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 Federal  Communications  Commission  FCC  04-  220 
 Privileged  and  Confidential  -  For  FCC  Internal  Use  Only 
 STATEMENT  OF  COMMISSIONER  JONATHAN  S.  ADELSTEIN 
 APPROVING  IN  PART  AND  CONCURRING  IN  PART 
 Re:  Amendment  of  Parts  73  and  74  of  the  Commission’s  Rules  to  Establish  Rules  for  Digital  Low  Power  Television,  Television  Translator,  and  Television  Booster  Stations  and  to  Amend  Rules  for 
 Digital  Class  A  Television  Stations,  Report  and  Order 
 I’m  pleased  we’re  moving  the  digital  transition  forward  for  low  power  television  stations  and  the  many  viewers  living  in  our  rural  communities  who  rely  on  them. 


 Thousands  of  translators  and  low  power  stations  across  our  country  fill  a  vital  need  as  the  primary  source  of  over-  the-  air  television  for  people  in  Rural  America.  As  I’ve  seen  firsthand,  often  these  stations 
 are  the  only  station  in  an  area  providing  local  news,  weather,  public  affairs  and  emergency  programming.  They  are  operated  by  a  diverse  range  of  the  public,  including  individuals,  schools,  churches,  local 
 governments,  and  minority  groups.  Their  modes  of  operation  and  programming  vary  widely,  with  some  stations  airing  the  most  locally-  produced  programming  among  all  broadcasters  and  others  broadcasting 
 important  news  and  information  in  several  languages.  The  conversion  to  digital,  and  the  ability  to  offer  ancillary  and  supplementary  services,  should  bring  opportunities  for  even  more  innovation  and  local 
 programming  services  for  these  stations. 
 Today’s  comprehensive  item  lays  out  the  avenues  available  for  the  transition  of  low  power  services  to  digital.  Opportunities  for  low  power  operators  to  convert  existing  stations  and  to  apply  for 
 transitional  companion  channels  where  feasible  will  encourage  the  overall  rollout  of  digital  services  in  these  areas.  I  am  mindful  of  the  dual  challenges  of  limited  spectrum  availability  and  limited  finances  of 
 many  stations  in  the  low  power  service.  The  Order  appropriately  protects  full  power  broadcasters  and  other  primary  services  like  public  safety  and  wireless  services,  while  seeking  to  minimize  any  disruption 
 to  viewers  who  rely  on  low  power  operations. 
 Yet  I  do  not  find  the  statutory  direction  compelling  the  auction  of  mutually  exclusive  low  power  temporary  companion  channels  as  unambiguous  as  the  item  declares.  The  item’s  cursory  analysis  fails  to 
 take  into  account  significant  aspects  of  this  unique  situation,  including  the  temporary  nature  of  the  licenses  and  their  role  in  promoting  the  digital  transition,  the  status  of  municipality-  owned  stations,  and 
 that  some  of  these  stations  may  ultimately  be  digital  Class  A  stations  subject  to  full  power  transmission  standards.  Wherever  legally  and  practically  possible,  digital  low  power  stations  should  be  given  the  same 
 ability  to  ensure  a  smooth  transition  for  their  viewers  as  full  power  stations.  I  trust  that  we  will  use  engineering  solutions  extensively  to  resolve  conflicts. 


 Despite  today’s  positive  step  in  accelerating  the  transition  for  low  power  stations,  other  work  remains  to  be  done.  Issues  involving  the  qualification  of  Class  A  stations  and  public  interest 
 responsibilities  for  digital  operation  have  yet  to  be  resolved.  As  I  have  emphasized  with  respect  to  full  power  stations,  providing  certainty  on  public  interest  requirements  of  broadcasters  in  the  digital  age  is  just 
 as  important  as  laying  out  further  mechanics  of  the  transition.  We  should  not  overlook  this  crucial  step  as  we  fulfill  Congress’s  vision  of  an  enhanced  digital  viewing  experience  for  all  Americans. 
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