STATEMENT OF 
COMMISSIONER MIGNON L. CLYBURN
Re:  Carriage of Digital Television Broadcast Signals:  Amendment to Part 76 of the 
Commission’s Rules, CS Docket No. 98-120.
The decision to allow the viewability rule to expire was not an easy one for me. Voting 
to let this rule sunset requires this agency to once again trust corporate stakeholders to act in the 
public’s best interest, and to do so in such a way that meshes with the spirit of the FCC’s 
intentions.
It is of the utmost importance that stations are able to reach any and all cable viewers, 
regardless of whom or where they are. Cable providers have committed to this office that they 
will make the transition as painless as possible and that if needed, set-top boxes will be widely 
available, at an extremely low (if any) cost, easy to get, and easy to install. I will hold them to 
that commitment.
This step is the one of the biggest examples of a trust-based approach in quite some time, 
and yes, it comes with some anxiety. As I have mentioned time and again, we look to industry to 
use best practices, proactive and thorough outreach, and forward thinking when a large-scale 
change of service is on the horizon. My staff and I have repeatedly pressed cable providers on 
this point, and have expressed our concerns regarding the availability, affordability, and 
deployment of TV set-top boxes for the public once the analog signal ceases to be utilized. I also 
made my hesitancy known to Chairman Genachowski, and mentioned that the only way this 
transition can effectively serve all Americans is if low-cost converter boxes are attainable to all 
consumers immediately prior to the transition. I also noted that some consumers may lack the 
wherewithal to fully realize what has all of the sudden happened to their signals, and we must 
stand ready to assist them should they seek answers from the Commission.
After stating these concerns, language was added to this rulemaking that contemplates a 
remedy to resume analog carriage of channels should consumer outcry and confusion rise to a 
noticeable level. As always, we are prepared to take into account complaints made to our 
consumer bureau, and will closely monitor the transition. My interest in a smooth adaptation is 
so great that I will be personally inquiring about it during every one of my field engagements, 
town halls, and public speaking opportunities going forward. No matter the venue, the audience, 
nor the subject, I intend to gauge the level of awareness and reaction to this rulemaking with 
individuals all across the nation. If set-top box fees become higher than I have been led to expect, 
and viewers experience “box-shock”, I will be vocal with the cable industry, and will seek 
appropriate and stiff remedies.
To be clear: Through this rulemaking, we are not instructing cable companies to shut off 
their analog signals. Rather, we are giving them the flexibility to do so, consistent with the First 
Amendment. These companies have a vested interest in providing their subscribers with 
comprehensive service at reasonable rates, and I am confident that easing the transition away 
from analog service will be no exception.
Cable companies, both large and small, have committed to provide stations with no fewer 
than 90 days of notice before switching away from analog service.  Further, the six-month phase-
in laid forth in our ruling will enable must-carry stations to educate their viewers about the 
transition, via on-air messages, website postings, mailings, and any other form of communication 
that will increase viewer awareness regarding the change in service. The better the consumer 
expectations, the more likelihood that subscribers will not be surprised, and I expect nothing less 
than an unprecedented and vigorous canvassing operation from the cable industry in this regard.
I feel it necessary to directly address the issue of diversity in the context of this ruling.
While there will be an initial adjustment period once the analog stream is removed, this transition 
may actually help increase diverse programming via the dedication of more spectrum, which in 
actuality could lead to more capacity for increased channel options. Going from analog to digital 
will result in better and more efficient service to consumers, and will allow cable companies to 
offer more content with less bandwidth. Stemming from this will be the ability to provide more 
diverse services, such as multiple digital streams for a variety of unique offerings, like national 
diverse and ethnic programming that cannot be currently carried due to space restrictions.
Capacity to offer faster and better broadband can be reclaimed, over-the-top video viewing can be 
done at increased speeds, and the number of new high-definition stations will result in more 
competition between providers, thus driving down prices for consumers and providing new 
services for viewers.
Finally, I want to dispel some of the misinformation that has persisted throughout our 
deliberation of this ruling. All must carry stations will continue to be carried! They will be on 
the basic service tier that is available to all consumers, and will not be carried in a duplicative 
nature. This is in furtherance of the undeniable shift in the marketplace, in which everything is 
going digital. Moreover, it is consistent with other recent rulemakings, most notably the nation’s 
shift to digital television via our DTV transition. That undertaking was done with robust 
oversight and strong commitments from private industry, and I hope this ruling mirrors it.
Customers must not be burdened any more than necessary, and on that, I will hold cable 
providers accountable.