"Digital-day" is upon us.  In just over two weeks, the FCC’s "tuner mandate"  takes effect - all TVs sold in the United States must from that point forward include a DTV tuner.  And in just over two years, all analog transmissions must cease.  But what are the specifics of these requirements, now cast in law?  Curious, I did some investigating, and was surprised by a few things.

Aldo Cugnini
Analyst

The tuner mandate states, in part that, "receivers with screen sizes less than 25" [diagonal measurement]… must include DTV tuners effective March 1, 2007."  So, just what is a "DTV tuner"?  Amazingly, it’s not specified.  Nowhere in the Code of Federal Regulations (or its proxy, the FCC Rules and Regulations) does it define what this is, other than an obscure requirement to "provide useable picture and sound commensurate with [a device’s] video and audio capabilities when receiving digital television signals."  Now, it’s very difficult to prove something in the negative, so if someone can find a better FCC definition than this, please let me know.

On top of this, there seems to be an error in the law as it has been written.  Thanks to our efficient legislative process, the way statutes are revised is by editorial change, not by complete rewrite.  Thus, the laws appear as instructions to revise earlier laws.  In this case, the FCC’s 2005 ruling states that the above text is to be inserted into the statutes.  However, due to an apparent clerical error, the two paragraphs below from a previous revision, were not revised.  They read in part, "The requirement for equipping new TV broadcast receivers with DTV reception capability does not apply to units with integrated tuners/displays that have screen sizes measuring less than 7.8 inches vertically, i.e., the vertical measurement of a screen in the 4:3 aspect ratio that measures 13" [sic] diagonally across the picture viewing area."  Clear as mud.

Obviously, there are a few inconsistencies here.  Referring to the actual FCC ruling, where the intent of the legislation is described, can derive a better understanding.  The definition of DTV Transmission does appear elsewhere in the regulations, which state, "transmission of digital broadcast television (DTV) signals shall comply with the standards for such transmissions set forth in ATSC A/52 [Dolby AC-3],… ATSC A/53 [video and transmission],… except for Section [A] 5.1.2.,… and ATSC A/65 (PSIP).  Ah, yes, Section 5.1.2 - have we all forgotten what that is?  Of course, it’s the infamous "ATSC Table 3," which defines the "18 formats" (actually it’s more than 18, but that’s another story) allowed by ATSC.  So we might interpret a DTV tuner as a device that receives and displays DTV transmissions - but doesn’t need to support any specific video formats, just audio.

But wait - there’s more.  The analog cutoff law, enacted by Congress as part of the Digital Television Transition and Public Safety Act of 2005, directs the FCC "to take all steps necessary to require, by February 18, 2009, that full-power television stations stop analog broadcasting." But apparently, due to another "clerical error," the House and Senate versions of the bill were not the same - but the President at least signed one version into law.  Now, I’m no expert on Constitutional Law, but some sources claim that this violates the Constitution, and thus the law is invalid.

So, the FCC has authorized DTV transmissions, but makes no requirement as to what picture format is transmitted.  And the FCC has mandated DTV tuners, but doesn’t state what they are.  And Congress has legislated the DTV transition, but the law may be invalid.

So here’s my assessment:

• All DTV transmissions, by pragmatism, must be either 480i, 720p, or 1080i
• Starting next month, all TV sets must have a DTV tuner
• Proceed at your own peril if the DTV tuner doesn’t support the above formats
• Some bureaucrat will fix the DTV transition law before it takes effect

We read every day that the public is woefully uninformed about the DTV transition, yet the feds keep adding to the problem, instead of clearing it up.  Standard disclaimer: the information provided here is only intended to be general summary information to the public.  It is not intended to take the place of either the written law or regulations.  Your results may vary.  Close cover before striking.  Consult a lawyer for legal advice (no wait a minute - isn’t that what caused the problem in the first place?).  –AC