A banner hanging outside the National Association of Broadcasters HQ in Washington, D.C. Thanks to Bennett Kobb of 26mhz.us, who took this photo and let LLFCC use it. Related story here

Everything is under control, the National Association of Broadcasters (NAB) told the Federal Communications Commission today (September 17). No need to require TV stations to run public service announcements (PSAs) on the impending digital or "DTV" transition.

"We urge the Commission to refrain from imposing specific on-air education requirements," NAB wrote to the FCC. "Not only are they constitutionally suspect, but they could inadvertently impede the success of the campaign."

The government has set February 17th, 2009 as the last day for over the air television stations to broadcast using analog transmission. After that day all TV stations must broadcast digitally.

But a very large percentage of the U.S. population, especially the elderly and poor, do not know that their estimated 19 to 21 million analog TV sets will not work after that date. The Department of Commerce's National Telecommunications Information Agency (NTIA) will, beginning on January 1st, offer every American two coupons worth $40 each—good towards set top boxes that will allow older analog sets to pick up digital signals.

While the NAB has pledged an "an unparalleled and unprecedented consumer education campaign" to alert the public to this offer, the trade group objects to FCC proposals that would require broadcasters to run DTV PSAs—even the ones that the NAB has produced.

The NAB is reacting to an FCC proceeding in which the agency has proposed to "require television broadcast licensees to conduct on-air consumer efforts" and has asked the public for comment on how to conduct the campaign. "What should these announcement include, and when and how often should they run?" the proceeding's text asks.

Pressure is also coming from a medium sized battalion of public interest groups led by the Benton Foundation. Their mid-August FCC filing charges that the Commission "has failed to provide guidance on DTV broadcasters’ obligations for over a decade."

The groups include the United States Conference of Catholic Bishops, Common Cause, the National Hispanic Media Coalition, Communications Services for the Deaf, Freepress, and Democracy Now.

"The obligation of broadcasters to serve local educational, informational, civic, minority, and disability needs of the public has been created by statute and upheld by the courts," their statement concludes. "Further guidance from the Commission is necessary to clarify how these public interest obligations apply to DTV broadcasters and to answer outstanding questions raised by the increased technological capabilities of the digital medium."

But NAB will have none of this. Its latest statement argues that:

• Mandated PSAs and scrolling crawls could run foul of the First Amendment. "The proposed rule on its face would require private broadcasters to disseminate a state-sponsored message," NAB writes [their italics]. "While that message may not seem particularly controversial in this instance, the Government may not, at least absent a very strong justification, conscript private speakers to deliver such a message."
• Government mechanisms to track the progress of the educational campaign will impede progress and burden smaller broadcasters: "We suggest a more targeted approach to assessing consumer awareness be coordinated through our respective trade associations and the coalition. NAB and MSTV have the resources and ability to work directly with the Commission to share information to ensure coordinated data tracking on consumer education awareness."