I don't know about forcing them to get out of the broadcasting business entirely in 2010; sounds a little too draconian to me. However, many stations will not be on air with (H)DTV on May 1st, 2002. They will want waivers to delay their digital on air date.
I think the FCC should only grant those waivers on the condition that the local affiliate grant out of market waivers to any and all viewers who want a distant HDTV signal. Quick example of how this might work: the local CBS affiliate for Toledo, OH is KTOL. Suppose that KTOL-DT does not make the federal deadline of May Day, 2002. They go bitching and whining to the FCC for a waiver (along with ~600-800 other local broadcasters).
The FCC could fine them a bunch of money or even take back their digital channel (fat chance). Instead, the FCC says fine, have a 2-3 year reprieve. However, anyone in the greater Toledo area who wants an out of market CBS HDTV feed can get it (assuming CBS still offers such a service over Echostar and other means of distribution).
The local station can make an intelligent business decision. They can pay a good deal of money to update their infrastructure, or they can watch more and more of their most affluent viewers watch a station that gives a damn about picture quality. Viewers are no longer serfs to the local station. What do you think, is this a fair way to give the laggard analog stations a brief reprieve?
Jim in cosmopolitan Shreveport
Let me get this straight, this show is hi-def and 5.1, but my local affiliate makes it crappy NTSC and mono?!
Free over the air HDTV + Tivo HD + Netflix for Blu-ray and streaming = Bliss