[Federal Register Volume 67, Number 238 (Wednesday, December 11, 2002)]
[Rules and Regulations]
[Pages 76105-76106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31055]



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 Rules and Regulations
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  Federal Register / Vol. 67, No. 238 / Wednesday, December 11, 2002 / 
Rules and Regulations  

[[Page 76105]]



LOCAL TELEVISION LOAN GUARANTEE BOARD

7 CFR Part 2200


Local Television Loan Guarantee Board; Procedural Rules

AGENCY: Local Television Loan Guarantee Board.

ACTION: Final rule.

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SUMMARY: On December 21, 2000, the President signed into law Public Law 
106-553, the Federal Funding Act for Fiscal Year 2001. Title X of Pub. 
L. 106-553, entitled the Launching our Communities' Access to Local 
Television Act of 2000 (``LOCAL TV Act'' or ``Act'') established the 
LOCAL Television Loan Guarantee Board (``Board''). The Board is 
authorized to guarantee loans to facilitate access, on a 
technologically neutral basis, to signals of local television stations 
for households located in nonserved or underserved areas. By this 
action, the Board is publishing its rules of procedure.

EFFECTIVE DATE: December 11, 2002.

FOR FURTHER INFORMATION CONTACT: Jacqueline G. Rosier, Secretary, LOCAL 
Television Loan Guarantee Board, 1400 Independence Avenue, SW, Stop 
1541, Room 2919-S, Washington, DC 20250-1541. Telephone: 202-720-0530; 
FAX: 202-720-2734; E-Mail: [email protected].

SUPPLEMENTARY INFORMATION: On December 21, 2000, the President signed 
into law Public Law 106-553, the Federal Funding Act for Fiscal Year 
2001. Title X of Pub. L. 106-553, the LOCAL TV Act, established the 
Board. The Board is authorized to guarantee loans to facilitate access, 
on a technologically neutral basis, to signals of local television 
stations for households located in nonserved or underserved areas. The 
Board is comprised of the Chairman of the Board of the Federal Reserve 
System, and the Secretaries of Commerce, Agriculture, and the Treasury, 
or their designees. The Act states that an individual may be designated 
a member of the Board only if the individual is an officer of the 
United States pursuant to an appointment by the President, by and with 
the advice and consent of the Senate. Individuals have been designated 
as Board members for each of the agencies represented on the Board. The 
LOCAL TV Act does not, however, designate a chair of the Board.
    The regulations promulgated by this action establish procedural 
rules of the Board. The Board adopted these regulations at its first 
meeting.
    These procedural rules have several key components. Because the Act 
does not designate a chair, these procedures require that, at the first 
meeting of the Board, a chair be named. This has occurred, with the 
designee of the Department of the Treasury unanimously named as chair. 
The procedural rules require that all decisions and determinations of 
the Board be made by an affirmative vote of not less than three members 
of the Board. The procedural rules require the Board to appoint a 
Secretary, who will be responsible for sending notice of all meetings, 
preparing minutes of all meetings, maintaining a complete record of all 
votes and actions taken by the Board, and publishing documents in the 
Federal Register upon approval of the Board. Finally, these procedural 
rules make clear that all communication with the Board by any party or 
parties interested in any matter pending before the Board shall be 
conducted through staff. Moreover, these rules provide that any 
communication between such a parties and a member of the Board will be 
a matter of public record.
    This rule relates to agency organization, procedure, and practices, 
and therefore, pursuant to 5 U.S.C. 553, notice of proposed rule making 
and opportunity for comment are not required. In addition, because no 
notice of proposed rule making is required pursuant to 5 U.S.C. 553, or 
any other law, the requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq., are inapplicable. Further, it has been determined 
that this rule is not a significant regulatory action for the purposes 
of Executive Order 12866.

List of Subjects in 7 CFR Part 2200

    Loan programs--Communications, Rural areas, Telecommunications, 
Reporting and recordkeeping requirements.


    For the reasons set forth in the preamble, chapter XX of title 7 of 
the Code of Federal Regulations is established to read as follows:

CHAPTER XX--LOCAL TELEVISION LOAN GUARANTEE BOARD

PART 2200--LOCAL TELEVISION LOAN GUARANTEE BOARD PROCEDURES

Sec.
2200.1 Definitions.
2200.2 Purpose and scope.
2200.3 Composition of the Board.
2200.4 Authorities of the Board.
2200.5 Offices.
2200.6 Meetings and actions of the Board.
2200.7 Officer and staff responsibilities.
2200.8 Ex parte communications.
2200.9 Amendments.
2200.10 [Reserved]

    Authority: 47 U.S.C. 1101 et seq.; Pub. L. 106-553; Pub. L.107-
171.


Sec.  2200.1  Definitions.

    (a) Act means the Launching Our Communities' Access to Local 
Television Act of 2000, Title X of Public Law 106-553, 114 Stat. 2762A-
128.
    (b) Administrator means the Administrator of the Rural Utilities 
Service of the United States Department of Agriculture.
    (c) Board means the Launching Our Communities' Access to Local 
(LOCAL) Television Loan Guarantee Board.


Sec.  2200.2  Purpose and scope.

    This part is issued by the Board pursuant to Section 1004 of the 
Act. This part describes the Board's organizational structure and the 
means and rules by which the Board takes actions.


Sec.  2200.3  Composition of the Board.

    The Board consists of the Secretary of the Treasury, the Chairman 
of the Board of Governors of the Federal Reserve System, the Secretary 
of Agriculture, and the Secretary of Commerce, or their respective 
designees. An individual may be designated a member of the Board only 
if the individual is an officer of the United States pursuant to an 
appointment by the President, by and with the advice and consent of the 
Senate.

[[Page 76106]]

Sec.  2200.4  Authority of the Board.

    The Board is authorized to guarantee loans in accordance with the 
provisions of the Act and procedures, rules, and regulations 
established by the Board; to make the determinations authorized by the 
Act; and to take such other actions as are necessary to carry out its 
functions in accordance with the Act.


Sec.  2200.5  Offices.

    The principal offices of the Board are at the U.S. Department of 
Agriculture, Rural Utilities Service, Room 2919-S, Stop 1541; 1400 
Independence Ave., SW.; Washington, DC 20256-1590.


Sec.  2200.6  Meetings and actions of the Board.

    (a) Chair. At its initial meeting, the Board shall select a Chair 
by an affirmative vote of not less than three members of the Board.
    (b) Place and frequency. The Board meets, on the call of the Chair, 
in order to consider matters requiring action by the Board. Time and 
place for any such meeting shall be determined by the members of the 
Board.
    (c) Quorum and voting. Three voting members of the Board constitute 
a quorum for the transaction of business. All decisions and 
determinations of the Board shall be made by an affirmative vote of not 
less than three members of the Board. All votes on determinations of 
the Board required by the Act shall be recorded in the minutes. A Board 
member may request that any vote be recorded according to individual 
Board members.
    (d) Agenda of meetings. To the extent practicable, an agenda for 
each meeting shall be distributed to members of the Board at least two 
days in advance of the date of the meeting, together with copies of 
materials relevant to the agenda items.
    (e) Minutes. The Secretary shall keep minutes of each Board meeting 
and of action taken without a meeting, a draft of which is to be 
distributed to each member of the Board as soon as practicable after 
each meeting or action. To the extent practicable, the minutes of a 
Board meeting shall be corrected and approved at the next meeting of 
the Board.
    (f) Use of conference call communications equipment. Any member may 
participate in a meeting of the Board through the use of conference 
call, telephone or similar communications equipment, by means of which 
all persons participating in the meeting can simultaneously speak to 
and hear each other. Any member so participating in a meeting shall be 
deemed present for all purposes. Actions taken by the Board at meetings 
conducted through the use of such equipment, including the votes of 
each member, shall be recorded in the usual manner in the minutes of 
the meetings of the Board.
    (g) Actions between meetings. When, in the judgment of the Chair, 
circumstances occur making it desirable for the Board to consider 
action when it is not feasible to call a meeting, the relevant 
information and recommendations for action may be transmitted to the 
members by the Secretary and the voting members may communicate their 
votes to the Chair in writing (including an action signed in 
counterpart by each Board member), electronically, or orally (including 
telephone communication). Any action taken under this paragraph has the 
same effect as an action taken at a meeting. Any such action shall be 
recorded in the minutes.
    (h) Officers and staff of the Board. The Board shall appoint a 
Secretary and may appoint such other officers and staff as it deems 
appropriate, including an Executive Director and a Legal Counsel. An 
individual may hold more than one officer or staff position.
    (i) Delegations of authority. The Board may delegate authority, 
subject to such terms and conditions as the Board deems appropriate, to 
officers and staff to take certain actions not required by the Act to 
be taken by the Board. All delegations shall be made pursuant to 
resolutions of the Board and recorded in writing, whether in the 
minutes of a meeting or otherwise. Any action taken pursuant to such 
delegated authority has the effect of an action taken by the Board.


Sec.  2200.7  Officer and staff responsibilities.

    (a) Executive Director. The Executive Director advises and assists 
the Board in carrying out its responsibilities under the Act, provides 
general direction with respect to the administration of the Board's 
actions, directs the activities of the staff, and performs such other 
duties as the Board may require.
    (b) Legal Counsel. The Legal Counsel provides legal advice relating 
to the responsibilities of the Board and performs such other duties as 
the Board may require.
    (c) Secretary. The Secretary sends notice of all meetings, prepares 
minutes of all meetings, maintains a complete record of all votes and 
actions taken by the Board, has custody of all records of the Board, 
has authority to publish documents in the Federal Register upon 
approval of the Board and performs such other duties as the Board may 
require.
    (d) Other. The responsibilities of any other officer or staff shall 
be defined by the Board at the time of appointment of such position.


Sec.  2200.8  Ex parte communications.

    Communication with the Board shall be conducted through the staff 
of the Board. Oral or written communication, not on the public record, 
between the Board, or any member of the Board, and any party or parties 
interested in any matter pending before the Board concerning the 
substance of that matter is prohibited.


Sec.  2200.9  Amendments.

    The Board's rules may be adopted or amended, or new rules may be 
adopted, only by the affirmative vote of not less than three members of 
the Board. Authority to adopt or amend these rules may not be 
delegated.


Sec.  2200.10  [Reserved]

    Dated: October 31, 2002.
Jacqueline Rosier,
Secretary, LOCAL Television Loan Guarantee Board.
[FR Doc. 02-31055 Filed 12-10-02; 8:45 am]
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