Rural Spectrum Scanner

With the transition to digital television scheduled to occur on February 17, 2009, both Congress and the FCC are scrambling to avoid what some have characterized as a potential train wreck when television viewers lose their analog television signals on the transition date. The FCC has now adopted rules to implement the recently enacted Short-term Analog Flash and Emergency Readiness Act (also known as the “Analog Nightlight Act”). The primary purpose of this law is to provide a temporary safety net by allowing television broadcasters to continue to broadcast public safety and DTV transition information on an analog signal for a period of 30 days following the DTV transition to ensure that at risk groups do not lose access to critical public safety information while the transition occurs. The FCC has identified and pre-approved 826 eligible stations, covering 47 states, Puerto Rico, and Washington, D.C. to participate in this voluntary program and has established rules to expedite approval of additional stations that wish to participate.

Meanwhile, Congress has been busy trying to provide additional funding for the DTV Converter Box coupon program administered by NTIA which has reached its appropriations limit, but still has a backlog of converter box coupon requests pending. The problem is that even if Congress were willing to act now to appropriate additional funds to accommodate the backlog, there is insufficient time before the DTV transition on February 17, 2009 for NTIA to issue new coupons and get the required converters into the homes of all coupon participants. Accordingly, members of Congress are attempting to solve the timing problem. Representative Bruce L. Braley (D-Iowa) has introduced a bill (H.R.508) to allow a refundable credit against Federal income tax for the purchase of digital-to-analog converter boxes for taxpayers who did not use coupons. This would allow taxpayers to go out and purchase the necessary converters without having to wait for NTIA-issued coupons. The bill has been referred to the Committee on Ways and Means and the Committee on Energy and Commerce. There has also been discussion of postponing the DTV transition for 90 to 180 days in accordance with the recent recommendation of President-elect Obama’s transition team. FCC Commissioners Copps and Adelstein have sent a letter to ranking members of key committees both in the House and the Senate asking them to consider legislation that would delay the DTV transition.