[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Rules and Regulations]
[Pages 59100-59101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24048]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
47 CFR Part 301
[Docket No. 100910444-0444-01]
RIN 0660-AA23
Removal of Regulations That Implement and Administer a Coupon
Program for Digital-to-Analog Converter Boxes
AGENCY: National Telecommunications and Information Administration,
U.S. Department of Commerce.
ACTION: Final rule.
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SUMMARY: The National Telecommunications and Information Administration
(NTIA) issues this final rule to remove its regulations to implement
and administer the Digital-to-Analog Converter Box Program (Coupon
Program). The regulations implemented provisions of section 3005 of the
Digital Television Transition and Public Safety Act of 2005, as
subsequently amended. The final coupons were issued on August 12, 2009,
and expired on November 9, 2009. NTIA is removing its regulations
because the Coupon Program is closed and the regulations are now
obsolete.
DATES: This rule becomes effective on November 9, 2010.
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 electronic mail: [email protected].
I. Background Information
The Digital Television Transition and Public Safety Act of 2005
(the Act), Public Law 109-171, as amended by the DTV Delay Act, Public
Law 111-4, directed the Federal Communications Commission (FCC) to
require full-power television stations to cease analog broadcasting and
to broadcast solely digital transmissions after June 12, 2009.\1\ The
returned analog television spectrum was auctioned and proceeds were
deposited into the Digital Television Transition and Public Safety Fund
(the Fund).\2\
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\1\ See Title III of the Deficit Reduction Act of 2005, Public
Law 109-171, 120 Stat. 4, 21 (Feb. 8, 2006), amended by the DTV
Delay Act, Public Law 111-4, 123 Stat. 112 (Feb. 11, 2009).
\2\ Act at Sec. 3004, 120 Stat. at 22.
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Section 3005 of the Act authorized NTIA to establish and implement
the Coupon Program and provided that eligible U.S. households could
obtain a maximum of two coupons of $40 each to apply toward the
purchase of Coupon-Eligible Converter Boxes (CECB).\3\ Accordingly, on
March 15, 2007, NTIA issued a final rule entitled, ``Rules to Implement
and Administer a Coupon Program for Digital-to-Analog Converter
Boxes.'' \4\ The purpose of the program was to provide consumers who
wished to continue receiving over-the-air broadcast programming on
their analog-only televisions $40 coupons to offset the cost of
digital-to-analog converter boxes. Consumers had the option to apply by
mail, over the phone, via fax, or online. Consumers had 90 days to
redeem their $40 coupon(s) at participating retailers.\5\ The converter
boxes were manufactured according to NTIA minimum technical
specifications based on ATSC Guidelines A/74 and 47 CFR part 73.\6\
Retailers were required to provide NTIA with redemption information and
payment receipts related to coupons used in the purchase of CECBs,
specifically tracking each serialized coupon by number with a
corresponding CECB purchase. Participating retailers also were required
to accept coupons for, and receive payment resulting from, only
authorized purchases made for CECBs.\7\ The regulations required
retailers to maintain sales records for one year following the sales
transaction date for auditing purposes.\8\
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\3\ Act at Sec. 3005, 120 Stat. at 23.
\4\ 72 FR 12,097 (Mar. 15, 2007). The regulations were codified
at 47 CFR part 301.
\5\ 47 CFR 301.4(e).
\6\ 72 FR 12,118-12,121 (Mar. 15, 2007).
\7\ 47 CFR 301.6(b)(2)(E)-(F).
\8\ 47 CFR 301.6(a)(5).
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NTIA subsequently amended its regulations to waive the ``eligible
household'' requirements in the regulations for individuals residing in
nursing homes, intermediate care facilities, and assisted living
facilities.\9\ NTIA also amended its regulations to permit otherwise
eligible households to utilize post office boxes in applying for and
receiving coupons.\10\
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\9\ 47 CFR 301.7.
\10\ 47 CFR 301.3(a)(2); see also 73 FR 54,325, 54,333 (Sept.
19, 2008).
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On March 31, 2009, NTIA amended the regulations to conform to the
DTV Delay Act, which extended the deadline for the digital conversion
and the coupon application period for an additional four months.\11\
The amended regulations also permitted households to request
replacement coupons, and gave NTIA flexibility in the manner in which
it distributed coupons.\12\
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\11\ 74 FR 10,686 (March 12, 2009).
\12\ 47 CFR 301.3(e).
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II. Removal of the Regulations To Implement and Administer a Coupon
Program for Digital-to-Analog Converter Boxes
Section 3005 of the Act required NTIA to issue coupons through July
31, 2009, and administer the program until the last coupon expired 90
days from issuance. The final coupons were issued on August 12, 2009,
and expired on November 9, 2009. Retailers are required to maintain
sales records for one year following the sales transaction date, which
would be November 8, 2010. NTIA is removing its regulations because the
statute no longer obligates NTIA to implement and administer the
program, and after November 8, 2010, the regulations are obsolete.
Administrative Procedure Act
The Assistant Secretary for Communications and Information
Administration for NTIA finds good cause under the Administrative
Procedure Act, 5 U.S.C. 553(b)(B) to waive prior notice and opportunity
for public comment because it is unnecessary and contrary to the public
interest. This rulemaking would remove from the Code of Federal
Regulations those regulations that implement provisions of section 3005
of the Act, which authorized NTIA to establish and implement a coupon
program in which
[[Page 59101]]
eligible U.S. households could obtain a maximum of two coupons of $40
each to apply toward the purchase of CECBs. The agency is taking this
action because these regulations are obsolete after November 8, 2010.
The Act permitted consumers to request coupons from NTIA through July
31, 2009. The final coupons were issued on August 12, 2009, and the
last issued coupon expired on November 9, 2009. NTIA has fulfilled its
statutory mandate to administer the Coupon Program, and is removing the
regulations as they are unnecessary. 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.
Executive Order 12866
This rule has been determined to be not significant under Executive
Order 12866.
Executive Order 13132
This rule does not contain policies with federalism implications as
that term is defined in EO 13132.
Regulatory Flexibility Act
As prior notice and an opportunity for public comment are not
required under 5 U.S.C. 553 or any other law, the analytical
requirements of the Regulatory Flexibility Act are inapplicable. Thus,
no regulatory flexibility analysis is required and none has been
prepared.
Paperwork Reduction Act
This action contains no information collection requirements.
Therefore, clearance by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 is not required. The OMB collection
numbers 0660-0026 and 0660-0027 associated with the regulations are
discontinued effective November 9, 2010.
Lists of Subjects in 47 CFR Part 301
Antennas, Broadcasting, Cable television, Communications,
Communications equipment, Electronic products, Telecommunications,
Television.
PART 301--[REMOVED AND RESERVED]
0
For the reasons stated above, 47 CFR chapter III is amended by removing
and reserving part 301 pursuant to authority contained in Public Law
109-171, as amended by Public Law 111-4.
Dated: September 21, 2010.
Lawrence E. Strickling,
Assistant Secretary for Communications and Information Administration.
[FR Doc. 2010-24048 Filed 9-24-10; 8:45 am]
BILLING CODE 3510-60-P