Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations 54325 

1Title III of Pub. L. No. 109-171, 120 Stat. 4, 21 

(2006). 2 47 CFR Part 301. 

3Notice of Proposed Rulemaking and Request for 

Comment: The Household Eligibility and 

Application Process of the Coupon Program for 

Individuals Residing in Nursing Homes and 

Households that Utilize Post Office Boxes; Waiver, 

73 Fed. Reg. 22120 (April 24, 2008). 4See 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/ 

KneuerlSenateCommercel101707.htm. 

5OSCAR 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/05lInst.asp. 

6See generally, 42 CFR Part 403. 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

47 CFR Part 301 

[Docket Number: 080324461-81121-02] 

RIN 0660–AA17 

Household Eligibility and Application 

Process of the Coupon Program for 

Individuals Residing in Nursing 

Homes, Intermediate Care Facilities, 

Assisted Living Facilities and 

Households that Utilize Post Office 

Boxes 

AGENCY: National Telecommunications 

and Information Administration, 

Commerce. 

ACTION: Final rule. 

SUMMARY: In this document, the 

National Telecommunications and 

Information Administration (NTIA) 

adopts certain changes affecting section 

301.3 of its Digital-to-Analog Converter 

Box Coupon Program regulations. See 

47 CFR § 301.3. Specifically, NTIA 

waives the ‘‘eligible household’’ and 

application requirements in subsection 

301.3(a) and subsection 301.3(e), 

respectively, for individuals residing in 

nursing homes, intermediate care 

facilities, and assisted living facilities, 

subject to alternative application 

requirements specified herein. NTIA 

also amends paragraph 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. 

EFFECTIVE DATE: These regulations 

become effective October 20, 2008. 

ADDRESSES: A complete set of comments 

filed in response to the Notice of 

Proposed Rulemaking is available for 

public inspection at the Office of the 

Chief Counsel, National 

Telecommunications and Information 

Administration, 1401 Constitution 

Avenue, Room 4713, Washington, DC 

20230. The comments can also be 

viewed at http://www.ntia.doc.gov and 

at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Milton Brown at (202) 482–1816. 

SUPPLEMENTARY INFORMATION: 

I. Background 

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 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 that 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 final 

regulations on March 15, 2007.2

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 post office boxes for mail receipt. 

Because these applicants do not meet 

the current eligibility criteria under the 

Coupon Program regulations, these 

applications have been denied. On April 

24, 2008, NTIA published a Notice of 

Proposed Rulemaking (NPRM) and 

Request for Comment in the Federal 

Register that proposed to waive the 

‘‘eligible household’’ and application 

requirements in subsection 301.3(e) for 

individuals residing in nursing homes 

or other senior care facilities, subject to 

alternative application requirements.3

The NPRM also proposed to amend 

paragraph 301(a)(2) to permit an 

otherwise eligible household that 

utilizes a post office for mail receipt to 

apply for and receive coupons subject to 

providing satisfactory proof of a 

physical residence. 

II. Discussion 

A. 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, overthe-air television to a greater degree 

than other members of the public.4

Unfortunately, the current eligibility 

requirements of the program do not 

permit seniors living in nursing homes 

to avail themselves of the Coupon 

Program. In the NPRM, NTIA proposed 

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 

circumstances. In the NPRM, NTIA also 

sought public comments on the best 

way to distribute coupons to verifiable 

residents of nursing home facilities so 

that the Coupon Program could be 

administered effectively within its 

existing resources. Finally, NTIA sought 

comments on ways that the coupons 

could be distributed in a manner that 

minimizes waste, fraud and abuse. 

IDENTIFICATION OF NURSING HOMES OR

OTHER SENIOR CARE FACILITIES

The initial challenge presented in the 

proposed rule is identifying and 

defining what constitutes nursing 

homes or other senior care facilities. As 

NTIA recognized in the NPRM, the 

terms ‘‘nursing home’’ and ‘‘senior care 

facility’’ are 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, convalescent 

rest homes and long-term care facilities. 

In the NPRM, NTIA proposed to use a 

facility’s inclusion in the Online 

Survey, Certification and Reporting 

(OSCAR) database which is maintained 

by the U.S. Department of Health and 

Human Services (HHS) Center for 

Medicare and Medicaid Services (CMS) 

in cooperation with the state long-term 

care surveying agencies, as a basis for 

identifying facilities that would be 

recognized by the Coupon Program.5

Such databases determine 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.6 However, recognizing 

that not all nursing homes in the United 

States are included within the OSCAR 

database, NTIA sought comments on 

ways to ensure that all appropriate 

facilities not otherwise in the OSCAR 

database are identified and included in 

the proposed waiver standards. 

The comments submitted in response 

to the NPRM revealed that there is no 


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54326 Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations 

7See American Health Care Association and the 

National Center for Assisted Living (AHCA/NCAL) 

Comments at 2. 

8See Metropolitan Area Communications 

Commission (MACC) Comments at 1. 

9See Puerto Rico Telecommunications Board 

(Puerto Rico) Comments at 4. 

10See Office of the D.C. Long-Term Care 

Ombudsman Program (D.C. Ombudsman) 

Comments at 1. 

11See Texas Long-Term Care Ombudsman 

Program, Texas Department of Aging and Disability 

Services (TX Ombudsman) Comments at 1; Ohio 

State Long-Term Care Ombudsman (OH 

Ombudsman) Comments at 1; D.C. Ombudsman 

Comments at 1; Advocacy Group for Elders Council 

at the Senior Source (Senior Source) Comments at 

1. 

12See National Citizen’s Coalition for Nursing 

Home Reform (NCCNHR) Comments at 3-4. 

13See Adult Home Advocacy Project of MFY 

Legal Services (AHAP) Comments at 3-4 (citing the 

National Nursing Home Survey 2008, Table 1, 

available at http://www.cdc.gov/nchs/data/nnhsd/ 

Estimates/ 

EstimateslDemographicslTables.pdf#Table01. 

14See University of Texas Houston Health 

Science Center, Center for Aging (Houston Center 

for Aging) Comments at 1. 

15See AHAP Comments at 2; see also 18 N.Y. 

Comp. Codes R. & Regs. § 485.2(b). 

16See Comments of AHCA/NCAL at 2; see also 

www.ncal.org for a list of state assisted living/ 

residential care licensing agencies. 

17AHAP Comments at 5. 

18As recommended by AHAP, NTIA referred to 

the eligibility requirements and definitions for the 

U.S. Department of Housing and Urban 

Development’s (HUD) mortgage insurance program 

for nursing homes, intermediate care, board and 

care homes, and assisted-living facilities as 

provided in 12 U.S.C. § 1715 to craft its definitions 

for eligibility for the waiver. 

clear definition for what constitutes a 

nursing home; rather there are many 

types of residential facilities that serve 

the elderly. Some commenters suggested 

that NTIA expand the proposed waiver 

to include facilities other than nursing 

homes. For example, the American 

Health Care Association (AHCA) and 

the National Center for Assisted Living 

(NCAL) recommended that NTIA 

expand the definition of nursing homes 

to include assisted living and 

developmental disabilities facilities.7

On the other hand, the Metropolitan 

Area Communications Commission 

(MACC) suggested that the definition of 

nursing home include any residential 

care facility that serves three or more 

elderly residents in a group setting.8

Another commenter suggested that the 

term ‘‘eligible nursing home’’ should 

include ‘‘any asylum, institute, 

residence, lodging, annex, center, 

substitute home, house, mission or 

shelter devoted to the care of more than 

2 elderly people, for 24 hours a day, for 

profit or non-profit.’’9

Numerous commenters sought the 

expansion of the proposed waiver 

eligibility through the use of the term 

‘‘long-term care facility’’ as opposed to 

‘‘nursing home.’’10 The term ‘‘long-term 

care facility,’’ as proposed by these 

commenters, would expand the 

eligibility of the proposed waiver 

request beyond nursing homes that care 

for the elderly. For example, some 

commenters’ proposed definition of 

long-term facility could expand 

eligibility to include group homes, 

intermediate care facilities, schools, 

hospitals, and other institutional 

settings.11 Moreover, commenters such 

as the National Citizen’s Coalition for 

Nursing Home Reform, argue that age 

should not be an artificial barrier that 

would prevent some vulnerable adults 

and youths from having access to this 

benefit.12 The Adult Home Advocacy 

Project (AHAP), citing a National 

Nursing Home Survey, stated that 

approximately 12 percent of nursing 

home residents are under 65 years of 

age.13

Some commenters focused on 

licensing by a state agency as a 

threshold for defining nursing homes for 

purposes of this action. For example, 

the University of Texas Houston Health 

Science Center, Center for Aging, stated 

that NTIA should define nursing home 

as any licensed facility that is in good 

standing with the state in which it 

operates.14 Likewise, the AHAP stated 

that the waiver should include 

individuals residing in all licensed 

facilities, including adult homes, which 

are defined under New York state law 

as ‘‘‘an adult care facility established 

and operated for the purpose of 

providing long-term residential care, 

room, board, housekeeping, personal 

care and supervision to five or more 

adults unrelated to the operator.’’’15

AHCA/NCAL recommended that if 

NTIA wanted a more comprehensive 

way of identifying and verifying care 

facilities, it should contact state assisted 

living residential care licensing agencies 

which are listed on NCAL’s Assisted 

Living State Regulatory Review 2008.16

AHAP further suggested that NTIA 

refer to the eligibility requirements and 

definitions for the U.S. Department of 

Housing and Urban Development’s 

(HUD) mortgage insurance program for 

nursing homes, intermediate care, board 

and care homes, and assisted-living 

facilities as provided in 12 U.S.C. 

§ 1715.17 HUD’s regulations provide 

definitions for nursing homes, 

intermediate care facilities, board and 

home care facilities, and assisted living 

facilities. AHAP’s recommendation was 

useful to NTIA in defining the eligibility 

criteria for the waiver. 

NTIA agrees with commenters that 

the proposed waiver should be 

expanded to include facilities other than 

nursing homes. As noted in the NPRM, 

there are many facilities that care for 

elderly residents that may be considered 

‘‘nursing homes’’ in the generic sense. 

While NTIA agrees that the residents of 

some of these facilities suggested by 

commenters, should be eligible for the 

waiver, commenters failed to define the 

scope of the facilities. For example, 

NTIA agrees with AHCA/NCAL that the 

waiver should be available to residents 

of assisted living facilities and 

developmental disabilities facilities who 

cannot currently obtain coupons under 

the current regulations. AHCA/NCAL, 

however, did not provide a definition of 

‘‘assisted living facilities’’ or 

‘‘developmental disabilities facilities.’’ 

Both of those terms could encompass 

many different types of facilities which 

may not be responsive to the purpose of 

this waiver. A similar problem exists for 

those commenters that suggested that 

NTIA simply make the waiver available 

to residents of ‘‘long term care 

facilities.’’ 

Likewise, MACC’s comment that 

NTIA should recognize any residential 

care facility that serves three or more 

elderly residents in a group setting 

failed to provide an adequate rationale 

for adoption for a standard to be used 

by the Program. Finally, NTIA disagrees 

with the comment from the Puerto Rico 

Telecommunications Board that 

‘‘eligible nursing home should include 

’any asylum, institute, residence, 

lodging, annex, center, substitute home, 

house, mission or shelter devoted to the 

care of more than 2 elderly people for 

24 hours a day, for profit or non-profit.’’ 

These terms provide no certainty for the 

Program to determine the scope of 

eligibility, or the function of these 

facilities. 

Clear guidelines are necessary so that 

NTIA can effectively respond to a 

request for waiver. NTIA’s intent is to 

ensure that individuals seeking a 

waiver, are indeed permanent residents 

of appropriate facilities. Accordingly, 

NTIA will make the waiver of eligibility 

under the Coupon Program only 

available to residents of nursing homes, 

intermediate care facilities, and assisted 

living facilities (collectively referred to 

hereafter as ‘‘facilities’’) as defined 

herein.18 Intermediate care and assisted 

living facilities were added to the scope 

of eligibility because these facilities, as 

defined herein, provide many of these 

services for the elderly that are 

associated with nursing homes. NTIA 

also notes that these facilities 

encompass many of the facilities 

described by the commenters and may 


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Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations 54327 

19The 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. 

20See Tiffany Smith Comments at 1; D.C. 

Ombudsman Comments at 2; MACC Comments at 

2; AHCA/NCAL Comments at 3; National 

Association of Telecommunications Officers and 

Advisors (NATOA) Comments at 4; State of New 

York Consumer Protection Board (NY CPB) 

Comments at 2; AARP Comments at 5; Senior 

Source Comments at 1; City of Seattle Comments at 

2; NCCNHR Comments at 2. 

21See NATOA Comments at 4; City of Seattle 

Comments at 2. 

22See AHCA/NCAL Comments at 2. 

23See Houston Center for Aging Comments at 1. 

include residents who vary in age and 

needs. 

Accordingly, NTIA will make the 

waiver of eligibility available to 

residents of nursing homes which are 

defined as ‘‘a public facility, proprietary 

facility or facility of a private nonprofit 

corporation or association, licensed by 

the State for the accommodation of 

convalescents or other persons who are 

not acutely ill and not in need of 

hospital care but who require skilled 

nursing care and related medical 

services, in which such nursing care 

and medical services are prescribed by, 

or are performed under the general 

direction of, persons licensed to provide 

such care or services in accordance with 

the laws of the State where the facility 

is located.’’ The waiver will also be 

available to residents of intermediate 

care facilities defined as ‘‘a proprietary 

facility or facility of a private nonprofit 

corporation or association licensed by 

the State for the accommodation of 

persons who, because of incapacitating 

infirmities, require minimum but 

continuous care but are not in need of 

continuous medical or nursing 

services.’’ Finally, NTIA will make the 

waiver available to residents of an 

assisted living facility defined as ‘‘a 

public facility, proprietary facility, or 

facility of a private nonprofit 

corporation that: is licensed by the State 

and makes available to residents 

supportive services to assist the 

residents in carrying out activities of 

daily living, such as bathing, dressing, 

eating, getting in and out of bed or 

chairs, walking, going outdoors, using 

the toilet, laundry, home management, 

preparing meals, shopping for personal 

items, obtaining and taking medication, 

managing money, using the telephone, 

or performing light or heavy housework, 

and which may make available to 

residents home health care services, 

such as nursing and therapy; and 

provides separate dwelling units for 

residents, each of which may contain a 

full kitchen and bathroom, and which 

includes common rooms and other 

facilities appropriate for the provision of 

supportive services to the residents of 

the facility.’’ 

Each facility described above must be 

licensed by a State. We agree with those 

commenters that focused on licensing 

by a state agency as a threshold for 

defining eligibility for the purpose of 

this waiver. Licensure of the facilities 

requires that they meet standards in 

service and care, that they are legitimate 

and verifiable operations, and are held 

to a higher standard as a long-term care 

facility. Licensure also ensures that 

facilities have passed state scrutiny, 

reducing the risk of fraud in 

applications for coupons. Moreover, 

licensing enables NTIA to verify that a 

facility is in fact one that caters to 

individuals that the program is 

attempting to reach. 

ADMINISTRATION OF COUPON PROGRAM FOR

RESIDENTS

Another challenge recognized in the 

NPRM is the application process for 

coupons by facility home residents. 

NTIA recognized that residents may 

need assistance in the application 

process to receive coupons. Therefore, 

NTIA proposed to allow residents to 

apply for a coupon, or an administrator 

of a nursing home facility or other 

persons designated to act on behalf of a 

nursing home resident. 

To mitigate risks associated with the 

lack of readily available information to 

authenticate requests from or on behalf 

of nursing home residents, NTIA 

proposed an exception to our existing 

coupon eligibility and application 

requirements that would enable 

residents of eligible nursing homes, as 

defined herein, to apply for and receive 

coupons subject to certain additional 

information requirements not otherwise 

applicable to eligible households. 

Specifically, NTIA proposed to permit 

coupon applications to be submitted by, 

or on behalf of, a resident of an eligible 

nursing home using one of three 

methods, provided that only one 

application may be submitted for any 

individual. 

INDIVIDUAL

NTIA proposed to permit an 

individual residing in an eligible 

nursing home (nursing home resident) 

to apply for one (1) coupon on his or her 

own behalf. In such circumstances, 

NTIA proposed that the coupon 

applicant 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 the 

NPRM, NTIA noted that in accordance 

with the Privacy Act of 1974, disclosure 

of an individual’s SSN for purposes of 

this waiver process would be voluntary; 

however, additional information to 

verify the resident’s identity will be 

solicited if the individual chooses not to 

disclose the SSN.19 NTIA noted, 

however, that such additional process 

may delay the resident’s receipt of a 

coupon. 

A majority of commenters opposed 

the collection of a nursing home 

resident’s SSN and date of birth.20

These commenters argued that the 

collection of this information violates a 

nursing home resident’s privacy and 

could lead to identity theft or fraud. 

Other commenters argued that this 

requirement should not be imposed on 

nursing home residents if it is not 

imposed on other coupon program 

applicants.21 AHCA/NCAL argued that 

because the potential for fraud in this 

program is very low, NTIA should take 

the applicant’s word on the application 

form, just as the agency takes the 

information of persons living in 

individual homes at face value.22 One 

commenter agreed that NTIA should be 

allowed to collect SSNs and birthdates 

of nursing home residents, as well as the 

people applying on their behalf, but 

proper precautions should be in place to 

protect against identity theft.23

However, after careful consideration 

has been given to all of the arguments 

raised in the comments, NTIA has 

decided not to require facility residents 

to provide SSNs as part of the 

application process. NTIA’s concern, 

when it initially proposed to require 

SSNs, was to reduce opportunities for 

fraud, waste and abuse in the program. 

NTIA believes that there are legitimate 

concerns regarding privacy and identity 

theft, which outweigh the potential for 

fraud in the program, and thus has 

determined that it is not necessary to 

collect this information. Likewise, NTIA 

will not require facility residents to 

provide their date of birth as part of the 

application process. All other 

provisions published in the proposed 

rule are adopted without change. 

PERSON DESIGNATED TO ACT ON A

RESIDENT’S BEHALF

As stated above, NTIA recognizes that 

nursing home residents may need 

assistance in the application process to 

receive coupons. Therefore, NTIA 

proposed to permit a person designated 

to act on behalf of a nursing home 

resident (the designee) to request one (1) 


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54328 Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations 

24See Senior Source Comments at 1. 25See D.C. Ombudsman Comments at 2; NATOA 

Comments at 5 (requirements for third-parties filing 

on behalf of residents could have chilling effect on 

the willingness of parties to assist residents in 

submitting applications). 

26See AHCA/NCAL Comments at 3; Comments of 

AARP at 6. 

27See Texas Ombudsman Comments at 2 (The 

application should include an additional line 

stating: ‘‘I am completing this application for a 

resident in a long-term care facility.’’) 

28See AHCA/NCAL Comments at 3; ACTS 

Retirement-Life Communities (ACTS) Comments at 

1; Wesley Manor Inc. Comments at 1. 

29See Stephen Eggles Comments at 1. 

30See D.C. Ombudsman Comments at 2. 

31See Bridget Samuel Comments at 2; City of 

Seattle Comments at 2. 

32See Houston Center for Aging Comments at 1. 33See City of Seattle Comments at 2. 

coupon for that resident. In that case, 

NTIA proposed that the designee be 

required to provide all of the 

information required of the nursing 

home resident. In addition, NTIA 

propose that the designee supply: (i) his 

own name, address, SSN, and date of 

birth; and (ii) evidence that he is 

empowered to act on behalf of the 

resident (e.g., power of attorney or birth 

certificate indicating familial 

relationship). 

Commenters opposed the proposed 

requirement that third parties acting on 

a nursing home resident’s behalf should 

provide SSNs and date of birth. For 

example, the Advocacy Group for Elders 

Council at the Senior Source argued that 

legally authorized representatives 

should not have to provide more 

information than their name and 

address to request coupons on behalf of 

a nursing home resident.24 Some 

commenters argued that such a 

requirement was not only onerous, but 

may well convince a third party to 

withdraw the offer of assistance.25 Other 

commenters complained that proof of 

power of attorney or proof of a familial 

relationship is also too burdensome.26

Still others recommended that a box on 

the application indicating the 

relationship of the filer to the applicant 

would be sufficient.27

NTIA recognizes that residents of 

these facilities will need assistance from 

family and friends and, therefore, it will 

not implement a procedure that may 

deter that assistance. Requiring family 

members and friends to provide 

personal information may have the 

unintended consequence of deterring 

them from assisting residents in filling 

out an application and procuring a 

converter box. NTIA will permit family 

members and friends of the residents of 

the eligible facilities to apply on behalf 

of those residents, but it will not collect 

any personal information about the 

family member or friend. The family 

member or friend will only have to 

provide information as it relates to the 

resident. In other words, the family 

member or friend would provide the 

same information on an application that 

the resident would provide. All other 

requirements published in the proposed 

rule are adopted without change. 

ADMINISTRATOR OF A NURSING HOME OR

OTHER SENIOR CARE FACILITY

NTIA also proposed in the NPRM that 

an administrator of an eligible nursing 

home may request one (1) coupon on 

behalf of a nursing home resident of the 

facility. As with the designee, 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, NTIA proposed that the 

administrator be required to provide: (i) 

the name and address of the residents’ 

eligible nursing home; (ii) the 

administrator’s own name, SSN, 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. 

Many commenters disagreed with the 

proposed requirements on 

administrators of nursing homes that 

would submit applications on behalf of 

nursing home residents. With respect to 

a copy of a facility’s operating license, 

commenters argue that such a 

requirement would be onerous, and 

takes time away from providing care to 

nursing home residents.28 Other 

commenters opposed NTIA’s proposal 

to request the administrator’s SSN.29

The Office of the D.C. Long-Term Care 

Ombudsman Program, Legal Counsel to 

the Elderly, however, argued that 

requiring an administrator to produce 

an operating license would be sufficient, 

but requiring the submission of a SSN 

in addition to the license would be 

overly burdensome.30

Some commenters suggested that 

NTIA permit administrators or local 

coalition of senior care provider 

agencies to submit batch applications to 

NTIA for coupons on behalf of seniors 

that the coalition represents and that the 

coupons should be returned to the 

administrator or coalition rather than 

the individual seniors.31 Another 

commenter suggested that if a facility 

administrator is given the right to 

request coupons on behalf of residents, 

others should be able to submit 

applications as well including social 

workers, long-term ombudsmen, and 

other medical staff who work at the 

facility.32

Based on the comments submitted, 

NTIA decided that it will permit 

administrators of long-term care 

facilities to apply on behalf of its 

residents, but it will not collect any 

personal information about the 

administrator. NTIA agrees with the 

commenters that there are legitimate 

concerns regarding privacy, identity 

theft and application burdens, which 

outweigh the potential for fraud in the 

program. The administrator will only 

have to provide information as it relates 

to the long-term care resident. In other 

words, the administrator would provide 

the same information on an application 

that the resident would provide. 

Moreover, NTIA will not require the 

administrator to provide a copy of the 

facility’s operating license indicating 

the administrator’s authorization to 

administer the facility as part of the 

application process. All other 

requirements published in the proposed 

rule are adopted without change. 

APPLICABILITY OF OTHER PROVISIONS OF

THE COUPON PROGRAM RULE

Consistent with section 301.4(d) of 

the Coupon Program rules, NTIA 

proposed 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 proposed to mail the coupon 

directly to the requesting administrator 

at the address provided for the facility 

in the application. Because of NTIA’s 

decision not to collect any personal 

information from an administrator, 

family member or friend that assists a 

resident in applying for a coupon, NTIA 

will mail the coupon directly to the 

nursing home resident at the address 

provided on the application. In any 

case, NTIA will only mail one (1) 

coupon in response to a successful 

waiver application. 

NTIA also proposed 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. Moreover, CECBs 

purchased with coupons issued under 

this process may not be connected to 

television sets owned by the nursing 

home or senior care facility. One 

commenter recommended that the 

coupon program permit reimbursement 

for common area televisions because in 

many cases, these televisions are the 

only sets available to residents of very 

limited means.33 NTIA was not 

persuaded by this comment. Televisions 

in common areas are more than likely 

owned by the facility, not the resident. 


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Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations 54329 

34The websites of the Office of the Inspector 

General of the U.S. Department of Health and 

Human Services contains many fraud alerts and 

advisory opinions detailing unfair practices targeted 

at residents of nursing homes and other long-term 

care facilities. See http://www.oig.hhs.gov/ 

fraud.html. 

35See e.g., Cal. Welfare and Institutions Code 

§ 14007.1 (Deering 2007); D.C. Code Ann. § 39-309 

(LexisNexis 2008); Ky. Rev. Stat. Ann. § 186.010 

(LexisNexis 2008); N.C. Gen. Stat. § 20-7 (2007). 36See Foster B. Lewis Comments at 1; 

Anonymous Comment from Orlando, Florida at 1. 

There is nothing in the record that 

indicates that businesses owning these 

facilities are vulnerable and in need of 

the assistance provided by the waiver. 

Therefore, coupons issued pursuant to 

this waiver may only be used to 

purchase converter boxes to be 

connected to a television set 

individually owned by a resident. 

Coupons are not to be used to purchase 

converter boxes for television sets 

owned by nursing homes, intermediate 

care facilities or assisted living facilities. 

Finally, the NPRM made it clear that 

the Coupon Program would not 

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. There were no 

comments submitted in response to that 

proposal. Therefore, NTIA will not, as 

part of this waiver, reimburse 

individuals, family members, nursing 

home administrators or others who may 

be designated to act on behalf of 

residents for costs incurred in obtaining 

coupons or providing other assistance 

related to applying for a coupon, or 

obtaining and installing a converter box. 

Notwithstanding the proposals 

adopted as part of this waiver process, 

all other provisions of the Coupon 

Program regulations apply to nursing 

home residents. 

WASTE, FRAUD AND ABUSE

NTIA is aware that residents of 

nursing homes, intermediate care and 

assisted living facilities constitute a 

vulnerable community in the United 

States.34 In adopting this waiver, NTIA 

recognizes that it must be aware of the 

opportunities for fraud that this waiver 

may present. Vigilant methods to 

prevent and detect fraudulent coupon 

requests are a critical part of the coupon 

application process. Under the current 

application process, each household 

application for coupons is verified 

against certified U.S. Postal Service 

software to assure that the household is 

an authentic address, which is 

compared against a database of names 

and addresses of households who have 

already received coupons to prevent 

duplication. 

In the NPRM, NTIA recognized the 

administrative challenges of providing 

coupons to residents of nursing homes. 

Accordingly, we requested information 

on ways that the agency could confirm 

that an individual making a coupon 

request actually resides in a nursing 

home. There were no comments 

submitted and NTIA is not aware of any 

databases of names that can be used to 

verify that an applicant is in fact a 

resident of a nursing home. Thus, there 

is no readily available method to verify 

whether the applications submitted 

under this waiver are indeed those of 

nursing home residents. For these 

reasons, NTIA will be vigilant of 

applicants filed under this waiver and 

will deny those applications that do not 

fall within the limitations of this waiver 

or appear to be fraudulent. NTIA will 

also immediately report all suspicious 

behavior to the appropriate authorities. 

III. Applicants Utilizing Post Office 

Boxes for Mail Receipt 

In this Final Rule, NTIA also revisits 

the Coupon Program regulations 

regarding the use of post office boxes for 

the receipt of coupons. The current 

Coupon Program regulations required 

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. NTIA 

has learned from consumer complaints 

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 at a post office box. As a 

consequence, NTIA believes it was 

appropriate to revisit the regulations 

concerning the treatment of applications 

using post office boxes. 

In the NPRM, NTIA proposed to 

amend subsection 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. NTIA 

believes that requiring proof of physical 

residence will balance the need for 

preventive controls to protect the 

Coupon 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 analogonly televisions. 

Specifically, NTIA proposed 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 

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 proposed to only use this 

information for identification, 

verification and tracking purposes for 

the Coupon Program. This information 

would be collected and maintained in a 

manner meeting the appropriate level of 

security required for personally 

identifiable information. Similar 

information is routinely collected by 

governmental agencies to verify 

residency.35

NTIA requested comments on other 

methods by which it could verify the 

physical address of an applicant who 

utilizes a post office box for mail 

receipt. NTIA also sought information 

about and estimates of the number of 

consumers with post office boxes that 

would apply for coupons if the 

proposed rule is implemented. The 

majority of commenters supported 

NTIA’s proposal to permit a household 

utilizing a post office box for mail 

receipt to become eligible to apply for 

and receive coupons. Commenters cited 

privacy concerns, security reasons and 

potential identity theft as reasons for 

choosing to receive mail via post office 

boxes.36

NATOA argued that because NTIA 

has already adopted regulations that 

permit post office box use by those who 

live on Indian reservations, Alaskan 

Native Villages, and other rural areas, 

similar regulations should be adopted 

for others who use post office boxes. 

Thus, NATOA concludes that the 

proposed proof of residence 

requirement is an unnecessary hurdle to 

consumers who opt to make use of post 

office delivery. Another commenter 

suggested a cross-reference of 

applications to find matching or 

substantially similar physical address 

and post office boxes. 


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54330 Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations 

38Hurricane 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). 

39 Id. 40Stephen Eggles Comments at 1. 

41Tiffany Smith Comments at 1. 

42MACC Comments at 2. 

43AARP Comments at 5. 

44Senior Source Comments at 1; The City of 

Seattle Comments at 2; NATOA Comments at 4; 

AARP Comments at 5; AHCA/NCAL Comments at 

3. 

45NATOA Comments at 4; AARP Comments at 5; 

AHCA/NCAL Comments at 3. 

46Houston Center for Aging Comments at 1. 

47NCCNHR Comments at 2; NY CPB Comments 

at 2. 

48NY CPB Comments of at 2. 

49National Association of Broadcasters (NAB) 

Comments at 11. 

50 Id. 

51AARP Comments at 6. 

52Bridget Samuel Comments at 1. 

Upon careful consideration of the 

arguments raised in the comments, 

NTIA has decided to modify some of the 

requirements for Coupon Program 

applicants that utilize post office boxes 

for mail delivery. NTIA agrees with 

NATOA that because regulations are 

already in place for some groups that 

receive mail via post office boxes, 

similar regulations should also be 

adopted for others who use post office 

boxes. Applicants using post office 

boxes instead of home delivery will not 

be required to provide documentation to 

show proof of a physical residence. 

However, such applicants will be 

required to provide an actual physical 

address location along with their post 

office box number as part of the 

application process to allow NTIA to 

verify the legitimacy of the address. 

WASTE, FRAUD AND ABUSE

NTIA remains concerned about waste, 

fraud, and abuse in the Coupon 

Program. As noted in the proposed rule, 

the Government Accountability Office 

(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.38 Specifically, GAO 

recommended that applicants should be 

required to provide their physical 

address.39 Consistent with GAO’s 

recommendation, the Coupon Program’s 

regulations retain the requirement that 

applicants be required to provide their 

physical residence in addition to their 

post office box number. Moreover, as 

recommended by GAO, the address of 

each applicant will be checked by 

NTIA’s contractor against a third-party 

database to assist in validating 

eligibility. 

Procedural Matters 

Paperwork Reduction Act 

Notwithstanding any other provision 

of 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 

Paperwork Reduction Act unless that 

collection displays a currently valid 

OMB Control Number. This document 

contains collection of information 

requirements subject to the Paperwork 

Reduction Act (PRA). The collection of 

information referenced in the preamble 

has been submitted to the Office of 

Management and Budget and the 

approval will be published in a separate 

Federal Register notice. 

In the NPRM, NTIA invited comment 

on providing additional information to 

identify residents in nursing homes. 

NTIA requested approval on three 

collection requirements including: (1) 

modified applications for individuals 

residing in nursing homes; (2) 

certifications from persons designated to 

act on behalf of the nursing home 

resident; and (3) certifications from the 

administrator of a nursing home or other 

senior care facility. In addition, NTIA 

invited comments on providing 

additional information to identify 

individuals utilizing post office boxes. 

NTIA requested approval on the 

collection requirement for individuals 

to product verification of the physical 

address. 

Specifically, comments were invited 

on (a) whether the collection of 

information is necessary for the proper 

performance of the functions for 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 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 of 

other forms of information technology. 

NTIA received a total of thirty-nine 

comments and one late response to the 

NPRM. NTIA received a total of 24 

comments (favorable and unfavorable) 

regarding information collection and 

recordkeeping requirements. 

Nursing Homes 

On the first PRA issue, whether the 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility, NTIA received thirteen 

(13) comments relating to the collection 

of personal information such as SSNs 

and birth dates. Most commenters who 

addressed this issue disagreed with the 

NTIA proposal to collect SSNs with the 

exception of the National Association of 

Broadcasters. Commenters argued that 

collecting the SSN was excessive,40 a 

violation of privacy,41 unnecessarily 

complicated and intrusive,42 and 

unfair.43 Several commenters argued 

that requiring the SSN for nursing home 

residents was discriminatory because 

other applicants were not required to 

provide such information.44

Commenters also argued that collecting 

SSNs and date of birth information 

would expose a ‘‘vulnerable 

community’’ to identity theft.45 One 

commenter stated that while collecting 

SSNs and date of birth information 

would be beneficial to prevent fraud 

some applicants may be reluctant to 

apply out of fear of identity theft.46

Other commenters argued that 

collecting SSNs and date of birth 

information would have a chilling effect 

on willingness to apply on behalf of 

themselves or others.47 Another 

commenter disagreed with the statement 

that SSNs are unique identifiers and 

suggested that NTIA at the very least 

consider using a portion of the SSN.48

NAB acknowledges that NTIA was 

taking measures to protect against the 

potential increased risk of waste, fraud 

or abuse.49 One commenter argued that 

the need of senior citizens to continue 

their valued television service was 

heavily outweighed by the potential 

increase of risk.50 One commenter 

argued that the rule exceeded 

congressional intent by requiring 

excessive personal information that 

would serve as a barrier to applying.51

One commenter suggested allowing 

third parties, such as senior service 

providers, to complete applications for 

seniors and/or nursing facilities. The 

commenter suggested that these 

providers visit facilities to determine 

which seniors need converters; file a 

batch application for each facility that 

would include the names of the seniors 

requiring coupons; receive coupons sent 

to the providers; and purchase and 

install the converter boxes.52

On the issue of collecting licensing 

information from each nursing home 

facility, one commenter argued that 


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53ACTS Comments at 1; AHCA/NCAL at 3. 

54The Good Samaritan Comments at 1. 

55AHCA/NCAL at 2; Texas Ombudsman 

Comments at 2; Ohio Ombudsman Comments at 2. 

56NCCNHR Comments at 2. 

57MACC Comments at 2. 

58AHCA/NCAL Comments at 3. 

59AARP Comments at 6. 

60NCCNHR Comments at 2. 

61Tiffany Smith Comments at 1; Buttonwood 

Hospital of Burlington County (Buttonwood) 

Comments at 1; Kathleen Cianci Comments at 1. 

62Bridget Samuels Comments at 1-2.; The City of 

Seattle Comments at 2. 

63Stephen Eggles Comments at 1. 

64NCCNHR Comments at 2; ACTS Comments at 

1. 

65Texas Ombudsman Comments at 1; Ohio 

Ombudsman Comments at 1; AHCA Comments at 

2-3; NCCNHR Comments at 2; AHAP at 6. 

66AARP Comments at 6. 

67NY Consumer Protection Board Comments at 3; 

National Association of Broadcasters Comments at 

2-3; Puerto Rico Telecommunications Regulatory 

Board Comments at 4. 

68Andrew Juchonowski Comments at 1; NATOA 

Comments at 5-6. 

69Andrew Juchonowski Comments at 1. 

70NY CPB Comments at 3; NAB Comments at 2- 

3; Puerto Rico Comments at 4. 

providing licensing information with 

each application was erroneous and 

unnecessary while another argued the 

requirement was overreaching.53 NTIA 

did not receive any comments on the 

second PRA issue, i.e., the accuracy of 

the agency’s estimate of burden 

including the validity of the 

methodology and assumptions used. 

NTIA received seven comments on 

ways to enhance quality, utility, and 

clarity of the information collected. One 

commenter agreed that NTIA should 

conduct audits to minimize fraud and 

abuse. Another commenter was 

concerned whether audits would 

account for converter boxes that were no 

longer at the facility due to residents 

moving or passing away.54 Other 

commenters argued that NTIA should 

modify the application to include: a 

question regarding the type of living 

arrangements in which the individual 

resides; a signature line for the nursing 

home administrator; and a line to fill in 

the name of the facility.55 One 

commenter argued that NTIA could 

verify information regarding eligible 

facilities by utilizing the OSCAR 

database, state licensing and 

certification agencies, accrediting 

organizations, and trade associations.56

On the fourth PRA issue, 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 of other forms of 

information technology, NTIA received 

twenty-one comments. Commenters 

agreed with NTIA that the application 

should be modified. However, several 

commenters argued that requiring the 

SSN and date of birth from the applicant 

or the person acting on behalf of the 

resident were unnecessarily 

complicated,57 burdensome,58 timeconsuming,59 and ‘‘places a 

substantially higher burden of proof for 

identifying and confirming the 

eligibility of long-term care residents 

and those individuals applying on 

behalf of seniors than for the general 

populations.’’60

Some commenters argued that NTIA 

should submit applications to nursing 

home administrators who would verify 

residency and coupon eligibility.61 Two 

commenters argued that NTIA should 

allow third parties to submit electronic 

batch applications on behalf of nursing 

home residents.62 On the other hand, 

some commenters argued that requiring 

administrators to collect and verify the 

eligibility of applicants was excessive63

and would unduly burden 

administrators.64

Several commenters argued that NTIA 

should utilize online databases and 

other resources to verify the applicant’s 

eligibility.65 One commenter argued that 

the onus is on NTIA to verify eligibility 

and should not be the obligation of the 

applicant to prove his or her 

qualifications.66

Post Office Boxes 

On the first PRA question, whether 

the collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information will have 

practical utility, commenters were 

divided on this issue. Some commenters 

agreed with NTIA’s proposed rule 

requiring proof of the physical 

address.67 One commenter argued that 

the proposed rule is unfair and 

discouraging.68

NTIA did not receive comments on 

the accuracy of the agency’s estimate of 

burden including the validity of the 

methodology and assumptions used. On 

the third PRA question, ways to 

enhance quality, utility, and clarity of 

the information collected, one 

commenter argued that NTIA should 

cross-reference the post office box 

number with one physical address to 

prevent duplication.69

On the fourth PRA question, 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, some 

commenters endorsed NTIA’s proposed 

rule and agreed that the requirement is 

not burdensome or erroneous.70

The comments to the NPRM and the 

analysis of the NPRM have resulted in 

changes or modifications from the 

proposed rule to the final rule. 

Accordingly, NTIA has modified certain 

aspects of the information collection 

and recordkeeping requirements. These 

modifications are discussed below: 

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 20 minutes per 

respondent. 

Respondents: Individuals residing in 

nursing homes, intermediate care 

facilities, and assisted living facilities or 

other individuals submitting this 

information on behalf of those residents 

Estimated Number of Respondents: 

420,000 

Estimated Number of Responses per 

Respondent: 1 

Estimated Total Annual Burden on 

Respondents: 20 minutes 

In the NPRM, NTIA proposed to 

request residents of nursing homes to 

submit his or her name, date of birth, 

and SSN, the name of the nursing home 

and a certification from the resident as 

to whether he or she receives television 

exclusively over the air or through 

cable, satellite or other pay television 

service. The NPRM also proposed that 

persons designated to act on nursing 

home resident’s behalf be required to 

provide all of the information required 

with respect to the resident, as well as 

his or her own name, address, SSN, date 

of birth, and evidence that he or she is 

empowered to act on behalf of the 

resident (e.g. power of attorney or birth 

certificate indicating familial 

relationship). Finally, the NPRM 

proposed that Administrators of nursing 

facilities be required to provide all of 

the information required with respect to 

the resident as well as the 

administrator’s own name, SSN, date of 

birth and a copy of each facility’s 

operating license indicating the 

administrator’s authorization to 

administer the nursing facility. 

As discussed in the preamble, the 

overwhelming number of commenters 

opposed the collection of a nursing 

home resident’s SSN and date of birth. 

Likewise, commenters opposed the 

collection of personal information from 

persons designated to act on behalf of 

the residents and nursing home 

administrators. As a result of the 

comments, NTIA will only seek 


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71 5 U.S.C. § 604. 

72 5 U.S.C. § 604(a)(3). 

73 5 U.S.C. § 601. 

74 13 CFR § 121.201. 

75 13 CFR § 121.201. 

information from the resident. The only 

information that will be required is the 

name, address of the facility, and a 

certification as to whether he or she 

receives television exclusively over the 

air or through cable, satellite or other 

pay television service. 

2.) Title: Applications for Households 

that Utilize Post Office Boxes for Mail 

Receipt 

Type of Request: New Collection 

In the NPRM, NTIA proposed to 

permit a household utilizing a post 

office box for mail receipt to become 

eligible to apply for and receive 

coupons if it could provide proof of 

physical residence. Specifically, NTIA 

proposed that an applicant that utilizes 

a post office box for mail receipt provide 

a copy of one or more of such 

documents as 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 submitted or a 

government-issued property tax bill for 

the applicant’s residence. As a result of 

comments received in the proceeding, 

NTIA decided not to impose this 

requirement on households that utilize 

Post Office boxes for mail receipt, but to 

permit these households to provide the 

same information that similarly situated 

applicants currently use. 

Executive Order 12866 

This 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 

not major under the Congressional 

Review Act, 5 U.S.C. § § 801 et seq. 

Regulatory Flexibility Act 

As required by the Regulatory 

Flexibility Act, an Initial Regulatory 

Flexibility Analysis (IRFA) was 

prepared and published in the NPRM. A 

copy of the IRFA was provided to the 

Chief Counsel for Advocacy of the Small 

Business Administration. Although 

NTIA specifically sought comment on 

the costs to small entities of complying 

with the Final Rule, no comments 

provided specific cost information. 

NTIA has carefully considered whether 

to certify that the Final Rule will not 

have a significant impact on a 

substantial number of small entities. 

NTIA continues to believe the Final 

Rule’s impact will not be substantial in 

the case of small entities. However, 

NTIA cannot quantify the impact the 

Final Rule will have on such entities. 

Therefore, in the interest of 

thoroughness, NTIA has prepared the 

following Final Regulatory Flexibility 

Analysis (RFA) with this Final Rule in 

Accordance with the Regulatory 

Flexibility Act.71

1. Succinct Statement of the Need for, 

and Objectives of the Rule: 

NTIA is issuing this Final Rule so that 

residents of nursing home facilities may 

apply for and receive a $40 coupon 

towards the purchase of a digital-toanalog converter box. Under current 

NTIA regulations, only U.S. households 

are eligible to receive coupons. 

Therefore, current regulations do not 

extend eligibility to residents of nursing 

home facilities. This rule allows seniors 

that reside in nursing home facilities 

and rely on free, over-the-air television, 

to apply for and receive coupons to 

purchase digital-to-analog converter 

boxes. The rule also permits an 

otherwise eligible household that 

utilizes a post office box for mail receipt 

to apply for and receive coupons. 

2. Summary of the Significant Issues 

Raised by the Public Comments in 

Response to the IRFA: Summary of the 

Assessment of the Agency of Such 

Issues; and Statement of Changes Made 

in the Rule as a Result of Such 

Comments: 

There were no comments raised in 

response to the IRFA. 

3. Description and Estimate of the 

Number of Small Entities to Which the 

Rule will Apply Or an Explanation of 

Why no Such Estimate is Available: 

The RFA requires agencies to provide 

a description and an estimate of the 

number of small entities to which the 

rule will apply or an explanation of why 

no such estimate is available.72 Under 

the RFA, the term ‘‘small entity’’ has the 

same meaning as the terms ‘‘small 

business,’’ ‘‘small organization’’ and 

‘‘small governmental jurisdiction.’’73 To 

the extent that this rule affects small 

businesses, it would affect nursing 

home facilities that are deemed to be 

small businesses. 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.74 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.75 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. 

D. Description of Projected Reporting, 

Recordkeeping and Other Compliance 

Requirements 

There are no projected reporting, 

recordkeeping or other compliance 

requirements associated with this rule. 

E. Steps Taken to Minimize 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered 

The rule has no significant economic 

impact on small entities. Participation 

in the program is voluntary, thus any 

economic impact would not be caused 

by the rule as small entities are not 

required to participate in the program. 

NTIA notes that many nursing home 

facilities, small or otherwise, may not 

participate in the program because 

residents may already receive television 

service through one of the multichannel 

video programming distributors, such as 

cable or satellite service. To the extent 

that small entities participate in the 

program, the impacts are estimated to be 

small. Long term care facilities are only 

impacted by this program to the extent 

that an administrator may choose to 

apply for a coupon on behalf of a 

resident. NTIA estimates that it would 

take approximately 20 minutes to 

submit this application on the resident’s 

behalf. There is no indication that this 

time commitment would result in 

significant economic impact to a 

nursing home facility. 

In any case, as a result of the 

comments received in this proceeding 

and the decisions made based on those 

comments, the actual burden on nursing 

home facilities has actually been 

reduced. In the NPRM, NTIA proposed 

to require administrators of nursing 

home facilities to provide the 

administrator’s own name, SSN, and 


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date of birth. Under the proposed rule, 

the administrator would also have to 

provide a copy of the facility’s operating 

license indicating the administrator’s 

authorization to administer the nursing 

home. As a result of the comments 

submitted in this proceeding, NTIA is 

only requesting that an administrator 

submitting an application on behalf of 

the resident to submit the same 

information that the resident would 

submit. In other words, the 

administrator would only have to 

submit the information that pertains to 

the resident requesting a coupon. This 

action has resulted in a reduced burden 

in terms of time and money for those 

administrators of facilities that happen 

to be small entities. 

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 to the 

public the option of submitting 

information or transacting business 

electronically to the maximum extent 

possible. 

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. 

Regulatory Text 

List of Subjects in 47 CFR Part 301 

■ For the reasons set forth in the 

preamble, NTIA amends title 47, Part 

301 as follows: 

PART 301—DIGITAL-TO-ANALOG 

CONVERTER BOX COUPON 

PROGRAM 

■ 1. The authority citation continues to 

read as follows: 

Authority: Title III of the Deficit Reduction 

Act of 2005, Pub. L. 109–171, 120 Stat. 4, 21 

(Feb. 8, 2005). 

■ 2. Paragraph 301.2 is amended by 

adding new definitions in alphabetical 

order to read as follows: 

§ 301.2 Definitions. 

* * * * * 

Assisted living facility means a public 

facility, proprietary facility, or facility of 

a private nonprofit corporation that: is 

licensed by the State and makes 

available to residents supportive 

services to assist the residents in 

carrying out activities of daily living, 

such as bathing, dressing, eating, getting 

in and out of bed or chairs, walking, 

going outdoors, using the toilet, 

laundry, home management, preparing 

meals, shopping for personal items, 

obtaining and taking medication, 

managing money, using the telephone, 

or performing light or heavy housework, 

and which may make available to 

residents home health care services, 

such as nursing and therapy; and 

provides separate dwelling units for 

residents, each of which may contain a 

full kitchen and bathroom, and which 

includes common rooms and other 

facilities appropriate for the provision of 

supportive services to the residents of 

the facility. 

* * * * * 

Intermediate care facility means a 

proprietary facility or facility of a 

private nonprofit corporation or 

association licensed by the State for the 

accommodation of persons who, 

because of incapacitating infirmities, 

require minimum but continuous care 

but are not in need of continuous 

medical or nursing services. 

Nursing Home means a public facility, 

proprietary facility or facility of a 

private nonprofit corporation or 

association, licensed by the State for the 

accommodation of convalescents or 

other persons who are not acutely ill 

and not in need of hospital care but who 

require skilled nursing care and related 

medical services, in which such nursing 

care and medical services are prescribed 

by, or are performed under the general 

direction of, persons licensed to provide 

such care or services in accordance with 

the laws of the State where the facility 

is located. 

Nursing Home Resident means an 

individual who lives on a permanent 

basis at a Nursing Home, Intermediate 

Care Facility, or Assisted Living 

Facility. A Nursing Home Resident does 

not have a permanent address that is 

separate from the Nursing Home, 

Intermediate Care Facility, or the 

Assisted Living Facility. 

* * * * * 

■ 3. Section 301.3 is amended by 

revising paragraph (a)(2) to read as 

follows: 

§ 301.3 Household eligibility and 

application process. 

(a)* * *

(2) A Post Office Box will not be 

considered a valid mailing address 

unless the applicant supplies 

information to identify the physical 

location of the household, as required. 

* * * * * 

■ 4. Section 301.7 is added to read as 

follows: 

§ 301.7 Waiver of Household Eligibility 

(a) A resident of a Nursing Home, 

Intermediate Care Facility or Assisted 

Living Facility may apply for a limited 

waiver of the household eligibility 

requirement for the Coupon Program 

and be eligible for one coupon. Anyone 

may apply for a coupon on behalf of the 

Resident including the Resident, a 

family member, an employee of the 

Nursing Home, Intermediate Care 

Facility or Assisted Living Facility. 

(b) The application must be in the 

name of the Nursing Home Resident and 

must include the resident’s name, the 

name of the facility and the street 

address. The Nursing Home Resident 

must also certify that their television set 

is over-the-air-reliant or whether they 

subscribe to satellite, cable or other pay 

television service. 

(c) Applications will be accepted by 

mail only on pre-printed form. In the 

alternative, a letter will be accepted as 

an application if all of the required 

information for the waiver is contained 

therein. 

(d) A Nursing Home Resident seeking 

a waiver is entitled to only one coupon. 

(e) Coupons for approved applications 

will be mailed individually to each 

Nursing Home Resident, addressed and 

mailed ‘‘in care of’’ to the Nursing Home 

Resident at the address of the Nursing 

Home, Intermediate Care Facility, or 

Assisted Living Facility. 


yshivers on PROD1PC62 with RULES
54334 Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations 

Dated: September 15, 2008. 

Meredith Attwell Baker, 

Acting Assistant Secretary for 

Communications and Information. 

[FR Doc. E8–21892 Filed 9–18–08; 8:45 am] 

BILLING CODE 3510–60–S 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 511, 516, 532, 538, 546, 

and 552 

[GSAR Amendment 2008–02; GSAR Case 

2008–G517; (Change 23); Docket 2008– 

0007; Sequence 01] 

RIN 3090–AI68 

General Services Administration 

Acquisition Regulation; GSAR Case 

2008–G517; Cooperative PurchasingAcquisition of Security and Law 

Enforcement Related Goods and 

Services (Schedule 84) by State and 

Local Governments Through Federal 

Supply Schedules 

AGENCIES: General Services 

Administration (GSA), Office of the 

Chief Acquisition Officer. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

General Services Administration 

Acquisition Regulation (GSAR) to 

implement Pub.L. 110–248, The Local 

Preparedness Acquisition Act. The Act 

authorizes the Administrator of General 

Services to provide for the use by State 

or local governments of Federal Supply 

Schedules of the General Services 

Administration (GSA) for alarm and 

signal systems, facility management 

systems, firefighting and rescue 

equipment, law enforcement and 

security equipment, marine craft and 

related equipment, special purpose 

clothing, and related services (as 

contained in Federal supply 

classification code group 84 or any 

amended or subsequent version of that 

Federal supply classification group). 

DATES: Effective Date: September 19, 

2008. 

Applicability Date: This amendment 

applies to solicitations and existing 

contracts for Schedule 84, as defined in 

GSAM 538.7001, Definitions, Schedule 

84. Further, this amendment applies to 

contracts awarded after the effective 

date of this rule for Schedule 84. 

Existing Schedule 84 contracts shall be 

modified by mutual agreement of both 

parties. 

Comment Date: Interested parties 

should submit written comments to the 

Regulatory Secretariat on or before 

November 18, 2008 to be considered in 

the formulation of a final rule. 

ADDRESSES: Submit comments 

identified by GSAR case 2008–G517, by 

any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘GSAR case 2008–G517’’ 

under the heading ‘‘Comment or 

Submission’’. Select the link ‘‘Send a 

Comment or Submission’’ that 

corresponds with GSAR case 2008– 

G517. Follow the instructions provided 

to complete the ‘‘Public Comment and 

Submission Form’’. Please include your 

name, company name (if any), and 

‘‘GSAR case 2008–G517’’ on your 

attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VPR), 1800 F Street, NW, Room 4035, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite GSAR case 2008–G517, in 

all correspondence related to this case. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

William Clark, Procurement Analyst, at 

(202) 219–1813 for clarification of 

content. Please cite GSAR case 2008– 

G517. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at (202) 501– 

4755. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This interim rule amends GSAM Parts 

511, 516, 532, 538, 546, and 552 to 

implement Pub.L. 110–248, The Local 

Preparedness Acquisition Act. The 

public law amends the ‘‘Cooperative 

Purchasing’’ provisions of the Federal 

Property and Administrative Services 

Act where the Administrator of GSA 

provides States and localities access to 

certain items offered through GSA’s 

supply schedules. The Public Law 

amends 40 U.S.C. 502(c) that allows, to 

the extent authorized by the 

Administrator, a State or local 

government to use Federal Supply 

Schedules of the General Services 

Administration to purchase alarm and 

signal systems, facility management 

systems, firefighting and rescue 

equipment, law enforcement and 

security equipment, marine craft and 

related equipment, special purpose 

clothing, and related services (as 

contained in Federal supply 

classification code group 84 or any 

amended or subsequent version of that 

Federal supply classification group). 

The GSA Schedules Program is also 

known as the Federal Supply Schedule 

(FSS) or Multiple Award Schedules 

(MAS) Program. Under the FSS/MAS 

Program, Federal agencies are able to 

purchase goods and services under 

contracts that are pre-negotiated by 

GSA. These contracts cover more than 

11 million commercial goods and 

services and are listed in broad 

categories known as Schedules. Under 

current law, State and local 

governments are authorized to purchase 

goods and services off the GSA 

Schedules, in limited circumstances, 

under special procurement authority. 

This interim rule allows for State and 

local purchasing under GSA Schedule 

84, which covers products and services 

related to law enforcement and security. 

Schedule 84 includes items such as fire 

alarm systems, door entry control 

devices, intrusion detection sensors, 

bomb detection equipment, perimeter 

security and video surveillance systems. 

Use of the GSA Schedules allows State 

and local governments to reduce time 

and resources spent on negotiating and 

awarding contracts for needed goods 

and services and gives them access to 

the pre-negotiated prices on the Federal 

Supply Schedules. Access to Schedule 

84 will help State and local 

governments meet growing homeland 

security and public safety needs. 

Cooperative Purchasing was added to 

the GSAR in 2003, covering automated 

data processing equipment (including 

firmware, software, supplies, support 

equipment, and services) (Schedule 70). 

A proposed rule was published in the 

Federal Register at 68 FR 3220, January 

23, 2003; an interim rule was published 

in the Federal Register at 68 FR 24372, 

May 7, 2003; and a final rule was 

published in the Federal Register at 69 

FR 28063, May 18, 2004. The rule 

authorized State and local governments 

to procure IT products and services 

from Schedule 70, Information 

Technology and the Consolidated 

Schedule, contracts containing the IT 

Special Item Numbers (SINs). 

A related interim rule on Recovery 

Purchasing was published in the 

Federal Register at 72 FR 4649, 

February 1, 2007. That interim rule 

implemented Section 833 of P.L. 109– 

364, which authorized the 

Administrator of General Services to 

provide to State and local governments 

the use of Federal Supply Schedules of 

the GSA for purchase of products and 

services to be used to facilitate recovery 

from a major disaster, terrorism, or 


yshivers on PROD1PC62 with RULES