[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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: <a href="/cdn-cgi/l/email-protection#93fef1e1fce4fdd3fde7faf2bdf7fcf0bdf4fce5"><span class="__cf_email__" data-cfemail="016c63736e766f416f7568602f656e622f666e77">[email protected]</span></a>.

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \9\ 47 CFR 301.7.
    \10\ 47 CFR 301.3(a)(2); see also 73 FR 54,325, 54,333 (Sept. 
19, 2008).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \11\ 74 FR 10,686 (March 12, 2009).
    \12\ 47 CFR 301.3(e).
---------------------------------------------------------------------------

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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>