Twenty seven media reform organizations have filed comments with the Federal Communications Commission calling on the agency to require all TV stations to air public service announcements (PSAs) on the 2009 transition from analog to digital broadcasting.

"The Commission must remain vigilant in enforcing rules so that consumers are aware of their rights and protected from unscrupulous vendors, access by people with disabilities is ensured, and the transition has a positive impact on consumers," declares the September 17th commentary, filed by the Benton Foundation, a public interest group.

The statement puts the media reform movement on a collision course with the National Association of Broadcasters (NAB), which on the same day submitted comments demanding that the FCC refrain from regulating the industry on the "DTV transition."

Approaching deadlines

By order of the United States government, February 17th, 2009 will be the last day of analog broadcasting. The next day all television stations in the United States and its territories must broadcast via digital signals. The FCC has asked for public comment on whether the agency should require broadcasters to run PSAs alerting the public to the transition and the availability of free $40 coupons, good toward set top boxes that can convert older analog TVs into digital receivers.

The coupons, to be distributed by the National Telecommunications Information Agency (NTIA), will be available starting on January 1st.

But the question is whether an estimated 19 to 21 million households with analog TV sets will learn about this opportunity before the February 17, 2009 deadline. Many of these analog TV owners are elderly, poor, live in remote rural areas, or are people with disabilities.

This figure also does not include households in U.S. territories like Puerto Rico, where an estimated 44 percent own "rabbit ears only" TV sets. It also doesn't include the approximately 32 million Americans who subscribe to analog rather than digital cable.

In addition, about 60 percent of Americans remain unaware of the transition at this point, according to recent surveys.

The NAB insists that it and its member stations can successfully educate the public on the issue on a voluntary basis, and that self-interest will motivate the broadcasting industry to educate consumers.

But the Benton filing challenges these assertions. Its coalition argues that:

• As the DTV date approaches, the U.S. Presidential election will move into high gear. "Television ad inventory will be at a premium," the comment observes. "Some broadcasters may not voluntarily make enough free PSA time available to reach the desired audience when candidates and other advertisers are trying to buy that time."
• If PSAs are shown voluntarily, many may not include captions. Thus the spots will miss a crucial constituency: the hard of hearing and deaf.
• Some TV stations may not care whether poorer and rural consumers know about the transition, given that their advertisers do not regard such viewers as a "desirable demographic," and
• Some broadcasters do not belong to the NAB and will remain immune to NAB encouragement or pressure to air its DTV PSAs.

The Benton group asks the FCC to require all TV stations to run PSAs on the transition during their highest rating programming, and to have broadcasters file monthly reports proving that they are complying with the FCC's PSA requirements.

"The Commission must use all the tools - mainly its rules - to ensure that the digital TV education campaign reaches consumers, that consumers are not harmed by the transition, and that consumers are empowered to act in their own best interests," the filing concludes.