III. Background

3. Congress specifically requires the Commission to evaluate the progress of the nation's transition to digital television. The first DTV periodic review began in March 2000 and the second in January 2003. In addition to these periodic reviews, the Commission has continued to conduct its DTV proceeding, through which it has developed new channel allotments and assignments. The Commission established the initial DTV Table of Allotments in 1997. See Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service, MM Docket No. 87268, Sixth Report and Order, 62 FR 2668401 (May 14, 1997) (``Sixth Report and Order''). The details of each station's channel assignment under the initial DTV Table, including technical facilities and predicted service and interference information, were set forth in the initial Appendix B of the Sixth Report and Order. The initial Appendix B was amended in 1998. Simultaneous with the adoption of the Sixth Report and Order, the Commission announced DTV channel assignments for eligible licensees in the Fifth Report and Order, 62 FR 2696602 (May 16, 1997), in the same docket. The Commission recently issued a Seventh FNPRM in connection with the DTV proceeding.

4. The Second Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television, MB Docket No. 0315, Report and Order, 69 FR 59500 (October 4, 2004) (``Second DTV Periodic Report and Order'') established a threeround channelelection process through which eligible broadcast licensees and permittees (collectively, ``licensees'') selected their posttransition channels inside the core TV spectrum (i.e., channels 251). The Commission received 11 petitions for reconsideration of the Second DTV Periodic Report and Order, raising a number of issues, most of which have been rendered moot by the completion of the channel election process . At the start of this process, licensees proposed their posttransition facilities. (In November 2004, licensees filed certifications via FCC Form 381 in order to define their proposed posttransition facilities. In these certifications, licensees chose whether to (1) replicate their allotted facilities, (2) maximize to their currently authorized facilities, or (3) reduce to a
[[Page 37315]]
currently authorized smaller facility. Stations that did not submit certification forms by the deadline were evaluated based on replication facilities.) After each channel election round, the Commission announced proposed posttransition channelscalled tentative channel designations (``TCDs'').

5. The channel election process culminated in the adoption of the Seventh FNPRM, which proposed a new DTV Table. (Comments on the proposed new DTV Table were due January 25th and replies were due February 26th.) The proposed new DTV Table provides eligible stations with channels for posttransition operations inside the core TV spectrum. The DTV Table is based on the TCDs announced for stations, as well as the Commission's efforts to promote overall spectrum efficiency and ensure that broadcasters provide the best possible service to the public, including service to local communities. The proposed DTV Table will ultimately replace the current DTV Table. (The Seventh FNPRM proposes to codify the new DTV Table in 47 CFR 73.622(i). The current DTV Table, which is contained in 47 CFR 73.622(b), will become obsolete at the end of all authorized interim DTV operations. The current NTSC Table, which is contained in 47 CFR 73.606(b), will become obsolete at the end of the transition, when all fullpower analog operations must cease.)

6. In early 2006, Congress enacted significant statutory changes to the DTV transition in the Digital Television and Public Safety Act of 2005 (``DTV Act''). (The DTV Act is Title III of the Deficit Reduction Act of 2005, Pub. L. No. 109171, 120 Stat. 4 (2006) (``DRA''), and is codified at 47 U.S.C. 309(j)(14) and 337(e).) Most importantly, it set February 17, 2009, as the date certain for the end of the DTV transition, at which time all fullpower television broadcast stations must cease their analog transmissions. (The DTV Act amends 47 U.S.C. 309(j)(14)(A) to establish February 17, 2009 as a new hard deadline for the end of analog transmissions by fullpower stations and directs the Commission to ``take such actions as are necessary (1) to terminate all licenses for fullpower television stations in the analog television service, and to require the cessation of broadcasting by fullpower stations in the analog television service, by February 18, 2009; and (2) to require by February 18, 2009, * * * all broadcasting by full power stations in the digital television service, occur only on channels between channels 2 and 36, inclusive, or 38 and 51, inclusive (between frequencies 54 and 698 megahertz, inclusive).'') The DTV Act does not provide for waivers or extensions of this deadline for cessation of analog broadcasts. (Previously, 47 U.S.C. 309(j)(14) provided an exception to the earlier December 31, 2006 transition deadline if the Commission determined that less than 85 percent of the television households in a licensee's market were capable of receiving the signals of DTV broadcast stations through various means (i.e., via overtheair reception, cable or satellite, or digitaltoanalog conversion technology). Congress eliminated the statutory provisions authorizing marketspecific extensions of the DTV transition, including the 85 percent benchmark for DTV reception. This new hard deadline obviates the need for any further discussion of how to interpret and implement the former Section 309(j)(14)(B) of the Act, an issue previously deferred by the Second DTV Periodic Report and Order.) The DTV Act also requires broadcast licensees to cease operations outside the core spectrum after February 17, 2009 in order to make that spectrum available for public safety and commercial wireless uses. Fullpower TV broadcast stations must be operating inside the core TV spectrum and only in digital upon the end of the transition on February 17, 2009. (The DTV Act also created a coupon program to subsidize the purchase of digitaltoanalog (``DtoA'') converter boxes.)

IV. Progress Report

7. The transition to DTV is a complex undertaking, affecting virtually every segment of the television industry and every American who watches television. The Commission has been facilitating the migration to DTV by adopting a standard for digital broadcasting, creating an initial DTV Table, awarding DTV licenses, establishing operating rules for the new service, monitoring the physical buildout of DTV broadcast stations, and helping to educate consumers about the transition. At the end of the transition, television broadcast operations will be limited to the core TV spectrum, enabling the recovery of a total of 108 MHz of spectrum (i.e., TV channels 5269). (The core TV spectrum is comprised of lowVHF channels 2 to 4 (5472 MHz) and 5 to 6 (7688 MHz), VHF channels 7 to 13 (174216 MHz) and UHF channels 1451 (470698 MHz), but does not include TV channel 37 (608 614 MHz), which is used for radio astronomy research.) Twentyfour megahertz of spectrum currently used for TV broadcast channels 63, 64, 68, and 69 have been reallocated for critically important public safety needs. The remaining 84 MHz (currently TV broadcast channels 5262 and 6567) have been or will be auctioned for new wireless services. (Channels 6069 (746806 MHz) were reallocated for public safety and wireless communications services in 1998. Channels 5259 were reallocated for new wireless services in 2001.)

A. Status of DTV Operations

8. In 1997, the Commission granted eligible licensees a paired channel for digital operations during the transition and set dates for construction and operation of broadcasters' facilities on their allotted DTV channels. Pursuant to the construction schedule set forth in Section 73.624(d) of the Commission's rules, affiliates of the top four networks in the top ten television markets were required to complete construction of their DTV facilities by May 1, 1999; top four network affiliates in markets 1130 by November 1, 1999; all remaining commercial television stations by May 1, 2002; and all noncommercial educational (``NCE'') television stations by May 1, 2003.

9. As of April 2, 2007, 1,702 television stations in all markets (representing approximately 98.8 percent of all stations) have been granted a DTV construction permit (``CP'') or license. A total of 1,603 stations are now broadcasting a digital signal. Of these, 1,215 stations are authorized with licensed facilities or program test authority and 388 stations are operating pursuant to special temporary authority (``STA'') or experimental DTV authority.

10. In the top 30 television markets, all 119 topfour network affiliated television stations are on the air in digital, 110 with licensed DTV facilities or program test authority and nine with STAs. In markets 110, all 40 topfour network affiliated stations are providing digital service, 38 with licensed DTV facilities and two with STAs. In markets 1130, all topfour 79 network affiliated stations are providing DTV service, 74 with licensed DTV facilities and five with STAs.

11. Approximately 1,230 commercial television stations were due to commence digital broadcasts by May 1, 2002. As of April 2, 2007, 1,136 of these stations (92.4 percent) are broadcasting a digital signal. In addition, approximately 373 NCE television stations were required to commence digital operations by May 1, 2003. As of April 2, 2007, 348 (93.3 percent) of these stations are broadcasting a digital signal. (The commercial and NCE TV stations that have not commenced digital broadcasts were required to file a request for extension of additional [[Page 37316]]
time to complete construction of their DTV facilities by the deadline established for them in 47 CFR 73.624(d)(1).)

B. Status of Consumer Capability to Receive DTV Signals

12. In connection with the 2006 Competition Report, the Commission requested information about the number of households relying solely on overtheair broadcast television for programming. (The Commission also sought information about the number of cable and satellite households that rely on overtheair service on one or more of their television sets not connected to a multichannel video programming distributor (``MVPD'').) In comments filed to that proceeding, the National Association of Broadcasters (``NAB'') indicated that there are approximately 69 million television sets are not connected to any MVPD service. Specifically, NAB reported that nearly 19.6 million households rely solely on overtheair broadcast television, and there are approximately 45.5 million sets in those homes. NAB states that ``in these 19.6 million overtheair households, there are approximately 1.3 million overtheair digital sets.'' Thus, according to NAB, ``[t]here are roughly 18.7 million overtheair households with only analog sets, and these households have about 44.2 million analog sets.'' NAB reports that an additional 23.5 million television sets in 14.7 million MVPD households remain unconnected to the MVPD service. NAB states that this 2006 data showing large numbers of overtheair television sets is consistent with two surveys conducted in 2005.

13. The demand for DTV sets has grown with increased availability of DTV programming and receiving equipment and a steady drop in the price of such equipment. The Consumer Electronics Association (``CEA'') reports that the consumer electronics industry has invested $66.7 billion in DTV products since 1998. Moreover, CEA reports more than $75 billion in consumer investment in DTV products. According to CEA, 23.9 million DTV sets and monitors were sold in 2006. CEA predicts that 29.2 million DTV products will be sold in 2007, 33.4 million in 2008, 35.2 million in 2009 and 36.4 million in 2010. CEA estimates that DTV sales will represent 69 percent of all TV sales in 2006. (CEA projects that DTV sales will represent 92 percent of all TV sales in 2007.)

14. In order to promote the availability of reception equipment and protect consumers by ensuring that their television sets continue to work in the digital world just as they do today, the Commission established a DTV tuner mandate, which requires, as of March 1, 2007, that all television receiver equipment (e.g., TV sets (all sizes), VCRs, digital video recorders, and any other TV receiving devices) manufactured or shipped in interstate commerce or imported into the United States, for sale or resale to the public, must be capable of receiving the signals of DTV broadcast stations overtheair. (In 2002, the Commission initiated the DTV tuner mandate, with a phasein period based on screen size to minimize the cost impact on consumers. In 2005, the Commission accelerated the implementation of the DTV tuner mandate to become effective on March 1, 2007 and expanded the mandate to include television sets less than 13 inches.)

15. In addition, subsidized digitaltoanalog (``DtoA'') converter boxes will be available to eligible consumers starting January 2008, further promoting access to digital reception equipment. (See Rules to Implement and Administer a Coupon Program for Digitalto Analog Converter Boxes, NTIA Docket No. 0612242667705101, Final Rule, 72 FR 12097 at paragraph 8 (``NTIA Coupon Program Final Rule''); 47 CFR 301. Starting January 1, 2008, all U.S. households will be eligible to request up to two $40 coupons to be used toward the purchase of up to two, DtoA converter boxes, while the initial $990 million allocated for the program is available; 47 CFR 301.34. If the initial funds are used up and the additional funds (up to $510 million) are authorized, eligibility for the coupons will be limited to overtheaironly television households. Eligible consumers will have until March 31, 2009 to make a request for these coupons.) This subsidy program, which was created by the DTV Act, will allow consumers with analogonly TV sets to receive overtheair broadcast programming after the February 17, 2009 transition date, when analog broadcasting ends. Without a D toA converter box, consumers will not be able to view fullpower TV broadcasts after the transition date unless they purchase DTV sets (television sets with a builtin digital tuner) or subscribe to a pay television service. Congress directed the National Telecommunications and Information Administration (``NTIA'') of the U.S. Department of Commerce to administer this subsidy program. (The DTV Act directs the Assistant Secretary for Communications and Information to ``implement and administer a program through which households in the United States may obtain coupons that can be applied toward the purchase of digital toanalog converter boxes.'' The purpose of the program is to enable consumers to continue receiving broadcast programming over the air using analogonly televisions not connected to cable or satellite service.) In March 2007, NTIA issued final rules to implement the program, which subsidizes the purchase of DtoA converter boxes. C. Status of Broadcasters' Transition

16. Stations are responsible for meeting the statutory deadline for the DTV transition. The Commission has no discretion to waive or change this transition date. Fullpower broadcast stations not ready to commence digital operations upon expiration of the deadline for the transition on February 17, 2009 must go dark and risk losing their authorizations to operate after the transition date. (A station failing to meet its construction deadline may be subject to license revocation procedures (47 U.S.C. 312), the issuance of forfeitures (47 U.S.C. 503), or other remedial measures, such as admonishment. For example, we remind licensees that ``if a broadcasting station fails to transmit broadcast signals for any consecutive 12month period, then the station license granted for the operation of that broadcast station expires at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary;'' 47 U.S.C. 312(g). If discontinuing operations, stations must also be mindful of the Commission's rules.)

17. We have proposed posttransition channel assignments for all eligible stations. (These posttransition channel assignments largely were based on the choices made by licensees during the channelelection process. Eligibility for a proposed posttransition channel assignment was limited to existing Commission licensees and permittees.) In the proposed new DTV Table, 1,812 stations received proposed post transition DTV channels. (This total includes 1,806 stations announced in Appendix A to the Seventh FNPRM and six additional stations announced in a subsequent Public Notice. Additional new permittees may also be announced before the transition deadline.) Of these, 1,178 stations received the DTV channel on which they are currently authorized, 517 stations received the NTSC channel on which they are currently authorized, and 117 stations received a different channel from which they are currently authorized.

[[Page 37317]]

18. The process of transitioning the entire TV broadcast industry to digitalonly operation on each station's final channels will be complex. Accordingly, stations already should be planning their transition to digitalonly service on their posttransition channel. Some stations may now be ready, or very close to ready, to make their transition. We have provided a list of 752 stations that we believe fall into this category and seek input from those stations regarding our assessment.

19. Most stations, however, will need to take significant steps to accomplish their transition. Stations' situations will vary based on their final channel assignments in the new DTV Table and whether, and if so to what extent, they must change their transmission facilities to operate on their posttransition channels. As described below, stations may seek to change their antenna or tower locations. (A station that must change its DTV tower location may face a considerable challenge, especially if the station must construct a new tower. Such a station must consider whether there are any existing towers that can be used or if a new tower must be constructed. Because of the lead times involved in purchasing or leasing land with appropriate FAA clearances, local and state zoning requirements, and varying timelines for designing the new tower, ordering equipment, delivery of equipment, and construction related issues, such a station must begin planning as soon as possible in order to transition by the deadline. In some cases, building a new tower at this stage in the process may no longer be a viable option.) Stations may also need to change their effective radiated power (ERP), antenna height above average terrain (HAAT) or antenna pattern as set forth in the new DTV Table Appendix B, as adopted.

20. Before discussing the issues that must be addressed to complete the transition, we first categorize the circumstances that stations are in to describe what stations in each group must accomplish. First, there are stations that will remain on their current DTV incore channel. Second, there are stations that will return to their analog incore channel. Third, there are stations that will move to a completely new incore channel. In addition to these three general categories, stations without a paired channel (i.e., ``singleton stations'') that will ``flash cut'' from broadcasting on their analog channel to broadcasting on a digital channel raise unique issues that we will consider separately. (``Singletons'' or ``singlechannel licensees'' refers to those licensees that do not have a second or ``paired'' channel to convert to DTV. ``Flashcut'' refers to the situation where a station gives up its pretransition digital channel and transitions to digital service using its analog channel or a newly allotted channel.) We seek comment on these categories and circumstances in general and on the particular tentative conclusions, proposals and queries in the Issue Analysis (section V), below. 1. Category One: Stations Remaining on Their Current DTV InCore Channel

21. There are 1,178 stations remaining on their current DTV incore channel for posttransition operations, based on the proposed new DTV Table. Most of these stations will have a relatively simple transition because they already have the authorizations necessary to operate at their proposed posttransition facilities as specified in the proposed new DTV Table Appendix B. In fact, many of these stations have already constructed and received licenses for their posttransition facilities, and so will simply turn off their analog service to complete their transition.

22. Some stations in this category, however, may not have completed their authorized construction. This would include a station that has not built anything and has a CP or extension of its ``checklist'' deadline and a station that has constructed a reduced facility and is operating pursuant to Special Temporary Authority (``STA''). In addition to turning off their analog service, these stations may need to make changes to match their posttransition facilities as specified in the new DTV Table Appendix B. The difficulty faced by these stations will depend on the type of change and degree of change required to complete their authorized construction. (For example, stations in this category may need to adjust their transmitter power, their antenna design, their antenna location, or some combination thereof. We expect that relatively minor adjustments to operating power can be done easily, perhaps through the use of inhouse engineers. Changes involving more significant power changes and/or changes to transmitting antennas may require more time and effort. For example, a number of stations currently have a topmounted analog antenna and a sidemounted digital antenna, and to provide full digital service will need to re mount the digital antenna to the top of the tower. Also, if an entirely new transmission line and/or antenna must be installed, additional time will be needed to order the transmission line and antenna and have it delivered to the site.)

23. Furthermore, some of these stations may have pending applications with unresolved international coordination issues. Licensees in this category with pending applications should consult with the Commission staff about the timing for action on their applications. In addition, they should coordinate with Commission staff regarding necessary modifications to their applications that will result in international approval. They may need to proceed with constructing authorized facilities to the extent approved by Canada or Mexico if the issues delaying action on their applications cannot be resolved in time to allow construction to be completed before the end of the transition. (These stations may be required to adjust their transmitter power, their antenna location, their antenna design, or some combination thereof.)
2. Category Two: Stations Returning to Their Analog InCore Channel

24. There are 517 stations that will return to their current analog incore channel for posttransition operations, based on the proposed new DTV Table. (This group of stations includes some analog singletons and flashcutters.) Stations in category two may face each of the category one challenges involving tower construction, antenna replacement or relocation, and transmitter replacement or power adjustments.

25. In addition, these stations may need to determine whether they can use any of their analog or digital transmission equipment (e.g., transmitter, transmission line or waveguide, and antenna). If a station finds it has a transmitter that it could use, it will also need to determine whether that transmitter can provide the appropriate power level. It is our understanding that a station that is going to stay within a spectrum band (lowVHF, highVHF or UHF) and change its frequency within 5 or 6 channels (36 MHz or less) will most likely require fewer technical changes than if the change of broadcast frequency is more than 6 channels. We expect that channel moves of fewer than 5 or 6 channels may require only minor modifications to the station's digital transmitter, whereas more significant changes may require major modifications or an entirely new transmitter. We seek comment on these assumptions.

26. Stations that will return to their current analog channel also may need to determine whether their current analog
[[Page 37318]]
or DTV antenna can be used. Generally, the design, condition and channel of operation of their current antennas, as well as the stations' directional antenna characteristics established in the new DTV Table Appendix B, as adopted, must be considered when these stations evaluate the suitability of their antennas for posttransition DTV operation. The ability of these stations to use an existing digital antenna may depend upon how significant the change in channel numbers will be for these stations as they move from their current DTV channel back to their current analog incore channel. It is our understanding that channel moves of more than 5 or 6 channels will likely require a new antenna and transmission line or new waveguide. We seek comment on these assumptions.

27. These stations also must consider the impact on their analog TV service, which might be disrupted entirely or limited in reach to a smaller area during periods of work on the tower. For example, a temporary reduction in coverage might be due to reduced power analog TV operation at a backup site in order to facilitate construction on the main tower facility.
3. Category Three: Stations Moving to a Completely New InCore Channel

28. There are 117 stations that will move to a completely new in core channel for posttransition operations, based on the proposed new DTV Table. These stations face similar challenges to those returning to their analog (incore) channel. In addition, these stations will need to coordinate with other stations to complete their move. For example, another station may occupy the relocating station's posttransition channel or it may occupy an adjacent channel (located in the same or a nearby area) to the relocating station's posttransition channel. Also, these stations may find that their tower site cannot support three antennas at once, as may be necessary to accommodate their current analog and DTV operations while preparing for broadcasting on their posttransition channel.

4. Singleton Stations

29. There are 137 stations that do not have a paired channel (i.e., stations that do not have both an analog and a digital channel), based on the proposed new DTV Table. These stations are commonly referred to as ``singletons.'' These stations fit in one of the preceding three categories, but they may encounter different challenges and circumstances that deserve special consideration in this review. Specifically, for this discussion, ``singletons'' include (1) those stations described in footnote 101 of the Second DTV Periodic Report and Order as licensees that did not receive a second or ``paired'' channel to use during the transition to DTV; (2) those stations that had a paired DTV channel and that we authorized to discontinue providing analog TV service; (3) those pairedchannel stations that gave up their interim DTV channel pursuant to ``flash cut'' approval; and (4) those pairedchannel stations that we propose to allow to ``flash cut.'' Singletons include DTV and analog TV stations, and can be unbuilt, operating at reduced facilities, or fully constructed and licensed. Analog TV singletons will be flash cutting from broadcasting on their analog channel to broadcasting on a digital channel. Flash cutting often will involve singletons ending their analog TV operation and beginning their DTV operation on their current analog channel, but in some cases will require that a station change to a new channel for posttransition operation. Singleton stations, like those with paired channels, are responsible to ensure that they have completed the construction of their digital facilities by the February 17, 2009 deadline, except for stations whose initial CPs expire later. (Single channel stations receive a CP with a threeyear construction period. Thus, new stations whose CPs were granted after February 2006 will have construction deadlines later than February 17, 2009.) After February 17, 2009, stations that have not constructed analog facilities may only construct digital facilities on their posttransition channel.

30. Singleton licensees and permittees should have a post transition channel in the proposed new DTV Table and proposed facilities specified in the proposed new DTV Table Appendix B, provided such permittee status is announced by Public Notice before the order establishing the new DTV Table is adopted. DTV singletons remaining on their current DTV channel for posttransition operations face the same challenges identified in category one above. These stations must complete authorized construction consistent with the new DTV Table Appendix B, as adopted. Stations that have done so and are operating and licensed need not take any further steps at this time. DTV singletons that have not completed construction must do so as discussed below. A few DTV singletons are moving to different channels in the new DTV Table, including some currently authorized for outofcore operations. In addition to the potential challenges described for paired stations going to a new channel for posttransition operation (category three in the preceding section), unbuilt DTV singletons must complete their required construction by their CP expiration date, whether that date is before or after the transition deadline.

31. Analog singletons that will remain on their currently authorized channel for posttransition operations face the same challenges identified in category two above. Unbuilt analog singletons must also meet their CP expiration date requirements. Depending on the time left for them to complete construction, most of these stations should consider requesting that the Commission modify their authorization to specify DTV operation, particularly stations that have recently received CP grants. (Stations that receive a new CP and that will remain on this channel for posttransition operations may either construct their analog facilities (for use until the end of the transition) or apply to the Commission for permission to construct a digital facility on their analog channel for posttransition operations.) Stations in this situation that choose to construct their authorized analog broadcast facility for operation until February 17, 2009 should plan for its conversion to DTV when they purchase their transmitter and antenna system.

32. Analog singletons moving to a new channel for posttransition operations face the same issues identified in category three above. Some also have a CP for their analog channel that expires either before or after the transition deadline. Stations that have an analog CP expiring before the transition deadline should consider applying for a modification of their analog CP to make it easier to complete the required analog channel construction while also building their post transition facility. They also should take steps to efficiently complete this simultaneous dualchannel construction of both their pre transition analog and posttransition facilities (for example, having a tower crew install both antennas at the same time or ordering an antenna or transmitter that can be readily converted from analog operation to DTV operation). They may also want to explore the possibility of requesting that their singlechannel analog
authorization be modified to specify pretransition DTV operation on their posttransition channel. Such a modification would require interference protection to be provided to all potentially affected stations and construction to be completed before the station's CP expires. Stations whose
[[Page 37319]]
analog CP will expire after the transition deadline should consider applying for a modification of their analog CP to specify the post transition facilities that they will need to complete before their CP expires. As noted above, February 17, 2009 is the deadline for all fullpower television broadcast stations to end analog transmissions. V. Issue Analysis

33. In this Third DTV Periodic Review, we consider how to ensure that fullpower TV broadcast stations complete their transition to digitalonly operations by the statutory deadline. Specifically, we consider when stations may and must cease operating on their analog channel, when stations may and must begin operating on their post transition channel, and what regulatory flexibility we can provide to facilitate these efforts. By statute, stations must cease analog operations by 11:59 p.m. on February 17, 2009. Stations, thus, should have their digital facilities in place and ready to commence operations no later than 12 a.m. on February 18, 2009.

34. We seek comment on what actions the Commission should take to facilitate broadcasters' completion of the transition by the statutory deadline. We seek comment on how to ensure that broadcasters (1) complete construction of their posttransition facilities in a timely and efficient manner; and (2) have in place (incore) facilities that can reach their viewers. In view of the statutory change from a soft to a hard transition deadline, the Commission's focus has moved beyond simply ensuring that stations are operating in digital. Our focus is now on overseeing broadcasters' construction of their final, post transition channel with facilities that will reach viewers in their authorized service areas by the time they must cease broadcasting in analog.

35. We begin by proposing that every fullpower television broadcast station file a form with the Commission that details (1) the current status of the station's digital transition; (2) the additional steps, if any, the station needs to take to be prepared for the switch over deadline; and (3) a plan for how it intends to meet that deadline. These filings will be posted on the Commission's website. We believe that these forms will assist the Commission, industry, and the public in assessing progress and making plans for the digital switchover date.

36. We also consider when stations may reduce their current (pre transition) television service in order to complete their transition. Next, we consider the deadlines by which stations must construct and operate their current DTV channels or lose interference protectionor even authority to operateon those channels. Third, we propose deadlines for the construction and operation of posttransition facilities and consider the ability of stations to transition early. We also consider the steps necessary for broadcasters to construct and operate their posttransition channels. Issues raised in this section include the rules, procedures and interference standards for stations to file applications for CPs to build their posttransition DTV facilities and to request authorization to maximize their facilities. Finally, we address other issues related to the DTV transition. (While we recognize the Commission's rules for fullpower television will need to be updated to eliminate outdated references to analog and outof core television service and clarify engineering issues that differ for digital transmission and analog transmission, these housekeeping matters will be addressed in a separate rulemaking in the DTV proceeding. We, nonetheless, seek comment on whether resolution of any housekeeping issues requires more immediate attention.)

A. Reduction and Termination of Analog Service

37. In this section, we consider the reduction and termination of stations' analog TV service. Until February 17, 2009, the Commission's rules require stations to continue operating their existing licensed analog facilities. (Moreover, the public has a legitimate expectation that existing broadcast services will be maintained.) To best achieve their respective transitions, however, some stat

FOR FURTHER INFORMATION CONTACT For additional information on this proceeding, contact Evan Baranoff, Evan.Baranoff@fcc.gov of the Media Bureau, Policy Division, (202) 4182120 or Eloise Gore,
Eloise.Gore@fcc.gov, of the Media Bureau, Policy Division, (202) 418 2120; Gordon Godfrey, Gordon.Godfrey@fcc.gov, of the Media Bureau, Engineering Division, (202) 4187000; Nazifa Sawez,
Nazifa.Sawez@fcc.gov, of the Media Bureau, Video Division, (202) 418 1600; or Alan Stillwell, Alan.Stillwell@fcc.gov, of the Office of Engineering and Technology, (202) 4182470.