This non-substantial change request is being submitted to OMB for approval for changes made to FCC Form 388. These changes to the form will more easily allow stations to report their education about Service Loss. Therefore, a Service Loss section has been added to Form 388. The information collection requirements contained in collection 3060-1115 now applies only to stations that have not completed their full, final DTV facility. Without these changes to Form 388, it would be more difficult for stations to report on their Service Loss notices and for the Commission to verify that the required Service Loss notices were done.
On February 11, 2009, the DTV Delay Act was signed by the President and enacted into law, extending the nationwide DTV transition date from February 17 until June 12, 2009. As a result, after June 12, 2009, full-power television broadcast stations must transmit only digital signals, and may no longer transmit analog signals, except for limited analog Ânightlight service. The DTV Delay Act directs the Commission to take any actions Ânecessary or appropriate to implement the provisions, and carry out the purposes of the DTV Delay Act, and to do so within 30 days. Congress extended the transition date in order to permit analog service to continue until consumers have had additional time to prepare. But Congress also directed the Commission to provide flexibility for stations wanting to transition prior to the new date. Stations may have made extensive preparations for a February 17 digital transition and some may have difficulty altering their commitments at this time. The CommissionÂs challenge is to provide opportunities for some stations to end analog broadcasting early without sacrificing the goal of giving consumers additional time to prepare.
On February 20, 2009, the Commission adopted and released a Second Report and Order and Notice of Proposed Rulemaking (FCC 09-11) in MB Docket No. 09-17 to implement the DTV Delay Act. The CommissionÂs requirements and proposals are influenced by its experience planning for the partial transition by one-third of the full power stations on or just before February 17, 2009 (the previous nationwide transition date). The Commission has found that advance planning and station commitment to nightlight service and public interest outreach contribute to a smoother transition.
Because these requirements must take effect on or before March 13, 2009 Â the statutory deadline for implementing the DTV Delay Act, we request expedited OMB approval by March 11, 2009.
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.