[Federal Register Volume 72, Number 208 (Monday, October 29, 2007)]
[Notices]
[Pages 61109-61114]
From the Federal Register Online via the Government Publishing 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 [email protected].

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, 
http://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.
---------------------------------------------------------------------------

    \18\ 120 Stat. at 25.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \20\ 120 Stat. at 26.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \21\ 26 U.S.C. 501(c) except not (c)(4).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \22\ 120 Stat. at 26.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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 http://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 (http://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: http://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, 
[email protected], (202) 482-8338.
    All other states and territories: Larry Dyer, [email protected], 
202-482-1762.
    Applicants may also contact: William Cooperman, Director, 
[email protected], (202) 482-5802.
    Contact for electronic access problems: [email protected], 
(202) 482-4631.
    Answers to Frequently Asked Questions about the Low-Power and 
Translator Conversion Program grants and applications are available 
online at http://www.ntia.doc.gov/lptv.
    Questions regarding Department of Commerce grant policies may be 
directed to: Joyce Brigham NIST/GAMD Grants Officer, 
[email protected], (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