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TVNewsDay
3/4/2009
To say that current economic conditions are challenging for broadcasters is akin to noting that the Ice Age was chilly.

Like many industries, consolidation and growth was fueled by the easy availability of capital, and now broadcasters struggling under the weight of reduced advertising sales and large debt payments must also struggle to meet their loan covenants.

For those of us involved in both the regulatory and transactional sides of the industry, 2009 threatens to be the year that bankruptcies, loan workouts and alternative financing arrangements exceed all other major transactions.

In working with both broadcasters and their creditors seeking to navigate these dark waters, we have crafted some basic “rules of the road” that make it easier to both assess and preserve your options going forward.

At the outset, the most obvious piece of advice — and advice that is too often ignored — is that in today’s difficult financial environment, broadcasters need to continually focus on their relationships with their lenders.

Rather than avoiding such conversations as the risk of violating a loan covenant grows, broadcasters should actively engage their lenders, even if they find such discussions uncomfortable.

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DTV Transition Date Officially Moved to June 12, 2009

February 2009
President Obama signed into law the DTV Delay Act that serves to move the digital television transition from February 17th to June 12th.
Irrespective of this delay, many stations will proceed with the termination of analog operation on February 17th. Additional information regarding the procedures for termination of analog service may be found in the group’s prior advisories on the subject, which may be accessed via the links provided below:

A PDF version of this entire article can be found at President Obama Signs DTV Delay Act Into Law.

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February 2009
On February 13, 2009, the FCC released a Report and Order implementing the DTV Delay Act. Pursuant to the Report and Order, the following authorizations are modified as noted:

  • Analog Television Licenses: expiration date extended from February 17, 2009, to June 12, 2009, (11:59:59 PM local time);
  • Post-Transition DTV Construction Permits: expiration date extended from February 17, 2009, to June 12, 2009, (11:59:59 PM local time);
  • Special Temporary Authority grants for analog reduction related to the DTV transition: expiration date extended from February 17, 2009 to June 12, 2009 (11:59:59 PM local time);
  • Special Temporary Authority grants for operation of pre-transition digital facilities at variance to pre-tran­sition license or construction permit: expiration date extended from February 17, 2009 to June 12, 2009, (11:59:59 PM local time);
  • Authority to commence post-transition digital operation: moved from February 18, 2009 to June 13, 2009, (12:00 AM local time).

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February 2009
Pursuant to the FCC’s February 5th Public Notice, “Procedures Regarding Termination of Analog Television Service On or After February 17, 2009,” any station wishing to early terminate analog operation was required to notify the FCC no later than February 9th. On February 10, the FCC released a list of the 491 stations that had filed this notification indicating their intent to terminate analog operations on February 17th. Yesterday evening, February 11th, the FCC announced that 123 of these stations will be required to undertake supplemental public interest initiatives in order to proceed with analog termination on February 17th. A copy of this list is attached.

As outlined in the attached Public Notice, any station listed that wishes to proceed with analog termination on February 17th must file a “Certification/Alternate Showing: Analog termination on February 17, 2009” form with the FCC no later than 6:00 EST Friday, February 13th representing that a number of additional DTV-related information/assistance efforts will be undertaken. Stations that certify to these conditions will be permitted to cease analog operation without receiving any additional authorization from the FCC.

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February 2009
Pursuant to the FCC’s February 5th Public Notice, “Procedures Regarding Termination of Analog Television Service On or After February 17, 2009,” any station wishing to “early” terminate analog operation was required to notify the FCC no later than February 9th of their intent to do so.

On February 10th, the FCC released a list of the 491 stations that filed this notification indicating their intent to terminate analog operation on February 17th. The list also reflects the 190 stations that have already terminated analog operations or intend to do so prior to February 17th.

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2/6/2009
Members of our Communications Group sought and received clarification from the FCC staff regarding ambiguities in the FCC’s February 5th Public Notice on Procedures Regarding Termination of Analog Television Service On or After February 17, 2009.

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On Wednesday, February 4th, Pillsbury’s Communications practice participated in a Webinar session entitled “Retrans Agreements: What the Other Side Knows…That You May Not.”

Retransmission agreements are growing more complex and retransmission fees are becoming a bigger share of broadcast revenue. As business approaches and technology evolve, broadcasters are packing more content into their signals and expanding their web offerings. Some cable operators are asking for more than simple retransmission rights when they pay cash to broadcasters. This can have a big impact on broadcast operations.

The Webinar session addressed the changing face of retransmission consent, and what station and station group executives need to know before their next round of negotiations. The Webinar also discussed post-agreement issues, including the mechanics of fee computation.

Questions addressed included:

  • How can retransmission agreements restrict broadcast business opportunities?
  • Can both sides benefit from deployment of new technologies like mobile video and interactive broadcasting?

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A Q&A with Pillsbury’s Lauren Lynch Flick

1/27/2009
Consumer advocates want to push back the February 17, 2009 jump to digital broadcasting, but an extension may do more to simply postpone feared disruptions than prevent them.

Next to the Internet, perhaps no consumer technology platform is evolving faster than television. For more than a generation, channel surfing was a relatively simple decision from a service standpoint. Analog broadcasts dated back to the 1940’s, while competing cable and satellite-based subscription services gained popularity in the ensuing decades. Today, these traditional choices are being revamped by the growing popularity of more sophisticated high definition (HD) TV equipment and myriad set-top receiver options from service providers and consumer electronics manufacturers that provide greater access and control over content. Yet, just as the nation is poised to embrace a major step forward in the evolution of over-the-air television, concerns for the nation’s readiness to do so threaten the government’s long-standing proposal to terminate analog broadcasts in favor of digital television (DTV) on February 17, 2009.

Already implemented in regional test markets, this massive digital “switchover” has revealed several important lessons and issues unanticipated by consumers. In this Q&A, Pillsbury Communications law partner Lauren Lynch Flick answers persistent questions consumers have regarding how they can stay informed and tuned-in.

Q: Let’s start with the big switch to digital TV signals, who does this affect and why is it happening?

A: In short, many of the frequencies, or channels, that broadcasters use today for the free, “over the air” television stations that we are all familiar with and used to being able to receive, are being reallocated for public safety, such as assuring that police and fire crews can communicate with one another on the same frequencies in an emergency, as well as for new wireless services by phone and data carriers. In the past year, the Federal Communications Commission (FCC) auctioned these old analog TV frequencies off to the highest bidding companies in anticipation of television broadcasters vacating the channels by the Congressionally-mandated deadline of February 17, 2009.

The switch to newer, digital TV (DTV) signals allows broadcasters to provide viewers with additional programming streams, as well as greatly increased picture and sound quality. Nevertheless, the challenge of making sure that all households, especially those with older sets, can receive the new signals, is daunting.

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1/26/2009
Legislation has been introduced in the United States Senate which, if enacted, would delay the current February 17, 2009 DTV transition deadline for a period of four months, or until June 12, 2009. A delay in the transition date will inevitably cause uncertainty and raise many questions, such as whether a station’s decision to cease analog operations before the proposed deadline may still go forward as planned.

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