[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Proposed Rules]
[Pages 32776-32777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14978]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / 
Proposed Rules  

[[Page 32776]]



DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

15 CFR Part 2301

[Docket No. 170627596-7596-01]
RIN 0660-AA34


Repeal of Regulations Governing the Public Telecommunications 
Facilities Program

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The National Telecommunications and Information Administration 
(NTIA) issues this NPRM to propose the repeal of its regulations 
governing the Public Telecommunications Facilities Program (PTFP). The 
PTFP is a competitive grant program that helps public broadcasting 
stations, state and local governments, Indian Tribes, and nonprofit 
organizations to construct public television and radio stations. As of 
Fiscal Year 2011, no funds have been available for PTFP grants. NTIA is 
proposing to repeal its regulations governing the PTFP because the 
regulations are unnecessary and obsolete.

DATES: Comments must be received by August 17, 2017 at 5:00 p.m. 
Eastern Standard Time.

ADDRESSES: The public may submit comments identified by [170627596-
7596-01] by email to [email protected] or by mail to: Office 
of the Chief Counsel, National Telecommunications and Information 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Room 4713, Washington, DC 20230. The public may also submit 
comments through the Federal e-Rulemaking Portal: http://www.regulations.gov (search using the docket number). Follow the online 
instructions for submitting comments.

FOR FURTHER INFORMATION CONTACT: Milton Brown, Deputy Chief Counsel, 
National Telecommunications and Information Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Room 4713, 
Washington, DC 20230; telephone: (202) 482-1816; facsimile: (202) 501-
8013; or email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The PTFP is a competitive grant program that supports the planning 
and construction of public telecommunications facilities.\1\ The 
program helps public broadcasting stations, state and local 
governments, Indian Tribes, and nonprofit organizations to construct 
public television and radio stations. On November 8, 1996, NTIA issued 
a final rule entitled, ``Public Telecommunications Facilities 
Program,'' to carry out its statutory responsibility to administer the 
PTFP.\2\ With its final rule, NTIA revised and clarified its 
regulations governing the PTFP. The purpose of the regulations was to 
outline the PTFP grant application requirements, the evaluation and 
selection process, post-award requirements, and the completion of PTFP 
grant projects. Between Fiscal Years 1994 and 2010, NTIA awarded 
between $14 and $42 million each year in PTFP grant awards to assist 
radio, television, digital television including digital conversion 
projects, and distance learning.
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    \1\ The PTFP is authorized under the Public Telecommunications 
Financing Act of 1978, as amended, 47 U.S.C. 390-393, 397-399b.
    \2\ 61 FR 57966 (Nov. 8, 1996). (The rules were codified at 47 
CFR part 2301.)
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    For the past seven years, no funds have been available for PTFP 
grants. In 2010, the Department of Commerce found that the majority of 
PTFP grants had assisted digital television conversion projects which 
had concluded, and that support for public broadcasters was available 
from other sources.\3\ For these reasons, the Department of Commerce 
identified the PTFP as ``outdated, ineffective, or duplicative.'' \4\ 
Accordingly, Congress appropriated no funds for PTFP in Fiscal Year 
2011.\5\
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    \3\ See Commerce, Justice, Science, and Related Agencies 
Appropriations for Fiscal Year 2011: Hearing before the Subcommittee 
on Commerce, Justice, Science, and Related Agencies of the Senate 
Committee on Appropriations, 111th Cong. 12, 22 (Mar. 4, 2010).
    \4\ Id. at 12.
    \5\ See Department of Defense and Full-Year Continuing 
Appropriations Act of 2011, Public Law 112-10, sec. 1320 (Apr. 15, 
2011) (``Notwithstanding section 1101, the level of the following 
accounts shall be $0: `Department of Commerce, National 
Telecommunications and Information Administration, Public 
Telecommunications Facilities Planning and Construction' ''). In the 
2014 appropriation, Congress rescinded $8.5 million from the NTIA 
PTFP account. Consolidated Appropriations Act, 2014, Public Law 113-
76, sec. 524(a) (Jan. 17, 2014) (``Of the unobligated balances 
available for `Department of Commerce, National Telecommunications 
and Information Administration, Public Telecommunications 
Facilities, Planning and Construction,' $8,500,000 is hereby 
rescinded'').
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    As a result of the lack of funding, NTIA began the orderly shutdown 
of the PTFP thereafter. NTIA has not processed applications or awarded 
any additional grants under the PTFP since that time. NTIA has 
continued to monitor PTFP grants it awarded before Fiscal Year 2011 to 
ensure taxpayer funds have been utilized in the most responsible and 
efficient manner.

II. Comments

    The public may submit comments identified by [170627596-7596-01] by 
email to [email protected] or by mail to: Office of the Chief 
Counsel, National Telecommunications and Information Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Room 4713, 
Washington, DC 20230. The public may also submit comments through the 
Federal e-Rulemaking Portal: http://www.regulations.gov (search using 
the docket number). Follow the online instructions for submitting 
comments. Comments submitted by email should be machine-readable and 
should not be copy-protected. Commenters should include the name of the 
person or organization filing the comment, as well as a page number on 
each page of their submissions. Paper submissions should include a CD 
or DVD with an electronic version of the comment, which should be 
labeled with the name and organizational affiliation of the filer. All 
comments received are a part of the public record and will be posted 
without change to the NTIA Web site (http://www.ntia.doc.gov) and the 
Federal e-Rulemaking Portal: http://

[[Page 32777]]

www.regulations.gov. All personal identifying information (e.g., name, 
address) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit confidential business information or 
otherwise sensitive or protected information.

III. Repeal of Regulations for the Public Telecommunications Facilities 
Program

    Congress authorized NTIA to establish regulations ``as may be 
necessary to carry out'' the PTFP.\6\ Due to the lack of funding for 
seven years and no prospective funding for the PTFP, the regulations 
governing the PTFP are unnecessary and obsolete. If these regulations 
are not removed, it may suggest that the program is still active and 
may cause confusion regarding the status of the program. Accordingly, 
NTIA issues this NPRM to propose the repeal of its regulations 
governing the PTFP.
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    \6\ 47 U.S.C. 392(e).
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Executive Order 12866

    The proposed repeal of the regulations governing the PTFP is not a 
significant regulatory action as defined by Executive Order 12866.

Executive Order 13132

    The proposed repeal of the regulations governing the PTFP does not 
contain policies with federalism implications sufficient to warrant 
preparation of a federalism assessment under Executive Order 13132.

Regulatory Flexibility Act

    The proposed repeal of regulations governing the PTFP will not have 
a significant economic impact on a substantial number of small 
entities. NTIA estimates that the proposed repeal of the regulations 
governing PTFP will impact no small entities. The proposed repeal of 
the regulations governing PTFP does not include reporting, 
recordkeeping, or other compliance requirements; therefore, no small 
entities will be subject to such requirements. Thus, the Chief Counsel 
for Regulation of the Department of Commerce is providing a 
certification to the Chief Counsel for Advocacy of the Small Business 
Administration in accordance with section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 605(b)).

Paperwork Reduction Act

    The proposed repeal of the regulations governing the PTFP contains 
no collections of information. Therefore, clearance by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1995 
is not required. In 2013, OMB approved NTIA's requests to discontinue 
the following collections associated with the regulations governing the 
PTFP: OMB Control Numbers 0660-0003, 0660-0001, and 0605-0001; 
consequently, NTIA has no active collections associated with its 
regulations governing the PTFP.

Lists of Subjects in 15 CFR Part 2301

    Administrative procedure, Grant programs--communications, Reporting 
and recordkeeping requirements, Telecommunications.

PART 2301--[REMOVED AND RESERVED]

0
For the reasons stated above, and under the authority of 47 U.S.C. 390-
393 and 397-399b, NTIA proposes to remove and reserve Part 2301.

    Dated: July 12, 2017.
Leonard Bechtel,
Director of Administration and Chief Financial Officer, performing the 
non-exclusive duties of the Assistant Secretary for Communications and 
Information, National Telecommunications and Information 
Administration.
[FR Doc. 2017-14978 Filed 7-17-17; 8:45 am]
 BILLING CODE 3510-60-P