Low-Power Television and Translator Upgrade Program; Public Meeting, 59586-59588 [E8-23841]
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59586
Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules
and from 8:30 a.m. to 4 p.m. on
December 12. The meeting on both days
will be held at the Wright Brothers
National Memorial Pavilion, 1000
Croatan Highway (Milepost 7.6), Kill
Devil Hills, North Carolina 25948.
These, and any subsequent meetings,
will be held for the following reason: To
work with the National Park Service to
assist in potentially developing special
regulations for ORV management at
Cape Hatteras National Seashore.
The proposed agenda for these
meetings of the Committee may contain
the following items: Approval of
Meeting Summary from Last Meeting,
Subcommittee and Members’ Updates
since Last Meeting, Alternatives
Discussions, National Environmental
Policy Act Update, and Public
Comment. However, the Committee may
modify its agenda during the course of
its work. The meetings are open to the
public. Interested persons may provide
brief oral/written comments to the
Committee during the public comment
period of the meetings each day before
the lunch break and at 5 p.m. on the
first day of each meeting or file written
comments with the Park
Superintendent.
FOR FURTHER INFORMATION CONTACT:
Mike Murray, Superintendent, Cape
Hatteras National Seashore, 1401
National Park Drive, Manteo, North
Carolina 27954, (252) 473–2111,
extension 148.
The
Committee’s function is to assist
directly in the development of special
regulations for management of ORVs at
Cape Hatteras National Seashore
(Seashore). Executive Order 11644, as
amended by Executive Order 11989,
requires certain Federal agencies to
publish regulations that provide for
administrative designation of the
specific areas and trails on which ORV
use may be permitted. In response, the
NPS published a general regulation at
36 CFR 4.10, which provides that each
park that designates routes and areas for
ORV use must do so by promulgating a
special regulation specific to that park.
It also provides that the designation of
routes and areas shall comply with
Executive Order 11644, and 36 CFR 1.5
regarding closures. Members of the
Committee will negotiate to reach
consensus on concepts and language to
be used as the basis for a proposed
special regulation, to be published by
the NPS in the Federal Register,
governing ORV use at the Seashore. The
duties of the Committee are solely
advisory.
jlentini on PROD1PC65 with PROPOSALS
SUPPLEMENTARY INFORMATION:
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Dated: September 26, 2008.
Michael B. Murray,
Superintendent, Cape Hatteras National
Seashore.
[FR Doc. E8–23779 Filed 10–8–08; 8:45 am]
BILLING CODE 4310–46–M
L), Multimedia Planning and Permitting
Division, U.S. EPA, Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733,
telephone (214) 665–2164; fax number
(214) 665–7263; e-mail address
belk.ellen@epa.gov.
In the
final rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action,
no further activity is contemplated. If
EPA receives adverse comments, the
direct final rule will be withdrawn and
all public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
For additional information, see the
direct final rule, which is located in the
rules section of this Federal Register.
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2007–0659; FRL–8727–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Louisiana; Approval of Section
110(a)(1) Maintenance Plans for the
1997 8-Hour Ozone Standard for the
Parishes of Calcasieu and St. James
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
revisions to the Louisiana State
Implementation Plan (SIP) concerning
maintenance plans addressing the 1997
8-hour ozone standard for the parishes
of Calcasieu and St. James. On July 20,
2007 and August 24, 2007, the State of
Louisiana submitted separate SIP
revisions containing maintenance plans
for the 1997 ozone standard for
Calcasieu and St. James Parishes,
respectively. These plans ensure the
continued attainment of the 1997 8-hour
ozone National Ambient Air Quality
Standard (NAAQS) through the year
2014. These maintenance plans meet the
statutory and regulatory requirements,
and are consistent with EPA’s guidance.
EPA is approving the revisions pursuant
to section 110 of the Federal Clean Air
Act (CAA). On March 12, 2008, EPA
issued a revised ozone standard.
Today’s action, however, is being taken
to address requirements under the 1997
ozone standard. Requirements for the
areas under the 2008 standard will be
addressed in future actions.
DATES: Written comments must be
received on or before November 10,
2008.
ADDRESSES: Comments may be mailed to
Mr. Guy Donaldson, Chief, Air Planning
Section (6PD–L), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
Comments may also be submitted
electronically or through hand delivery/
courier by following the detailed
instructions in the ADDRESSES section of
the direct final rule located in the rules
section of this Federal Register.
FOR FURTHER INFORMATION CONTACT:
Ellen Belk, Air Planning Section (6PD–
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Dated: September 29, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. E8–23866 Filed 10–8–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
47 CFR Chapter III
Low-Power Television and Translator
Upgrade Program; Public Meeting
National Telecommunications
and Information Administration, U.S.
Department of Commerce.
ACTION: Advanced notice of proposed
rulemaking, notice of public meetings.
AGENCY:
SUMMARY: Section 3009 of the Deficit
Reduction Act (Act) requires the
National Telecommunications and
Information Administration (NTIA) to
implement and administer a program
through which each eligible low-power
television broadcast station, Class A
television station, television translator
E:\FR\FM\09OCP1.SGM
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Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules
station, or television booster station may
receive reimbursement for equipment to
upgrade from analog to digital in
eligible rural communities. NTIA will
hold public meetings regarding the
implementation of this Low-power
Television Upgrade Program (Upgrade
Program) 1 in Washington, DC and Las
Vegas, Nevada.
DATES: The meeting will be held in
Washington DC on October 24, 2008, at
10 a.m. Eastern Time, and in Las Vegas,
Nevada on October 28, 2008, at 3:30
p.m. Mountain Time.
ADDRESSES: The Washington, DC
meeting will be held at the U.S.
Department of Commerce, 1401
Constitution Ave., NW. The Las Vegas,
Nevada meeting will be held at the
Golden Nugget Hotel and Casino, 129
Fremont Street. The locations of both
meetings will also be announced on the
NTIA Web site www.ntia.doc.gov/lptv.
FOR FURTHER INFORMATION: For further
information regarding the meetings,
contact William Cooperman, Broadcast
Division Director, at (202) 482–5802.
SUPPLEMENTARY INFORMATION: NTIA will
host two public meetings related to its
implementation of the Upgrade Program
authorized under Section 3009 of the
Deficit Reduction Act of 2005, as
amended by the DTV Transition
Assistance Act (Pub. L. 110–295). As
amended, section 3009 of the Act
contains, in its entirety, the following
language:
jlentini on PROD1PC65 with PROPOSALS
Sec. 3009. Low-Power Television and
Translator Upgrade Program
(a) Establishment.—The Assistant
Secretary shall make payments of not to
exceed $65,000,000, in the aggregate,
during fiscal years 2009 through 2012,
from the Digital Television Transition
and Public Safety Fund established
under section 309(j)(8)(E) of the
Communications Act of 1934 (47 U.S.C.
309(j)(8)(E)) to implement and
administer a program through which
each licensee of an eligible low-power
television station may receive
reimbursement for equipment to
upgrade low-power television stations
from analog to digital in eligible rural
communities, as that term is defined in
section 610(b)(2) of the Rural
Electrification Act of 1937 (7 U.S.C.
950bb(b)(2)). Such reimbursements shall
be issued to eligible stations on or after
February 18, 2009. Priority
reimbursements shall be given to
eligible low-power television stations in
which the license is held by a non-profit
1 See Title III of the Deficit Reduction Act of 2005,
Public Law No. 109–171, 120 Stat. 4, 21 (Feb. 8,
2006).
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16:07 Oct 08, 2008
Jkt 217001
corporation and eligible low-power
television stations that serve rural areas
of fewer than 10,000 viewers.
(b) Eligible Stations.—For purposes of
this section, the term ‘‘eligible lowpower television station’’ means 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 converted from analog
to digital operations prior to the date of
enactment of the Digital Television
Transition and Public Safety Act of
2005.
Section 610(b)(2) of the Rural
Electrification Act of 1937 (7 U.S.C.
950bb(b)(2)), which is referenced in
Section 3009(a), contains, in its entirety,
the following language: ‘‘the term
‘eligible rural community’ means any
area of the United States that is not
contained in an incorporated city or
town with a population in excess of
20,000 inhabitants.’’
Matters To Be Considered: NTIA will
discuss the following topics at the
public meetings and will also provide
an opportunity for public comment on
these matters.
1. Station Eligibility: How to define an
eligible station. Issues that will be
discussed include the following:
(1) Whether a facility must hold an
FCC license to be considered
‘‘broadcasting’’ or be permitted to hold
an FCC construction permit or program
test authority.
(2) Whether a facility meets the
statutory requirement ‘‘broadcasting
exclusively in analog format’’ if it has a
construction permit, program test
authority, or license for a digital
companion channel or has flash cut to
digital.
(3) Whether NTIA should establish a
uniform deadline of eligibility (DOE)
applicable to all applicants that NTIA
will use when determining a station’s
eligibility regarding the two previous
items. If so, should the DOE be (1) the
date of enactment of the Act (i.e.,
February 8, 2006), (2) the closing date
for receipt of Upgrade Program
applications for the applicable grant
round, (3) the same date as the
Expenditure Start Date discussed in the
section titled Reimbursement, below, or
(4) some other date.
(4) Whether a governmental
subsidiary can be considered a
nonprofit corporation and therefore may
qualify for ‘‘priority reimbursement.’’
(5) Whether NTIA should adopt the
same requirements regarding station
eligibility for the Upgrade Program as
NTIA adopted for the Digital-to-Analog
Conversion Program (Conversion
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59587
Program) and published in the October
29, 2007, Federal Register (72 FR
61109–61114). The Conversion Program
was established under Section 3008 of
the Act and contains language identical
to Section 3009 establishing the
Upgrade Program regarding the
definition of an eligible station.2
2. Eligible Communities: How NTIA
could implement the statutory
requirement that an eligible station must
be ‘‘in eligible rural communities’’ (i.e.,
‘‘any area of the United States that is not
contained in an incorporated city or
town with a population in excess of
20,000 inhabitants.’’) Issues to be
discussed will include the most
appropriate method of designating an
eligible rural community, including the
following:
(1) Whether NTIA should determine
an eligible rural community based on
the population within the station’s
(a) Community of license, or
(b) FCC 50/50 contour,3 or
(c) Grade A coverage,4 or
(d) Grade B coverage,5 or
(e) P coverage contour per Section
74.707 of the FCC Rules.
(2) Whether NTIA should determine
an eligible rural community based on
some other definition or formula (e.g.,
the number, or percentage, of people
served by the station living in rural
areas outside Urban Areas or Urban
Clusters of more than 20,000).6
3. Reimbursement: The statute
provides for reimbursement to an
otherwise eligible station that has not
converted from analog to digital
operations prior to the ‘‘date of
enactment of the Digital Television
Transition and Public Safety Act of
2005’’ (i.e., February 8, 2006). Issues
that will be discussed include whether
NTIA should accept all expenditures for
eligible costs after February 8, 2006, for
reimbursement, or, in order to provide
fair and equitable notice to all potential
applicants to the Upgrade Program,
2 The October 29, 2007, Federal Register notice
announcing the Conversion Program stated that an
eligible station ‘‘must be broadcasting as authorized
by the FCC, not merely possess a Construction
Permit,’’ that ‘‘stations that broadcast in digital,
either on the main channel or on a companion
channel, will not be eligible,’’ and that ‘‘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.’’ The notice also required that
an applicant to the Conversion Program ‘‘either
hold an FCC broadcast license or have filed an
application for a broadcast license prior to
November 29, 2007.’’
3 See 47 CFR 73.684, 73.699.
4 See 47 CFR 73.684.
5 See id.
6 Urban Areas and Urban Clusters are areas
defined by the U.S. Census Bureau, see https://
www.census.gov/geo/www/ua/ua_2k.html.
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jlentini on PROD1PC65 with PROPOSALS
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Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules
establish another date (‘‘Expenditure
Start Date’’) after which applicant
expenses would be eligible for
reimbursement. If NTIA were to
establish the Expenditure Start Date
after February 8, 2006, should it be any
of the following?
(1) The date of this notice, or
(2) The date that NTIA announces the
availability of funds to start the Upgrade
Program, or
(3) The closing date for receipt of
Upgrade Program applications for the
applicable grant round, or
(4) The date that NTIA awards
Upgrade Program funds to an applicant,
or
(5) The Deadline of Eligibility date
discussed earlier in the section on
Eligibility.
4. Priority Reimbursement: How NTIA
can implement the requirement that
priority reimbursement 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.’’ Issues to
be discussed include whether NTIA
should
(1) Have an exclusive period during
which only applicants who qualify for
the priority can apply?
(2) Establish a priority reimbursement
category within a larger grant round?
(3) Provide additional points, if the
grants are competitive, to those
applicants which meet the criteria for
priority reimbursement?
(4) Require that stations meet both
criteria (licensee held by a non-profit
corporation and that serve rural areas of
fewer than 10,000 viewers) in order to
receive the priority?
(5) Use the same benchmark in
determining the priority reimbursement
population requirement (‘‘rural areas of
fewer than 10,000 viewers’’) as used in
determining population eligibility
requirement (‘‘any area of the United
States that is not contained in an
incorporated city or town with a
population in excess of 20,000
inhabitants’’)?
(6) Adopt the same requirements
regarding priority reimbursement for the
Upgrade Program as it adopted for the
Conversion Program and published in
the October 29, 2007, Federal Register
(72 FR 61109–61114). The Conversion
Program was established under Section
3008 of the Act and contains language
identical to Section 3009 establishing
the Upgrade Program regarding priority
consideration (reimbursement).7
5. Eligible Equipment and Costs: The
Act states that reimbursement shall be
given for ‘‘equipment to upgrade lowpower television stations from analog to
digital,’’ but does not provide further
guidance regarding which equipment or
costs should be supported by the
program.
Issues that will be discussed include
what costs or equipment should be
eligible for reimbursement under the
program and whether there should be a
formula or limit on the amount of funds
awarded to a single station. If so, what
should they be or how should they be
determined?
6. Application Selection: Issues to be
discussed include how applications
should be selected for funding and
whether NTIA should consider any of
the following alternatives:
(1) Uniform grants. If all 7,000 lowpower facilities were eligible for the
program, each facility could receive a
grant of approximately $9,000; if only
half the facilities were eligible for the
program, the uniform grant would be
approximately $18,000, etc.
(2) First-come, first served. NTIA
could fund complete applications from
otherwise eligible stations on a firstcome, first-served basis, until all funds
are awarded. A provision would have to
be devised to provide for the facilities
that meet the statutory requirements for
priority reimbursement.
(3) Competitive grant cycle. If NTIA
were to awards funds on a competitive
basis, what selection factors and criteria
should it establish to evaluate
applications?
(4) Single or multiple grant cycles.
How many grant cycles should NTIA
plan to award the funds during the
authorized period FY 09–FY 12?
7. Administrative Procedures to
Award Grants: Issues to be discussed
include the administrative matters
related to the efficient implementation
of the Upgrade Program, including
preparation and submission of
applications, payment of funds, and
grantee post-award obligations.
Time and Date: The Washington
meeting will held on October 23, 2008
from 10 a.m. to 11:30 a.m., and the Las
Vegas meeting on October 28, 2008,
from 3:30 p.m. to 5 p.m. These times
and the agenda topics are subject to
change. Please refer to NTIA’s Web site,
www.ntia.doc.gov/lptv, for the most upto-date meeting agenda.
Place: The meetings will be held in
Washington, DC at the U.S. Department
of Commerce and in Las Vegas, Nevada
at the Golden Nugget Hotel and Casino.
7 The October 29, 2007, Federal Register notice
regarding the Conversion Program, stated that ‘‘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.’’
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Status: Interested parties are invited
to attend and to submit written
comments. Interested parties are
permitted to file comments
electronically via e-mail to
lptv@ntia.doc.gov. Comments provided
via email may be submitted in one or
more of the formats specified below.
Comments may be filed with NTIA at
any time before the meeting, and
through November 14, 2008. If
interested parties wish to submit
comments for consideration by NTIA in
advance of the meeting, they should be
sent to the above listed address and
received by close of business one week
prior to the meeting to provide
sufficient time for review. Comments
received after such time may not be
reviewed prior to the meeting.
Alternatively, interested parties may
also submit paper submissions.
Paper comments should be sent to:
LPTV Program, U.S. Department of
Commerce, Room 4812, 1401
Constitution Ave., NW., Washington,
DC 20230. Please note that all material
sent via the U.S. Postal Service
(including ‘‘Overnight’’ or ‘‘Express
Mail’’) is subject to delivery delays of up
to two weeks due to mail security
procedures at the Department of
Commerce. All written comments
received will be posted on the NTIA
Web site at www.ntia.doc.gov/lptv.
It would be helpful if paper
submissions also include a CD or DVD
in HTML, ASCII, Word or WordPerfect
format (please specify version). CDs or
DVDs should be labeled with the name
and organizational affiliation of the filer,
and the name of the word processing
program used to create the document.
Because of space limitation,
attendance at the meeting will be
determined on a first-come, first-served
basis. The meeting will be physically
accessible to people with disabilities.
Individuals requiring special services,
such as sign language interpretation or
other ancillary aids, are asked to
indicate this to [name] at least two (2)
days prior to the meeting. Members of
the public will have an opportunity to
ask questions at the meeting.
Individuals who would like to submit
questions in writing should e-mail their
questions to Lynn Chadwick at
lchadwick@ntia.doc.gov.
Dated: October 2, 2008.
Meredith Attwell Baker,
Acting Assistant Secretary for
Communications and Information.
[FR Doc. E8–23841 Filed 10–8–08; 8:45 am]
BILLING CODE 3510–60–P
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Agencies
[Federal Register Volume 73, Number 197 (Thursday, October 9, 2008)]
[Proposed Rules]
[Pages 59586-59588]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23841]
=======================================================================
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
47 CFR Chapter III
Low-Power Television and Translator Upgrade Program; Public
Meeting
AGENCY: National Telecommunications and Information Administration,
U.S. Department of Commerce.
ACTION: Advanced notice of proposed rulemaking, notice of public
meetings.
-----------------------------------------------------------------------
SUMMARY: Section 3009 of the Deficit Reduction Act (Act) requires the
National Telecommunications and Information Administration (NTIA) to
implement and administer a program through which each eligible low-
power television broadcast station, Class A television station,
television translator
[[Page 59587]]
station, or television booster station may receive reimbursement for
equipment to upgrade from analog to digital in eligible rural
communities. NTIA will hold public meetings regarding the
implementation of this Low-power Television Upgrade Program (Upgrade
Program) \1\ in Washington, DC and Las Vegas, Nevada.
---------------------------------------------------------------------------
\1\ See Title III of the Deficit Reduction Act of 2005, Public
Law No. 109-171, 120 Stat. 4, 21 (Feb. 8, 2006).
DATES: The meeting will be held in Washington DC on October 24, 2008,
at 10 a.m. Eastern Time, and in Las Vegas, Nevada on October 28, 2008,
---------------------------------------------------------------------------
at 3:30 p.m. Mountain Time.
ADDRESSES: The Washington, DC meeting will be held at the U.S.
Department of Commerce, 1401 Constitution Ave., NW. The Las Vegas,
Nevada meeting will be held at the Golden Nugget Hotel and Casino, 129
Fremont Street. The locations of both meetings will also be announced
on the NTIA Web site www.ntia.doc.gov/lptv.
FOR FURTHER INFORMATION: For further information regarding the
meetings, contact William Cooperman, Broadcast Division Director, at
(202) 482-5802.
SUPPLEMENTARY INFORMATION: NTIA will host two public meetings related
to its implementation of the Upgrade Program authorized under Section
3009 of the Deficit Reduction Act of 2005, as amended by the DTV
Transition Assistance Act (Pub. L. 110-295). As amended, section 3009
of the Act contains, in its entirety, the following language:
Sec. 3009. Low-Power Television and Translator Upgrade Program
(a) Establishment.--The Assistant Secretary shall make payments of
not to exceed $65,000,000, in the aggregate, during fiscal years 2009
through 2012, from the Digital Television Transition and Public Safety
Fund established under section 309(j)(8)(E) of the Communications Act
of 1934 (47 U.S.C. 309(j)(8)(E)) to implement and administer a program
through which each licensee of an eligible low-power television station
may receive reimbursement for equipment to upgrade low-power television
stations from analog to digital in eligible rural communities, as that
term is defined in section 610(b)(2) of the Rural Electrification Act
of 1937 (7 U.S.C. 950bb(b)(2)). Such reimbursements shall be issued to
eligible stations on or after February 18, 2009. Priority
reimbursements 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.
(b) Eligible Stations.--For purposes of this section, the term
``eligible low-power television station'' means 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 converted from analog to digital operations prior
to the date of enactment of the Digital Television Transition and
Public Safety Act of 2005.
Section 610(b)(2) of the Rural Electrification Act of 1937 (7
U.S.C. 950bb(b)(2)), which is referenced in Section 3009(a), contains,
in its entirety, the following language: ``the term `eligible rural
community' means any area of the United States that is not contained in
an incorporated city or town with a population in excess of 20,000
inhabitants.''
Matters To Be Considered: NTIA will discuss the following topics at
the public meetings and will also provide an opportunity for public
comment on these matters.
1. Station Eligibility: How to define an eligible station. Issues
that will be discussed include the following:
(1) Whether a facility must hold an FCC license to be considered
``broadcasting'' or be permitted to hold an FCC construction permit or
program test authority.
(2) Whether a facility meets the statutory requirement
``broadcasting exclusively in analog format'' if it has a construction
permit, program test authority, or license for a digital companion
channel or has flash cut to digital.
(3) Whether NTIA should establish a uniform deadline of eligibility
(DOE) applicable to all applicants that NTIA will use when determining
a station's eligibility regarding the two previous items. If so, should
the DOE be (1) the date of enactment of the Act (i.e., February 8,
2006), (2) the closing date for receipt of Upgrade Program applications
for the applicable grant round, (3) the same date as the Expenditure
Start Date discussed in the section titled Reimbursement, below, or (4)
some other date.
(4) Whether a governmental subsidiary can be considered a nonprofit
corporation and therefore may qualify for ``priority reimbursement.''
(5) Whether NTIA should adopt the same requirements regarding
station eligibility for the Upgrade Program as NTIA adopted for the
Digital-to-Analog Conversion Program (Conversion Program) and published
in the October 29, 2007, Federal Register (72 FR 61109-61114). The
Conversion Program was established under Section 3008 of the Act and
contains language identical to Section 3009 establishing the Upgrade
Program regarding the definition of an eligible station.\2\
---------------------------------------------------------------------------
\2\ The October 29, 2007, Federal Register notice announcing the
Conversion Program stated that an eligible station ``must be
broadcasting as authorized by the FCC, not merely possess a
Construction Permit,'' that ``stations that broadcast in digital,
either on the main channel or on a companion channel, will not be
eligible,'' and that ``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.'' The
notice also required that an applicant to the Conversion Program
``either hold an FCC broadcast license or have filed an application
for a broadcast license prior to November 29, 2007.''
---------------------------------------------------------------------------
2. Eligible Communities: How NTIA could implement the statutory
requirement that an eligible station must be ``in eligible rural
communities'' (i.e., ``any area of the United States that is not
contained in an incorporated city or town with a population in excess
of 20,000 inhabitants.'') Issues to be discussed will include the most
appropriate method of designating an eligible rural community,
including the following:
(1) Whether NTIA should determine an eligible rural community based
on the population within the station's
(a) Community of license, or
(b) FCC 50/50 contour,\3\ or
---------------------------------------------------------------------------
\3\ See 47 CFR 73.684, 73.699.
---------------------------------------------------------------------------
(c) Grade A coverage,\4\ or
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\4\ See 47 CFR 73.684.
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(d) Grade B coverage,\5\ or
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\5\ See id.
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(e) P coverage contour per Section 74.707 of the FCC Rules.
(2) Whether NTIA should determine an eligible rural community based
on some other definition or formula (e.g., the number, or percentage,
of people served by the station living in rural areas outside Urban
Areas or Urban Clusters of more than 20,000).\6\
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\6\ Urban Areas and Urban Clusters are areas defined by the U.S.
Census Bureau, see https://www.census.gov/geo/www/ua/ua_2k.html.
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3. Reimbursement: The statute provides for reimbursement to an
otherwise eligible station that has not converted from analog to
digital operations prior to the ``date of enactment of the Digital
Television Transition and Public Safety Act of 2005'' (i.e., February
8, 2006). Issues that will be discussed include whether NTIA should
accept all expenditures for eligible costs after February 8, 2006, for
reimbursement, or, in order to provide fair and equitable notice to all
potential applicants to the Upgrade Program,
[[Page 59588]]
establish another date (``Expenditure Start Date'') after which
applicant expenses would be eligible for reimbursement. If NTIA were to
establish the Expenditure Start Date after February 8, 2006, should it
be any of the following?
(1) The date of this notice, or
(2) The date that NTIA announces the availability of funds to start
the Upgrade Program, or
(3) The closing date for receipt of Upgrade Program applications
for the applicable grant round, or
(4) The date that NTIA awards Upgrade Program funds to an
applicant, or
(5) The Deadline of Eligibility date discussed earlier in the
section on Eligibility.
4. Priority Reimbursement: How NTIA can implement the requirement
that priority reimbursement 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.'' Issues to be discussed include
whether NTIA should
(1) Have an exclusive period during which only applicants who
qualify for the priority can apply?
(2) Establish a priority reimbursement category within a larger
grant round?
(3) Provide additional points, if the grants are competitive, to
those applicants which meet the criteria for priority reimbursement?
(4) Require that stations meet both criteria (licensee held by a
non-profit corporation and that serve rural areas of fewer than 10,000
viewers) in order to receive the priority?
(5) Use the same benchmark in determining the priority
reimbursement population requirement (``rural areas of fewer than
10,000 viewers'') as used in determining population eligibility
requirement (``any area of the United States that is not contained in
an incorporated city or town with a population in excess of 20,000
inhabitants'')?
(6) Adopt the same requirements regarding priority reimbursement
for the Upgrade Program as it adopted for the Conversion Program and
published in the October 29, 2007, Federal Register (72 FR 61109-
61114). The Conversion Program was established under Section 3008 of
the Act and contains language identical to Section 3009 establishing
the Upgrade Program regarding priority consideration
(reimbursement).\7\
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\7\ The October 29, 2007, Federal Register notice regarding the
Conversion Program, stated that ``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.''
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5. Eligible Equipment and Costs: The Act states that reimbursement
shall be given for ``equipment to upgrade low-power television stations
from analog to digital,'' but does not provide further guidance
regarding which equipment or costs should be supported by the program.
Issues that will be discussed include what costs or equipment
should be eligible for reimbursement under the program and whether
there should be a formula or limit on the amount of funds awarded to a
single station. If so, what should they be or how should they be
determined?
6. Application Selection: Issues to be discussed include how
applications should be selected for funding and whether NTIA should
consider any of the following alternatives:
(1) Uniform grants. If all 7,000 low-power facilities were eligible
for the program, each facility could receive a grant of approximately
$9,000; if only half the facilities were eligible for the program, the
uniform grant would be approximately $18,000, etc.
(2) First-come, first served. NTIA could fund complete applications
from otherwise eligible stations on a first-come, first-served basis,
until all funds are awarded. A provision would have to be devised to
provide for the facilities that meet the statutory requirements for
priority reimbursement.
(3) Competitive grant cycle. If NTIA were to awards funds on a
competitive basis, what selection factors and criteria should it
establish to evaluate applications?
(4) Single or multiple grant cycles. How many grant cycles should
NTIA plan to award the funds during the authorized period FY 09-FY 12?
7. Administrative Procedures to Award Grants: Issues to be
discussed include the administrative matters related to the efficient
implementation of the Upgrade Program, including preparation and
submission of applications, payment of funds, and grantee post-award
obligations.
Time and Date: The Washington meeting will held on October 23, 2008
from 10 a.m. to 11:30 a.m., and the Las Vegas meeting on October 28,
2008, from 3:30 p.m. to 5 p.m. These times and the agenda topics are
subject to change. Please refer to NTIA's Web site, www.ntia.doc.gov/
lptv, for the most up-to-date meeting agenda.
Place: The meetings will be held in Washington, DC at the U.S.
Department of Commerce and in Las Vegas, Nevada at the Golden Nugget
Hotel and Casino.
Status: Interested parties are invited to attend and to submit
written comments. Interested parties are permitted to file comments
electronically via e-mail to lptv@ntia.doc.gov. Comments provided via
email may be submitted in one or more of the formats specified below.
Comments may be filed with NTIA at any time before the meeting, and
through November 14, 2008. If interested parties wish to submit
comments for consideration by NTIA in advance of the meeting, they
should be sent to the above listed address and received by close of
business one week prior to the meeting to provide sufficient time for
review. Comments received after such time may not be reviewed prior to
the meeting. Alternatively, interested parties may also submit paper
submissions.
Paper comments should be sent to: LPTV Program, U.S. Department of
Commerce, Room 4812, 1401 Constitution Ave., NW., Washington, DC 20230.
Please note that all material sent via the U.S. Postal Service
(including ``Overnight'' or ``Express Mail'') is subject to delivery
delays of up to two weeks due to mail security procedures at the
Department of Commerce. All written comments received will be posted on
the NTIA Web site at www.ntia.doc.gov/lptv.
It would be helpful if paper submissions also include a CD or DVD
in HTML, ASCII, Word or WordPerfect format (please specify version).
CDs or DVDs should be labeled with the name and organizational
affiliation of the filer, and the name of the word processing program
used to create the document.
Because of space limitation, attendance at the meeting will be
determined on a first-come, first-served basis. The meeting will be
physically accessible to people with disabilities. Individuals
requiring special services, such as sign language interpretation or
other ancillary aids, are asked to indicate this to [name] at least two
(2) days prior to the meeting. Members of the public will have an
opportunity to ask questions at the meeting. Individuals who would like
to submit questions in writing should e-mail their questions to Lynn
Chadwick at lchadwick@ntia.doc.gov.
Dated: October 2, 2008.
Meredith Attwell Baker,
Acting Assistant Secretary for Communications and Information.
[FR Doc. E8-23841 Filed 10-8-08; 8:45 am]
BILLING CODE 3510-60-P