March 2006

March 20, 2006

Jonathan S. Adelstein

Commissioner

Federal Communications Commission

Jonathan.Adelstein@fcc.gov

Dear Commissioner Adelstein,

I want to congratulate you on the DTV consumer education “Call to Action” you issued at the Consumer Electronics Association’s Entertainment Technology Policy Summit on March 15. With less than three years until analog signals are turned off, it is imperative that everyone is made aware of what the digital television transition entails, and how it will affect all of our lives. As you point out, now is the time for government officials and business leaders to get serious about reaching out and educating every American about the DTV transition.

The most poignant consumer question in your speech is “what’s in it for me?” As consumers face costly investments in new digital television technology and a myriad of choices for their entertainment and informational dollars, I find it unfathomable that consumers are being asked to make this investment without knowing that the programming they find central to their lives – local news and public affairs, election coverage, disability access and emergency services, etc – will be found on digital TV signals.

While casting your vote in support of the Second Further Notice of Proposed Rule Making on Children’s Television Obligations of Digital Television Broadcasters on March 17, you expressed hope that the Commission would address the challenges of deciding on enhanced disclosure requirements, public interest obligations of digital broadcasters and the localism proceeding. Since these items are so important to the digital television transition and the future of local television broadcasting in the United States, why not include these issues in your proposed DTV Taskforce? As we have discussed previously, one of the most important issues for consumers in the DTV transition is enabling and educating consumers about their stake and right to participate in proceedings that define how broadcasters must serve local communities in return for valuable spectrum licenses.

As I am sure you are aware, the Commission’s own Consumer Advisory Committee (CAC) has already spoken – twice – on these matters. On November 19, 2004, the CAC made this recommendation:

The Commission should convene a high-profile panel on consumer concerns, similar to the industry panels convened on October 4, 2004, to bring these issues to a wider public.

One year later, the CAC adopted a recommendation calling on the Commission to complete open proceedings on the disclosure requirements for broadcasters and to define the public interest obligations of digital television broadcasters.

At the November 2005 CAC meeting, broadcaster Jim Goodmon said that without meaningful, digital age public interest obligations, local broadcast television will be dead in 15-20 years. To date, the Commission has not acted on either of the CAC DTV recommendations noted above. With new legislation signed by the President to accelerate the DTV transition, thoughtful CAC recommendation in hand, and a full Commission on the horizon, the time is right to act on advancing consumer benefits from the DTV transition.

You noted that few Americans know that last month, President Bush signed legislation setting a hard date to complete the transition on February 17, 2009. However, even fewer Americans know of broadcasters’ obligations to serve local communities, to provide educational programming for children and to disclose their efforts in a public file. When educating the public about the DTV transition, there is no need to stop short with a focus on technology, when there is so much more at stake.

I write today to commend you for your DTV Task Force recommendation and to suggest that you incorporate the critical issues around localism and broadcasters public interest obligations into your proposed DTV Taskforce. As a first step, I’d like your support in asking Media Bureau Chief Donna Gregg to report back to the CAC at our April 7 meeting on these outstanding DTV recommendations.

Thank you again for your important Call to Action.

Sincerely,

Charles Benton, Chairman
Benton Foundation

Cc: Chairman Kevin Martin

John Kneuer, Deputy Assistant Secretary, Department of Commerce

Commissioner Michael J. Copps

Commissioner Deborah Taylor Tate