Sec.  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
   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  Sec.  Sec. 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  Sec. 79.1(d)(6) of this chapter.

   (3) The campaign must begin no later than March 27, 2008 and continue at
   least through March 31, 2009. After March 31, 2009, any station that has
   filed a request for an extension to serve its full operating area or is
   operating under such an extension must continue its education campaign until
   the request is withdrawn or denied or, if granted, until it expires.

   (c) Consumer Education Campaign Option One : (1) From March 27, 2008 through
   March  31,  2008,  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 Eastern and Pacific time zones, and between 7 p.m. and 10
   p.m. in the Mountain and Central 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) After February 17, 2009, a television receiver with only an analog
   broadcast  tuner  will  require  a converter box to receive full power
   over-the-air broadcasts with an antenna because of the Nation's transition
   to digital 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) Changes in the geographic area or population served by the station
   during or after the transition;

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

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

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

   (vi)  The  exact  date  and  time  that  the station will cease analog
   broadcasting, if it has not already done so; and

   (vii)  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 transition-related PSAs per
   week, and an average of sixteen 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. (Eastern and Pacific time zones) or between 5 p.m. and 10:35 p.m.
   (Central and Mountain time zones).

   (5) Stations must also 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
   prior to February 17, 2009.

   (6)  Beginning on November 10, 2008, all stations will begin a 100-Day
   Countdown to the transition. During this period, each 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 length of time will vary from 5 to
   15 seconds, at the discretion of the station.

   (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 length of time
   will vary from 5 to 15 seconds, at the discretion of the station.

   (iii) Graphic and audio display. Option #1 or option #2 with an added audio
   component.  The  length of time will vary from 5 to 15 seconds, at the
   discretion of the station.

   (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 length of
   these segments will vary from 2 minutes to 5 minutes, at the discretion of
   the station (some stations may also choose to include during newscasts DTV
   “experts” who may be asked questions by the anchor or reporter about the
   impending February 17, 2009 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 March 31, 2009, 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 midnight.

   (2) Noncommercial stations must also 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 prior to February 17, 2009.

   [ 73 FR 15449 , Mar. 24, 2008]