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Short-term Analog Flash and Emergency Readiness Act

Long title	An act to require the Federal Communications Commission to provide for a short-term extension of the analog television broadcasting authority so that essential public safety announcements and digital television transition information may be provided for a short time during the transition to digital television broadcasting.
Acronyms (colloquial)	SAFER Act
Enacted by	the 110th United States Congress
Effective	December 23, 2008
Citations
Public law	Pub. L. 110–459 (text) (PDF)
Statutes at Large	122 Stat. 5121
Legislative history
Introduced in the Senate as S. 3663 by Jay Rockefeller (D‑WV) on October 1, 2008 Committee consideration by House Energy and Commerce Committee, Senate Commerce Committee Passed the Senate on November 20, 2008 (unanimous consent) Passed the House on December 10, 2008  Signed into law by President George W. Bush on December 23, 2008

The Short-term Analog Flash and Emergency Readiness Act, or SAFER Act, (S. 3663, Pub. L. 110–459 (text) (PDF)) is a U.S. law that required the Federal Communications Commission (FCC) to allow the continuation of full-power analog TV transmissions in 2009 for an additional 30 days for the purpose of broadcasting public service announcements regarding the DTV transition in the United States and emergency information. It is also commonly known as the "DTV nightlight bill" or "analog nightlight", referring to a small nightlight that is left on after all of the other lights are out. Despite the analog shutoff deadline being extended to June 12, 2009 as part of the DTV Delay Act, stations that signed off before the deadline were still permitted to participate in the SAFER Act.

This was allowed for such broadcasts, in both English and Spanish, until July 12, 2009, while normal programming ceased the previous month. It was passed by both houses of the U.S. Congress, originating in the U.S. Senate as S. 3668, and approved by the U.S. House in mid-December 2008. Such broadcasts were not required, and for stations which changed from analog to digital broadcasts on the same frequency (known as a flash-cut) this would have been impossible. Only stations signing off early or in the "core spectrum" (channels 2 to 51) were allowed to participate so that channels 52 to 69 could be cleared from the TV broadcasting spectrum. At least one station above 51, Fox affiliate WPGH-TV in Pittsburgh (channel 53), signed off its analog signal on the original February deadline, thereby allowing it to participate in the SAFER Act.

The act was signed into law by President George W. Bush on December 23, 2008 and the FCC was given until January 15, 2009 to finalize the related rules and regulations. The initial FCC-generated list of eligible stations was published on December 29, 2008. Other stations were encouraged to apply, especially in media markets where no station was listed. Stations only required a special temporary authority (STA) from the FCC to be a part of the service.

Limited presence of advertising and sponsorship was permitted, insofar as it is needed to allow news broadcasts from the main digital station to be simulcast onto the nightlight channel during an emergency. Commercial activity was otherwise limited to mere identification of sponsors. An updated FCC list of eligible stations, released January 15, 2009, identified twenty-eight stations nationwide which have expressed interest in conducting these broadcasts. The cost per station to operate the transmitters for one month has been estimated at $3,500 to $15,000, depending on the frequency, power level, and local electric rates.

Low-power TV (LPTV) stations were not required to transition to digital broadcasting until July 13, 2021, thus the bill does not affect them. Because of this exception, several stations throughout the nation, such as Washington, D.C.'s WJLA (ABC) and WDJT-TV (CBS) in Milwaukee, took advantage of the loophole by moving network programming from their former analog full-power stations to purchased or leased LPTV stations in order to continue to provide some form of analog network programming and local news to their market area until such time as digital adoption has been deemed sufficient by the stations. WJLA ended their extended service shortly after the nightlight period, while the special dispensation by CBS for WDJT to air the network on their station ended on December 31, 2009, at which time it began to transmit MeTV station WBME-TV's main signal until Weigel's low-power analog signals in Milwaukee were turned off at the beginning of 2013.

After June 12, 2009, a low-power analog station in Chicago, not required to shut down after 30 days like other nightlight stations, aired newscasts that otherwise could not be seen by a number of people after the transition while stations attempted to solve technical and reception problems.

The FCC reported 121 stations providing nightlight service in 87 markets after the June 12, 2009 transition.

All of the stations were supposed to be off the air by July 12, 2009, and David Fiske of the FCC said no investigation was planned to ensure compliance. Fiske said someone would have to report a full-power station for violating the rule. Continuation of full-power analog broadcasting beyond this date was very unlikely, as stations had a financial incentive to shut down their analog transmitters as soon as possible, which consumed much more power than their digital replacements, and had incurred much higher costs running two transmitters for several years.

While Nielsen estimated that 1.7 million people still could not pick up a digital signal as of July 1, 2009, former acting FCC chair Michael Copps said giving nightlight stations more time was not planned.

References

1. Short-term Analog Flash and Emergency Readiness Act
2. "Text of S. 3663 (110th): Short-term Analog Flash and Emergency Readiness Act (Passed Congress version)". GovTrack.us.
3. Cheng, Jacqui (November 24, 2008). "Senate: When analog TV goes dark, leave a light on". Ars Technica.
4. "Analog: don't kill it yet | Brad on Broadcast". blog.broadcastengineering.com.
5. "Preparing for a blackout: Legislation targets DTV transition, Bluefield WV Daily Telegraph, December 12, 2008".
6. "House bill allows some analog messages after DTV switch". CNET.
7. "Pittsburgh Radio & TV Online - D-Day, part 1". Archived from the original on 2009-03-11. Retrieved 2009-02-19.
8. "Nexttv | Programming| Busines | Multichannel Broadcasting + Cable | www.nexttv.com". NextTV.
9. "FCC's list of eligible SAFER Act stations" (PDF). Archived from the original (PDF) on 2011-10-17. Retrieved 2008-12-30.
10. "FCC flips on the night light - Radio & Television Business Report". www.rbr.com.
11. "Report and Order in the Matter of Implementation of Short-term Analog Flash and Emergency Readiness Act; Establishment of DTV Transition "Analog Nightlight" Program" (PDF). Federal Communications Commission. 2009-01-15. Archived from the original (PDF) on 2011-10-18.
12. "APPENDIX A – List of Stations Eligible for Analog Nightlight Program" (PDF). Federal Communications Commission. Archived from the original (PDF) on 2011-10-18.
13. Eggerton, John (2009-06-17). "Weigel's Analog Nightlight Could Help Chicago Stations With Reception Issues". Broadcasting & Cable.
14. Grotticelli, Michael (2009-06-22). "DTV Transition Not So Smooth in Some Markets". Broadcast Engineering. Archived from the original on 2009-06-28. Retrieved 2009-06-24.
15. Eggerton, John (2009-07-13). "Analog Nightlights Go Out". Broadcasting & Cable. Retrieved 2009-07-15.

External links

• National Association of Broadcasters: Digital Television Looping Nightlight Program on YouTube

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Chairs	Eugene O. Sykes (1934–1935) Anning Smith Prall (1935–1937) Frank R. McNinch (1937–1939) James Lawrence Fly (1939–1944) E. K. Jett (1944) Paul A. Porter (1944–1946) Charles R. Denny (1946–1947) Paul A. Walker (1947) Wayne Coy (1947–1952) Paul A. Walker (1952–1953) Rosel H. Hyde (1953–1954) George McConnaughey (1954–1957) John C. Doerfer (1957–1960) Frederick W. Ford (1960–1961) Newton N. Minow (1961–1963) E. William Henry (1963–1966) Rosel H. Hyde (1966–1969) Dean Burch (1969–1974) Richard E. Wiley (1974–1977) Charles D. Ferris (1977–1981) Robert Lee (1981) Mark S. Fowler (1981–1987) Dennis R. Patrick (1987–1989) Alfred C. Sikes (1989–1993) James Henry Quello (1993) Reed Hundt (1993–1997) William Kennard (1997–2001) Michael Powell (2001–2005) Kevin Martin (2005–2009) Michael Copps (2009) Julius Genachowski (2009–2013) Mignon Clyburn (2013) Tom Wheeler (2013–2017) Ajit Pai (2017–2021) Jessica Rosenworcel (2021–)
Statutory authority (Title 47 USC)	Communications Act of 1934 Brinkley Act All-Channel Receiver Act (1962) Communications Satellite Act of 1962 Public Broadcasting Act of 1967 Cable Communications Policy Act of 1984 Satellite Home Viewer Act (1988) Children's Television Act (1990) Telephone Consumer Protection Act of 1991 Cable Television Consumer Protection and Competition Act of 1992 Communications Assistance for Law Enforcement Act (1994) Telecommunications Act of 1996 Communications Decency Act Section 230 Child Online Protection Act (1998) Wireless Communications and Public Safety Act (1999) Broadcast Decency Enforcement Act of 2005 Digital Transition and Public Safety Act of 2005 Junk Fax Prevention Act of 2005 Telephone Records and Privacy Protection Act of 2006 Short-term Analog Flash and Emergency Readiness Act (2008) Truth in Caller ID Act of 2009 Commercial Advertisement Loudness Mitigation Act (2010) Local Community Radio Act (2010) Satellite Television Extension and Localism Act of 2010
Regulations and policies (Title 47 CFR)	Title 47 CFR Part 15 Title 47 CFR Part 68 Title 47 CFR Part 97 Broadcast licensing and facilities 1978 Broadcast Policy Statement on minority ownership 2008 United States wireless spectrum auction Ancillary Terrestrial Component Antenna structure registration AWS-3 auction Broadcast call signs Broadcast flag Broadcast license Broadcast range Broadcasting duopoly Carriage dispute City of license Class A television service Clear-channel station Comparative hearing Dark and silent stations Dispersal of ownership Facility ID FM Non-Duplication Rule (1964–1986) Frequency coordinator Local marketing agreement MVDDS dispute Program test authority Public file Radio Amateur Civil Emergency Service Reference distance Rimshot broadcasting Significantly viewed signals permitted to be carried Special temporary authority United States National Radio Quiet Zone White spaces Broadcasting content and programming Actionable indecency Broadcasting watershed Emergency Alert System Equal-time rule Family Viewing Hour Fairness doctrine (1949–1987) Financial Interest and Syndication Rules (1970–1993) Fleeting expletive Government-access television Mayflower doctrine (1941–1949) Must-carry Non-commercial educational station Personal attack rule Pervasiveness doctrine Prime Time Access Rule Public-access television Retransmission consent Seven dirty words Syndication exclusivity Zapple doctrine (1970–2014) Telephone and the Internet Carterfone decision Common carrier Comparably efficient interconnection Competitive local exchange carrier Emergency telephone number Enhanced 911 FCC Computer Inquiries Second Computer Inquiry FCC mark FCC registration program Feature group FCC Open Internet Order Incumbent local exchange carrier Lifeline program National Broadband Plan National Do Not Call Registry Personal Communications Service Basic Trading Areas Telecommunications Service Priority Priority level Total element long run incremental cost Universal Licensing System Universal Service Fund E-Rate
Litigation	Supreme Court FCC v. Sanders Brothers Radio Station (1940) National Broadcasting Co. v. United States (1943) United States v. Southwestern Cable Co. (1968) Red Lion Broadcasting Co. v. FCC (1969) FCC v. Pacifica Foundation (1978) CBS, Inc. v. FCC (1981) Sable Communications of California v. FCC (1989) Metro Broadcasting, Inc. v. FCC (1990) Turner Broadcasting System, Inc. v. FCC (1994) Verizon Communications Inc. v. FCC (2002) Nixon v. Missouri Municipal League (2004) National Cable & Telecommunications Ass'n v. Brand X Internet Services (2005) FCC v. Fox Television Stations, Inc. (2009) FCC v. AT&T Inc. (2011) FCC v. Fox Television Stations, Inc. (2012) FCC v. Prometheus Radio Project (2021) Other federal cases Hush-A-Phone Corp. v. United States (1956) American Radio Relay League, Inc. v. FCC (1980) Schurz Communications, Inc. v. FCC (1992) Lutheran Church–Missouri Synod v. FCC (1998) SBC Communications, Inc. v. FCC (1998) Satellite Broadcasting & Communications Ass'n v. FCC (2001) United States Telecom Association v. FCC (2004) Comcast Corp. v. FCC (2010) Verizon Communications Inc. v. FCC (2014) Tennessee v. FCC (2016) Mozilla Corp. v. FCC (2019) Prometheus Radio Project v. FCC (2019) Consumers' Research v. FCC (2023)
Agency publications	Report on Chain Broadcasting (1941) Blue Book (1946) FCC Record (1986–)
Advisory committees	FCC Network Study Committee Federal-State Joint Conference on Advanced Telecommunications Services North American Numbering Council Spectrum Task Force Technical Advisory Council
Predecessor agencies	Interstate Commerce Commission Mann–Elkins Act Radio Act of 1912 Willis Graham Act Federal Radio Commission Radio Act of 1927 Davis Amendment General Order 32 General Order 40 Grand Island FCC Monitoring Station
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