Senate Committee Gets An Earful On DTV Mess

Telecom Policy Report, July 18, 2005

Deadline Deal Closer Amid Spectrum Needs, Backlash Fears

After three hearings this year and a draft legislation agreement in the U.S. House of Representatives, it was the U.S. Senate's turn last week to get an earful about industry compromises on deadline requirements for the broadcast transition from analog to digital television (DTV).

Amid continued lawmaker considerations of spectrum-use motivation and potential citizen backlashes, the Senate Committee on Commerce, Science and Transportation under chairman Ted Stevens (R-Alaska) and ranking member/co- chairman Dan Inouye (D-Hawaii) held two full committee hearings on DTV, with testimony from a dozen groups. Here, the deadline for analog-to-digital TV migration proved once again to be a major point of contention among political figures and some of the outside witnesses, although settlements on the date appear to be within everyone's reach.

While emergency services authorities, commercial wireless advocates and electronics vendors have sought a sooner-than-later transition date, broadcasters - after more than 20 years (if you count UHF transition or sharing) of trying to slow down the expensive migration to DTV - appeared ready last week to acquiescence to a Dec. 31, 2008, as the last date U.S. analog broadcast signals would be transmitted. (Editor's note: However, some are citing Jan. 1, 2009, as the hard date to end analog transmissions.)

"Broadcasters accept that Congress will implement a 2009 hard date for the end of analog broadcasts," Edward O. Fritts, president and CEO of the National Association of Broadcasters (NAB), told the Senate committee. "We're here to work with you in moving legislation that will complete this transition and that will free analog spectrum for other important uses."

The potential compromise development comes at a time then Congress definitely is looking at the 2008 hard date suggested by the House versus the more-ambitious, originally contemplated Dec. 31, 2006, deadline (TPR, June 20, June 6, May 30, March 23, Feb. 23). In the Telecommunications Act of 1996, Congress voted in favor of migrating broadcasters out of their 700 MHz/800 MHz band analog spectrum by the end of 2006, but NAB and others lobbied strongly against this mandated DTV transition timeframe.

Nevertheless, the resistance met with counter-actions during the 109th session of Congress to spur the DTV transition. The House deadline compromise reportedly was worked out in a discussion draft of the Digital Television Transition Act of 2005 by Rep. Joe Barton (R-Texas), chairman of the House Energy and Commerce Committee, who initially wanted to stick to the 2006 date; and Rep. Fred Upton (R-Mich.), chairman of Energy and Commerce's Telecommunications and Internet Subcommittee.

Last week's Senate session may raise hopes among emergency service providers that analog TV spectrum will be reassigned for critical use within two years, while others may become more enthusiastic or hopeful that an auction of remaining spectrum for wireless broadband and other commercial uses will bring in as much as $20 billion or $30 billion for the U.S. Treasury.

Republicans want to earmark some of the auction proceeds to help reduce the federal deficit, and this remains a contentious issue with the Democrats. Both sides continue to struggle with how to break the news to American consumers about analog TV receiver obsolescence and whether some amount of federal funding should pay for digital converter set-top boxes.

The emergency-services sense of urgency prompted Sens. John McCain (R- Ariz.) and Joseph Lieberman (D-Conn.) to co-sponsor a bill devoted to radio- frequency spectrum allocation requirements of public-safety communications. The "Spectrum Availability for Emergency-Response and Law-Enforcement to Improve Vital Emergency Services (Save Lives) Act of 2005" is linked intrinsically to the DTV action, it backs a nearly $500 million converter-box subsidy program, and it calls for affirming whatever deadline is finally agreed upon by legislators.

"Completing the digital television transition is the most critical communications issue facing the 109th Congress," McCain said during the hearings. "More spectrum for first responders was a key recommendation of the 9/11 Commission. Our nation can't wait any longer. I wish it could be sooner, but this presents the most reasonable deadline."

McCain has been critical of the broadcaster business and of other federal lawmakers for foot-dragging the transition, especially because he was unable to get hard deadline legislation out of the Commerce Committee last year.

Meanwhile, committee member Olympia J. Snowe (R-Maine) said she's planning to introduce the "Low Power Digital Television Transition Assistance Act" to aid rural access to DTV. "This bill focuses on the small translators and low-power stations which provide content to rural areas, giving them more time to transition along with grants to ease the cost," she said. "Additionally, I have heard from several constituent broadcasters in my home state of Maine who have experienced delays, expenses and other difficulties in making the digital transition due to concerns raised by the Canadian government over the digital signals' potential interference in Canadian market. I want to ensure that these stations' problems are solved before the transition is over."