NAB letter to Capitol Hill

[Gregg Lengling]

April 27th, 2005

The Honorable Joe Barton
Chairman
House Committee on Energy and Commerce
U.S. House of Representatives
Washington, DC 20515
 The Honorable John Dingell
Ranking Member
House Committee on Energy and Commerce
U.S. House of Representatives
Washington, DC 20515
The Honorable Fred Upton
Chairman
House Subcommittee on Telecommunications &
the Internet
U.S. House of Representatives
Washington, DC 20515
 The Honorable Ed Markey
Ranking Member
House Subcommittee on Telecommunications &
the Internet
U.S. House of Representatives
Washington, DC 20515

Dear Congressmen:

     The Computer Systems Policy Project (CSPP) has written to ask that you pass legislation aimed at "completing the DTV transition as soon as possible." Local broadcasters are strongly supportive of efforts to bring this transition to a timely conclusion, and NAB stands ready to work with this Committee to accomplish that goal.

     However, we also agree with the many members of Congress who have expressed concern that a premature end to analog television would be terribly disruptive to millions of Americans. Our viewers are your constituents, and we believe that an overriding priority in ending this transition must be the protection of consumers against losing access to local television.

     To date, broadcasters have invested billions of dollars and risked the most to complete the DTV transition. According to the FCC, there are now 1,497 local stations on-air in digital operating in all 211 television markets. In addition, 87.54 percent of the more than 106 million U.S. TV households are in markets with five or more broadcasters airing DTV; another 69.23 percent of all homes are in markets with eight or more broadcasters sending digital signals. Moreover, the amount of high definition television offered by broadcast networks and local TV stations has soared. Clearly, local broadcasters have upheld our commitment to make digital television a reality.

     As these hundreds of local broadcasters are transmitting in both analog and digital signals, they are paying dual operating costs without any additional revenue source. Clearly, we have every incentive to see the transition ended and the analog spectrum freed for other uses.

     However, as a matter of public policy, the corporate financial interests of a handful of technology companies should not trump the needs of American television viewers. Make no mistake: a premature end to analog television could leave millions of Americans without access to free local TV station signals. The harm to these consumers -- a disproportionate number of whom come from poor and minority households -- must be considered against the purely parochial interests of high-tech companies hoping to profit from new uses of this spectrum.

     Today, 73 million television sets are in use in households that rely on free, over-the-air broadcasting as their only source for TV reception. Moreover, a recent study by the GAO found that 20.5 million TV households rely exclusively on over-the-air TV reception. The study also found that 28 percent of Hispanic households rely solely on over-the-air television, and that one-half of households where the head of the home is over 50 years of age and the annual income is less than thirty thousand dollars are over-the-air reliant. It is critically important that these Americans -- and those that may have second and third over-the-air TV sets in homes wired for cable and satellite -- not be disenfranchised from access to local television.

     CSPP wrongly asserts that local stations' occupation of TV spectrum band is hindering the rollout of public safety communications interoperability. The fact of the matter is that in the ten cities most likely to be struck by a terrorist attack, the communications interoperability issue has been resolved. In September 2004, USA Today reported that then-Homeland Security Secretary Tom Ridge announced that in 10 of the cities considered at highest risk for a terrorist attack, firefighters, police and other emergency responders in charge during a disaster can now talk to each other to coordinate a quick response. (See attached article). While expansion of public safety communications interoperability remains an important policy goal, CSPP appears to be overstating the problem for its own ulterior motives.

     It goes without saying that local broadcasting remains a primary "first responder" during times of crisis. Citizens know that local TV stations provide lifeline information during emergency weather situations, Amber Alerts, terrorist attacks, and other disasters. Local television stations also provide valuable services during good times, offering news and public affairs programming that citizens rely upon to be connected to their communities. We cover the local sports that communities rally around. Our partnerships with charities raise billions of dollars for non-profits that improve and strengthen communities. In short, local broadcasting has always been integral to the fabric of the American life.

     As broadcasters, we are no strangers to technological innovation. The DTV transition represents a revolutionary milestone in broadcasting, and it will further enhance our ability to serve your constituents with compelling free local content.

     In 1996, Congress and broadcasters entered into a public-private partnership aimed at bringing the next generation of free television to the viewing public. Congress, broadcasters and viewers are on the precipice of seeing this ambitious undertaking completed. As we near completion of this historic journey, we urge Congress to reject approaches that focus myopically upon clearance of spectrum to benefit the narrow interests of a small group of corporations. The overriding goal must be a seamless DTV transition that does NOT leave millions of Americans stranded from access to free TV.

     NAB looks forward to working with the Committee as you fashion a solution that will end the transition, while ensuring that Americans can enjoy continued access to free local television.

Sincerely,



 Edward O. Fritts