The Digital Television (DTV) transition, which affords HD broadcasting as an option, will conclude when broadcasters turn off and surrender the analog channels used today to the federal government. The date at which point the broadcasters are required to do this has been a closely watched and hotly debated topic for a decade.
A few short weeks ago, it looked like that date was set to be Feb. 17, ’09. The House and Senate had each passed a Deficit Reduction Bill that included this date. It was reported that the President signed the bill. But that wasn’t the end of the story.
“This thing is still up in the air,” explained Jim Burger, a partner in Washington-based law firm Dow, Lohnes and Albertson. He reported the latest in this breaking story at the Hollywood Post Alliance (HPA) Technology Retreat last month in Rancho Mirage, Calif.
For a bit of history, our community started talking about an analog shut off date in December ’96 when the Federal Communications Commission (FCC) passed its Fifth Report and Order, which mandated that a DTV transition end with an analog shut off date of Dec. 31, 2006. This date was questioned from day one, as the Dec. ’96 decision also said that the transition period would be under FCC review, and analog service may be extended if certain conditions exist. According to the FCC, those conditions included “if fewer than 85 percent of the TV households in a market are able to receive digital TV signals off the air either with a digital TV set or to a cable-type service that carries the DTV stations in the market.” Years of speculation followed, as it was widely accepted that 85 percent in that time period was not an attainable goal.
A few weeks ago, it finally appeared that Congress had established a new shut off date, with the aforementioned Deficit Reduction Bill. But Burger reported that in the wake of this action, it was learned that the bill contained a clerical error in a Medicare procedure date. This threw a wrench into the process, and a lawsuit was consequently filed to prevent the bill from becoming law. Burger explained that as a result of the lawsuit, it is possible that the whole process will have to occur again.
Here’s the kicker: The bill passed by the narrowest of margins in both houses, by a vote of 216-214 in the House of Representatives and by 51-50 in the Senate. “DTV is not the most controversial stuff in Deficit Reduction Bill,” Burger related, adding that if a new vote were required, it would be difficult to call the outcome.
SHOOT senior editor, technology and postproduction, Carolyn Giardina can be reached at 310-822-0211 or at cgiardina@shootonline.com.
