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 SEPARATE  STATEMENT 
 OF  COMMISSIONER  MICHAEL  J.  COPPS 


 In  the  Matter  of:  Review  of  the  Commission’s  Rules  and  Policies 
 Affecting  the  Conversion  to  Digital  Television 


 The  Commission’s  decision  today  strikes  a  balance  between  moving  the  digital 
 transition  along  on  schedule  and  providing  a  measure  of  flexibility  to  stations  as  they 
 build  and  upgrade  their  digital  facilities  within  that  time  frame. 


 Pursuant  to  a  Congressional  directive,  the  FCC  several  years  ago  implemented  an 
 ambitious  schedule  for  the  transition  to  digital  television.  Many  of  the  nation’s  television 
 broadcasters  have  done  a  commendable  job  of  getting  their  DTV  stations  up  and  running 
 in  accordance  with  that  schedule.  The  NAB  has  reported  that  as  many  as  two  thirds  of  the 
 nation’s  commercial  television  stations  will  be  on  the  air  with  a  digital  signal  by  May  of 
 2002. 


 Nevertheless,  it  appears  that  certain  stations  –  particularly  stations  in  smaller 
 television  markets  –  are  facing  costs  that  make  it  difficult  if  not  impossible  for  them  to 
 meet  the  May  deadline.  Some  of  those  costs  may  be  related  to  the  need  for  maximization 
 of  their  digital  signals  and  replication  of  their  analog  signal  areas  by  upcoming  deadlines. 
 In  order  to  minimize  the  immediate  impact  of  those  costs,  we  will  defer  the  maximization 
 and  replication  deadlines,  and  will  set  new  deadlines  that  in  no  case  will  be  later  than  the 
 deadline  for  digital  conversion  prescribed  by  Congress.  I  am  pleased  that  this  Order  so 
 strongly  reaffirms  this  deadline. 


 For  those  stations  facing  unexpected  financial  obstacles,  not  relieved  by  the 
 deferral  of  the  maximization  and  replication  deadlines,  and  despite  their  good  faith 
 attempts  to  meet  the  May  2002  construction  deadline,  we  will  consider  waiver 
 applications.  We  will  permit  individual  stations  to  apply  on  a  case-  by-  case  basis  for  six-month 
 waivers  of  the  May  deadline  due  to  lack  of  financial  resources.  I  do  not  expect 
 that  stations  will  apply  for  these  waivers  absent  genuine  hardship,  nor  that  the  Bureau 
 will  grant  them  without  such  showing. 


 Finally,  I  am  pleased  that  the  Commission  did  not  travel  down  the  path  of  issuing 
 a  general  waiver.  That  would  have  been  unfair  to  those  who  are  moving  toward  full 
 performance  and  it  would  have  been  too  lenient  on  those  less  far  along. 
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