Low-Power Television and Translator Digital-to-Analog Conversion Program, 61109-61114 [E7-21113]
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Federal Register / Vol. 72, No. 208 / Monday, October 29, 2007 / Notices
Forest, 1249 South Vinnell Way, Suite
200, Boise, Idaho 83709.
FOR FURTHER INFORMATION CONTACT: Jim
Keller, Recreation Program Manager,
208–373–4142. Information about
proposed fee changes and other
proposed management actions
developed in the Recreation Facility
Analysis process can also be found on
the Boise National Forest Web site:
https://www.fs.fed.us/r4/boise/.
SUPPLEMENTARY INFORMATION: The
Federal Recreation Lands Enhancement
Act (Title VII, Pub. L. 108–447) directed
the Secretary of Agriculture to publish
a 6-month advance notice in the Federal
Register whenever new recreation fee
areas are established.
Once public involvement is complete,
these new fees will be reviewed by a
Recreation Resource Advisory
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implementation.
People wanting to rent the Swanholm
and Rice Peak Lookouts, the Landmark
Ranger Station or the Johnson Creek
Guard Station would need to do so
through the National Recreation
Reservation Service, at https://
www.reserveusa.com or by calling 1–
877–444–6777 when it becomes
available.
Dated: October 23, 2007.
Frank V. Guzman,
Deputy Forest Supervisor.
[FR Doc. 07–5337 Filed 10–26–07; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN: 0648–XD63
The
Caribbean Fishery Management Council
in conjunction with the National Marine
Fisheries Service intends to prepare
Draft Environmental Impact Statements
(DEISs) to describe and analyze
management alternatives to be included
in amendments to the Fishery
Management Plans (FMPs) for the spiny
lobster, reeffish, and queen conch
fisheries of Puerto Rico and the U.S.
Virgin Islands. The alternatives include:
no action; to require escape vents of
various sizes and shapes in traps and
pots; to extend the seasonal closure for
queen conch or set an annual quota; or
to close the fishery for this species in
the exclusive economic zone (EEZ) off
St. Croix, U.S.V.I. Also, the Council
seeks input to implement a size limit on
imports of spiny lobster into the USA.
The purpose of this scoping meeting is
to solicit comments from agencies and
the general public on the scope of issues
to be addressed by the Council.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
SUPPLEMENTARY INFORMATION:
Special Accommodations
Caribbean Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
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268 Munoz Rivera Avenue, Suite 1108,
San Juan, Puerto Rico 00918–2577;
telephone: (787) 766–5926.
SUMMARY: The Caribbean Fishery
Management Council will hold a second
scoping meeting in St. Croix, U.S. Virgin
Islands.
DATES: The meeting will be held on
November 13, 2007, from 7 p.m. to 10
p.m.
ADDRESSES: The meeting will be held at
the Curriculum Center, Department of
Education, Estate Kingshill, St. Croix,
U.S.V.I.
The meeting is physically accessible
to people with disabilities. For more
information or request for sign language
interpretation and/other auxiliary aids,
please contact Mr. Miguel A. Rolon,
Executive Director, Caribbean Fishery
Management Council, 268 Munoz
Rivera Avenue, Suite 1108, San Juan,
Puerto Rico 00918–2577, telephone:
(787) 766–5926, at least 5 days prior to
the meeting date.
Dated: October 24, 2007.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E7–21198 Filed 10–26–07; 8:45 am]
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National Telecommunications and
Information Administration
[Docket No: 070920527–7528–01]
Low-Power Television and Translator
Digital-to-Analog Conversion Program
National Telecommunications
and Information Administration (NTIA),
Department of Commerce.
ACTION: Initial announcement—notice of
availability of funds.
AGENCY:
SUMMARY: The National
Telecommunications and Information
Administration (NTIA) has established a
program through which each eligible
low-power television broadcast station,
Class A television station, television
translator station, or television booster
station, may receive compensation
toward the cost of the purchase of a
digital-to-analog conversion device that
enables it to convert the incoming
digital signal of its corresponding fullpower television station to analog
format for transmission on the lowpower television station’s analog
channel. The conversion devices are
necessary so the eligible stations can
continue to broadcast in analog after
February 17, 2009.1 Without converter
devices, the eligible facilities will be
unable to receive the incoming off-air
digital signal for conversion and
rebroadcast to consumers within their
coverage area.
DATES: Applications for the Low-Power
Digital Conversion Program may be
submitted during the period October 29,
2007–February 17, 2009. Applications
requesting Priority compensation may
be submitted during the three-month
period October 29, 2007–January 31,
2008. Non-priority applications may be
submitted beginning February 1, 2008.
FOR FURTHER INFORMATION CONTACT:
NTIA Program Officers are prepared to
give technical assistance to potential
applicants within available resources.
They may be contacted by telephone at
(202) 482–5802, by fax at (202) 482–
2156, or by mail at the address given in
Section IV (NTIA mailing and delivery
address for applications), above. NTIA
e-mail address is lptv@ntia.doc.gov.
SUPPLEMENTARY INFORMATION:
Catalog of Federal Domestic
Assistance (CFDA) Number: 11.553.
Program Authority: The Deficit
Reduction Act of 2005, Pub. L. 109–171,
Section 3008, 120 Stat. 4, 25–26 (2006).
1 February 17, 2009, is the date that full-power
television stations are required to cease analog
broadcasting. 47 U.S.C. 309(j)(14); see also Deficit
Reduction Act of 2005, 120 Stat. at 21.
Caribbean Fishery Management Council,
15:25 Oct 26, 2007
DEPARTMENT OF COMMERCE
BILLING CODE 3510–22–S
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 72, No. 208 / Monday, October 29, 2007 / Notices
Amount to be Awarded: $8 million;
approximately 8,000 awards.
Funding Instrument: Grant.
Eligible Applicants: Any individual or
organization that holds a license or
construction permit from the Federal
Communications Commission for a lowpower television broadcast station, Class
A television station, translator television
station or booster television station.
Additional Information on Eligibility:
To be eligible for this program, a lowpower, Class A, translator or booster
television station (1) must be
broadcasting exclusively in analog
format; and (2) did not purchase a
digital to analog conversion device as
defined by the program prior to the date
of enactment of the Digital Television
Transition and Public Safety Act of
2005.2
Cost Sharing: Cost sharing is not
required.
Limitation on Number of
Applications: None.
I. Funding Opportunity Description
A. Overview
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In this Notice of Availability of Funds
(Notice), NTIA implements the Lowpower Television and Translator Digitalto-Analog Conversion Program pursuant
to Section 3008 of the Deficit Reduction
Act of 2005 (Act). This Act, among other
things, directs the Federal
Communications Commission (FCC) to
require full-power television stations to
cease analog broadcasting after February
17, 2009, but permits low-power
television stations, Class A stations,
television translator stations and booster
stations to continue broadcasting in
analog after that date. It also authorizes
NTIA to create an assistance program for
low-power stations desiring to continue
analog broadcasts. Specifically, Section
3008 of the Act authorizes the Assistant
Secretary for Communications and
Information ‘‘to implement and
administer a program through which
each eligible low-power television
station may receive compensation
toward the cost of the purchase of a
digital-to-analog conversion device that
enables it to convert the incoming
digital signal of its corresponding fullpower television station to analog
format for transmission on the lowpower television station’s analog
channel.’’ 3
2 Title III of the Deficit Reduction Act of 2005 may
be cited as the ‘‘Digital Television Transition and
Public Safety Act of 2005.’’ The Deficit Reduction
Act of 2005, Pub. L. No. 109–171, was enacted into
law on February 8, 2006.
3 120 Stat. at 25, 26.
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B. Summary of Relevant Provisions of
the Act
Section 3002 of the Act amends the
Communications Act of 1934 to permit
low-power television broadcast stations,
Class A television stations, television
translator stations, and television
booster stations to continue to broadcast
in analog after the February 17, 2009,
deadline for digital conversion of fullpower television stations.4 This section
further requires all Class A television
stations in the digital television service
to broadcast in the radio spectrum
between 54 and 698 megahertz (MHZ),
by February 18, 2009.5 Section 3003 of
the Act directs the FCC to begin an
auction of returned analog television
spectrum no later than January 28, 2008,
and to deposit auction proceeds into a
fund established by the Act no later
than June 30, 2008. The returned analog
television spectrum to be auctioned is
the band between 698 and 806 MHZ,
except for the 24 MHZ that has been
reserved for public safety uses and
certain other frequencies that have
already been made available through
auction.6 Section 3004 of the Act
establishes a new Treasury fund to be
known as the Digital Television
Transition and Public Safety Fund
(Fund).7 It directs the receipts from the
FCC’s analog spectrum return auction to
be deposited into the Fund.
Specific to this Notice, Section 3008
of the Act directs NTIA to implement
and administer a program through
which each eligible low-power
television broadcast station, Class A
television station, television translator
station, or television booster station,
may receive compensation toward the
cost of the purchase of a digital-toanalog conversion device that enables it
to convert the incoming digital signal of
its corresponding full-power television
station to analog format for transmission
on the low-power television station’s
analog channel. The Act defines the
term ‘‘eligible low-power broadcast
television station’’ to mean a ‘‘a lowpower television broadcast station, Class
A television station, television translator
station, or television booster station—(1)
that is itself broadcasting exclusively in
analog format; and (2) that has not
purchased a digital-to-analog conversion
device prior to the date of enactment of
the Digital Television Transition and
Public Safety Act of 2005.’’ 8 The Act
authorizes NTIA to use up to $10
million from the Fund to implement the
4 Id.
at 21.
5 Id.
6 Id.
at 22.
program. This section also authorizes
NTIA, beginning on October 1, 2006, to
borrow not more than $10 million from
the Treasury to implement the program.
NTIA, however, must reimburse the
Treasury for this amount, without
interest, as recovered analog television
spectrum auction proceeds are
deposited into the Fund.
In a related matter, though not
directly the subject of this Notice,
Section 3009 of the Act creates a second
program to assist low-power television
stations. Under Section 3009, NTIA is
authorized to make payments up to $65
million ‘‘to upgrade low-power
television stations from analog to digital
in eligible rural communities.’’ 9 NTIA
does not have borrowing authority for
the program established under Section
3009 and so must wait until funds are
deposited in the Fund, by June 30, 2008,
before beginning this second program.
As part of this Notice, NTIA will also
seek information from low-power
stations, Class A stations, television
translator stations and booster stations
that may be eligible for payments from
NTIA under Section 3009, even if they
may not qualify for payments under the
Section 3008 program. This information
is discussed further below in Section
VIII B (Application Forms).
II. Award Information
NTIA funding assistance is in the
form of grants. As explained further
below, NTIA will provide a uniform
grant of $1,000 per station for the
purchase of a digital-to-analog
conversion device. As of July 2007, the
FCC has authorized approximately
8,000 low-power and translator stations.
NTIA is authorized under Section 3008
to expend up to $10 million for this
program, including the costs of program
administration. There are sufficient
monies available to enable NTIA to
award grants on a non-competitive basis
to all eligible stations that have filed a
complete, timely application.
The award period of the grant will
start as soon as possible after receipt,
review and approval of the application.
Grantees will be notified of the approval
date of their award.
Grantees will be given a six-month
period after a grant is awarded during
which the equipment funded by the
grant must be purchased and installed.
NTIA will also issue grants to
reimburse those eligible stations who
purchased an eligible digital-to-analog
conversion device after February 8,
2006, the date of enactment of the Act.
Grantees must retain records of
purchase of the digital-to-analog
7 Id.
8 Id.
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conversion device for a three-year
period following receipt of the NTIA
grant. NTIA will randomly request
documentation of equipment purchases
within this time period. Grantee must
keep all records intact and accessible for
a three-year period.10
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III. Applicant Eligibility Information
Section 3008(c) of the Act defines the
term ‘‘eligible low-power television
station’’ to mean ‘‘a low-power
television broadcast station, Class A
television station, television translator
station, or television booster station—(1)
that is itself broadcasting exclusively in
analog format; and (2) that has not
purchased a digital-to-analog conversion
device prior to the date of enactment of
the Digital Television Transition and
Public Safety Act of 2005.’’ 11
NTIA interprets a ‘‘low-power
television broadcast station, Class A
television station, television translator
station, or television booster station’’ to
mean a facility authorized by the
Federal Communications Commission
to use the television broadcast
spectrum. NTIA will require an eligible
station to have FCC broadcast
authorization.
The Act states that an eligible station
must be ‘‘itself broadcasting exclusively
in analog format.’’ 12 NTIA interprets
this language to mean that the facility
must be broadcasting as authorized by
the FCC, not merely possess a
Construction Permit. Authorization for
broadcast, however, does not mean that
the FCC must have issued a license for
the station. Under Section 74.14 of the
FCC’s Rules, 47 CFR 74.14, a station can
begin broadcasting service or program
tests once it has completed construction
and filed for a license showing that it
complies with the FCC’s technical
requirements and engineering
standards.
Since almost all full power television
stations are now broadcasting a digital
signal, NTIA believes that low-power
television and translator stations now
currently under construction should be
installing equipment to receive their
corresponding full power station’s
digital signal, rather than its analog
signal. NTIA published information on
its Web site regarding program
implementation and included a
statement that suggested September 30,
2007, as the date by which low-power
stations must be broadcasting to be
10 2 CFR 215.53(b). While this section refers to
requirements imposed upon non-profit
organizations receiving federal grants, NTIA
imposes the requirement on all grantees under this
program.
11 120 Stat. at 26.
12 Id. (emphasis added).
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eligible for this program.13 To provide
those applicants nearing completion of
their facility sufficient time to complete
their construction and prepare FCC
license filings, NTIA will permit
applicants to file their FCC license
applications prior to November 29,
2007. In sum, NTIA will require that an
applicant for this program either hold
an FCC broadcast license or have filed
an application for a broadcast license
prior to November 29, 2007.
Included in the Act’s definition of an
eligible station is the requirement that it
‘‘is broadcasting exclusively in analog
format.’’ 14 NTIA understands that,
under FCC procedures, a single
broadcast television can operate both
analog and digital transmission
facilities. Under the FCC’s digital
television rules, television stations have
operated on both an analog channel and
on a companion digital channel. The
FCC considers these facilities as a single
station licensed under a single set of call
letters, broadcasting both on an analog
and on a digital channel. The FCC is
now assigning digital companion
channels to low-power television
facilities. Inasmuch as the Act requires
a low-power station to be broadcasting
exclusively in analog format, stations
that broadcast in digital, either on the
main channel or on a companion
channel, will not be eligible to
participate in this program. An
applicant to the program must certify
that it does not broadcast in digital as
of the date of submission of the
application.
The Act further includes in the
definition of an eligible station the
requirement that the facility ‘‘has not
purchased a digital-to-analog conversion
device prior to the date of enactment of
the Digital Television Transition and
Public Safety Act of 2005’’ (i.e.,
February 8, 2006).15 NTIA considers a
purchase made when funds are
obligated through the issuance of a
purchase order or other means, not
when funds are actually paid.
Applicants must be able to certify that
they did not order or purchase a digitalto-analog conversion device, as
discussed in this document, prior to
February 8, 2006.
IV. Project Eligibility
In addition to the definition of an
eligible station as discussed above,
Section 3008(a) of the Act limits the
program to those stations that need ‘‘to
13 NTIA Low-Power Television Digital Programs.
June 22, 2007, https://www.ntia.doc.gov/otiahome/
dtv/LPTVDigital_070622.htm.
14 120 Stat. at 26 (emphasis added).
15 Id.
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convert the incoming digital signal of
[their] corresponding full-power
television station to analog format for
transmission on the low-power
television station’s analog channel.’’ 16
The Act provides that the digital-toanalog converter device can only be
used by a low-power station that
receives a digital signal from its
corresponding full-power television
station, and converts that digital signal
to an analog signal. While the digital-toanalog converter device usually is
placed at the low-power station site, it
sometimes is located at a remote headend location and then the full power
station signal relayed to the low-power
station site by microwave or other
means. In circumstances where the
microwave provides a signal to more
than one low-power station, only a
single digital-to-analog converter can be
funded by the program.
While the digital-to-analog converter
device described in the Act can be used
by a low-power station that receives its
digital television signal off-air at either
the station site or at an intermediate
microwave head end site, it cannot be
used by a low-power station that
receives its signal via satellite.17
Further, it cannot be used by a lowpower station that receives an analog
television signal, such as those in a
‘‘daisy chain’’ of low-power stations
where the first station converts a fullpower digital television signal to analog,
and the remaining stations in the chain
rebroadcast the previous low-power
station’s analog signal. Low-power
stations that receive a signal from an
analog low-power station in a daisy
chain or via satellite, therefore, are not
eligible for this program.
V. Equipment Eligibility
As noted earlier, Section 3008(a) of
the Act authorizes NTIA to support the
purchase ‘‘of a digital-to-analog
conversion device that enables [the
station] to convert the incoming digital
signal of its corresponding full-power
television station to analog format
* * *.’’ 18 The device described in the
Act is a digital tuner/receiver that will
pick up the digital television signal of
the full-power digital station and
provide an output to feed the low-power
station’s analog transmission system.
16 Id.
17 Incoming satellite or microwave signals are
usually baseband video and audio. Translators fed
in this manner are different from those referred to
in the Act. A low-power station receiving a satellite
or microwave signal could not use an off-air digitalto-analog conversion device as proposed in the Act
(other than stations receiving a microwave signal
fed via an intermediate off-air pick up as described
above).
18 120 Stat. at 25.
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The digital turner/receiver will replace
the analog tuner/receiver currently used
by many low-power stations to pick up
the off-air analog signal of the
corresponding full-power analog
television station. A professional grade
digital tuner/receiver should have the
capability of auto reset to the designated
full-power TV station virtual channel
(e.g. Ch. 26–3) in event of power failure.
The output of the digital tuner/receiver
would normally provide a baseband
video signal which in turn can feed the
station’s existing modulator to modulate
an RF signal that would drive the lowpower station’s transmission system.
Professional-grade digital off-air
tuners must have the capability to reset
to the desired channel in the event of
power failure. Some translators transmit
the SAP signal for Reading Services or
Second Language Programming, and
continuity of those services should be
considered for those stations utilizing
the subcarrier. Additionally, at the time
they cease analog operations, some full
power digital television stations will
change their transmit frequency. NTIA
believes the receiver should be agile and
easily adjustable to either the VHF or
UHF bands. NTIA also recognizes the
likelihood that additional costs may
arise for outside receive antennas
considering that many digital
transmitters are allocated to UHF
frequencies. However, outside receive
antennas are not ‘‘digital-to-analog
conversion device[s]’’ and will not be
supported by the program.
NTIA will award each eligible station
a grant of $1,000 for the purchase of a
digital tuner/receiver to pick-up the offair signal of its corresponding fullpower station for conversion to analog
broadcasts.19 NTIA understands that
some low-power stations use a
heterodyne technology that integrates
the station’s existing analog tuner/
receiver and the station’s modulator
inside a single box. These stations may
have to purchase a separate modulator
to interface with the NTIA funded
digital tuner/receiver, or they may use
the NTIA grant of $1,000 to purchase a
19 This maximum amount is consistent with
legislative history of Section 3008. See H.R. Rep.
109–362, at 204 (2005) (providing that the
‘‘Assistant Secretary shall determine the maximum
amount of compensation such a low-power
television station may receive based on the average
cost of such digital-to-analog conversion devices
during the time period such low-power broadcast
television station purchased the digital-to-analog
conversion devices, but in no case shall such
compensation exceed $1,000.’’) At the time of
Conference Report’s publication, professional grade
digital off-air tuners with analog outputs were
commercially available for approximately $1,000.
Several models were available from manufacturers
including CADCO, LG and Zenith at prices ranging
from $800 to $1,400.
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heterodyne unit that includes a digital
tuner/receiver function, if these units
are commercially available. NTIA
encourages broadcast equipment
manufacturers to provide heterodyne
units that include both analog RF and
digital RF outputs to feed transmission
systems. Such units will assist lowpower television stations in
economically switching to digital
broadcasting in the future.
VI. Priority Compensation
Section 3008(a) mandates that
‘‘[p]riority compensation shall be given
to eligible low-power television stations
in which the license is held by a nonprofit corporation and eligible lowpower television stations that serve
rural areas of fewer than 10,000
viewers.’’ 20
The provision of priority
compensation raises several issues that
will be discussed in the following
paragraphs. These issues are: (1) The
definition of a non-profit corporation,
(2) the definition of eligible low-power
television stations that serve rural areas
of fewer than 10,000 viewers, (3) how a
request for priority status should be
documented, and (4) how the priority
should be given.
The Act does not define the term
‘‘non-profit corporation.’’ NTIA will
accept the common usage of the term
non-profit corporation as a corporation
that has received a determination of
non-profit status under state or Federal
law, including stations licensed to
entities organized under Section 501(c)
of the Internal Revenue Service Code.21
Under this definition, a governmental
unit would not qualify for priority
compensation unless the unit has a
separate corporate charter and has
received a determination of non-profit
status. NTIA will accept applicant selfcertification as to whether it is a nonprofit corporation. NTIA reserves the
right to request an applicant to provide
documentation of its non-profit status.
The Act also requires that priority
compensation be given to low-power
stations that ‘‘serve rural areas of fewer
than 10,000 viewers.’’ 22 NTIA
recognizes that there are several
hundred low-power stations that may
request priority under this provision. To
determine station eligibility for priority
compensation, NTIA will utilize the
industry standard for population
coverage as established by the FCC. This
standard is the population within the
50/50 contour. NTIA will use the
population within a low-power station’s
20 120
Stat. at 26.
21 26 U.S.C. 501(c) except not (c)(4).
22 120 Stat. at 26.
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50/50 service contour as one of the
criteria upon which to base the award
of priority compensation. Applicants
must certify that a station’s 50/50
contour includes fewer than 10,000
people to qualify for the program’s
priority compensation. NTIA reserves
the right to request an applicant provide
documentation of this population
coverage.
In sum, an applicant requesting
priority compensation must (i) be a nonprofit corporation; or (ii) serve fewer
than 10,000 people within the lowpower station’s 50/50 service contour.
In addition to determining how to
establish the priority for service to rural
areas, NTIA must also determine how to
implement this priority. Under the Act,
there is approximately a 16 and one-half
month period when stations can request
funding that begins October 1, 2007 and
ends February 17, 2009.23 NTIA
believes that the easiest way to
administer the priority is to establish
two application periods. During the first
application period, (the Priority Period)
which would extend for three months
from the date of publication of this
Notice, October 29, 2007, through
January 31, 2008, NTIA will only
process applications from stations that
are eligible for priority consideration.
Beginning February 1, 2008, NTIA
would conduct an Open Period during
which it would process all applications
regardless of priority.
VII. Matching Funds Requirements
There are no matching funds required
for this program. There is no limit on
the number of applications an applicant
may submit.
VIII. Application Procedures
A. Application Submission
NTIA will accept applications that are
postmarked during the 15 and one-half
month period October 29, 2007, through
February 17, 2009.
Applicants may request funds for
each eligible station they operate.
Applicants may submit only a single
request for each station unless
additional information for a specific
station is requested by NTIA. NTIA will
also request additional information if
required to process any incomplete
application. In order to ease the
administrative burden on both the
applicant and NTIA, applicants are
encouraged to request funds for several
stations in a submission.
23 Section 3008(a) of the Act states that NTIA may
make payments during FY 2008 (which begins
October 1, 2007) and FY 2009, and that stations
must submit requests by February 17, 2009.
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During the three month period,
October 29, 2007, through January 31,
2008, NTIA will process only those
applications that qualify for Priority
Compensation, as discussed above.
Applications submitted during this
period that do not qualify for priority
compensation will be held by NTIA and
processed during the Open Period.
After January 31, 2008, NTIA will
process all applications submitted
during the Open Period and those
applications submitted during the
Priority Period that do not qualify for
priority compensation. Section 3008(a)
of the Act requires applications to be
submitted ‘‘on or before February 17,
2009,’’ which is the same date as the
cessation of analog broadcasting by fullpower television stations. Under the
Act, applications postmarked after
February 17, 2009 are ineligible for
NTIA funding and will be returned.
NTIA will also return applications
which do not meet the eligibility criteria
of the program.
rfrederick on PROD1PC67 with NOTICES
B. Applications Forms
Applications for the Low-Power
Television and Translator Digital
Conversion Program consist of two
forms. Both forms must be prepared
electronically on the Internet. Forms
cannot be submitted electronically.
Once completed electronically,
applicants must print the forms and sign
each form individually. One original
plus one copy of the application must
be mailed to NTIA and postmarked on
or before February 17, 2009. NTIA will
not accept facsimile or e-mail
applications. The first form, Low-Power
Television and Translator Digital-toAnalog Conversion Program Application
Form (DTV–4), provides information
regarding the eligibility of the applicant
and of each station for which funds are
requested. The second form, ACH
Vendor/Miscellaneous Payment
Enrollment Form (SF 3881), provides
NTIA with payment information so it
can electronically deposit grant funds to
the applicant’s bank account
Applications forms and instructions
are available on the Internet at https://
www.ntia.doc.gov/lptv. A complete
application includes the following two
forms:
1. DTV–4 Application Form: Low-Power
Television and Translator Digital
Conversion Program
Much of the information for the DTV–
4 form can be found in the station’s FCC
file. We recommend that applicants
have their FCC files available when
preparing their NTIA application(s).
After applicants enter FCC data,
sections of the form will be pre-filled
VerDate Aug<31>2005
15:25 Oct 26, 2007
Jkt 214001
with information from the FCC’s
database.
Part 1 Information about the applicant
(station licensee).
Applicant must enter the following
information: name, address, contact
information, type of applicant (whether
the applicant is a non-profit
corporation) and DUNS number. All
applicants are required to provide a Dun
and Bradstreet Data Universal
Numbering System (DUNS) number
when applying for Federal grants. See
the October 30, 2002 (67 FR 66177), and
April 8, 2003 (68 FR 17000), Federal
Register notices for additional
information. Applicants can receive a
DUNS number at no cost by calling the
dedicated toll-free DUNS Number
request line 1–866–705–5711 or via the
Internet (https://
www.dunandbradstreet.com).
Part 2
Information about the station.
Applicant must enter its FCC Facility
ID Number, call letters, location, how
the station receives the signal of its
corresponding full-power television
station, and population within the FCC
50/50 contour.
Applicants must complete Part 2 for
each station for which funds are
requested.
Part 3
Certifications.
The original application must contain
an original signature from an authorized
representative of the applicant
organization (or individual).
Part 4 Optional Information for the
Low-Power Digital Upgrade Program.
This section requests optional
information about a station’s power,
transmitter, antenna, site, and
population that will assist NTIA in
planning for the Upgrade Program
authorized under Section 3009 of the
Act. Applicants are asked to complete
Part 4 for each station they operate, even
if the station does not qualify for the
Digital Conversion Program funds.
61113
line of this section. After completing the
ACH form, take the form to your
financial institution. This form is a
certification and the original application
must contain an original signature from
an authorized representative of the
financial institution.
C. Mailing and Delivery Address for
Applications
The mailing and delivery address for
the Low-Power Television and
Translator Digital-to-Analog Conversion
Program is: NTIA LPTV Conversion
Program, Room H-4812, U.S.
Department of Commerce, 1401
Constitution Avenue, NW., Washington,
DC 20230.
Applicants should note that all
material sent via the U.S. Postal Service
(including ‘‘Overnight’’ or ‘‘Express
Mail’’) is irradiated and may be
damaged in the process. NTIA
recommends that applicants use
alternate overnight delivery services
when submitting their applications.
Hand-deliveries of applications must
be made through Room 1874, located at
entrance #10 on 15th Street, NW.
X. Administrative Matters
A. Paperwork Reduction Act
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the Paperwork
Reduction Act (PRA), unless that
collection displays a currently valid
Office of Management and Budget
(OMB) control number. The DTV–4
application form has been cleared under
OMB control no. 0660–0022.
B. Intergovernmental Review
Applications under this program are
not subject to Executive Order 12372,
‘‘Intergovernmental Review of Federal
Programs.’’
2. SF–3881 ACH Vendor/Miscellaneous
Payment Enrollment Form
Agency Information. This section will
be pre-filled by NTIA.
Payee/Company Information. This
section will be filled automatically after
completion of Part I of the DTV–4 form.
Financial Institution Information. The
applicant must complete information
about the financial institution and bank
account where the NTIA funds will be
electronically deposited. Please call
your financial institution to obtain the
name and phone number of the ACH
coordinator and enter this on the 4th
C. Executive Order 13132
It has been determined that this notice
does not contain policies with
Federalism implications as that term is
defined in Executive Order 13132.
D. Administrative Procedure Act/
Regulatory Flexibility Act
Prior notice and opportunity for
public comment are not required by the
Administrative Procedure Act or any
other law for rules concerning grants,
benefits, and contracts (5 U.S.C. 553(a)).
Because notice and opportunity for
comment are not required pursuant to 5
U.S.C. 553 or any other law, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
E:\FR\FM\29OCN1.SGM
29OCN1
61114
Federal Register / Vol. 72, No. 208 / Monday, October 29, 2007 / Notices
et seq.) are inapplicable. Therefore, a
regulatory flexibility analysis has not
been prepared.
E. Administrative and National Policy
Requirements
Administrative and national policy
requirements for all Department of
Commerce awards are contained in the
Department of Commerce Pre-Award
Notification Requirements for Grants
and Cooperative Agreements, published
in the Federal Register on December 30,
2004 (69 FR 78389). This notice may be
accessed by entering the Federal
Register volume and page number
provided in the previous sentence at the
following Internet Web site: https://
www.gpoaccess.gov/fr/retrieve.html.
XI. Agency Contacts
The program officers, their e-mail
addresses, direct phone numbers, and
their areas of responsibility are listed
below:
Rocky Mountain States: Arizona,
Colorado, Idaho, Montana, Nevada, New
Mexico, Texas, Utah, and Wyoming.
Lynn ChadwicK,
lchadwick@ntia.doc.gov, (202) 482–
8338.
All other states and territories: Larry
Dyer, ldyer@ntia.doc.gov, 202–482–
1762.
Applicants may also contact: William
Cooperman, Director,
wcooperman@ntia.doc.gov, (202) 482–
5802.
Contact for electronic access
problems: ntiahelpdesk@ntia.doc.gov,
(202) 482–4631.
Answers to Frequently Asked
Questions about the Low-Power and
Translator Conversion Program grants
and applications are available online at
https://www.ntia.doc.gov/lptv.
Questions regarding Department of
Commerce grant policies may be
directed to: Joyce Brigham NIST/GAMD
Grants Officer, Joyce.brigham@nist.gov,
(301) 975–6329.
Bernadette McGuire-Rivera,
Associate Administrator, Office of
Telecommunications and Information
Applications.
[FR Doc. E7–21113 Filed 10–26–07; 8:45 am]
BILLING CODE 3510–60–P
COMMISSION OF FINE ARTS
rfrederick on PROD1PC67 with NOTICES
Notice of Meeting
The next meeting of the U.S.
Commission of Fine Arts is scheduled
for 15 November 2007, at 10 a.m. in the
Commission’s offices at the National
Building Museum, Suite 312, Judiciary
Square, 401 F Street, NW., Washington,
VerDate Aug<31>2005
16:28 Oct 26, 2007
Jkt 214001
DC 20001–2728. Items of discussion
may include buildings, parks and
memorials.
Draft agendas and additional
information regarding the Commission
are available on our Web site: https://
www.cfa.gov. Inquiries regarding the
agenda and requests to submit written
or oral statements should be addressed
to Thomas Luebke, Secretary, U.S.
Commission of Fine Arts, at the above
address, or call 202–504–2200.
Individuals requiring sign language
interpretation for the hearing impaired
should contact the Secretary at least 10
days before the meeting date.
Dated in Washington, DC, October 25,
2007.
Thomas Luebke,
AIA, Secretary.
[FR Doc. 07–5336 Filed 10–26–07; 8:45 am]
BILLING CODE 6330–01–M
COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS
Determination under the Textile and
Apparel Commercial Availability
Provision of the Dominican RepublicCentral America-United States Free
Trade Agreement (CAFTA-DR
Agreement)
October 23, 2007.
The Committee for the
Implementation of Textile Agreements
(CITA).
ACTION: Determination to add a product
in unrestricted quantities to Annex 3.25
of the CAFTA-DR Agreement
AGENCY:
EFFECTIVE DATE: October 29, 2007.
SUMMARY: The Committee for the
Implementation of Textile Agreements
(CITA) has determined that certain
herringbone stretch woven fabrics of
polyester, rayon and spandex yarns, as
specified below, are not available in
commercial quantities in a timely
manner in the CAFTA-DR countries.
The product will be added to the list in
Annex 3.25 of the CAFTA-DR
Agreement in unrestricted quantities.
FOR FURTHER INFORMATION CONTACT:
Richard Stetson, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482 2582.
For further information on-line:
https://web.ita.doc.gov/tacgi/
CaftaReqTrack.nsf.Reference number:
35.2007.09.19.Fabric.Alston&Birdfor
NewWorldSourcing.
SUPPLEMENTARY INFORMATION:
Authority: Section 203(o)(4) of the
Dominican Republic-Central America-United
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
States Free Trade Agreement Implementation
Act (CAFTA-DR Act); the Statement of
Administrative Action (SAA), accompanying
the CAFTA-DR Act; Presidential
Proclamations 7987 (February 28, 2006) and
7996 (March 31, 2006).
Background:
The CAFTA-DR Agreement provides a
list in Annex 3.25 for fabrics, yarns, and
fibers that the Parties to the CAFTA-DR
Agreement have determined are not
available in commercial quantities in a
timely manner in the territory of any
Party. The CAFTA-DR Agreement
provides that this list may be modified
pursuant to Article 3.25(4)–(5), when
the President of the United States
determines that a fabric, yarn, or fiber is
not available in commercial quantities
in a timely manner in the territory of
any Party. See Annex 3.25, Note; see
also section 203(o)(4)(C) of the Act.
The CAFTA-DR Act requires the
President to establish procedures
governing the submission of a request
and providing opportunity for interested
entities to submit comments and
supporting evidence before a
commercial availability determination is
made. In Presidential Proclamations
7987 and 7996, the President delegated
to CITA the authority under section
203(o)(4) of CAFTA-DR Act for
modifying the Annex 3.25 list. On
March 21, 2007, CITA published final
procedures it would follow in
considering requests to modify the
Annex 3.25 list (72 FR 13256).
On September 19, 2007, the Chairman
of CITA received a commercial
availability request from Alston & Bird,
LLP, on behalf of New World Sourcing,
for certain herringbone stretch woven
fabrics of polyester, rayon and spandex
yarns, of the specifications detailed
below. On September 21, 2007, CITA
notified interested parties of, and posted
on its website, the accepted petition and
requested that interested entities
provide, by October 3, 2007, a response
advising of its objection to the
commercial availability request or its
ability to supply the subject product.
CITA also explained that rebuttals to
responses were due to CITA by October
10, 2007.
No interested entity filed a response
advising of its objection to the request
or its ability to supply the subject
product.
In accordance with Section
203(o)(4)(C) of the CAFTA-DR Act, and
its procedures, as no interested entity
submitted a response objecting to the
request or expressing an ability to
supply the subject product, CITA has
determined to add the specified fabrics
E:\FR\FM\29OCN1.SGM
29OCN1
]]>Agencies
[Federal Register Volume 72, Number 208 (Monday, October 29, 2007)]
[Notices]
[Pages 61109-61114]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21113]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
[Docket No: 070920527-7528-01]
Low-Power Television and Translator Digital-to-Analog Conversion
Program
AGENCY: National Telecommunications and Information Administration
(NTIA), Department of Commerce.
ACTION: Initial announcement--notice of availability of funds.
-----------------------------------------------------------------------
SUMMARY: The National Telecommunications and Information Administration
(NTIA) has established a program through which each eligible low-power
television broadcast station, Class A television station, television
translator station, or television booster station, may receive
compensation toward the cost of the purchase of a digital-to-analog
conversion device that enables it to convert the incoming digital
signal of its corresponding full-power television station to analog
format for transmission on the low-power television station's analog
channel. The conversion devices are necessary so the eligible stations
can continue to broadcast in analog after February 17, 2009.\1\ Without
converter devices, the eligible facilities will be unable to receive
the incoming off-air digital signal for conversion and rebroadcast to
consumers within their coverage area.
---------------------------------------------------------------------------
\1\ February 17, 2009, is the date that full-power television
stations are required to cease analog broadcasting. 47 U.S.C.
309(j)(14); see also Deficit Reduction Act of 2005, 120 Stat. at 21.
DATES: Applications for the Low-Power Digital Conversion Program may be
submitted during the period October 29, 2007-February 17, 2009.
Applications requesting Priority compensation may be submitted during
the three-month period October 29, 2007-January 31, 2008. Non-priority
---------------------------------------------------------------------------
applications may be submitted beginning February 1, 2008.
FOR FURTHER INFORMATION CONTACT: NTIA Program Officers are prepared to
give technical assistance to potential applicants within available
resources. They may be contacted by telephone at (202) 482-5802, by fax
at (202) 482-2156, or by mail at the address given in Section IV (NTIA
mailing and delivery address for applications), above. NTIA e-mail
address is lptv@ntia.doc.gov.
SUPPLEMENTARY INFORMATION:
Catalog of Federal Domestic Assistance (CFDA) Number: 11.553.
Program Authority: The Deficit Reduction Act of 2005, Pub. L. 109-
171, Section 3008, 120 Stat. 4, 25-26 (2006).
[[Page 61110]]
Amount to be Awarded: $8 million; approximately 8,000 awards.
Funding Instrument: Grant.
Eligible Applicants: Any individual or organization that holds a
license or construction permit from the Federal Communications
Commission for a low-power television broadcast station, Class A
television station, translator television station or booster television
station.
Additional Information on Eligibility: To be eligible for this
program, a low-power, Class A, translator or booster television station
(1) must be broadcasting exclusively in analog format; and (2) did not
purchase a digital to analog conversion device as defined by the
program prior to the date of enactment of the Digital Television
Transition and Public Safety Act of 2005.\2\
---------------------------------------------------------------------------
\2\ Title III of the Deficit Reduction Act of 2005 may be cited
as the ``Digital Television Transition and Public Safety Act of
2005.'' The Deficit Reduction Act of 2005, Pub. L. No. 109-171, was
enacted into law on February 8, 2006.
---------------------------------------------------------------------------
Cost Sharing: Cost sharing is not required.
Limitation on Number of Applications: None.
I. Funding Opportunity Description
A. Overview
In this Notice of Availability of Funds (Notice), NTIA implements
the Low-power Television and Translator Digital-to-Analog Conversion
Program pursuant to Section 3008 of the Deficit Reduction Act of 2005
(Act). This Act, among other things, directs the Federal Communications
Commission (FCC) to require full-power television stations to cease
analog broadcasting after February 17, 2009, but permits low-power
television stations, Class A stations, television translator stations
and booster stations to continue broadcasting in analog after that
date. It also authorizes NTIA to create an assistance program for low-
power stations desiring to continue analog broadcasts. Specifically,
Section 3008 of the Act authorizes the Assistant Secretary for
Communications and Information ``to implement and administer a program
through which each eligible low-power television station may receive
compensation toward the cost of the purchase of a digital-to-analog
conversion device that enables it to convert the incoming digital
signal of its corresponding full-power television station to analog
format for transmission on the low-power television station's analog
channel.'' \3\
---------------------------------------------------------------------------
\3\ 120 Stat. at 25, 26.
---------------------------------------------------------------------------
B. Summary of Relevant Provisions of the Act
Section 3002 of the Act amends the Communications Act of 1934 to
permit low-power television broadcast stations, Class A television
stations, television translator stations, and television booster
stations to continue to broadcast in analog after the February 17,
2009, deadline for digital conversion of full-power television
stations.\4\ This section further requires all Class A television
stations in the digital television service to broadcast in the radio
spectrum between 54 and 698 megahertz (MHZ), by February 18, 2009.\5\
Section 3003 of the Act directs the FCC to begin an auction of returned
analog television spectrum no later than January 28, 2008, and to
deposit auction proceeds into a fund established by the Act no later
than June 30, 2008. The returned analog television spectrum to be
auctioned is the band between 698 and 806 MHZ, except for the 24 MHZ
that has been reserved for public safety uses and certain other
frequencies that have already been made available through auction.\6\
Section 3004 of the Act establishes a new Treasury fund to be known as
the Digital Television Transition and Public Safety Fund (Fund).\7\ It
directs the receipts from the FCC's analog spectrum return auction to
be deposited into the Fund.
---------------------------------------------------------------------------
\4\ Id. at 21.
\5\ Id.
\6\ Id. at 22.
\7\ Id.
---------------------------------------------------------------------------
Specific to this Notice, Section 3008 of the Act directs NTIA to
implement and administer a program through which each eligible low-
power television broadcast station, Class A television station,
television translator station, or television booster station, may
receive compensation toward the cost of the purchase of a digital-to-
analog conversion device that enables it to convert the incoming
digital signal of its corresponding full-power television station to
analog format for transmission on the low-power television station's
analog channel. The Act defines the term ``eligible low-power broadcast
television station'' to mean a ``a low-power television broadcast
station, Class A television station, television translator station, or
television booster station--(1) that is itself broadcasting exclusively
in analog format; and (2) that has not purchased a digital-to-analog
conversion device prior to the date of enactment of the Digital
Television Transition and Public Safety Act of 2005.'' \8\ The Act
authorizes NTIA to use up to $10 million from the Fund to implement the
program. This section also authorizes NTIA, beginning on October 1,
2006, to borrow not more than $10 million from the Treasury to
implement the program. NTIA, however, must reimburse the Treasury for
this amount, without interest, as recovered analog television spectrum
auction proceeds are deposited into the Fund.
---------------------------------------------------------------------------
\8\ Id. at 26.
---------------------------------------------------------------------------
In a related matter, though not directly the subject of this
Notice, Section 3009 of the Act creates a second program to assist low-
power television stations. Under Section 3009, NTIA is authorized to
make payments up to $65 million ``to upgrade low-power television
stations from analog to digital in eligible rural communities.'' \9\
NTIA does not have borrowing authority for the program established
under Section 3009 and so must wait until funds are deposited in the
Fund, by June 30, 2008, before beginning this second program. As part
of this Notice, NTIA will also seek information from low-power
stations, Class A stations, television translator stations and booster
stations that may be eligible for payments from NTIA under Section
3009, even if they may not qualify for payments under the Section 3008
program. This information is discussed further below in Section VIII B
(Application Forms).
---------------------------------------------------------------------------
\9\ Id.
---------------------------------------------------------------------------
II. Award Information
NTIA funding assistance is in the form of grants. As explained
further below, NTIA will provide a uniform grant of $1,000 per station
for the purchase of a digital-to-analog conversion device. As of July
2007, the FCC has authorized approximately 8,000 low-power and
translator stations. NTIA is authorized under Section 3008 to expend up
to $10 million for this program, including the costs of program
administration. There are sufficient monies available to enable NTIA to
award grants on a non-competitive basis to all eligible stations that
have filed a complete, timely application.
The award period of the grant will start as soon as possible after
receipt, review and approval of the application. Grantees will be
notified of the approval date of their award.
Grantees will be given a six-month period after a grant is awarded
during which the equipment funded by the grant must be purchased and
installed.
NTIA will also issue grants to reimburse those eligible stations
who purchased an eligible digital-to-analog conversion device after
February 8, 2006, the date of enactment of the Act.
Grantees must retain records of purchase of the digital-to-analog
[[Page 61111]]
conversion device for a three-year period following receipt of the NTIA
grant. NTIA will randomly request documentation of equipment purchases
within this time period. Grantee must keep all records intact and
accessible for a three-year period.\10\
---------------------------------------------------------------------------
\10\ 2 CFR 215.53(b). While this section refers to requirements
imposed upon non-profit organizations receiving federal grants, NTIA
imposes the requirement on all grantees under this program.
---------------------------------------------------------------------------
III. Applicant Eligibility Information
Section 3008(c) of the Act defines the term ``eligible low-power
television station'' to mean ``a low-power television broadcast
station, Class A television station, television translator station, or
television booster station--(1) that is itself broadcasting exclusively
in analog format; and (2) that has not purchased a digital-to-analog
conversion device prior to the date of enactment of the Digital
Television Transition and Public Safety Act of 2005.'' \11\
---------------------------------------------------------------------------
\11\ 120 Stat. at 26.
---------------------------------------------------------------------------
NTIA interprets a ``low-power television broadcast station, Class A
television station, television translator station, or television
booster station'' to mean a facility authorized by the Federal
Communications Commission to use the television broadcast spectrum.
NTIA will require an eligible station to have FCC broadcast
authorization.
The Act states that an eligible station must be ``itself
broadcasting exclusively in analog format.'' \12\ NTIA interprets this
language to mean that the facility must be broadcasting as authorized
by the FCC, not merely possess a Construction Permit. Authorization for
broadcast, however, does not mean that the FCC must have issued a
license for the station. Under Section 74.14 of the FCC's Rules, 47 CFR
74.14, a station can begin broadcasting service or program tests once
it has completed construction and filed for a license showing that it
complies with the FCC's technical requirements and engineering
standards.
---------------------------------------------------------------------------
\12\ Id. (emphasis added).
---------------------------------------------------------------------------
Since almost all full power television stations are now
broadcasting a digital signal, NTIA believes that low-power television
and translator stations now currently under construction should be
installing equipment to receive their corresponding full power
station's digital signal, rather than its analog signal. NTIA published
information on its Web site regarding program implementation and
included a statement that suggested September 30, 2007, as the date by
which low-power stations must be broadcasting to be eligible for this
program.\13\ To provide those applicants nearing completion of their
facility sufficient time to complete their construction and prepare FCC
license filings, NTIA will permit applicants to file their FCC license
applications prior to November 29, 2007. In sum, NTIA will require that
an applicant for this program either hold an FCC broadcast license or
have filed an application for a broadcast license prior to November 29,
2007.
---------------------------------------------------------------------------
\13\ NTIA Low-Power Television Digital Programs. June 22, 2007,
https://www.ntia.doc.gov/otiahome/dtv/LPTVDigital_070622.htm.
---------------------------------------------------------------------------
Included in the Act's definition of an eligible station is the
requirement that it ``is broadcasting exclusively in analog format.''
\14\ NTIA understands that, under FCC procedures, a single broadcast
television can operate both analog and digital transmission facilities.
Under the FCC's digital television rules, television stations have
operated on both an analog channel and on a companion digital channel.
The FCC considers these facilities as a single station licensed under a
single set of call letters, broadcasting both on an analog and on a
digital channel. The FCC is now assigning digital companion channels to
low-power television facilities. Inasmuch as the Act requires a low-
power station to be broadcasting exclusively in analog format, stations
that broadcast in digital, either on the main channel or on a companion
channel, will not be eligible to participate in this program. An
applicant to the program must certify that it does not broadcast in
digital as of the date of submission of the application.
---------------------------------------------------------------------------
\14\ 120 Stat. at 26 (emphasis added).
---------------------------------------------------------------------------
The Act further includes in the definition of an eligible station
the requirement that the facility ``has not purchased a digital-to-
analog conversion device prior to the date of enactment of the Digital
Television Transition and Public Safety Act of 2005'' (i.e., February
8, 2006).\15\ NTIA considers a purchase made when funds are obligated
through the issuance of a purchase order or other means, not when funds
are actually paid. Applicants must be able to certify that they did not
order or purchase a digital-to-analog conversion device, as discussed
in this document, prior to February 8, 2006.
---------------------------------------------------------------------------
\15\ Id.
---------------------------------------------------------------------------
IV. Project Eligibility
In addition to the definition of an eligible station as discussed
above, Section 3008(a) of the Act limits the program to those stations
that need ``to convert the incoming digital signal of [their]
corresponding full-power television station to analog format for
transmission on the low-power television station's analog channel.''
\16\
---------------------------------------------------------------------------
\16\ Id.
---------------------------------------------------------------------------
The Act provides that the digital-to-analog converter device can
only be used by a low-power station that receives a digital signal from
its corresponding full-power television station, and converts that
digital signal to an analog signal. While the digital-to-analog
converter device usually is placed at the low-power station site, it
sometimes is located at a remote head-end location and then the full
power station signal relayed to the low-power station site by microwave
or other means. In circumstances where the microwave provides a signal
to more than one low-power station, only a single digital-to-analog
converter can be funded by the program.
While the digital-to-analog converter device described in the Act
can be used by a low-power station that receives its digital television
signal off-air at either the station site or at an intermediate
microwave head end site, it cannot be used by a low-power station that
receives its signal via satellite.\17\ Further, it cannot be used by a
low-power station that receives an analog television signal, such as
those in a ``daisy chain'' of low-power stations where the first
station converts a full-power digital television signal to analog, and
the remaining stations in the chain rebroadcast the previous low-power
station's analog signal. Low-power stations that receive a signal from
an analog low-power station in a daisy chain or via satellite,
therefore, are not eligible for this program.
---------------------------------------------------------------------------
\17\ Incoming satellite or microwave signals are usually
baseband video and audio. Translators fed in this manner are
different from those referred to in the Act. A low-power station
receiving a satellite or microwave signal could not use an off-air
digital-to-analog conversion device as proposed in the Act (other
than stations receiving a microwave signal fed via an intermediate
off-air pick up as described above).
---------------------------------------------------------------------------
V. Equipment Eligibility
As noted earlier, Section 3008(a) of the Act authorizes NTIA to
support the purchase ``of a digital-to-analog conversion device that
enables [the station] to convert the incoming digital signal of its
corresponding full-power television station to analog format * * *.''
\18\ The device described in the Act is a digital tuner/receiver that
will pick up the digital television signal of the full-power digital
station and provide an output to feed the low-power station's analog
transmission system.
[[Page 61112]]
The digital turner/receiver will replace the analog tuner/receiver
currently used by many low-power stations to pick up the off-air analog
signal of the corresponding full-power analog television station. A
professional grade digital tuner/receiver should have the capability of
auto reset to the designated full-power TV station virtual channel
(e.g. Ch. 26-3) in event of power failure. The output of the digital
tuner/receiver would normally provide a baseband video signal which in
turn can feed the station's existing modulator to modulate an RF signal
that would drive the low-power station's transmission system.
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\18\ 120 Stat. at 25.
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Professional-grade digital off-air tuners must have the capability
to reset to the desired channel in the event of power failure. Some
translators transmit the SAP signal for Reading Services or Second
Language Programming, and continuity of those services should be
considered for those stations utilizing the subcarrier. Additionally,
at the time they cease analog operations, some full power digital
television stations will change their transmit frequency. NTIA believes
the receiver should be agile and easily adjustable to either the VHF or
UHF bands. NTIA also recognizes the likelihood that additional costs
may arise for outside receive antennas considering that many digital
transmitters are allocated to UHF frequencies. However, outside receive
antennas are not ``digital-to-analog conversion device[s]'' and will
not be supported by the program.
NTIA will award each eligible station a grant of $1,000 for the
purchase of a digital tuner/receiver to pick-up the off-air signal of
its corresponding full-power station for conversion to analog
broadcasts.\19\ NTIA understands that some low-power stations use a
heterodyne technology that integrates the station's existing analog
tuner/receiver and the station's modulator inside a single box. These
stations may have to purchase a separate modulator to interface with
the NTIA funded digital tuner/receiver, or they may use the NTIA grant
of $1,000 to purchase a heterodyne unit that includes a digital tuner/
receiver function, if these units are commercially available. NTIA
encourages broadcast equipment manufacturers to provide heterodyne
units that include both analog RF and digital RF outputs to feed
transmission systems. Such units will assist low-power television
stations in economically switching to digital broadcasting in the
future.
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\19\ This maximum amount is consistent with legislative history
of Section 3008. See H.R. Rep. 109-362, at 204 (2005) (providing
that the ``Assistant Secretary shall determine the maximum amount of
compensation such a low-power television station may receive based
on the average cost of such digital-to-analog conversion devices
during the time period such low-power broadcast television station
purchased the digital-to-analog conversion devices, but in no case
shall such compensation exceed $1,000.'') At the time of Conference
Report's publication, professional grade digital off-air tuners with
analog outputs were commercially available for approximately $1,000.
Several models were available from manufacturers including CADCO, LG
and Zenith at prices ranging from $800 to $1,400.
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VI. Priority Compensation
Section 3008(a) mandates that ``[p]riority compensation shall be
given to eligible low-power television stations in which the license is
held by a non-profit corporation and eligible low-power television
stations that serve rural areas of fewer than 10,000 viewers.'' \20\
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\20\ 120 Stat. at 26.
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The provision of priority compensation raises several issues that
will be discussed in the following paragraphs. These issues are: (1)
The definition of a non-profit corporation, (2) the definition of
eligible low-power television stations that serve rural areas of fewer
than 10,000 viewers, (3) how a request for priority status should be
documented, and (4) how the priority should be given.
The Act does not define the term ``non-profit corporation.'' NTIA
will accept the common usage of the term non-profit corporation as a
corporation that has received a determination of non-profit status
under state or Federal law, including stations licensed to entities
organized under Section 501(c) of the Internal Revenue Service
Code.\21\ Under this definition, a governmental unit would not qualify
for priority compensation unless the unit has a separate corporate
charter and has received a determination of non-profit status. NTIA
will accept applicant self-certification as to whether it is a non-
profit corporation. NTIA reserves the right to request an applicant to
provide documentation of its non-profit status.
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\21\ 26 U.S.C. 501(c) except not (c)(4).
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The Act also requires that priority compensation be given to low-
power stations that ``serve rural areas of fewer than 10,000 viewers.''
\22\ NTIA recognizes that there are several hundred low-power stations
that may request priority under this provision. To determine station
eligibility for priority compensation, NTIA will utilize the industry
standard for population coverage as established by the FCC. This
standard is the population within the 50/50 contour. NTIA will use the
population within a low-power station's 50/50 service contour as one of
the criteria upon which to base the award of priority compensation.
Applicants must certify that a station's 50/50 contour includes fewer
than 10,000 people to qualify for the program's priority compensation.
NTIA reserves the right to request an applicant provide documentation
of this population coverage.
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\22\ 120 Stat. at 26.
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In sum, an applicant requesting priority compensation must (i) be a
non-profit corporation; or (ii) serve fewer than 10,000 people within
the low-power station's 50/50 service contour.
In addition to determining how to establish the priority for
service to rural areas, NTIA must also determine how to implement this
priority. Under the Act, there is approximately a 16 and one-half month
period when stations can request funding that begins October 1, 2007
and ends February 17, 2009.\23\ NTIA believes that the easiest way to
administer the priority is to establish two application periods. During
the first application period, (the Priority Period) which would extend
for three months from the date of publication of this Notice, October
29, 2007, through January 31, 2008, NTIA will only process applications
from stations that are eligible for priority consideration. Beginning
February 1, 2008, NTIA would conduct an Open Period during which it
would process all applications regardless of priority.
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\23\ Section 3008(a) of the Act states that NTIA may make
payments during FY 2008 (which begins October 1, 2007) and FY 2009,
and that stations must submit requests by February 17, 2009.
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VII. Matching Funds Requirements
There are no matching funds required for this program. There is no
limit on the number of applications an applicant may submit.
VIII. Application Procedures
A. Application Submission
NTIA will accept applications that are postmarked during the 15 and
one-half month period October 29, 2007, through February 17, 2009.
Applicants may request funds for each eligible station they
operate. Applicants may submit only a single request for each station
unless additional information for a specific station is requested by
NTIA. NTIA will also request additional information if required to
process any incomplete application. In order to ease the administrative
burden on both the applicant and NTIA, applicants are encouraged to
request funds for several stations in a submission.
[[Page 61113]]
During the three month period, October 29, 2007, through January
31, 2008, NTIA will process only those applications that qualify for
Priority Compensation, as discussed above. Applications submitted
during this period that do not qualify for priority compensation will
be held by NTIA and processed during the Open Period.
After January 31, 2008, NTIA will process all applications
submitted during the Open Period and those applications submitted
during the Priority Period that do not qualify for priority
compensation. Section 3008(a) of the Act requires applications to be
submitted ``on or before February 17, 2009,'' which is the same date as
the cessation of analog broadcasting by full-power television stations.
Under the Act, applications postmarked after February 17, 2009 are
ineligible for NTIA funding and will be returned. NTIA will also return
applications which do not meet the eligibility criteria of the program.
B. Applications Forms
Applications for the Low-Power Television and Translator Digital
Conversion Program consist of two forms. Both forms must be prepared
electronically on the Internet. Forms cannot be submitted
electronically. Once completed electronically, applicants must print
the forms and sign each form individually. One original plus one copy
of the application must be mailed to NTIA and postmarked on or before
February 17, 2009. NTIA will not accept facsimile or e-mail
applications. The first form, Low-Power Television and Translator
Digital-to-Analog Conversion Program Application Form (DTV-4), provides
information regarding the eligibility of the applicant and of each
station for which funds are requested. The second form, ACH Vendor/
Miscellaneous Payment Enrollment Form (SF 3881), provides NTIA with
payment information so it can electronically deposit grant funds to the
applicant's bank account
Applications forms and instructions are available on the Internet
at https://www.ntia.doc.gov/lptv. A complete application includes the
following two forms:
1. DTV-4 Application Form: Low-Power Television and Translator Digital
Conversion Program
Much of the information for the DTV-4 form can be found in the
station's FCC file. We recommend that applicants have their FCC files
available when preparing their NTIA application(s). After applicants
enter FCC data, sections of the form will be pre-filled with
information from the FCC's database.
Part 1 Information about the applicant (station licensee).
Applicant must enter the following information: name, address,
contact information, type of applicant (whether the applicant is a non-
profit corporation) and DUNS number. All applicants are required to
provide a Dun and Bradstreet Data Universal Numbering System (DUNS)
number when applying for Federal grants. See the October 30, 2002 (67
FR 66177), and April 8, 2003 (68 FR 17000), Federal Register notices
for additional information. Applicants can receive a DUNS number at no
cost by calling the dedicated toll-free DUNS Number request line 1-866-
705-5711 or via the Internet (https://www.dunandbradstreet.com).
Part 2 Information about the station.
Applicant must enter its FCC Facility ID Number, call letters,
location, how the station receives the signal of its corresponding
full-power television station, and population within the FCC 50/50
contour.
Applicants must complete Part 2 for each station for which funds
are requested.
Part 3 Certifications.
The original application must contain an original signature from an
authorized representative of the applicant organization (or
individual).
Part 4 Optional Information for the Low-Power Digital Upgrade Program.
This section requests optional information about a station's power,
transmitter, antenna, site, and population that will assist NTIA in
planning for the Upgrade Program authorized under Section 3009 of the
Act. Applicants are asked to complete Part 4 for each station they
operate, even if the station does not qualify for the Digital
Conversion Program funds.
2. SF-3881 ACH Vendor/Miscellaneous Payment Enrollment Form
Agency Information. This section will be pre-filled by NTIA.
Payee/Company Information. This section will be filled
automatically after completion of Part I of the DTV-4 form.
Financial Institution Information. The applicant must complete
information about the financial institution and bank account where the
NTIA funds will be electronically deposited. Please call your financial
institution to obtain the name and phone number of the ACH coordinator
and enter this on the 4th line of this section. After completing the
ACH form, take the form to your financial institution. This form is a
certification and the original application must contain an original
signature from an authorized representative of the financial
institution.
C. Mailing and Delivery Address for Applications
The mailing and delivery address for the Low-Power Television and
Translator Digital-to-Analog Conversion Program is: NTIA LPTV
Conversion Program, Room H-4812, U.S. Department of Commerce, 1401
Constitution Avenue, NW., Washington, DC 20230.
Applicants should note that all material sent via the U.S. Postal
Service (including ``Overnight'' or ``Express Mail'') is irradiated and
may be damaged in the process. NTIA recommends that applicants use
alternate overnight delivery services when submitting their
applications.
Hand-deliveries of applications must be made through Room 1874,
located at entrance 10 on 15th Street, NW.
X. Administrative Matters
A. Paperwork Reduction Act
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act (PRA), unless that
collection displays a currently valid Office of Management and Budget
(OMB) control number. The DTV-4 application form has been cleared under
OMB control no. 0660-0022.
B. Intergovernmental Review
Applications under this program are not subject to Executive Order
12372, ``Intergovernmental Review of Federal Programs.''
C. Executive Order 13132
It has been determined that this notice does not contain policies
with Federalism implications as that term is defined in Executive Order
13132.
D. Administrative Procedure Act/Regulatory Flexibility Act
Prior notice and opportunity for public comment are not required by
the Administrative Procedure Act or any other law for rules concerning
grants, benefits, and contracts (5 U.S.C. 553(a)). Because notice and
opportunity for comment are not required pursuant to 5 U.S.C. 553 or
any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601
[[Page 61114]]
et seq.) are inapplicable. Therefore, a regulatory flexibility analysis
has not been prepared.
E. Administrative and National Policy Requirements
Administrative and national policy requirements for all Department
of Commerce awards are contained in the Department of Commerce Pre-
Award Notification Requirements for Grants and Cooperative Agreements,
published in the Federal Register on December 30, 2004 (69 FR 78389).
This notice may be accessed by entering the Federal Register volume and
page number provided in the previous sentence at the following Internet
Web site: https://www.gpoaccess.gov/fr/retrieve.html.
XI. Agency Contacts
The program officers, their e-mail addresses, direct phone numbers,
and their areas of responsibility are listed below:
Rocky Mountain States: Arizona, Colorado, Idaho, Montana, Nevada,
New Mexico, Texas, Utah, and Wyoming. Lynn ChadwicK,
lchadwick@ntia.doc.gov, (202) 482-8338.
All other states and territories: Larry Dyer, ldyer@ntia.doc.gov,
202-482-1762.
Applicants may also contact: William Cooperman, Director,
wcooperman@ntia.doc.gov, (202) 482-5802.
Contact for electronic access problems: ntiahelpdesk@ntia.doc.gov,
(202) 482-4631.
Answers to Frequently Asked Questions about the Low-Power and
Translator Conversion Program grants and applications are available
online at https://www.ntia.doc.gov/lptv.
Questions regarding Department of Commerce grant policies may be
directed to: Joyce Brigham NIST/GAMD Grants Officer,
Joyce.brigham@nist.gov, (301) 975-6329.
Bernadette McGuire-Rivera,
Associate Administrator, Office of Telecommunications and Information
Applications.
[FR Doc. E7-21113 Filed 10-26-07; 8:45 am]
BILLING CODE 3510-60-P
