[Federal Register Volume 73, Number 80 (Thursday, April 24, 2008)]
[Proposed Rules]
[Pages 22120-22124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8869]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
47 CFR Part 301
[Docket Number: 080324461-8462-01]
RIN 0660-AA17
The Household Eligibility and Application Process of the Coupon
Program for Individuals Residing in Nursing Homes and Households that
Utilize Post Office Boxes; Waiver
AGENCY: National Telecommunications and Information Administration,
Commerce.
ACTION: Notice of proposed rulemaking; request for comments.
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SUMMARY: In this document, the National Telecommunications and
Information Administration (NTIA) proposes certain changes affecting
section 301.3 of its Digital-To-Analog Converter Box Coupon Program
rules set forth at 47 CFR 301.3. Specifically, NTIA proposes to waive
the ``eligible household'' and application requirements in section
301.3(a), and section 301.3(e), for individuals residing in nursing
homes or other senior care facilities, subject to the alternative
application requirements specified herein. NTIA also proposes to amend
section 301.3(a)(2) to permit an otherwise eligible household that
utilizes a post office box for mail receipt to apply for and receive
coupons subject to providing satisfactory proof of physical residence.
DATES: Comments must be submitted by 5 p.m. EST, no later than June 9,
2008.
ADDRESSES: Comments via mail should be submitted to: Milton Brown,
Office of the Chief Counsel, National Telecommunications and
Information Administration, 1401 Constitution Avenue, Room 4713,
Washington, DC 20230. Comments may also be sent by facsimile to (202)
501-8013. Electronic comments may be submitted to [email protected]
or to Regulations.gov at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Milton Brown at (202) 482-1816.
SUPPLEMENTARY INFORMATION: The Digital Television Transition and Public
Safety Act of 2005 (the Act), among other things, authorized NTIA to
create a Digital-to-Analog Converter Box Coupon Program (Coupon
Program) to assist consumers who wish to continue receiving broadcast
programming over the air using analog-only televisions not connected to
cable or satellite service after the February 17, 2009, deadline for
full power stations to convert to digital-only transmissions.\1\
Specifically, Section 3005 of the Act directed NTIA to implement and
administer a program through which eligible U.S. households may obtain
via the United States Postal Service a maximum of two coupons of $40
each to be applied towards the purchase of Coupon-Eligible Converter
Boxes (CECB). To implement the Coupon Program, NTIA issued regulations
on March 15, 2007.\2\
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\1\ Title III of Pub. L. No. 109-171, 120 Stat. 4, 21 (2006).
\2\See 47 CFR Part 301.
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Since NTIA began accepting applications for coupons on January 1,
2008, the Program has received a number of applications submitted by,
or on behalf of, individuals residing in nursing homes and from
applicants who utilize a post office box for mail receipt. Because
these applicants do not meet the current eligibility criteria under the
Coupon Program regulations, these applications have been denied.
I. Nursing Home Residents
NTIA recognizes that our Nation's seniors, including those residing
in nursing homes and other senior care facilities, constitute a
vulnerable community that may rely on free, over-the-air television to
a greater degree than other members of the public.\3\ For this reason,
seniors may have a greater need for converter boxes to continue
receiving broadcast programming over the air using analog-only
television sets. To date, NTIA has implemented the Coupon Program in a
manner that strives to assure that no Americans lose television service
as a result of the digital transition, and NTIA is committed to
ensuring that the Program also addresses the particular needs of this
vulnerable segment of the population as well. The eligibility
requirements of the program, however, do not permit seniors living in
nursing homes to avail themselves of the Coupon Program.
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\3\ See Testimony of John M.R. Kneuer, Assistant Secretary for
Communications and Information, Before the Committee on Commerce,
Science and Transportation, United States Senate (Oct. 17, 2007)
(recognizing seniors as a targeted group that depends on over-the-
air television to a greater extent than the general population),
available at http://www.ntia.doc.gov/ntiahome/congress/2007/Kneuer_SenateCommerce_101707.htm.
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To permit seniors residing in nursing homes to participate in the
program, NTIA proposes to waive the current household eligibility and
application process set forth at 47 CFR 301.3 and to permit these
individuals to apply for and receive one coupon under certain
[[Page 22121]]
circumstances. However, NTIA must be assured that coupons are
distributed to verifiable residents of these facilities and that the
Coupon Program is administered effectively within the existing
resources Congress has made available and in a manner that minimizes
waste, fraud and abuse. NTIA requests comments on its proposal to waive
its eligibility requirements for nursing home residents.
The addition of nursing home residents to the program presents
particular administrative challenges. NTIA is concerned about whether
information is readily available that would allow the agency to confirm
that the individual making the coupon request (or on whose behalf the
request is made) actually resides in a nursing home. NTIA seeks
comments on ways to address these and other administrative challenges.
In addition, information the agency has gathered from organizations
representing both residents and operators of senior care facilities
indicates that the majority of residents of such facilities face
cognitive, mobility, and economic barriers to requesting and using
coupons. Many nursing home residents would therefore likely require the
assistance of another person to order a coupon, purchase the box for
them using the coupon, and install the converter box. NTIA seeks
comment on how best to address the role of such assistive personnel in
our waiver process while still protecting against the potential
increased risk of waste, fraud, or abuse.
A. Identification of Nursing Homes or Other Senior Care Facilities
In order to plan and administer the Coupon Program effectively and
efficiently, NTIA must be able to determine how many additional coupon
requests will be added by operation of the proposed waiver. Moreover,
NTIA must be able to ensure to the extent possible that such requests
are being made by or on behalf of, and coupons are being issued to,
legitimately qualified individuals who need converter boxes. NTIA
recognizes that the terms ``nursing home'' and ``senior care facility''
are somewhat generic. There are many facilities that care for elderly
residents that may be considered nursing homes in the general sense.
These include assisted living facilities, continuing care retirement
communities, and convalescent rest homes. For these reasons, NTIA
believes it is necessary to define in some way the scope of facilities
whose residents will qualify for the waiver (Eligible Nursing Home).
NTIA seeks comments on how it should define eligible nursing homes for
the purpose of the proposed waiver.
There are databases available to assist NTIA in identifying
Eligible Nursing Homes. For example, the U.S. Department of Health and
Human Services (HHS) Center for Medicare and Medicaid Services (CMS)
determines a nursing facility's eligibility to participate in the
Medicare program based on a state's certification of compliance and a
facility's compliance with civil rights requirements.\4\ CMS maintains
an Online Survey, Certification and Reporting (OSCAR), in cooperation
with the state long-term care surveying agencies.\5\ NTIA proposes to
use a facility's inclusion in the CMS OSCAR database as a baseline
criterion to establish the eligibility of a facility for the waiver
proposed here.
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\4\ See generally 42 CFR Part 403.
\5\ OSCAR is a compilation of all the data elements collected by
surveyors during the inspection survey conducted at nursing
facilities for the purpose of certification for participation in the
Medicare and Medicaid programs. The institutional files are
available at http://www.cms.hhs.gov/HealthPlanRepFileData/05_Inst.asp.
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However, NTIA recognizes that not all nursing homes in the United
States are included within the OSCAR database. Accordingly, NTIA
solicits comments on ways to ensure that all appropriate facilities not
otherwise in the OSCAR database are identified and included in our
waiver standards. To that extent, NTIA requests that nursing home
associations, state certifying agencies, and other senior care groups
provide as much information as possible to enable NTIA to ensure that
the Program reaches nursing homes with residents that would benefit
from the Coupon Program. NTIA also seeks information on the number of
nursing home residents that would actually need coupons to purchase
converter boxes in order to continue receiving broadcast programming
over the air using analog-only televisions not connected to cable,
satellite, or other pay television service, and the impact on the cost
of administering the program.
B. Administration of Coupon Program for Nursing Home Residents
To mitigate risks associated with the lack of readily available
information to authenticate requests from or on behalf of nursing home
residents, NTIA proposes an exception to our existing coupon
eligibility and application requirements that would enable residents of
Eligible Nursing Homes to apply for and receive coupons subject to
certain additional information requirements not otherwise applicable to
eligible households. Specifically, NTIA proposes to permit coupon
applications to be submitted by, or on behalf of, a resident of an
Eligible Nursing Home using any of the following three methods,
provided that only one application may be submitted for any individual:
1. Individual: An individual residing in an Eligible Nursing Home
(Nursing Home Resident) may apply for one (1) coupon on his own behalf.
In such circumstances, the coupon applicant would be required to
include: (i) his or her name, date of birth, and Social Security Number
(SSN); (ii) the name and address of the Eligible Nursing Home; and
(iii) a certification from the Nursing Home Resident as to whether he
or she receives television exclusively over the air or through cable,
satellite or other pay television service. In accordance with the
Privacy Act of 1974, disclosure of an individual's SSN for purposes of
this waiver process is voluntary; however additional information to
verify the resident's identity will be solicited if the individual
chooses not to disclose the SSN.\6\ Such additional process may delay
the resident's receipt of a coupon.
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\6\ The Privacy Act of 1974 provides that it ``shall be unlawful
for any Federal, State or local government agency to deny to any
individual any right, benefit, or privilege provided by law because
of such individual's refusal to disclose his social security
number.'' 5 U.S.C. 552a.
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2. Person Designated to Act on a Nursing Home Resident's Behalf:
Alternately, a person designated to act on behalf of a Nursing Home
Resident may request one (1) coupon for that resident. In that case,
the coupon application would be required to include all of the
information specified in Option 1 above, and, in addition, the person
requesting the coupon on the Nursing Home Resident's behalf must
supply: (i) his own name, address, Social Security Number, and date of
birth; and (ii) evidence that he is empowered to act on the behalf of
the resident (e.g., power of attorney or birth certificate indicating
familial relationship).
3. An Administrator of a Nursing Home or Other Senior Care
Facility: Finally, provided that an application has not already been
submitted under either of the foregoing options, an administrator of an
Eligible Nursing Home may also request one (1) coupon on behalf of a
Nursing Home Resident of his facility. As in Option 2, the
administrator would be required to provide for each resident for whom
the request is being made all of the information specified in Option 1
above. In addition, the administrator would
[[Page 22122]]
also be required to provide: (i) the name and address of the residents'
Eligible Nursing Home; (ii) the administrator's own name, Social
Security Number, and date of birth; and (iii) a copy of each facility's
operating license indicating the administrator's authorization to
administer the Eligible Nursing Home.
NTIA intends to audit periodically the use of coupons obtained
through any of these methods to ensure that the coupon was used to
provide a converter box for the resident's personal use. Due to the
potentially high risk of fraud and lack of other identifying
information for individuals in this population, NTIA proposes to
collect the Social Security Numbers and dates of birth from nursing
home residents and their representatives. This information provides a
unique identifier for each resident. NTIA will only use the Social
Security Number for identification, verification and tracking purposes
for the Coupon Program. This information will be collected and
maintained in a manner meeting the highest level of security required
for personally identifiable information. The information collected will
be limited to that which is necessary to identify the individual, and,
if necessary, conduct an audit of the Coupon Program or the nursing
home facility. Similar information is routinely collected from families
and legal designees conducting business for individuals in senior care
facilities.
NTIA requests comments on other methods or information that the
agency can use to verify the legitimacy of requests made by or on
behalf of Nursing Home Residents. NTIA also seeks comments on methods
to track and prevent duplicate requests and identify patterns of
fraudulent behavior.
C. Applicability of Other Provisions of the Coupon Program Rule
Consistent with section 301.4(d) of the Coupon Program regulations,
NTIA proposes to send coupons to Nursing Home Residents via U.S. Postal
Service to the address of the Eligible Nursing Home specified in the
application. In the case of a request from an administrator on behalf
of a Nursing Home Resident, NTIA proposes to mail the coupon directly
to the requesting administrator at the address provided for the
facility in the application.
NTIA proposes that a coupon issued pursuant to this waiver process
may only be used to purchase a CECB to be connected to a television set
individually-owned by the Nursing Home Resident on whose behalf the
application was made. CECBs purchased with coupons issued under this
process may not be connected to television sets owned by the nursing
home or senior care facility.
The Coupon Program does not intend to reimburse individuals, family
members, nursing home administrators or others who may be designated to
act on behalf of residents for any costs these individuals may incur in
obtaining coupons or providing other assistance related to obtaining
and installing converter boxes.
NTIA proposes that all other provisions of the Coupon Program rules
would apply to Nursing Home Residents.
II. Applicants Utilizing Post Office Boxes for Mail Receipt
As noted above, since NTIA began accepting applications for coupons
on January 1, 2008, it has received and denied applications from a
number of consumers that utilize a post office box for mail receipt.
NTIA has become aware through the appeals process, however, that many
applicants have sound reasons for utilizing a post office box for mail
receipt. For example, a number of consumers appealing denials expressed
concerns about the risk of identity theft as a result of stolen mail
received via home delivery as the reason that they receive mail
utilizing a post office box. As a consequence, NTIA believes it is
appropriate to revisit our regulations concerning the treatment of
applications using post office boxes.
In developing the Coupon Program regulations, NTIA carefully
considered mechanisms to deter waste, fraud, and abuse in the Program.
In a number of studies of government benefit programs, most recently in
its examination of fraud associated with Hurricane Katrina and Rita
disaster benefits distributed by the Federal Emergency Management
Agency (FEMA), the Government Accountability Office (GAO) noted that
preventive controls are the most effective and efficient means to
minimize waste, fraud, and abuse.\7\ GAO has specifically cited the
misuse of post office boxes by applicants for benefits and recommended
that preventive controls in a benefits program should, at a minimum,
require that application data be validated against other government or
third-party sources to determine whether an applicant has provided
accurate information on their identity and place of residence.\8\
Specifically, GAO recommended that applicants should be required to
provide their actual address.\9\
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\7\ Hurricanes Katrina and Rita Disaster Relief: Improper
Fraudulent Individual Assistance Payments Estimated to be Between
$600 Million and $1.4 Billion, Testimony, GAO-06-844T (GAO 2006
Testimony) (June 14, 2006); Hurricanes Katrina and Rita:
Unprecedented Challenges Exposed the Individuals and Households
Program to Fraud and Abuse; Actions Needed to Reduce Such Programs
in Future, Report to Congressional Committees, GAO-06-1013 (Sept.
2006); Hurricanes Katrina and Rita Disaster Relief: Prevention is
the Key to Minimizing Fraud, Waste, and Abuse in Recovery Efforts,
Testimony, GAO-07-418T (GAO 2007 Testimony) (Jan. 29, 2007).
\8\ GAO 2007 Testimony, supra n. 3, at 4-5. See also Benefit
Fraud with Post Office Boxes, Letter to Representative Gallegly,
GAO/HEHS-97-54R (Feb. 21, 1997).
\9\ GAO stated ``[w]hile not all payments made to post office
boxes are improper or potentially fraudulent, the number of
potentially fraudulent payments could be substantially reduced if
FEMA put in place procedures to instruct disaster recipients to
provide actual street addresses of damaged property when claiming
disaster assistance.'' GAO 2006 Testimony, supra n. 3, at 5.
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Accordingly, the current Coupon Program regulations require
applicants to provide a United States Postal Service mailing address in
all but a few instances, such as applicants residing on Indian
reservations, Alaskan Native Villages, and other rural areas to which
the U.S. Postal Service does not deliver to residential addresses.
Consistent with GAO's recommendation, the Coupon Program regulations
make it clear that these applicants may be required to provide
additional proof of their physical residence. Moreover, as GAO
recommended, the address of each applicant is checked by NTIA's
contractor against a third-party database to assist in validating
eligibility.
NTIA now proposes to amend section 301.3(a) of its regulations to
permit a household utilizing a post office box for mail receipt to
become eligible to apply for and receive coupons if it can provide
proof of physical residence as proof of the application process. NTIA
believes that requiring proof of physical residence will balance the
need for preventive controls to protect the Program from waste, fraud,
and abuse with the goal of the Program to provide assistance to those
consumers that will need a converter box to continue receiving
broadcast programming over the air using analog-only televisions.
Specifically, NTIA proposes that an applicant that utilizes a post
office box for mail receipt must provide one or more of the following
documents to satisfy the requirement for proof of physical residence: a
valid driver's license containing the applicant's physical address; a
utility bill (water, gas, electric, oil, cable, or landline telephone
(i.e., not wireless or pager) bearing the applicant's name and physical
address and issued within the sixty (60) days immediately preceding the
date the coupon application is
[[Page 22123]]
submitted; a government-issued property tax bill for the applicant's
residence; an unexpired homeowner's or renter's insurance policy for
the applicant's residence; an unexpired residential lease or rental
agreement with the applicant's name and physical address. NTIA will
only use this information for identification, verification and tracking
purposes for the Coupon Program. This information will be collected and
maintained in a manner meeting the highest level of security required
for personally identifiable information. Similar information is
routinely collected by governmental agencies to verify residency.\10\
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\10\ See e.g., Cal. Welfare and Institutions Code Sec. 14007.1
(Deering 2007); D.C. Code Ann. Sec. 39-309 (LexisNexis 2008); Ky.
Rev. Stat. Ann. Sec. 186.010 (LexisNexis 2008); N.C. Gen. Stat.
Sec. 20-7 (2007)
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NTIA requests comments on other methods by which it can verify the
physical address of an applicant that utilizes a post office box for
mail receipt. NTIA also seeks other information and estimates of the
number of consumers with post office boxes that will apply for coupons
if the proposed rule is implemented.
Executive Order 12866
This proposed rule has been determined to be significant for
purposes of Executive Order 12866; and therefore, has been reviewed by
the Office of Management and Budget (OMB). In accordance with Executive
Order 12866, an Economic Analysis was completed, outlining the costs
and benefits of implementing this program. The complete analysis is
available from NTIA upon request.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. NTIA has determined that the rule meets the applicable
standards provided in section 3 of the Executive Order, to minimize
litigation, eliminate ambiguity, and reduce burden.
Congressional Review Act
This rule has been determined to be major under the Congressional
Review Act, 5 U.S.C. 801 et seq.
Regulatory Flexibility Act
As required by the Regulatory Flexibility Act, 5 U.S.C. 603. NTIA
has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the
possible significant economic impact on small entities of the policies
and rules addressed in this Notice. The IRFA is set forth in Appendix
A. Written public comments are requested on the IRFA. These comments
must be filed in accordance with the same filing deadlines as comments
filed in response to this Notice and must have a separate and distinct
heading designating them as a response to the IRFA.
Information Collection and Recording Requirements
This document contains proposed information collection
requirements. In accordance with the Paperwork Reduction Act of 1995
(44 U.S.C. chapter 35), NTIA invites comments on this information
collection and intends to request approval for it from the Office of
Management and Budget (OMB). To successfully administer this program,
NTIA requests approval of the collection of information for the
proposed coupon application process and requirements for Nursing Home
Residents as well as for applicant utilizing a post office box for mail
receipt. Comments on the information collection and recordkeeping
requirements in this proposed rule must be received by June 23, 2008.
Comments are invited on (a) whether the collections of information
are necessary for the proper performance of the functions of the
agency, including whether the information will have practical utility;
(b) the accuracy of the agency's estimate of burden including the
validity of the methodology and assumptions used; (c) ways to enhance
the quality, utility and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology.
Comments on the information collection and recordkeeping
requirements in this proposed rule may be sent to Milton Brown, Office
of the Chief Counsel, National Telecommunications and Information
Administration, 1401 Constitution Avenue, Room 4713, Washington, DC
20230.
1.) Title: Waiver Application for the Digital-to-Analog Converter
Box Coupon.
Type of Request: New Collection.
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average .50 hours (30 minutes) per
respondent.
Respondents: Individuals residing in nursing homes and other senior
care facilities, representatives of such individuals, and
administrators of nursing homes or other senior care facilities.
Estimated Number of Respondents: 420,000.
Estimated Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: .50 hours.
2.) Title: Proof of Physical Residence for the Digital-to-Analog
Converter Box Coupon Application.
Type of Request: New Collection.
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average .50 hours (30 minutes) per
respondent.
Respondents: Individuals that utilize post office boxes for
residential mail receipt.
Estimated Number of Respondents: 340,000.
Estimated Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: .50 hour.
All responses to this information collection and recordkeeping
notice will be summarized and included in the request for OMB approval.
All comments will also become a matter of public record.
Executive Order 12372
No intergovernmental consultation with State and local officials is
required because this rule is not subject to the provisions of
Executive Order 12372, Intergovernmental Consultation.
Unfunded Mandates
This rule contains no federal mandates under the regulatory
provision of Title II of the Unfunded Mandates Reform Act of 1995 for
State, local and tribal governments or the private sector. Thus, this
rule is not subject to the requirements of sections 202 and 205 of the
Unfunded Mandates Reform Act of 1995.
National Environmental Policy Act
It has been determined that this rule does not constitute a major
federal action significantly affecting the quality of the human
environment, and in accordance with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) (NEPA), an Environmental Impact
Statement is not required.
Government Paperwork Elimination Act
NTIA is committed to compliance with the Government Paperwork
Elimination Act, which requires Government agencies to provide the
public the option of submitting information or transacting business
electronically to the maximum extent possible.
[[Page 22124]]
Executive Order 12630
This rule does not contain policies that have takings implications.
Executive Order 13132
This rule does not contain policies having federalism implications
requiring preparation of Federalism Impact Statement.
Authority:
Title III of the Deficit Reduction Act of 2005, Pub. L. 109-171,
120 Stat. 4, 21 (Feb.8, 2005).
Dated: April 18, 2008.
Meredith Attwell Baker,
Acting Assistant Secretary for Communications and Information.
APPENDIX A
INITIAL REGULATORY FLEXIBILITY ANALYSIS
As required by the Regulatory Flexibility Act (RFA) of 1989, as
amended, NTIA has prepared an Initial Regulatory Flexibility
Analysis (IRFA) addressing the economic impact on small entities
that might result from this Notice of Proposed Rulemaking (NPRM).
NTIA requests written public comments on this IRFA. Comments must be
identified as responses to the IRFA and must be filed by the
deadlines for comments on the Notice provided above. NTIA will
consider all timely comments in drafting our final Regulatory
Flexibility Analysis and in making its decision on a final rule.
NTIA will send a copy of the Notice, including this IRFA, to the
Chief Counsel for Advocacy of the Small Business Administration.
This analysis addresses six issues: (1) a description of the
reasons why action by NTIA is being considered; (2) the proposed
rule's objectives and legal basis; (3) a description of and, where
feasible, an estimate of the number and types of small entities
affected by the proposed rule; (4) a description of the projected
reporting, record-keeping and other compliance requirements of the
proposed rule, including an estimate of the classes of small
entities which will be subject to the requirement; and (5) the
relevant rules that could duplicate, overlap, or conflict with the
proposed rule. The following sections provide details on each of
these issues.
A. Need for, Objectives of, the Proposed Rule
This proposed waiver to NTIA's TV Converter Box Coupon
Programregulations will permit individuals residing in nursing homes
to be eligible to receive coupons for the purchase of digital-to-
analog converter boxes. The proposed rule also permits households
utilizing a post office box for mail receipt to provide proof of
physical residence, so that they can become eligible to apply for
and receive coupons.
B. Legal Basis
The legal basis for any action taken pursuant to this proposed
rule is contained in the Digital Television Transition and Public
Safety Act of 2005 (the Act).\11\ Specifically, section 3005 of the
Act directs NTIA to implement and administer a program through which
eligible U.S. households may obtain a maximum of two coupons, $40
each, to be applied towards the purchase of a digital-to-analog
converter box.
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\11\ Title III of Pub. L. No. 109-171, 120 Stat. 4, 21 (2006).
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C. Description and Estimate of the Number of Small Entities to
Which the Proposed Rules May Apply
The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules.\12\ The RFA generally defines the
term ``small entity'' to include ``small business,'' ``small
organization,'' or ``small governmental jurisdiction.''\13\
According to the Small Business Administration (SBA), Nursing Care
Facilities and Continuing Care Retirement Communities must have
receipts of $12.5 million or less in order to qualify as a small
business concern.\14\ SBA provided, however, that Homes for the
Elderly and Other Residential Care Facilities must have receipts of
$6.5 million or less to qualify as a small business concern.\15\
NTIA does not have data on the number of these facilities that would
qualify as a small business concern. NTIA also does not have data on
the number of residents of these small businesses that would take
advantage of the Coupon Program.
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\12\ 5 U.S.C. Sec. 603(b)(3), 604(a)(3).
\13\ 5 U.S.C. Sec. 601(6).
\14\ 13 CFR Sec. 121.201
\15\ 13 CFR Sec. 121.201
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D. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements
There are no projected reporting, recordkeeping or other
compliance requirements associated with this proposed rule. Nursing
facility administrators should be aware, however, that NTIA intends
to audit periodically the use of coupons obtained to ensure that the
coupon was used to provide a converter box for the resident's
personal use.
E. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The proposed rule has no significant economic impact on small
entities. Participation in this program is voluntary, thus any
economic impact would not be caused by the proposed rule as small
entities are not required to participate in the program. NTIA also
notes that this program may not be attractive to many nursing care
facilities or homes for the elderly, small or otherwise, because
residents may receive television service through one of the
multichannel video programming distributors, such as cable or
satellite service. In fact, nursing care facilities or homes for the
elderly are only implicated in this program if an administrator
chooses to apply for a coupon on behalf of a resident. Although it
would take an approximately 30 minutes to submit the application on
the resident's behalf, there is no indication that this time
commitment would a significant economic impact to nursing care
facilities or homes for the elderly that are considered ``small
entities.''
The proposed rule provides two alternatives to minimize any
economic impact on nursing care facilities or homes for the elderly.
Nursing home residents may apply for coupons directly, thereby
eliminating any cost or time by the nursing facility. Alternatively,
the proposed rule permits a person other than a nursing home
employee acting on behalf of the nursing home resident to apply for
the coupon. This option would also remove any cost or time on behalf
of a nursing care facility or home for the elderly.
It should be noted that an alternative currently exists which
permits seniors living in nursing homes to obtain converter boxes as
a result of the Coupon Program. Family members or friends of seniors
living in nursing homes may apply for coupons under the current
regulations and use those coupons to purchase converter boxes for
seniors living in nursing homes. Of course, the regulations only
permit households to apply for up to two coupons, and they will not
be permitted to apply for additional coupons beyond those permitted
under the regulations. This alternative, while available to some,
does not address those seniors living in nursing homes that do not
have family members or friends willing or able to apply for coupons.
NTIA also considered other options to ensure that nursing home
residents receive converter boxes. For example, NTIA considered
purchasing the boxes directly and distributing them to nursing home
residents. This option, however, would be administratively difficult
to implement. NTIA has also approached industry regarding providing
assistance to vulnerable groups that may need converter boxes. NTIA
will continue reaching out to industry in this regard; however, this
approach does not provide certainty that seniors living in nursing
homes will receive converter boxes prior to the transition.
F. Federal Rules That May Duplicate, Overlap, or Conflict With
the Proposed Rules
NTIA is not aware of any federal rules that may duplicate,
overlap or conflict with the proposed rule.
The preceding analysis indicates that the expected burden on
small entities to implement the proposed rule would be minimal.
[FR Doc. E8-8869 Filed 4-23-08; 8:45 am]
BILLING CODE 3510-60-S