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Community Television, Inc. v. FCC

FCC rules implementing transition to digital television do not unlawfully grant second channel to broadcasters who received early approvals for construction of digital broadcast technology; nor do rules unfairly favor VHF broadcasters over UHF broadcasters.

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Rogers, Circuit Judge:

Petitioners and intervenors [FOOTNOTE 1] seek review of the Federal Communications Commission’s final rules establishing the procedures and timetable under which television broadcasting will migrate from the now-prevalent analog technology to digital technology. Digital technology holds the promise of either greatly enhancing the audiovisual quality of television broadcasts or of replicating current quality while liberating substantial portions of the broadcast spectrum for other uses. Because of the massive investment required by broadcasters and consumers, who must purchase digital televisions or converter devices, to accomplish the analog-to-digital transition, the rules under review provide for a ten-year transition period during which licensed broadcasters and those with permits to construct broadcast facilities as of August 3, 1997, have received an additional channel to commence digital broadcasting while continuing analog broadcasts during the transition. At the end of the transition period, analog transmissions will cease; broadcasters will retain their new digital channels and give back to the FCC their analog channels. Thus by statute, essentially all television broadcasting in the United States will be exclusively by digital technology as of December 31, 2006. See 47 U.S.C. s 309(j)(14)(A)-(B).

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