On December 22, 2007, the Commission
adopted a Report and Order, In the Matter of the Third Periodic
Review of the Commissions Rules and Policies Affecting the
Conversion to Digital Television, MB Docket No. 07-91, FCC 07-228
(Third DTV Periodic Report and Order) to establish the rules,
policies and procedures necessary to complete the nations
transition to DTV. In the Report and Order, the Commission adopted
rules to ensure that, by the February 17, 2009 transition date, all
full-power television broadcast stations (1) cease analog
broadcasting and (2) complete construction of, and begin operations
on, their final, full-authorized post-transition (DTV) facility.
The Commission recognized that broadcasters may need regulatory
flexibility in order to achieve these goals. Accordingly, the
Commission affords broadcasters the opportunity for regulatory
flexibility, if necessary, to meet their DTV construction
deadlines. The Commission, however, must also ensure that no
consumers are left behind in the DTV transition. Therefore, the
Commission requires broadcasters that choose to reduce or terminate
TV service to comply with viewer notification
requirements.
The DTV transition
affects virtually every segment of the television industry and
every American who watches television. Congress has mandated that
after February 17, 2009, full-power television broadcast stations
must transmit only digital signals and may no longer transmit
analog signals. The Commission has no discretion to waive or change
this statutory deadline. These information collection requirements
are critical to ensure that full-power television broadcast
stations meet their statutory responsibilities and can begin
operations on their final, post-transition (digital) channels by
their construction deadlines. Stations that are not ready to
commence digital operations upon expiration of the statutory
transition deadline may be forced to go dark, potentially resulting
in significant loss of television service to the American public
and significant harm to the broadcast TV industry and the U.S.
economy. In addition, the DTV transition will enable the recovery
of spectrum for critically important public safety needs and new
wireless services. Emergency OMB approval is necessary for these
collections to ensure that full power television stations are able
to (1) cease analog broadcasting, and (2) complete construction of,
and begin operations on, their final, DTV facility, by the February
17, 2009 transition deadline. Recognizing that broadcasters may
need regulatory flexibility in order to achieve these goals, the
Commission adopted rules to permit broadcasters to request and
obtain regulatory flexibility from the Commission, if necessary, to
meet their DTV construction deadlines. Stations that want to apply
for such opportunities for regulatory flexibility must comply with
the information collection requirements at issue here. Because any
delay can result in harm to television stations that need such
flexibility, and, in turn, to their viewers, we find that there is
good cause to expedite the effective date of these rules and obtain
emergency PRA approval from OMB for these collections.
US Code:
47
USC 154(i) Name of Law: Communications Act of 1934, as
amended
This is a new information
collection which adds a program change of 12,015 total annual
burden hours and $210,000 total annual cost burden to this
information collection.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Supporting Statement OMB 3060-XXXX.3rd DTV [Viewer Notifications].doc
Emergency Justification Letter for Viewer Notifications (040808).pdf
Viewer Notification Requirements