TESTIMONY OF FCC ACTING CHAIRMAN MICHAEL J. COPPS 
U.S. HOUSE COMMITTEE ON ENERGY AND COMMERCE 
SUBCOMMITTEE ON COMMUNICATIONS,  
TECHNOLOGY AND THE INTERNET 
“OVERSIGHT OF THE DIGITAL TELEVISION TRANSITION” 
***** 
MARCH 26, 2009 
 
INTRODUCTION 
Good morning Chairman Boucher, Ranking Member Stearns and Members of the 
Subcommittee.  This is my first opportunity to testify before you since becoming Acting 
Chair of the FCC, and I am especially pleased to be here to discuss the Commission’s 
efforts to prepare the American people for the end of full-power analog broadcasting on 
June 12.   
 
First, I’d like to thank the Congress and the President for extending the DTV 
transition deadline.  It has long been clear to me—and it became even clearer when I 
became Acting Chair and had a chance to look under the hood—that we were not ready 
for a nationwide transition on February 17.  Most obviously, there was the coupon 
waiting list.  But the problems went far deeper.  There was inadequate coordination 
between the FCC and NTIA (and other potential government stakeholders), and between 
the public and private sectors that led to a patchwork of often disjointed efforts on 
everything from consumer education to call centers to converter boxes.  There was 
inadequate consumer outreach and support, particularly when it came to the difficult 
challenge of moving beyond general awareness to helping consumers deal with their 
specific problems and providing them with hands-on assistance.  And there was 
inadequate attention to certain key issues, like signal coverage and antenna problems.    
 
Now, some may say that we won’t be ready on June 12 either, and that there will 
still be consumers left behind.  And that is true—this transition will not be seamless.  The 
hard truth is that we won’t be able to make up for the inadequate policies of the past few 
years in just a few short months.  There will be consumer disruption—count on it.  But I 
also know that we can use this time to make a real difference.  We can provide more 
focused consumer outreach and support—especially for our most vulnerable citizens such 
as the poor, the elderly, the disabled, and non-English speakers.  We can have better and 
more coordinated call centers.  We can deploy “boots on the ground” to provide walk-in 
centers and in-home assistance to many who need it.  And we can help consumers get a 
better grip on coverage and reception issues that so many are struggling with—serious 
problems that were for too long minimized or wished away.   
 
I’ve never sugar-coated my concern that the DTV transition lacked the committed 
leadership and coordinated public-private partnership to get the job done.  Indeed, in 
December 2007, I testified before this Committee that “[i]f we don’t start making the 
DTV transition a national priority, we will almost certainly have a 9-car train wreck on 
our hands.”  To be fair, I think the FCC and others did begin to act with more urgency 
starting in the middle of 2008—largely in response to Congressional oversight—but by 
then it was obviously too little, too late.  The late start led to a rushed effort with little 
room for strategic thinking or for anticipating and fixing problems that arose.   
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When I became Acting Chair on January 22, I tried to bring a new level of 
coordination, collaboration and focus to the effort.  We were still planning for a February 
17 transition date at the time, and I told staff that our three most important priorities in 
the coming weeks would be DTV, DTV and DTV.  We moved quickly to improve 
coordination of the Commission’s efforts, to deploy new ideas and resources and teams, 
and to do whatever we could, at that late date, to minimize what was going to be 
considerable consumer disruption on February 17. 
   
THE DTV DELAY ACT  
We moved just as quickly in early February when Congress passed the DTV 
Delay Act to move the transition date to June 12.  The basic thrust of the Delay Act, of 
course, was to give consumers additional time to prepare for the end of analog service.  
At the same time, Congress directed the FCC to give stations flexibility about turning off 
their analog signals in advance of the new deadline.  Clearly, then, we had—and continue 
to have—a balance to strike between giving consumers adequate time to prepare and 
giving stations the flexibility to end analog service early.  We didn’t have a roadmap for 
achieving that balance—but we did have the commitment to finding it. 
I believe we have struck a reasonable balance.  We have given stations the 
flexibility to transition early.  In all, some 629 stations transitioned on or before February 
17, and another 160 have elected to transition between February 18 and June 12.  Added 
to the 21 full-power stations that have only operated in digital and never had an analog 
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channel, 810 of the approximately 1,787 full-power stations nationwide (45.3%) will be 
providing digital-only service prior to the June 12 deadline.   
At the same time, we have tried to protect consumers from a total loss of analog 
service.  If all stations in a local market had terminated analog service on February 17, for 
instance, it would have been as if the Delay Act never happened for area viewers.  So we 
tried to ensure consumers would continue to have analog service from at least one station 
affiliated with a top-four network.  All other stations were allowed to transition whenever 
they wanted—no questions asked.  In those markets where viewers would lose all of their 
top-four network affiliates, we asked those stations to comply with certain public interest 
requirements to help consumers in that market, including walk-in centers, telephone 
assistance, and staying on the air with at least one analog signal providing local news and 
emergency information to the community.  Even then, if a network affiliate had a 
financial hardship, it could apply for an exemption from the requirements—and several 
did. 
 Most viewers still have the transition ahead of them.  The bulk of the stations 
that have already transitioned are in mid-size and smaller markets.  So while about a third 
of all stations nationwide have transitioned thus far, only about 15% of TV households 
have lost two or more network affiliates and only 2.5% of households are in markets that 
have completely transitioned.  Indeed, there is some evidence that many consumers who 
lose some, but not all, stations in their area will simply switch to another channel.  In the 
wake of February 17, Nielsen reports that the viewership of those stations that 
transitioned to digital was down over nine percent, while viewership in those markets 
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overall actually increased by almost one percent.  So we have much of the work ahead of 
us and we should not—we cannot—become complacent. 
THE ROAD AHEAD 
 What we need to do now is to learn and apply the lessons before us.  The full 
transitions in Wilmington and Hawaii, as well as the partial transitions on February 17 
and those that will occur prior to June 12, give us the chance to have something of the 
phased transition I’ve long advocated.  I welcomed former Chairman Martin’s support for 
the idea of test markets and he worked hard to find such markets.  Unfortunately, only 
one community, Wilmington, North Carolina, stepped forward last year to volunteer.  
The Wilmington test had its limitations—for example, the flat terrain did not provide a 
very challenging reception environment for digital signals—but it was still a valuable 
exercise.  Having the benefit of a phased transition allows us to learn lessons along the 
way, make necessary mid-course corrections and identify problems before they become 
crises.  The United Kingdom is transitioning on a regional basis between 2007 and 2012, 
learning at every step along the way and making necessary adjustments.  Our single 
transition date did not afford us the luxury of a built-in learning curve.  Now we have a 
short one, and we need to make the most of it.   
 Here’s some of what we’re doing to move up the learning curve at the FCC: 
 Better consumer education.  We recently revised our consumer education 
requirements to reflect the signal coverage, antenna and re-scanning problems that 
consumers have had to date.  Starting April 1, stations must notify viewers about signal 
loss areas, the use of antennas, and the importance of re-scanning converter boxes and 
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digital TVs.  The logic behind these new requirements is simple:  consumers deserve the 
truth.  If some of them are going to need new antennas to receive digital signals, let’s tell 
them so.  If a station’s coverage area has shifted and some consumers won’t get a signal 
no matter what they do, they should know that too.  In addition, stations also must 
publicize the location and operating hours of walk-in help centers, and telephone contact 
information for the station and the FCC Call Center. 
 Better targeted outreach.  While the FCC will provide support to all markets, we 
have worked with NTIA to develop a list of 49 “hot spots” based on factors such as 
number of over-the-air households, demographics, coupon request and redemption rates, 
signal coverage problems, as well as our hands-on field experience. 
 Better “boots on the ground.”  Another lesson the Commission has learned is that 
it is critical to have staff on the ground to assist with the transition, including walk-in 
help centers for consumers to get answers to their questions, apply for converter box 
coupons, learn how to install their boxes and receive advice on antenna and reception 
issues.  In addition, there will be some consumers who will not be able to install a 
converter box or cope with antenna issues on their own—regardless of the number of call 
centers and walk-in centers available.  The Commission must partner with organizations 
that can provide in-home assistance to these consumers.  We are in the process of 
identifying and contacting local organizations that are willing to provide these services 
and can be trained to do so.   
 For instance, we are working through the details of an interagency agreement 
with AmeriCorps National Civilian Community Corps (“AmeriCorps NCCC”) to provide 
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outreach and in-home installation assistance to at-risk populations in target markets 
across the country.  We have identified Denver, Colorado as a test market to launch this 
partnership and will be conducting joint training there in advance of the early station 
transitions in Denver planned for mid-April. 
 We are also in the process of finalizing a Statement of Work for a proposed 
contract with the International Association of Fire Chiefs (“IAFC”).  The IAFC is in a 
unique position to provide locally-based consumer assistance.  Through the efforts of its 
member fire chiefs, it will be able to select and engage qualified fire service professionals 
in fire departments across the country to volunteer to assist consumers who need help 
installing their converter boxes.  The plan is to link participating fire departments’ contact 
information with the FCC’s Call Center, thus enabling at-risk consumers to expeditiously 
obtain needed assistance from trusted, qualified and locally-based public servants.   
 In addition, the Commission is preparing to issue Requests for Quotation 
(“RFQs”) to solicit bids for contracts to provide call centers, walk-in centers, basic and 
expert in-home installation assistance and media support.  In light of the need for these 
services, we have five contract officers and 42 contracting officer technical 
representatives supporting them to expedite the bid and contracting process. 
 Better Call Centers.  Shortly after I became Acting Chair, we worked with 
our industry partners to establish a single number for consumers to call for nationwide 
help.  We developed a common set of materials for agents to respond to consumer 
inquiries and a process for referring calls to local resources.  We now have the 
opportunity to take that foundation to the next level—to provide more in-depth training 
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for certain agents to handle longer, more technical calls, and to improve the tools 
available to agents for handling problems and the databases for referring consumers to 
help centers and other local resources.  For instance, agents can now access the FCC’s 
online mapping tool to walk consumers through the best way to get reception at their 
particular address.  The agents can also provide callers with the names, locations, and 
contact information for every walk-in help center and other local resource in their area. 
 Better signal coverage/better information about signal coverage.  In some cases, 
portions of the existing analog service areas of some full-power stations will no longer be 
able to receive service after the station transitions to digital broadcasting.  The 
Commission is taking several steps to provide stations experiencing such service losses 
possible ways of restoring coverage to those areas.   
 First, the Commission approved the use of distributed transmission service 
(“DTS”).  With DTS, instead of using a single transmitter to air programming, a station 
can utilize a series of synchronized, lower power transmitters placed throughout its 
service area, with each transmitter broadcasting on the station’s DTV channel.  DTS has 
potential to enable broadcasters to improve coverage to service loss areas, particularly 
stations that changed channels or transmitter sites for their digital service or serve areas 
containing mountainous or uneven terrain.  Unfortunately, the Commission only 
approved the use of DTS last November—too late for deployment by February and likely 
too late for deployment by June.   
 Second, the Commission has proposed to permit stations to improve coverage to 
loss areas by establishing a new “fill in” translator service that would permit full-power 
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stations to use translators to maintain existing service.  I hope that we can adopt final 
rules soon.  While we are working on the final order, we have and will accept requests for 
special temporary authorizations to allow stations that seek such facilities in order to 
mitigate their station’s loss areas to construct and operate their fill-in translators. To date, 
we have granted six STA requests.  The additional time may give those stations and 
others the opportunity to construct a relatively simple solution like a fill-in translator.   
 Third, we are focusing now on the cross-border coordination of requests from 
U.S. licensees to change certain station technical parameters – such as power levels, 
coverage or antenna height.  For the most part, licensees request these changes to better 
reach viewers within their station service areas.  Technical staffs in both Canada and 
Mexico are currently analyzing each of these “maximization” requests to assess 
compatibility with their respective country’s TV stations.  The fact that the U.S. is 
transitioning in advance of either of its neighbors adds some complexity – as the existing 
analog stations across the borders will need to be protected in the near term.  That said, 
FCC staff has been working closely with Canadian and Mexican counterparts to facilitate 
expedited review of each request.  And I have personally reached out to my cross-border 
counterparts as well in an effort to seek continued assistance as we move toward the 
conclusion of our DTV transition.  Just last week, I had a discussion with a senior 
Canadian official about the importance of our maximization applications and my hope 
that they can be acted on quickly. 
 Whether or not these coverage issues are resolved, we should at least let 
consumers know that they exist.  That is why we mandated that stations that anticipate 
significant service losses must notify their viewers.  And that is why our FCC engineers 
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recently developed a new web-based tool to help consumers understand what stations 
they should be able to receive at their home addresses and what kind of antennas they 
might need to receive them.   
CONCLUSION 
 That is a small piece of what we are doing at the Commission.  I would be 
remiss if I did not mention the heroic efforts of the FCC staff, and particularly our 
outreach team, a group of 200 truly dedicated public servants who have traveled far and 
wide to make a real difference in communities across the country.  I also want to thank 
my two colleagues, Jonathan Adelstein and Rob McDowell, both for their tireless 
outreach and for the leadership that they and their staffs provide every day on these 
important issues. 
 Sincere thanks also go to Acting Assistant Secretary Gomez and her talented 
team at the National Telecommunications and Information Administration for the 
coordinated and constructive working relationship that has developed between our 
agencies.   It goes without saying that NTIA has faced some pretty tough challenges in its 
administration of the TV Converter Box Coupon Program, and I want to congratulate 
them on the rapidity with which they eliminated over four million requested coupons on 
the waiting list.  We have many additional challenges ahead of us as we move toward 
June 12, and it’s great to know that NTIA will be right there next to us to continue to 
prepare the American people.   
 And I want to thank the affected industries as well—broadcasters, cable, 
satellite, consumer electronics manufacturers and retailers and others—for stepping up to 
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help the country make this transition.  They have played an important role from the 
beginning, and when we provided them with a measure of enhanced coordination and the 
opportunity for public-private collaboration, they were able to accomplish even more.  
These industries and others have shown what a committed public-private partnership can 
accomplish in a short period of time, and, in doing so, they have made a tremendous 
contribution to the public interest.   
 Finally, I want to thank the groups too numerous to mention—the community 
and civil rights organizations, consumer groups, state and local governments, and 
others—who have reached out to help a friend, a relative, or a neighbor.  Tip O’Neill 
famously said that “all politics is local.”  Well, the DTV transition is local, too.  In fact, 
it’s downright personal, and it will require that personal touch if we are to succeed.    
 I know we all will continue to work as hard as we can.  Because our work is 
only partly done and the greatest part of the test is still ahead of us.  Working together, 
we can—we will—make a huge difference for consumers.   
 Thank you for the opportunity to testify today.  I would be happy to answer 
any questions you may have. 
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