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5634 Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Rules and Regulations 47 CFR Parts 15, 73 and 76 MB Docket No. 07 91; FCC 07 228 Third Periodic Review of the Commission s Rules
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These rules are the result of the Commission s consideration of comments received during the first periodic review in July and August 2006 and the comments and recommendations resulting from the second periodic review in April 2007. These rules will have the effect of authorizing and permitting the national television broadcasting system to transmit content and services of digital television that are the same, or substantially the same, as the service that analog broadcasts could provide. Under these rules, the Commission will begin a transition to a digital system of programming beginning on January 12, 2009, with regard to the programming of terrestrial broadcasters subject to retransmission consent orders and February 9, 2009, with regard to programming offered on satellite-delivered DTV. The rules permit and direct retransmission consent orders continuing in effect for existing programming and new programming. The rule also authorizes the Commission to continue to approve certain non-commercial educational programming stations as digital educational broadcasters during the transition period, as long as they meet certain conditions. These rules include, first, a minimum technical standard for digital transmission that will allow for more consistent performance and image quality through the use of software called a Digital Audio Subset (WAS). As a result, the digital transmission system will be more reliable and, in the FCC s view, will result in a more seamless transmission of high-quality digital data in analog programs. The WAS must also comply with certain restrictions on use of a WAS and the WAS must provide the same level of image quality to analog television viewers and to the DTV retransmitted. In addition, the WAS must be designed to function as a direct conversion to digital, allowing for the simultaneous and consistent transmission of both analog and digital signals to viewers on DTV. The WAS will be designed to enable the transfer of images as well as content in a seamless manner. The FCC also is extending the time period, pursuant to Section 703 of the Communications Act, that broadcasters, retransmitters and cable system owners are given to submit to Commission decisions on application to convert to analog. Previously, the conversion window was set to expire on October 31, 2006. The conversion deadline is now January 12, 2009. This rule allows for the retransmission of analog signals and will allow for the transition to a digital signal. The FCC will permit existing DTV retransmission consent orders for terrestrial programming without modification and will permit new retransmission consent orders to be granted for terrestrial programs.

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