeholders, including multichannel video programming distributors (“MVPDs”). To that end, NAB committed to producing and distributing a five to eight minute video in both English and Spanish that is accessible to persons with disabilities and that aims to answer the most salient questions viewers had in Wilmington and other analog shut-off test markets – what happened, how to hook up a converter box, how to scan and rescan for channels on a DTV set or converter box, how to properly select and 4 S. 3663, 110th Cong., as enacted December 23, 2008. 2 position an antenna and a checklist of what to do. We have already scripted the video with production to commence in early January. We know from Wilmington, and from analog shut-off tests across the country, that the majority of viewers who call hotlines have relatively simple questions. At the end of the video, the program would promote a toll free number for viewers to call, which is the second part of the plan. NAB is working with a variety of stakeholders to coordinate a national hotline to help handle viewer calls from those awaiting coupons, seeking general information, looking for satellite/cable information and needing help with converter boxes, DTV sets and scanning. We are also closely coordinating with state broadcast associations and local broadcasters. To date, approximately 45 state broadcast associations have set up either live phone banks or automated lines to answer viewer questions. In markets with state association hotlines and call centers, our DTV video could also direct viewers to call those numbers.5 NAB’s video and the coordinated national hotline will also direct viewers with converter box, DTV set and MVPD-specific questions to manufacturer and cable or satellite hotlines. Approximately seven percent of calls in Wilmington were from cable and satellite subscribers. Another 11 percent claimed their converter boxes did not work. We anticipate that call centers would direct viewers to call a particular cable or satellite company if they identified themselves as a subscriber, or a particular converter 5 The Commission queries what specific contact information stations should provide to consumers. Notice at ¶ 29. In addition to the numbers listed above, NAB and MSTV will continue to coordinate closely with the Commission and the National Alliance of State Broadcasters Associations (NASBA) on local and regional call center initiatives. Such initiatives, however, would be strengthened, were the Commission to grant funding to NASBA (as formally requested) to strengthen its call centers. 3 box manufacturer hotline for viewers having converter box issues. At least eight manufacturers currently have phone lines to answer consumer questions. Television stations across the country are committing to in-station, or market- wide local call centers where possible, to answer questions from viewers when local reception problems are the issue. For spotty or weak signals or other regional issues, our call center would direct viewers to local stations and state association hotlines. To further assist in this effort, NAB will produce a “best practices” checklist for local viewer hotlines. These initiatives are designed to be coordinated with the FCC call center. It is critical that we continue the public/private partnership that has brought us so far in our DTV education effort. One issue related to the “Analog Nightlight” Program is sponsorship. Although we agree with the Commission that Section 2(a) of the statute limits program material to “only” public safety and DTV transition information, the Commission should not interpret the statute to prohibit stations that may wish to defray the cost of maintaining analog service for an additional 30 days with a “brought to you by” or “sponsored by” or “in partnership with” visual identification during the “Analog Nightlight” program. See Notice at ¶ 29. Such voluntary partnerships may include other television stations in the market, MVPD providers, local retailers, local municipalities, or others who could underwrite the estimated $3,500 to over $15,000 per station in transmission costs with maintaining analog service. Moreover, in addition to the NAB produced video feed, stations may want to link to or feature videos that demonstrate converter box-specific set ups. See, 4 e.g., http://www.zenith.com/dtv/setup.html.6 Although produced by manufacturers, these videos are educational in nature and, as such, should not be prohibited by the Commission. Indeed, the Commission should promote policies that encourage, not preclude or discourage, such marketplace collaboration to ensure each Designated Market Area (“DMA”), where technically feasible, will have an eligible and financially viable operating Nightlight station. II. Stations Eligible to Provide Analog Nightlight Service. Turning our attention to the list of eligible broadcast stations, MSTV and NAB believe the Commission should create incentives to encourage stations to participate in the “Analog Nightlight” program. To this end, the Commission has proposed a list of stations that would be eligible to participate by simply notifying the Commission. In other words, stations on the list would not be required make a separate engineering showing. Stations not on the list would be required to file an engineering statement. At the outset, NAB and MSTV applaud the FCC’s concerns about interference to over-the-air digital television service. As we have pointed out in other proceedings, even small amounts of interference can cause a digital picture to freeze and become unwatchable.7 This is especially problematic where the interference is permanent, untraceable and cannot be policed. Indeed, we urge the FCC to extend its interference concerns expressed in this proceeding to other contexts as well. 6 See also www.broadcastingcable.com/flashVideo/element_id/2140255354/taxid/31763.html&. 7 Unlicensed Operation in the TV Broadcast Bands, Second Report and Order and Memorandum Opinion and Order, ET Docket No. 04-186, 46 Commc’ns Reg. (P & F) 940 (Nov. 4, 2008). 5 In this proceeding, however, we are in a unique position. It is vitally important that as many stations as possible have the opportunity to participate in the “Analog Nightlight” program. Consumers throughout a television market may need access to the educational and emergency information provided by a Nightlight station. Unfortunately, while the list proposed by the Commission in the Notice protects stations from all interference, it may not allow enough stations to participate in the program. For example, the proposed list would allow Nightlight stations in only 136 out of 210 television markets. Moreover, under the proposed list only one station in the New York television