[Federal Register Volume 73, Number 168 (Thursday, August 28, 2008)]
[Notices]
[Pages 50782-50783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19992]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

[Docket No: 070920527-81110-02]


Low-Power Television and Translator Digital-to-Analog Conversion 
Program

AGENCY: National Telecommunications and Information Administration, 
Department of Commerce.

ACTION: Amendment to Notice of Availability of Funds.

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SUMMARY: On October 29, 2007, the National Telecommunications and 
Information Administration (NTIA) published a notice in the Federal 
Register announcing the establishment of the Low-Power Television and 
Translator Digital-to-Analog Conversion Program (Conversion Program) 
and announcing $8 million in funds available for grants. Pursuant to 
the requirements of the DTV Transition Assistance Act, Public Law No. 
110-295, NTIA has determined that the full funding amount is not 
necessary for the Conversion Program and herein announces the funds 
available for these grants to be $3.5 million. NTIA also announces 
certain changes in the application submission deadlines.

DATES: The deadline for applications is February 17, 2009. However, 
NTIA will not be able to guarantee the availability of funds for those 
applications submitted (postmarked) after November 17, 2008. For 
applications submitted (postmarked) on or after November 18, 2008, 
through February 17, 2009, NTIA will use no more than $1 million of any 
of the $3.5 million remaining after November 17, 2008 and will process 
applications on a first-come, first-served basis until the $1 million 
is exhausted.

FOR FURTHER INFORMATION CONTACT: William Cooperman, Broadcasting 
Division Director, at telephone (202) 482-5802; fax (202) 482-2156; e-
mail [email protected]; or mail National Telecommunications and 
Information Administration, U.S. Department of Commerce, 1401 
Constitution Avenue, NW., Room H-4812, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Low-Power Television and Translator Digital-to-Analog Conversion 
Program

    Section 3008 of the Deficit Reduction Act of 2005 (Deficit 
Reduction Act), Public Law No. 109-171, 120 Stat. 4, 25-26 (2006), 
established the Low-Power Television and Translator Digital-to-Analog 
Conversion Program (Conversion Program) to assist low-power television 
stations so that they can continue analog broadcasting after the 
February 17, 2009 digital television transition of full-power 
television stations. The Deficit Reduction Act authorizes $10 million 
for NTIA to provide funding during fiscal years 2008 and 2009 to 
eligible low-power television stations so that they may purchase 
digital-to-analog conversion devices that enable them to convert the 
incoming digital signal of their corresponding full-power television 
station to analog format for transmission on the low-power stations' 
analog channel.
    On October 29, 2007, NTIA published a notice in the Federal 
Register announcing the Conversion Program; establishing the 
eligibility criteria, application requirements, and award amounts for 
the program; and announcing the availability of $8 million for the 
grants.\1\ NTIA also distributed information about the Conversion 
Program through postings on http://www.grants.gov maintained by the 
Office of Management and Budget and NTIA's Web site (http://www.ntia.doc.gov/lptv), through two mailings to each low-power 
television licensee, and through information disseminated at industry 
meetings by NTIA officials. As of July 31, 2008, NTIA had received 
applications from 749 low-power television facilities, including 689 
applications from television translators, 50 applications from low-
power television stations, and 10 applications from Class A television 
stations.
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    \1\ See 72 FR 61109 (2007), also available on NTIA's Web site 
at: http://www.mtia.doc.gov/ntiahome/frnotices/2007/LPTVfund_102907.pdf.
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The DTV Transition Assistance Act

    On July 31, 2008, the DTV Transition Assistance Act (Assistance 
Act), Public Law No. 110-295, 122 Stat. 2972 (2008), was enacted. 
Section 2(a) of the Assistance Act amends Section 3008 of the Deficit 
Reduction Act to require NTIA to determine whether the full $10 million 
authorized for the Conversion Program will be needed to assist eligible 
low-power television stations.\2\ The Assistance Act also provides that 
this determination may be adjusted from time to time.
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    \2\ The Assistance Act authorizes NTIA to use the remaining 
amounts from the Conversion Program for consumer education and 
technical assistance regarding the digital television transition and 
the digital-to-analog converter box program authorized by section 
3005 of the Deficit Reduction Act (TV Converter Box Coupon Program).
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    After reviewing the number of low-power stations potentially 
eligible for the Conversion Program; the number of requests received 
through July 31, 2008; and the number of facilities that have received 
authorizations from the Federal Communications Commission to upgrade to 
digital transmission via flash-cut, NTIA determined that the full 
funding amount will not be necessary for payments to eligible low-power 
television stations. NTIA has determined that $3.5 million should 
adequately cover the amounts needed for payments to eligible low-power 
television facilities under the Conversion Program. NTIA has also 
determined to reduce this amount three months prior to February 17, 
2009, digital transition deadline.

Amendments to the Conversion Program

    Current program guidance provides that NTIA will accept 
applications through February 17, 2009, the deadline provided in 
Section 3008 of the Deficit Reduction Act. To assure maximum 
effectiveness of the funding for both the Conversion Program and the TV 
Converter Box Coupon Program, NTIA believes that the application 
process for the Conversion Program should be expedited. Therefore, to 
encourage earlier submission of Conversion Program applications, NTIA 
will make

[[Page 50783]]

the full $3.5 million available for payment to eligible low-power 
facilities for those applications submitted (postmarked) by November 
17, 2008. For applications submitted (postmarked) on or after November 
18, 2008, through February 17, 2009, NTIA will use no more than $1 
million of any of the $3.5 million remaining after November 17, 2008 
and will process applications on a first-come, first-served basis until 
the $1 million is exhausted. All other application requirements and 
procedures contained in the October 29, 2007, Federal Register Notice 
remain in effect.
    Executive Order 12866. This action has been determined to be not a 
significant regulatory action under Executive Order 12866.
    Administrative Procedure Act and Regulatory Flexibility Act. Prior 
notice and comment are not required under 5 U.S.C. 553, or any other 
law, for rules relating to public property, loans, grants, benefits or 
contracts (5 U.S.C. 553(a)). Because prior notice and an opportunity 
for public 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. et seq.) are inapplicable. Therefore, a regulatory 
flexibility analysis is not required and has not been prepared.

Bernadette McGuire-Rivera,
Associate Administrator, Office of Telecommunications Applications.
[FR Doc. E8-19992 Filed 8-27-08; 8:45 am]
BILLING CODE 3510-60-P