§  73.674   Digital television transition notices by broadcasters.

   (a) Each full-power commercial and noncommercial educational television
   broadcast station licensee or permittee must air an educational
   campaign about the transition from analog broadcasting to digital
   television (DTV). For each such commercial station, a licensee or
   permittee must elect by March 27, 2008, to comply with either paragraph
   (c) or (d) of this section. For each such noncommercial station, a
   licensee or permittee must elect, by March 27, 2008, to comply with
   paragraph (c), (d), or (e) of this section. A licensee or permittee
   must note their election via the filing of Form 388 as required by
   § § 73.3526 and 73.3527.

   (b) The following requirements apply to paragraphs (c), (d), and (e) of
   this section:

   (1) The station must comply with the requirements of the paragraph it
   elects with respect to its analog channel and its primary digital
   stream.

   (2) Any Public Service Announcement aired to comply with these
   requirements must be closed-captioned, notwithstanding § 79.1(d)(6) of
   this chapter.

   (3) The campaign must begin no later than March 27, 2008, and continue
   at least through the station's termination of analog service, not later
   than June 12, 2009, except for stations subject to the provisions of
   paragraph (b)(4) of this section.

   (4) Any station that has filed a request for an extension of the
   deadline for construction of its full, authorized post-transition
   digital facility, including a request for phased transition pursuant to
   the Third DTV Periodic Report and Order in MB Docket 07–91, or is
   operating under such an extension, must continue its DTV consumer
   education campaign until the station completes construction of its
   full, authorized post-transition digital facility. After the station
   terminates analog service, it must continue to comply with the
   requirements of the Consumer Education Campaign Option that it has
   elected, except that the content of all on-air education must be
   revised to provide information about the station's limited digital
   service area and the anticipated date for it to complete construction
   and commence operation of its full, authorized post-transition digital
   facility.

   (5) Service loss notices —Beginning April 1, 2009, if the FCC's Signal
   Loss Report, available on http://www.dtv.gov, predicts that 2 percent
   or more of the population in a station's Grade B analog service contour
   will not receive the station's digital signal, the station must air
   service loss notices, as provided in this paragraph.

   (i) Service loss notices may be no fewer than 30 seconds long, and must
   be aired at least once per day, between 8 a.m. and 11:35 p.m. At least
   three service loss notices per week must air between 8 p.m. and 11 p.m.
   in the Atlantic, Eastern and Pacific time zones, and between 7 p.m. and
   10 p.m. in the Mountain, Central, and Alaskan time zones.

   (ii) Service loss notices are in addition to the other obligations
   imposed by this section.

   (iii) The service loss notices must include the FCC's Call Center
   number, 1–888–CALL–FCC, the FCC's TTY number, 1–888–TELL–FCC, and the
   Web site address for the FCC's online digital reception mapping tool,
   http://www.DTV.gov/maps.

   (iv) The station must post service loss information on its Web site
   home page, including a link to the relevant coverage change maps on
   http://www.DTV.gov and the FCC's online digital reception mapping tool,
   http://www.DTV.gov/maps. This information must remain available on the
   station's Web site home page for at least 30 days after the station
   terminates its analog service, notwithstanding the termination of other
   consumer education requirements.

   (v) The loss areas disclosed in the service loss notices must be based
   on the FCC's Signal Loss Report.

   (vi) Service loss notices must disclose that some current viewers of
   the station's analog signal are predicted to experience a loss of
   service and describe the discrete geographic areas where there is
   likely to be a service loss.

   (vii) If any predicted service loss is attributable to a change in the
   station's frequency from VHF to UHF, and the predicted losses cannot
   entirely be described with respect to discrete geographic areas, the
   station must, at a minimum, disclose that some analog viewers located
   in areas obstructed by hills or buildings are predicted to be unable to
   receive the station's digital signal. This is in addition to, and not
   in lieu of, descriptions of any discrete geographic areas where there
   is likely to be a service loss.

   (6) Antenna information notices —Beginning April 1, 2009, all stations
   must include information about the use of antennas as part of their
   consumer education campaign, as provided in this paragraph.

   (i) The antenna information notices should provide information about
   the types of antennas that their viewers may need, and how to install
   them.

   (ii) Stations that have changed or are changing the frequency band in
   which they broadcast must inform their viewers of the change in
   frequencies and explain how the change affects the antenna they need to
   receive their signal.

   (iii) Stations that are predicted by the FCC's Signal Loss Report to
   have any loss of viewers should consider whether their viewers can
   improve their ability to receive their signal by obtaining a different
   or better antenna, and if so, provide information concerning such
   antennas.

   (iv) Antenna information notices must be no fewer than 15 seconds long,
   and must be aired at least once per day, between 8 a.m. and 11:35 p.m.
   At least three antenna information notices per week must air between 8
   p.m. and 11 p.m. in the Atlantic, Eastern and Pacific time zones, and
   between 7 p.m. and 10 p.m. in the Mountain, Central, and Alaskan time
   zones.

   (v) Antenna information notices may be included as part of a station's
   DTV Consumer Education Initiative efforts, or may be discussed for at
   least 15 seconds during news programs, or broadcast in other ways that
   the station determines will be most helpful to consumers.

   (vi) Notwithstanding the content requirements of paragraph (c) of this
   section, a licensee or permittee electing compliance with paragraph (c)
   of this section may replace up to 25 percent of their daily PSAs and
   crawls with antenna notices.

   (7) Rescanning notices —Beginning April 1, 2009, all stations must
   include information in their consumer education campaigns to inform and
   remind viewers about the importance of periodically using the rescan
   function of their digital televisions and digital converter boxes, as
   provided in this paragraph.

   (i) Rescanning notices should explain why rescanning is important in
   general and, in particular, if the station is changing channels or
   signal direction.

   (ii) Rescanning notices must be no fewer than 15 seconds long, and must
   be aired at least once per day, between 8 a.m. and 11:35 p.m. At least
   three rescanning notices per week must air between 8 p.m. and 11 p.m.
   in the Atlantic, Eastern and Pacific time zones, and between 7 p.m. and
   10 p.m. in the Mountain, Central, and Alaskan time zones.

   (iii) Rescanning notices may be included as part of a station's DTV
   Consumer Education Initiative efforts, or may be discussed for at least
   15 seconds during news programs, or broadcast in other ways that the
   station determines will be most helpful to consumers.

   (iv) Notwithstanding the content requirements of paragraph (c) of this
   section, a licensee or permittee electing compliance with paragraph (c)
   of this section may replace up to 25 percent of their daily PSAs and
   crawls with rescanning notices.

   (8) Help center notices —Beginning April 1, 2009, as part of its DTV
   consumer education campaign, every station must air notices providing
   the location and operating hours of walk-in DTV help centers in the
   station's market area; the FCC Call Center telephone number and TTY
   number; and the station's telephone number for receiving consumer
   referrals and calls from local viewers, as provided in this paragraph.

   (i) Help center notices must be no fewer than 15 seconds long, and must
   be aired at least once per day, between 8 a.m. and 11:35 p.m. At least
   three help center notices per week must air between 8 p.m. and 11 p.m.
   in the Atlantic, Eastern and Pacific time zones, and between 7 p.m. and
   10 p.m. in the Mountain, Central, and Alaskan time zones.

   (ii) Help center notices may be included as part of a station's DTV
   Consumer Education Initiative efforts, or may be discussed for at least
   15 seconds during news programs, or broadcast in other ways that the
   station determines will be most helpful to consumers.

   (iii) Notwithstanding the content requirements of paragraph (c) of this
   section, a licensee or permittee electing compliance with paragraph (c)
   of this section may replace up to 25 percent of its daily PSAs and
   crawls with help center notices.

   (c) Consumer Education Campaign Option One:

   (1) From March 27, 2008 through the station's termination of analog
   service or, for stations subject to the provisions of paragraph (b)(4)
   of this section, until the station completes construction of its full,
   authorized post-transition digital facility, a licensee or permittee
   must, at a minimum, air one transition-related public service
   announcement (PSA), and one transition-related informative text crawl,
   in every quarter of every broadcast day. This minimum will increase to
   two of each, per quarter, from April 1, 2008 through September 30,
   2008, and to three of each, per quarter, from October 1, 2008 through
   the conclusion of the campaign. At least one PSA and one informative
   text crawl per day must be aired between 8 p.m. and 11 p.m. in the
   Atlantic, Eastern and Pacific time zones, and between 7 p.m. and 10
   p.m. in the Mountain, Central, and Alaskan time zones.

   (2) For the purposes of this section, each broadcast day consists of
   four quarters; 6:01 a.m. to 12 p.m., 12:01 p.m. to 6 p.m., 6:01 p.m. to
   12 a.m., and 12:01 a.m. to 6 a.m.

   (3) Informative text crawls must:

   (i) Air during programming;

   (ii) Air for no fewer than 60 consecutive seconds;

   (iii) Be displayed so that the text travels across the bottom or top of
   the viewing area at the same speed used for other informative text
   crawls concerning news, sports, and entertainment information;

   (iv) Be presented in the same language as a majority of the programming
   carried by the station;

   (v) Be displayed so that they do not block and are not blocked by
   closed-captioning or emergency information; and

   (vi) Contain at least the following information, but may contain more,
   provided they contain no misleading or inaccurate statements:

   (A) The nationwide switch to digital television broadcasting will be
   complete on June 12, 2009, but your local television stations may
   switch sooner. After the switch, analog-only television sets that
   receive TV programming through an antenna will need a converter box to
   continue to receive over-the-air TV. Watch your local stations to find
   out when they will turn off their analog signal and switch to
   digital-only broadcasting. Analog-only TVs should continue to work as
   before to receive low power, Class A or translator television stations
   and with cable and satellite TV services, gaming consoles, VCRs, DVD
   players, and similar products.

   (B) More information is available by phone and online, and provide
   appropriate contact information, including means of contacting the
   station or the network.

   (4) Public service announcements must have a duration of no fewer than
   15 consecutive seconds, and contain, at a minimum, the information
   described in paragraph (c)(3)(vi) of this section. They must also
   address the following topics at least once each during every calendar
   week:

   (i) The steps necessary for an over-the-air viewer or a subscriber to a
   multichannel video programming distributor to continue viewing the
   station after the transition;

   (ii) The channel on which the station can be viewed after the
   transition;

   (iii) Whether the station will be providing multiple streams of free
   video programming during or after the transition;

   (iv) Whether the station will be providing a High Definition signal
   during or after the transition;

   (v) The exact date and time that the station will cease analog
   broadcasting; and

   (vi) The exact date and time that the station will begin digital
   broadcasting on its post-transition channel, if it has not already done
   so.

   (d) Consumer Education Campaign Option Two:

   (1) A licensee or permittee must, at a minimum, air an average of
   sixteen (16) transition-related PSAs per week, and an average of
   sixteen (16) transition-related crawls, snipes, and/or tickers per
   week, over a calendar quarter.

   (2) For the purposes of calculating the average number of PSAs aired, a
   30-second PSA qualifies as a single PSA, and two 15-second PSAs count
   as a single PSA.

   (3) PSAs, crawls, snipes, and/or tickers aired between the hours of 1
   a.m. and 5 a.m. do not conform to the requirements of this section and
   will not count toward calculating the average number of
   transition-related education pieces aired.

   (4) Over the course of each calendar quarter, 25 percent of all PSAs,
   and 25 percent of all crawls, snipes, and/or tickers, must air between
   6 p.m. and 11:35 p.m. (Atlantic, Eastern and Pacific time zones) or
   between 5 p.m. and 10:35 p.m. (Mountain, Central, and Alaskan time
   zones).

   (5) Stations must air a 30-minute informational program on the digital
   television (DTV) transition between 8 a.m.–11:35 p.m. on at least one
   day after April 1, 2009, and prior to the station's termination of
   analog service. The program must contain at least the following
   information:

   (i) The fact that Congress has changed the deadline for the national
   DTV transition to June 12, 2009;

   (ii) The date and approximate time of day when the station airing the
   informational video is terminating analog service;

   (iii) The date and approximate time of day when all other full-power
   stations in the same market are terminating analog service;

   (iv) For stations covered by paragraph (b)(5) of this section, the same
   service loss information required by paragraph (b)(5) of this section.

   (6) Beginning on April 1, 2009, or sixty (60) days prior to the
   station's termination of analog service, whichever is later, the
   station must begin a 60-Day Countdown to its transition to digital-only
   service. During this period, the station must air at least one of the
   following per day:

   (i) Graphic display. A graphic super-imposed during programming content
   that reminds viewers graphically there are “x number of days” until the
   transition. They will be visually instructed to call a toll-free number
   and/or visit a Web site for details. The duration must be at least five
   (5) seconds.

   (ii) Animated graphic. A moving or animated graphic that ends up as a
   countdown reminder. It would remind viewers that there are “x number of
   days” until the transition. They will be visually instructed to call a
   toll-free number and/or visit a Web site for details. The duration must
   be at least five (5) seconds.

   (iii) Graphic and audio display. Option #1 or option #2 with an added
   audio component. The duration must be at least five (5) seconds.

   (iv) Longer form reminders. Stations can choose from a variety of
   longer form options to communicate the countdown message. Examples
   might include an “Ask the Expert” segment where viewers can call in to
   a phone bank and ask knowledgeable people their questions about the
   transition. The duration must be at least two (2) minutes. (Some
   stations may also choose to include during newscasts DTV “experts” who
   may be asked questions by the anchor or reporter about the impending
   transition deadline.)

   (e) Consumer Education Campaign Option Three:

   (1) Only a licensee or permittee of a noncommercial television station
   may elect this option. Under this option, from March 27, 2008, through
   April 30, 2008, a noncommercial broadcaster must, at a minimum, air 60
   seconds per day of transition-related education (PSAs), in variable
   timeslots, including at least 7.5 minutes per month between 6 p.m. and
   12 a.m. From May 1, 2008, through October 31, 2008, a broadcaster must,
   at a minimum, air 120 seconds per day of transition-related education
   (PSAs), in variable timeslots, including at least 15 minutes per month
   between 6 p.m. and 12 a.m. From November 1, 2008, through the station's
   termination of analog service, or, for stations subject to the
   provisions of paragraph (b)(4) of this section, until the station
   completes construction of its full, authorized post-transition digital
   facility, a broadcaster must, at a minimum, air 180 seconds per day of
   transition-related education (PSAs), in variable timeslots, including
   at least 22.5 minutes per month between 6 p.m. and 12 a.m.

   (2) Noncommercial stations must air a 30-minute informational program
   on the digital television (DTV) transition between 8 a.m.–11:35 p.m. on
   at least one day after April 1, 2009, and prior to the station's
   termination of analog service. The program must contain at least the
   following information:

   (i) The fact that Congress has changed the deadline for the national
   DTV transition to June 12, 2009;

   (ii) The date and approximate time of day when the station airing the
   informational video is terminating analog service;

   (iii) The date and approximate time of day when all other full-power
   stations in the same market are terminating analog service;

   (iv) For stations covered by paragraph (b)(5) of this section, the same
   service loss information required by paragraph (b)(5) of this section.

   [ 74 FR 11315 , Mar. 17, 2009]