22402 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Notices 

1The Digital Television Transition and Public 

Safety Act of 2005 (the Act) is Title III of the Deficit 

Reduction Act of 2005, Pub. L. No. 109–171, 120 

Stat. 4, 21 (Feb. 8, 2006). Section 3002(b) of the Act 

originally provided the digital conversion deadline 

to be February 17, 2009. Section 2(a) of the 

subsequently enacted DTV Delay Act, Pub. L. No. 

111–4, 123 Stat. 112 (Feb. 11, 2009), changed that 

deadline to June 12, 2009. 

2 Id., the Act, at § 3008, 120 Stat. at 25. 

3Section 2(b) of the DTV Delay Act changed the 

application deadline for the Conversion Program 

from February 17, 2009, to June 12, 2009. See also 

Low-Power Television and Translator Digital-toAnalog Conversion Program, Initial Announcement 

— Notice of Availability of Funds, 72 Fed. Reg. 

61,109 (Oct. 29, 2007); Low-Power Television and 

Translator Digital-to-Analog Conversion Program, 

Amendment to Notice of Availability of Funds, 73 

Fed. Reg. 50,782 (Aug. 28, 2008); Low-Power 

Television and Translator Digital-to-Analog 

Conversion Program: Extension of Closing Date, 

Notice of Amended Solicitation of Applications, 74 

Fed. Reg. 7663 (Feb. 19, 2009). 

4See the Act, supra note 1 at § 3009, 120 Stat. at 

26. Section 2(b) of the DTV Transition Assistance 

Act, Pub. L. No. 110–295, 122 Stat. 2872 (July 30, 

2008), amended Section 3009 to clarify the period 

during which NTIA could make awards for the 

Upgrade Program. 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

Docket No. 090416676–9677–01 

Low-Power Television and Translator 

Upgrade Program: Notice of 

Availability of Funds 

AGENCY: National Telecommunications 

and Information Administration, U.S. 

Department of Commerce. 

ACTION: Notice of Availability of Funds 

and Program Guidelines. 

SUMMARY: The National 

Telecommunications and Information 

Administration (NTIA) publishes this 

notice to provide the guidelines for the 

Low-Power Television and Translator 

Upgrade Program (Upgrade Program) 

and to announce the availability of 

approximately $44 million for awards 

under this program. Upgrade Program 

funds will be used by eligible lowpower television and translator stations 

to upgrade from analog broadcasting to 

digital broadcasting. Completed 

applications for the Priority Round must 

be received at NTIA no later than 5 

p.m., Eastern Daylight Time on July 13, 

2009. After August 10, 2009, 

applications must be received at NTIA 

by the first business day of each 

subsequent month as long as funds are 

available. NTIA will provide updated 

information on a periodic basis at its 

website http://www.ntia.doc.gov/lptv 

regarding program awards and funds 

remaining for grants. 

DATES: Paper applications and 

applications submitted electronically 

through Grants.gov for the Priority 

Round must be received at NTIA no 

later than 5 p.m., Eastern Daylight Time, 

on July 13, 2009 (Priority Round Closing 

Date). Applicants must ensure that the 

carrier they use guarantees delivery of 

the application by the Priority Round 

Closing Date. Applicants should note 

that all material sent via the U.S. Postal 

Service (including ‘‘Overnight’’ or 

‘‘Express Mail’’) is subject to delivery 

delays of up to two weeks due to mail 

security procedures at the Department 

of Commerce. If an application is 

received after the Priority Round 

Closing Date due to (1) carrier error, 

when the carrier accepted the package 

with a guarantee for delivery by the 

Priority Round Closing Date and Time, 

or (2) significant weather delays or 

natural disasters, NTIA will, upon 

receipt of proper documentation, 

consider the application as having been 

received by the deadline. 

After August 10, 2009, applications 

for the next grant round must be 

received at NTIA by 5 p.m., Eastern 

Time, the first business day of each 

subsequent month as long as funds are 

available (Closing Dates). Applications 

received after any of the subsequent 

monthly Closing Dates will be held until 

the next grant round. 

Applications submitted by facsimile 

will not be accepted. Applications 

submitted electronically via the 

Grants.gov website must be received 

and logged by Grants.gov by 5 p.m. 

Eastern Daylight Time on the Priority 

Round Closing Date or the subsequent 

monthly Closing Dates. Applicants 

planning to submit an application 

electronically via the Grants.gov website 

should take into consideration 

computer-related difficulties that may 

arise during the submission of an 

electronic filing. NTIA will not be 

responsible for any computer problems 

that delay the submission of last-minute 

electronic filings. 

ADDRESSES: To submit completed 

applications or send any other 

correspondence, write to the Upgrade 

Program at the following address: NTIA/ 

Upgrade Program, Room H–4812, U.S. 

Department of Commerce, 1401 

Constitution Avenue, N.W., 

Washington, DC 20230. Application 

materials may be obtained electronically 

via the Internet at http:// 

www.ntia.doc.gov/lptv or http:// 

www.Grants.gov. 

FOR FURTHER INFORMATION CONTACT: 

William Cooperman, Upgrade Program 

Director, Broadcasting Division, NTIA 

Office of Telecommunications and 

Information Applications, telephone: 

(202) 482–5802; fax: (202) 482–2156; 

email: wcooperman@ntia.doc.gov. 

Information about the Upgrade Program 

also can be obtained electronically via 

the Internet at http://www.ntia.doc.gov/ 

lptv. 

SUPPLEMENTARY INFORMATION: 

I. Funding Opportunity Description 

A. Background on the Low-Power 

Television and Translator Upgrade 

Program 

The Digital Television Transition and 

Public Safety Act of 2005 (the Act), as 

amended, permits low-power television 

facilities to continue analog broadcasts 

after the June 12, 2009, deadline for 

conversion of full-power television 

stations to digital. The Act also 

authorizes NTIA to operate two 

programs to assist low-power television 

facilities during the nation’s transition 

from analog to digital television 

broadcasting.1

Conversion Program. NTIA’s first 

program, the Low-Power Television and 

Translator Digital-to-Analog Conversion 

Program (Conversion Program), permits 

NTIA to provide grants so a low-power 

television station can convert the 

incoming digital signal of its 

corresponding full-power television 

station to analog format for transmission 

on the low-power television station’s 

analog channel.2 By statute, the 

deadline for submission of applications 

to the Conversion Program is June 12, 

2009.3

Upgrade Program. The Low-Power 

Television and Translator Upgrade 

Program is the second NTIA program to 

assist low-power television stations and 

is authorized by Section 3009 of the Act, 

as amended.4 The Upgrade Program will 

provide reimbursement for equipment 

to upgrade low-power stations in 

eligible rural communities from analog 

to digital. Section 3009, as amended, is 

provided below, in its entirety: 

SEC. 3009. LOW-POWER 

TELEVISION AND TRANSLATOR 

UPGRADE PROGRAM. 

(a) ESTABLISHMENT.—The Assistant 

Secretary shall make payments of not to 

exceed $65,000,000, in the aggregate, 

during fiscal years 2009 through 2012, 

from the Digital Television Transition 

and Public Safety Fund established 

under section 309(j)(8)(E) of the 

Communications Act of 1934 (47 U.S.C. 

309(j)(8)(E)) to implement and 

administer a program through which 

each licensee of an eligible low-power 

television station may receive 

reimbursement for equipment to 

upgrade low-power television stations 

from analog to digital in eligible rural 

communities, as that term is defined in 

section 610(b)(2) of the Rural 


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Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Notices 22403 

5Section 610(b)(2) of the Rural Electrification Act 

of 1937, 7 U.S.C. § 950bb(b)(2), provides that ‘‘[t]he 

term ‘eligible rural community’ means any area of 

the United States that is not contained in an 

incorporated city or town with a population in 

excess of 20,000 inhabitants.’’ 

6Consolidated Security, Disaster Assistance, and 

Continuing Appropriations Act, 2009, Pub. L. No. 

110–329, § 121, 122 Stat. 3574, 3577 (Sept. 30, 

2008). 

7Low-Power Television and Translator Upgrade 

Program, 73 Fed. Reg. 59,586 (Oct. 9, 2008) 

(Advanced Notice of Proposed Rulemaking). 

8The PowerPoint presentation presented at the 

meetings, as well as a recording of an audiocast of 

the October 24 meeting, was posted on the Upgrade 

Program’s website. Written comments received in 

response to Upgrade Program Notice, the NTIA 

PowerPoint presentation from the October 

meetings, and the audiocast of the October 24 

meeting are available on NTIA’s website at http:// 

www.ntia.doc.gov/lptv/upgrade.html and http:// 

www.ntia.doc.gov/lptv/lptv_overview.html. 

9See Advanced Notice of Proposed Rulemaking, 

supra note 7; Low-Power Television and Translator 

Upgrade Program, 74 Fed. Reg. 17,938 (April 20, 

2009) (Advanced Notice of Proposed Rulemaking, 

Withdrawal). 

10See the Act, supra note 1 at § 3009, 120 Stat. 

at 26 (emphasis added). 

11 73 Fed. Reg. at 59,587. The FCC 50/50 

protected contour referred to herein is defined as 

follows: a low-power television or translator 

station’s FCC license protects that station from 

interference from another station within a 

geographic area. The FCC calculates the protected 

coverage contour of a station based on the station’s 

authorized broadcast power, its broadcast 

frequency, and the area within which 50 percent of 

the potential receiver locations can receive the 

station 50 percent of the time. The signal strength 

levels for protected contours of television 

translators are contained in 47 C.F.R. § 74.707 and 

listed in note 16 infra. 

12 73 Fed. Reg. at 59,587. Urban Areas and Urban 

Clusters are areas defined by the U.S. Census 

Bureau, see http://www.census.gov/geo/www/ua/ 

ua_2k.html. See supra note 5. 

13Belo Corporation Comments (Belo) at 2 (Nov. 

14, 2008); see also, Association of Public Television 

Stations Comments (APTS) at 2 (Nov. 14, 2008), 

Darwin Hillberry Comments (Hillberry) at 1 (Nov. 

14, 2008), Vegas PBS Comments (Vegas PBS) at 1 

(Oct. 30, 2008), Oregon Association of Broadcasters 

Comments (OAB) at 3 (Nov. 14, 2008), KRHP 

Comments (KRHP) at 2 (June 9, 2008). 

14Michael Couzens Comments (Couzens) at 3 

(Nov. 17, 2008). 

15For example, WNXY-LP is licensed to Roslyn, 

New York, a community located on Long Island, 

Continued 

Electrification Act of 1937 (7 U.S.C. 

950bb(b)(2)). Such reimbursements shall 

be issued to eligible stations on or after 

February 18, 2009. Priority 

reimbursements shall be given to 

eligible low-power television stations in 

which the license is held by a non-profit 

corporation and eligible low-power 

television stations that serve rural areas 

of fewer than 10,000 viewers. 

(b) ELIGIBLE STATIONS.—For 

purposes of this section, the term 

‘‘eligible low-power television station’’ 

means a low-power television broadcast 

station, Class A television station, 

television translator station, or 

television booster station— 

(1) that is itself broadcasting 

exclusively in analog format; and 

(2) that has not converted from analog 

to digital operations prior to the date of 

enactment of the Digital Television 

Transition and Public Safety Act of 

2005.5

In addition, the Consolidated 

Security, Disaster Assistance, and 

Continuing Appropriations Act, 2009, 

Pub. Law No. 110–329, authorized NTIA 

to use funds from the Upgrade Program 

for additional administrative expenses 

of the Digital-to-Analog Converter Box 

Program.6 Pursuant to this authority, 

NTIA transferred $16,230,000 to the 

Converter Box Program. As a result, 

approximately $44 million is available 

for Upgrade Program grants. 

B. October 2008 Public Meetings 

On October 9, 2008, NTIA issued an 

Advanced Notice of Proposed 

Rulemaking and Notice of Public 

Meetings regarding the Upgrade 

Program (Upgrade Program Notice).7

The Upgrade Program Notice 

announced two meetings regarding the 

implementation of the program and 

solicited written comments on certain 

aspects of the program’s 

implementation. The first meeting was 

held on October 24, 2008, in 

Washington, DC, and the second 

meeting was held on October 28, 2008, 

in Las Vegas, Nevada.8 After reviewing 

and considering the comments received, 

NTIA decided not to proceed with 

regulations to implement the program 

and withdrew the Advanced Notice of 

Proposed Rulemaking.9 Instead, this 

Notice of Availability of Funds reviews 

the comments received and provides 

detailed information concerning the 

implementation of the Upgrade 

Program. 

NTIA discussed the following topics 

at the public meetings: Community 

Eligibility; Station Eligibility; 

Reimbursement; Priority 

Reimbursement; Eligible Equipment and 

Costs; and Application Selection 

Procedures. These issues are discussed 

further in the following sections of this 

document. 

1. Community Eligibility 

Under the Act, both the station and 

the community it serves must be eligible 

in order for a station to receive Upgrade 

Program funds. Section 3009(a) of the 

Act states that Upgrade Program funds 

are to ‘‘upgrade low-power television 

stations from analog to digital in eligible 

rural communities, as that term is 

defined in section 610(b)(2) of the Rural 

Electrification Act of 1937 (7 U.S.C. 

950bb(b)(2)).’’10 The referenced section 

defines ‘‘rural communities’’ as ‘‘any 

area of the United States that is not 

contained in an incorporated city or 

town with a population in excess of 

20,000 inhabitants.’’ 

In the Upgrade Program Notice, NTIA 

identified the following issues that were 

discussed at the public meetings 

regarding NTIA’s possible interpretation 

of this definition: 

(1) Whether NTIA should determine 

an eligible rural community based on 

the population within the station’s (a) 

community of license, or (b) FCC 50/50 

protected contour,11 or (c) Grade A 

coverage, or (d) Grade B coverage, or (e) 

protected coverage contour per Section 

74.707 of the FCC Rules. 

(2) Whether NTIA should determine 

an eligible rural community based on 

some other definition or formula (e.g., 

the number, or percentage, of people 

served by the station living in rural 

areas outside Urban Areas or Urban 

Clusters of more than 20,000).12

Community of License. NTIA received 

several comments regarding the issue of 

community eligibility. The most 

common response was the suggestion to 

utilize the U.S. Census Bureau data for 

the station’s community of license. As 

stated by the Belo Corporation, ‘‘NTIA 

should choose the simplest and least 

expensive method: the population of a 

station’s community of license based on 

census data. This number is easy to 

determine, requires little work from 

stations, and would be easy for NTIA to 

verify.’’13 In his comments, Michael 

Couzens, however, stated that the 

community of license ‘‘has no legal or 

practical significance. No requirements 

are attendant on specifying any 

particular community, and the 

specification can be changed by minor 

amendment. So the use of that 

community for eligibility would be 

arbitrary.’’14

NTIA believes that, while it is a 

possibly convenient solution, the use of 

population within a community of 

license is impractical as a means of 

determining whether a station truly 

serves a rural area. As noted by 

Couzens, the FCC treats changes of a 

community of license of a low-power 

television station as a minor 

modification and, therefore, the 

community of license can be changed 

easily. Further, NTIA notes that the 

population of a station’s community of 

license has no relationship to the 

population in the surrounding coverage 

area. It is possible that a station can be 

licensed to a small community within a 

large metropolitan area. The existence of 

a community of license with a small 

population does not mean that the 

station serves a rural community.15


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22404 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Notices 

and is listed in the 2000 U.S. Census as having a 

population of 2,570. NTIA’s conservative estimate 

of the number of people served by the station, 

however, is over 6 million. (NTIA calculated this 

population using the procedure discussed in note 

24 infra). 

16The FCC defines Grade A coverage as a level 

of service for full-power analog television stations 

with a signal strength of 68 dBu for channels 2–6, 

71 dBu for channels 7–13, and 74 dBu for channels 

14–69; and Grade B coverage as a level of service 

for full-power analog television stations with a 

signal strength of 47 dBu for channels 2–6, 56 dBu 

for channels 7–13, and 64 dBu for channels 14–69. 

See 47 C.F.R. § 73.683. The comparable 50/50 

protected contours for low-power analog television 

stations are 62 dBu, 68 dBu, and 74 dBu, 

respectively. 47 C.F.R. § 74.707. These same dBu 

levels apply to Class A stations. See 47 C.F.R. 

§ 73.6010. 

17APTS at 2; see also Walla Walla University 

Comments (Walla Walla) at 1 (Nov. 14, 2008). 

18APTS at 3; OAB at 3; Belo at 2. 

19NTA Comments (NTA 1) at 1 (Sept. 29, 2008); 

see also Cohen, Dippell, and Everist Comments 

(Cohen, Dippell, and Everist) at 1 (Nov. 14, 2008) 

(agreeing that the FCC 50/50 protected coverage 

contours as set forth in 47 C.F.R. §§ 73.6010, 74.707 

should be used if the community of license is not 

viable). 

20See 72 Fed. Reg. at 61,112. 

21See supra note 16. 

22See 47 C.F.R. §§ 73.6010, 74.707. The LongleyRice signal propagation model was developed at 

NTIA’s Institute of Telecommunications Sciences 

and is an industry-accepted method of predicting 

signal coverage over irregular terrain. Longley-Rice 

calculations are incorporated into several 

commercial computer coverage prediction software 

programs. 

23NTIA recognizes that there may be inaccuracies 

in the FCC database and also that there may have 

been changes in station facilities after the NTIA 

calculations were run. NTIA will update its 

calculation for a station when necessary to ensure 

the accuracy of its population estimate. 

24NTIA obtained information from the FCC’s 

station database and used a commercially available 

software program, Vsoft Probe 3, to calculate 

population within the FCC 50/50 protected contour 

(62 dBu for channels 2–6, 68 dBu for channels 7– 

13, and 74 dBu for channels 14–69) using the 

Longley-Rice model. All population figures are from 

the 2000 Census. 

25See http://www.ers.usda.gov/Data/ 

RuralUrbanContinuumCodes/2003/. The ERS has 

classified each county in the country based on its 

2003 population on a nine-point continuum. 

Counties with a classification of 6, 7, 8, and 9 

contain an urban population of fewer than 20,000 

and comprise 55 percent of all counties in the 

United States. See http://www.ers.usda.gov/ 

Briefing/Rurality/RuralUrbCon/ for information on 

the codes. 

FCC Coverage Contours. Several 

commenters suggested that NTIA utilize 

the population within an FCC-predicted 

coverage contour as a means of 

determining whether the community 

served meets the eligibility requirement. 

Commenters were divided, however, 

over whether NTIA should use the 

Grade B contour or its low-power FCC 

50/50 protected contour.16 No one 

supported the use of the FCC’s Grade A 

contour. 

The FCC provides maps of the service 

area for each currently operating lowpower television station at its Internet 

site http://www.fcc.gov/mb/video/ 

tvq.html. The FCC maps show the 

geographic areas covered by a station 

and display urbanized areas in yellow, 

but do not provide the population 

within the coverage contour. APTS and 

Walla Walla noted that the FCC’s 

coverage contours may be inaccurate 

because they ‘‘assume flat terrain and 

thus frequently overestimate the reach 

of stations.’’17 APTS, Belo, and OAB 

commented that having stations 

determine the population via contour 

maps may impose a cost burden on 

stations.18

The service areas of each station 

shown on FCC maps are the FCC 50/50 

protected contours for low-power 

stations. The National Translator 

Association (NTA) noted that the 

population in the FCC protected contour 

is being used by NTIA for determining 

eligibility for the Conversion Program 

and that its use should be continued for 

the Upgrade Program.19 As established 

by the FCC, low-power television 

stations, translator stations, and Class A 

stations are protected from interference 

within the coverage contours set forth in 

the FCC Rules. While the station’s 

signals may extend beyond this contour, 

only those people living within the 

contour are protected from interference 

from other stations. 

NTIA agrees that the population 

within the FCC 50/50 protected contour 

is the most appropriate metric upon 

which to determine community 

eligibility because it is well-defined and 

understood. As NTA correctly noted, 

NTIA used the population within the 

FCC 50/50 protected contour as a metric 

in the Conversion Program and believes 

that it is the appropriate basis for 

determining population for the Upgrade 

Program as well.20 NTIA chose not to 

use the Grade B contour since it relates 

to full-power television stations and 

does not apply to low-power stations.21

Longley-Rice Calculations. NTIA is 

mindful of the comments raised 

regarding the accuracy of the FCC 

coverage maps to reflect differences in 

coverage due to terrain variations. To 

determine the population within 

eligible communities, NTIA will, 

therefore, use the Longley-Rice model to 

determine the population within the 

FCC 50/50 protected contour for lowpower television stations. This model is 

a widely-accepted method for predicting 

coverage over irregular terrain and will 

allow for a more accurate population 

count.22

NTIA recognizes that it would be 

burdensome for many stations to 

determine the population within a 

coverage contour, whichever contour 

standard NTIA adopts. In order to assist 

low-power stations in their participation 

in the Upgrade Program, NTIA has 

calculated the population of every 

translator, low-power, and Class A 

station licensed by the FCC as of 

December 2008.23 These calculations 

use the Longley-Rice model to provide 

an estimate of the population within the 

FCC 50/50 protected contour that each 

station serves. NTIA will provide a 

population figure to each applicant as 

part of the Upgrade Program’s 

application process.24

NTIA will use its population 

calculations as one of several methods 

of determining community eligibility. 

NTIA has found that the vast majority 

of stations serve a population of fewer 

than 20,000 within the FCC 50/50 

protected contour using the LongleyRice model (50/50 L/R). These stations 

will, therefore, quickly qualify for the 

Upgrade Program. NTIA cautions, 

however, that a station contour 

displayed on the FCC map that is within 

a large urban area (usually shown in 

yellow on the FCC map) cannot be 

considered rural, even if it has fewer 

than 20,000 people within the NTIAcalculated contour. 

Alternate Rural Determination. In a 

small number of cases, fewer than 10 

percent of the stations, NTIA was 

unable to calculate a population within 

the station’s service area. In these 

instances, applicants may provide a 

coverage contour printed from the FCC’s 

website (http://www.fcc.gov/mb/video/ 

tvq.html) showing no urban areas 

containing a population greater than 

20,000, or provide information from the 

Economic Research Service (ERS), U.S. 

Department of Agriculture, which lists 

those counties in the United States that 

have an urban population of fewer than 

20,000.25 Both sites are easy to access 

and the information can be obtained in 

a few computer clicks. The NTIA 

application form will provide 

information on obtaining information 

from both the FCC and ERS sites. Maps 

for stations no longer operating in 

analog will be available as part of the 

Upgrade Program application. The three 

procedures provided above will enable 

the vast majority of stations to easily 

determine whether their service areas 

meet the requirements of the Upgrade 

Program. Thus, based on the statutory 

requirements, NTIA will consider 

stations that provide service to areas 

that do not include urban areas greater 

than 20,000 to be 100 percent rural and 

will award these stations ten points 


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Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Notices 22405 

26See 7 U.S.C. § 950bb(b)(2). 

27CBA Comments (CBA) at 2 (Nov. 14, 2008). 

28APTS at 3. 

29 7 C.F.R. § 1740.8. 

30See the Act, supra note 1, at § 3009(a). 

31The RUS procedure defines the service area as 

the population within at least one county and 

within all counties that are at least 75 percent 

covered by a station. See 7 C.F.R. § 1740.89(c). 

NTIA believes that defining the coverage area as the 

population within the FCC 50/50 protected contour 

is a more accurate representation of the station’s 

service area. NTIA will provide the total population 

within the FCC 50/50 protected contour so 

applicants will be able to subtract the urban 

population to determine the rurality of the coverage 

area. 

32Urban areas are shown in yellow on the FCC 

contour maps at (http://www.fcc.gov/mb/video/ 

tvq.html) and population data of urban areas can be 

found on the U.S. Census Bureau’s American 

Factfinder website at http://factfinder.census.gov/ 

home/saff/main.html?_lang=en. 

33The Rurality Score is based on the percentage 

of the population in the FCC 50/50 protected 

contour area that is rural (i.e., not living within 

urban areas greater than 20,000). The score is 

rounded using the 5/4 method. For example, a 

station that covers an area 64 percent rural would 

receive a Rurality Score of 6. A station that covers 

an area 65 percent rural would receive a Rurality 

Score of 7. A station that covers an area 66 percent 

rural also would receive a Rurality Score of 7. 

34See the Act, supra note 1, 120 Stat. at 26. 

35 Id. 

36 73 Fed. Reg. at 59,587 (internal footnotes 

omitted). 

during the evaluation of the 

application.26

Rurality Factors. In its comments, the 

Community Broadcasters Association 

(CBA) noted that ‘‘[n]othing in the 

wording of the statute indicates stations 

should be ‘eligible’ only if they 

exclusively serve communities of fewer 

than 20,000 inhabitants.’’27 NTIA is 

mindful that the Act, by reference to 

section 610(b)(2) of the Rural 

Electrification Act of 1937, cited above, 

permits participation in the Upgrade 

Program by stations serving areas with 

a population of greater than 20,000. 

Stations that serve areas with 

populations greater than 20,000 should 

first check the ERS site referenced above 

to quickly determine whether the 

county(ies) served contain urban areas 

greater than 20,000. If there are no 

counties within the coverage area with 

an urban population greater than 

20,000, the station meets the rural 

communities requirements. 

For those stations that cover urban 

areas greater than 20,000, APTS 

suggested that NTIA look at the Rural 

Utilities Service (RUS) Public 

Television Station Digital Television 

Grant Program, which uses a rurality 

analysis as part of its grant process.28

This RUS program provides funds for 

the transition of full-power and lowpower public television stations to 

digital operation. Many of these stations 

serve areas with populations greater 

than 20,000. The RUS determines a 

rurality score based on the measure of 

the rural character of the station’s 

coverage area.29

Section 610(b)(2) of the Rural 

Electrification Act of 1937 applies to 

programs operated by the RUS and the 

Act applies this section to the Upgrade 

Program.30 In considering how to apply 

section 610(b)(2) to areas with 

populations greater than 20,000, NTIA 

looked to RUS’s administration of its 

programs for guidance on a definition of 

eligible rural communities. Following 

the principles used in the RUS Public 

Television Station Digital Television 

Grant Program, but adjusted to the 

needs and information available to the 

Upgrade Program, NTIA will consider 

the coverage within a low-power 

station’s FCC 50/50 contour as the 

service area of the station to determine 

a rurality score.31

NTIA will provide applicants with the 

population within a station’s FCC 50/50 

protected contour. The Upgrade 

Program’s web-based application form 

will contain links to the FCC and U.S. 

Census Bureau websites so applicants 

can obtain the population within urban 

areas greater than 20,000 within the FCC 

50/50 protected contour.32 The 

application form will then automatically 

calculate a Rurality Score — between 

six and nine points — based on the 

percentage of rural population within 

the FCC 50/50 protected contour area.33

The Rurality Score an application 

receives will be used as part of the 

application selection procedure, which 

is discussed under Section 6. 

In addition to the above-referenced 

three methods to determine population 

within a station’s coverage contour, 

applicants may present their own 

population calculations for NTIA 

consideration. Applicants must fully 

document how their coverage was 

estimated. The applicant’s estimated 

coverage contour and population is 

subject to acceptance by NTIA. 

2. Station Eligibility 

As noted in the prior section, the Act 

requires that both the applicant station 

and the community it serves be eligible 

for a project to receive funds from the 

Upgrade Program. Section 3009(a) of the 

Act states that ‘‘each licensee of an 

eligible low-power television station 

may receive reimbursement.’’34 The 

term ‘‘eligible low-power television 

station’’ is defined in Section 3009(b) of 

the Act to mean ‘‘a low-power television 

broadcast station, Class A television 

station, television translator station, or 

television booster station— (1) that is 

itself broadcasting exclusively in analog 

format; and (2) that has not converted 

from analog to digital operations prior to 

the date of enactment of the Digital 

Television Transition and Public Safety 

Act of 2005.’’35 The date of enactment 

was February 8, 2006. 

In its Upgrade Program Notice, NTIA 

identified the following issues regarding 

the interpretation of Section 3009(b) 

that were discussed at the Public 

Meetings: 

(1) Whether a station must hold an 

FCC license to be considered 

‘‘broadcasting’’ or be permitted to hold 

an FCC Construction Permit or program 

test authority. 

(2) Whether a station meets the 

statutory requirement (‘‘broadcasting 

exclusively in analog format’’) if it has 

a Construction Permit, program test 

authority, or license for a digital 

companion channel or has flash-cut to 

digital. 

(3) Whether NTIA should establish a 

uniform deadline of eligibility (DOE) 

applicable to all applicants when 

determining a station’s eligibility 

regarding the two previous items. If so, 

should the DOE be (a) the date of 

enactment of the Act (i.e., February 8, 

2006), (b) the closing date for receipt of 

Upgrade Program applications for the 

applicable grant round, (c) the same 

date as the Expenditure Start Date 

discussed in the section titled 

Reimbursement, below, or (d) some 

other date. 

(4) Whether a governmental 

subsidiary can be considered a nonprofit corporation and therefore may 

qualify for ‘‘priority reimbursement.’’ 

(5) Whether NTIA should adopt the 

same requirements regarding station 

eligibility for the Upgrade Program as 

NTIA adopted for the Digital-to-Analog 

Conversion Program (Conversion 

Program) and published in the October 

29, 2007, Federal Register (72 Fed. Reg. 

61,109–61,114). The Conversion 

Program was established under Section 

3008 of the Act and contains language 

identical to Section 3009 establishing 

the Upgrade Program regarding the 

definition of an eligible station.36

NTIA received many comments 

regarding station eligibility 

requirements. The comments primarily 

focused on two issues: (1) that a station 

should have an FCC authorization, and 

(2) the date by which a station received 

that authorization from the FCC. 

FCC Authorizations. All the 

comments NTIA received in response to 

the issue of station eligibility supported 

a requirement that a station have an FCC 

authorization to qualify for the Upgrade 

Program. There were, however, varying 


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37For example, Vegas PBS recommended that 

funding be ‘‘available to stations with a valid analog 

station license or Construction Permit (CP) as of the 

date of legislation, provided that stations were not 

already broadcasting in digital before that date.’’ 

Vegas PBS at 1. It also suggested that ‘‘[h]olding of 

a digital license, without operating DTV facilities, 

by an analog broadcaster should not be 

disqualifying.’’ Id. KRHP asserted that stations 

should hold ‘‘[a]n FCC license. (I wouldn’t think 

that ‘Construction Permits’ and/or ‘test authority’ 

would not be what the legislators intended here).’’ 

KRHP at 2. In their comments, Charlie Cannaliato 

and Lee Good agreed that ‘‘[a] Construction Permit 

(CP) would not qualify for funds as it is not 

operational.’’ Cannaliato and Good Comments 

(Cannaliato and Good) at 2 (June 1, 2008). Couzens, 

however, stated that ‘‘a construction permit should 

be treated in the same manner as a license, 

consistent with FCC practice. A permit holder has 

authority to begin broadcasting at any time.’’ 

Couzens at 2. 

38See 47 C.F.R. § 74.14. 

39See 47 C.F.R. § 74.25. As of February 2009, at 

least 22 stations were operating under STAs. 

40See, e.g., KRPH at 2; Vegas PBS at 1; OAB at 

2; APTS at 2; Indian Wells Comments (Indian 

Wells) at 1 (Nov. 14, 2008). 

41 During this two-and-one-half year period, 343 

low-power stations began analog broadcasting 

where construction was authorized prior to the date 

of enactment, and 24 new low-power licensees 

began analog broadcasts where construction was 

authorized after the date of enactment. 

42 In addition to the Conversion Program and 

Upgrade Program authorized and funded by the 

Act, it mandated the cessation of full-power analog 

television broadcasts, set forth an auction of 

spectrum to be released after the digital transition, 

established and funded a $1.5 billion dollar 

program to assist consumers with analog television 

sets in receiving digital broadcasts, and provided 

$30 million to assist in the digital conversion of 

television stations in the New York City area. See 

the Act, supra note 1, at §§ 3002–3005, 3007, 120 

Stat. at 21–25. 

43The DTV Delay Act subsequently extended this 

date to June 12, 2009. See supra note 1. 

44FCC Commences Accepting Applications for 

On-channel Digital Conversion of Low Power TV 

and TV Translator Stations and Announces 

Availability of Revised Application Forms 346 and 

301–CA, Public Notice, DA 05–2546, 20 F.C.C. Rcd. 

15353 (Oct. 4, 2005). 

45See the Act, supra note 1, 120 Stat. at 26. 

suggestions on what type of FCC 

authorization would be appropriate. 

Some commenters indicated that a 

station must hold an FCC license, while 

others recommended that stations 

holding an FCC Construction Permit 

should be eligible.37

NTIA has determined to interpret the 

Act’s definition of a ‘‘low-power 

television broadcast station, Class A 

television station, television translator 

station, or television booster station’’ as 

a station authorized by the FCC to use 

the television broadcast spectrum. 

These terms are defined by the FCC at 

47 C.F.R. §§ 74.701 and 73.6001. NTIA 

notes that authorization for broadcast, 

however, does not mean that the FCC 

must have issued a license for the 

station. The FCC’s Rules permit a 

station to begin broadcasting service or 

program tests once it has completed 

construction and filed for a license 

showing that it complies with the FCC’s 

technical requirements and engineering 

standards.38 The FCC also has 

authorized low-power television 

stations under Special Temporary 

Authority (STA).39 NTIA has decided to 

adopt these FCC definitions in order to 

include the broadest applicant pool for 

the program. 

Date of Eligibility. NTIA believes that 

one of the key issues regarding station 

eligibility is when the applicant station 

must hold the required FCC broadcast 

authorization. Many commenters 

suggested that NTIA use the date of 

enactment of the Act — February 8, 

2006 — as the date by which the 

applicant station must hold an FCC 

broadcast authorization.40

In determining the eligibility of a lowpower station to participate in the 

Upgrade Program, NTIA is mindful that 

the Act establishes a two-and-one-half 

year period between the February 8, 

2006, the date of enactment, and the 

October 1, 2008, the authorized start 

date of the Upgrade Program.41 Further, 

the Act requires that the Upgrade 

Program distribute funds on a 

reimbursement basis; i.e., station 

operators must expend their own funds 

prior to receiving reimbursement from 

NTIA. Inasmuch as Congress requires 

that low-power operators seek 

reimbursement from NTIA for prior 

upgrade expenses, it is entirely 

consistent with the Act that NTIA 

establish the date of station eligibility as 

the date of enactment, February 8, 2006. 

NTIA thus will accept applications from 

those low-power stations that were 

authorized by the FCC prior to February 

8, 2006. This includes those stations 

authorized to broadcast as well as those 

low-power stations whose construction 

was authorized by the FCC prior to 

February 8, 2006. 

NTIA recognizes that applications for 

many low-power stations were tendered 

to the FCC in 2000, but were mutually 

exclusive with other applicants and 

Construction Permits and could not 

immediately be awarded by the FCC. 

The clear intent of the Act is to facilitate 

the conversion of television stations in 

the United States to digital 

broadcasting.42 NTIA believes that it is 

contrary to Congressional intent to 

exclude those low-power stations that 

received FCC authorizations and that 

were constructed in good faith prior to 

the announcement of this Upgrade 

Program. NTIA believes that those lowpower stations that were authorized by 

the FCC prior to the date of enactment 

should be afforded the same 

opportunity to seek NTIA funds for 

upgrade to digital as those that were 

already broadcasting on that date. All 

stations, however, must broadcast 

exclusively in analog prior to 

submission of an application for 

Upgrade Program funds, i.e., the station 

must be constructed and licensed by the 

FCC as an analog low-power station 

prior to submission of an Upgrade 

Program application. 

NTIA is mindful that the Act that 

established the Upgrade Program also 

initially established a firm deadline, 

February 17, 2009, for the digital 

transition of full-power television 

stations.43 While the Act permitted lowpower stations to operate in analog after 

that date, the authorization of the 

Upgrade Program is another clear 

example of action by the Federal 

government to move all television 

broadcasting to digital. In an action 

taken in October 2005, the FCC 

authorized low-power stations with 

analog Construction Permits to 

construct digital stations without having 

to first construct an analog station.44

Given these actions by the Congress and 

the FCC, NTIA believes that any lowpower station authorized by the FCC 

after the date of enactment should have 

been constructed directly as a digital 

station. By establishing February 8, 

2006, the date of enactment, as the date 

on which to determine station 

eligibility, NTIA opens the Upgrade 

Program to all stations authorized to 

broadcast in analog on that date. NTIA 

cannot, however, accept applications 

from those analog stations authorized 

after the date of enactment. 

The Act further includes in the 

definition of an eligible station the 

requirement that the station ‘‘has not 

converted from analog to digital 

operations prior to the date of 

enactment of the Digital Television 

Transition and Public Safety Act of 

2005,’’ i.e., February 8, 2006.45 NTIA 

considers that a station has converted 

from analog to digital operations when 

it begins digital broadcasting. 

Applicants must be able to certify that 

they did not begin digital broadcasting 

prior to February 8, 2006. 

In sum, NTIA will require that on 

February 8, 2006: (a) the station held 

either (1) a Construction Permit for an 

analog low-power station that was 

subsequently licensed by the FCC for 

analog broadcasts, or (2) an FCC 

broadcast license or STA for an analog 

low-power station; and (b) the station 

was not broadcasting in digital. 

3. Reimbursement 

The Act states that eligible stations 

‘‘may receive reimbursement for 


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46 Id. 

47 73 Fed. Reg. at 59,587–59,588. 

48APTS at 3. 

49 Indian Wells at 5; see also KGCS Comments at 

3 (Oct. 21, 2008). The only other suggestion was 

from KRHP, which suggested a date shortly after the 

applications were made available. KRHP at 3. 

50See the Act, supra note 1, 120 Stat. at 26. 

51For example, APTS said that stations ‘‘lack the 

capital to complete conversion projects up front 

even if they would be able to receive 

reimbursement.’’ APTS at 4. Indian Wells 

commented that ‘‘[w]e don’t think that translator 

operators like ourselves will [be] able to obtain bank 

monies without availability of, at the least, an NTIA 

financial instrument to offer as loan collateral.’’ 

Indian Wells at 2. Walla Walla stated that ‘‘[i]f we 

could know there would be a certain amount of 

grant money coming, perhaps we could take out a 

loan first, then pay it back with grant funds, but this 

idea is not necessarily good management, and 

makes us a little nervous.’’ Walla Walla at 2. See 

also Belo at 3; Hillberry at 1; WYDC/WJKP/WBGT 

Comments (WYDC) at 1 (Nov. 1, 2008); Oregon 

Public Broadcasting Comments (OPB) at 1 (June 18, 

2008). 

52WYDC at 1. 

53See APTS at 4; OAB at 5. OAB said that ‘‘any 

award which is not up front will be fruitless as the 

applicants would not have the ability to order the 

necessary replacement equipment.’’ Id. 

54NTA 1 at 2. 

55CBA at 3. 

56Cannaliato and Good at 3. 57OPB at 1. 

equipment to upgrade low-power 

television stations from analog to 

digital.’’46 While the phrase 

‘‘reimbursement’’ is not defined in 

Section 3009 of the Act, NTIA 

understands that the common usage of 

the term requires that an eventual grant 

recipient of the Upgrade Program must 

first make payments for the eligible 

costs funded by the grant, and then the 

grant recipient would receive funds to 

cover those payments from NTIA. Two 

issues related to the implementation of 

a reimbursement procedure are relevant 

to the Upgrade Program. The issue of an 

Expenditure Start Date was raised in the 

Upgrade Program Notice and discussed 

at the public meetings. A second issue, 

on the timing of the reimbursement, was 

raised in the written comments. 

Expenditure Start Date. The 

Expenditure Start Date was the primary 

issue that NTIA identified in the 

Upgrade Program Notice regarding the 

interpretation of the reimbursement 

clause of Section 3009 of the Act. NTIA 

proposed the Expenditure Start Date as 

the date after which NTIA would accept 

expenditures eligible for 

reimbursement. NTIA asked whether 

the Expenditure Start Date should be the 

date of enactment — February 8, 2006 

— or another date, and, if another date, 

which one.47

The comments NTIA received on the 

Expenditure Start Date primarily 

supported the date of enactment, 

February 8, 2006. For example, APTS 

supported that date ‘‘in order to make 

the Upgrade Program as inclusive as 

possible within the statutory language 

and not to penalize stations that have 

made early transitions.’’48 Indian Wells 

stated that setting different dates for the 

Expenditure State Date and the Date of 

Eligibility discussed earlier would be 

‘‘condoning an unnecessary paradox.’’49

NTIA believes that establishing 

February 8, 2006, as the Expenditure 

Start Date is the appropriate date to 

fulfill the purposes of the Upgrade 

Program. Using February 8, 2006, would 

fulfill Congressional intent of upgrading 

low-power stations to digital. After 

passage of the Act, many stations have 

upgraded with the expectation that their 

costs would be reimbursed under the 

Upgrade Program. Using the February 8, 

2006, date as the date after which NTIA 

will reimburse stations is consistent 

with Section 3009(b)(2) of the Act, 

which defines an eligible station as one 

‘‘that has not converted from analog to 

digital operations prior to the date of 

enactment of the Digital Television 

Transition and Public Safety Act of 

2005.’’50 Finally, the February 8, 2006, 

date would be easily understood by 

applicants and would ease NTIA’s 

administration of the program. 

Timing of the Reimbursement. 

Although not raised in the Upgrade 

Program Notice, the comments received 

by NTIA raised an issue regarding the 

timing of the reimbursement. 

Commenters were concerned that NTIA 

would require that stations expend all 

funds required for a project prior to 

obtaining NTIA’s reimbursement funds. 

Some commenters stated that the 

stations do not have the funds to 

purchase equipment and then wait for 

NTIA reimbursement.51 WYDC stated it 

most succinctly, ‘‘no need to require the 

stations to spend the funds first — they 

don’t have the money!’’52 APTS and the 

Oregon Association of Broadcasters 

(OAB) suggested that NTIA could 

advance funds ‘‘up front.’’53 NTA 

suggested that the Upgrade Program 

provide an advance of 80 percent with 

the balance paid after completion of 

work.54 CBA suggested that NTIA issue 

‘‘Reimbursement Letters of Credit’’ akin 

to a bank letter of credit, which could 

provide equipment manufacturers the 

assurance that NTIA grant funds would 

cover the cost.55 Cannaliato and Good 

proposed that NTIA issue coupons to 

stations, which would then use the 

coupons to purchase equipment from 

manufacturers.56

NTIA appreciates the conditions 

under which low-power stations operate 

and the difficulties many may have in 

raising the funds required to upgrade to 

digital operations. The Upgrade Program 

intends to assist those stations to the 

maximum extent permitted by the Act. 

The Act clearly requires, however, the 

reimbursement of costs. NTIA therefore 

can provide neither funds in advance 

nor letters of credit or coupons as these 

are other forms of advance payment. 

NTIA will issue reimbursements only 

after stations have expended funds to 

upgrade to digital operations. 

Stepped Reimbursement. OPB 

suggested that one method of 

implementing the reimbursement 

process would be ‘‘a stepped approach 

with grant money furnished in steps 

such that the small organization need 

only come up with the money for the 

first conversion. After that, the NTIA 

funds would be in effect ‘seed money’ 

for the rest as the conversion is 

accomplished.’’57 NTIA believes that 

OPB’s suggestion of a stepped approach 

for funding is consistent with the Act’s 

requirement that the Upgrade Program 

reimburse eligible costs after a station is 

upgraded to digital. Therefore, NTIA 

will hold monthly grant rounds during 

the next year so applicants have 

opportunities to file applications for 

reimbursement as soon as an upgrade is 

completed. 

During each grant round, applicants 

will be able to request reimbursement of 

eligible equipment costs for one or more 

stations that have completed the 

upgrade to digital. The application must 

include copies of the paid invoices for 

eligible equipment for each station, as 

well as a copy of each station’s FCC 

digital license, STA, FCC Form 347 

(‘‘Application for a Low Power TV, TV 

Translator or TV Booster Station 

License’’), or FCC Form 302–CA 

(‘‘Application for Class A Television 

Broadcast Station Construction Permit 

or License’’) for a license to cover a 

Construction Permit. NTIA intends to 

accept applications monthly after the 

initial Priority Round, so operators can 

routinely seek reimbursement and 

continue their station upgrades. 

These procedures will assist those 

stations that cannot raise all the funds 

they require up front for digital upgrade, 

especially those small non-profit 

organizations in rural areas targeted for 

priority by the Act, and will also ensure 

the immediate distribution of the 

maximum amount of funds to stations 

prepared to complete the digital 

upgrade of their facilities. Further 

information on application selection 

procedures are explained in Section 6. 

4. Priority Reimbursement 

The Act states that priority 

reimbursement shall be given to 


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58See the Act, supra note 1, 120 Stat. at 26. 

59 73 Fed. Reg. at 59,588. The Conversion 

Program was established under Section 3008 of the 

Act and contains language identical to Section 3009 

establishing the Upgrade Program regarding priority 

consideration (reimbursement). 

60Hillberry at 1; OAB at 3; APTS at 5; Indian 

Wells at 4; Couzens at 4; KGCS Comments (KGCS) 

at 1 (Oct. 21, 2008); Greg Best Consulting Comments 

(GBC) at 1 (Nov. 14, 2008). OPB, which 

recommended that applicants be organized under 

section 501(c)(3), supported including 

governmental bodies as non-profit organizations if 

there were ‘‘a maximum cap, so there is a chance 

that the smaller groups can get funds.’’ OPB at 3. 

61 It is a basic principle of statutory construction 

that in the absence of a statutory definition, ‘‘we 

construe a statutory term in accordance with its 

ordinary or natural meaning.’’ FDIC v. Meyer, 510 

U.S. 471, 476 (1994). 

62 Indian Wells at 4. Section 501(c)(4) of the IRS 

Code refers to social welfare organizations. 

63See the Act, supra note 1, 120 Stat. at 26. 

64For example, OAB again supported using the 

census population of the community of license for 

determining the priority reimbursement. OAB at 4. 

OPB supported city of license population. OPB at 

3. 

65APTS at 5. 

66 If the station’s coverage contour is nearly all 

within a large urban area (shown in yellow on the 

FCC’s coverage map), it will not qualify for the 

priority, even if it serves fewer than 10,000 people. 

67 KRHP at 3; KGCS at 3; but see APTS at 4. 

68See 72 Fed. Reg. at 61,112 (providing that ‘‘an 

applicant requesting priority compensation must (i) 

be a non-profit corporation; or (ii) serve fewer than 

10,000 people within the low-power station’s 50/50 

service contour’’) (emphasis added). 

‘‘eligible low-power television stations 

in which the license is held by a nonprofit corporation and eligible lowpower television stations that serve 

rural areas of fewer than 10,000 

viewers.’’58 In Upgrade Program Notice, 

NTIA identified the following issues 

regarding the interpretation of this 

requirement in Section 3009 that were 

discussed at the Public Meetings: 

Whether NTIA should: 

(1) have an exclusive period during 

which only applicants who qualify for 

the priority can apply? 

(2) establish a priority reimbursement 

category within a larger grant round? 

(3) provide additional points, if the 

grants are competitive, to those 

applicants that meet the criteria for 

priority reimbursement? 

(4) require that stations meet both 

criteria (licensee held by a non-profit 

corporation and that serve rural areas of 

fewer than 10,000 viewers) to receive 

the priority? 

(5) use the same benchmark in 

determining the priority reimbursement 

population requirement (‘‘rural areas of 

fewer than 10,000 viewers’’) as used in 

determining population eligibility 

requirement (‘‘any area of the United 

States that is not contained in an 

incorporated city or town with a 

population in excess of 20,000 

inhabitants’’)? 

(6) adopt the same requirements 

regarding priority reimbursement for the 

Upgrade Program as it adopted for the 

Conversion Program and published in 

the October 29, 2007, Federal Register 

(72 Fed. Reg. 61,109–61,114).59

Non-Profit Corporation. NTIA 

received many comments in response to 

the questions NTIA raised regarding 

implementation of the priority 

reimbursement section of the Act. Most 

of the comments received address the 

interpretation of the term ‘‘non-profit 

corporation.’’ Almost all of the 

comments on the issue recommended 

the widest possible interpretation of this 

term to include governmental units and 

other non-profit organizations that may 

not be organized as corporations.60

While NTIA understands 

commenters’ recommendations that 

NTIA consider organizations such as 

governmental subsidiaries, or 

organizations that act in a manner 

similar to non-profits, as a ‘‘non-profit 

corporation’’ for the purpose of 

receiving priority under Section 3009, 

NTIA cannot do so as a matter of law. 

Since the Act does not define the term 

‘‘non-profit corporation,’’ NTIA will use 

the common definition of the term nonprofit corporation as a corporation that 

has received a determination of nonprofit status under state or Federal 

law.61 As a general rule, state and local 

governments would not qualify for 

priority compensation unless the unit 

has a separate corporate charter and has 

received a determination of non-profit 

status. NTIA will require that applicants 

supply evidence of non-profit corporate 

status, such as an Internal Revenue 

Service (IRS) letter or other 

documentation submitted to establish 

the nature of the entity holding the 

license. Whether or not an entity has 

been organized as a non-profit 

corporation entitled to priority 

reimbursement under the Upgrade 

Program would be determined by 

review of the state, territorial, or tribal 

articles of incorporation or other 

documentation submitted to establish 

the nature of the entity holding the 

license. 

Non-profit corporations are usually 

thought of as those entities organized 

under section 501(c) of the IRS Code. 

Indian Wells raised the question of 

whether those organizations organized 

under section 501(c)(4) of the IRS Code 

are eligible for priority.62

Under a provision of the 1995 

Lobbying Disclosure Act known as the 

‘‘Simpson Amendment,’’ section 

501(c)(4) organizations that receive 

Federal funds may not engage in any 

lobbying activities, even with their own 

private funds. NTIA recognizes that 

some station licensees may be organized 

under section 501(c)(4) of the IRS Code, 

but do not engage in prohibited 

lobbying. Therefore, if an organization 

organized under 501(c)(4) certifies that 

it engages in no lobbying activities, 

NTIA will be able to accept the 

application for the Upgrade Program 

and afford the applicant priority 

reimbursement. 

Rural areas with fewer than 10,000 

people. The Act also requires that NTIA 

give priority reimbursement to ‘‘eligible 

low power television stations that serve 

rural areas of fewer than 10,000 

viewers.’’63 Comments received on this 

issue generally echoed the comments 

noted earlier in Section 1 regarding the 

determination of community 

eligibility.64 APTS recommended that 

NTIA adopt ‘‘the same benchmarks in 

determining the priority reimbursement 

population requirement as in 

determining the base eligibility 

requirement.’’65 NTIA agrees and 

believes that using the same benchmark 

would simplify the administration of 

the Upgrade Program. As discussed 

earlier in Section 1, the use of the FCC 

50/50 protected contour using the 

Longley-Rice model will provide the 

most accurate determination of the 

population within a station’s service 

area. NTIA will provide the appropriate 

population information to each 

applicant as part of the Upgrade 

Program’s application process. Those 

stations with populations under 10,000 

will be afforded priority reimbursement 

if they are in a rural area.66

Implementation of the Priority. In 

addition to determining how to 

establish the priority for reimbursement, 

NTIA must also determine how to 

implement this priority. One of the 

questions NTIA asked in the Upgrade 

Program Notice was whether NTIA 

should require that stations meet both 

criteria (i.e., where the license is held by 

a non-profit corporation and stations 

that serve rural areas of fewer than 

10,000 viewers) in order to receive the 

priority. Commenters were split on this 

issue. For example, KRHP and KGCS 

supported the need to meet both 

criteria, while APTS felt that an 

applicant need only meet one of the 

criteria.67

When NTIA implemented the priority 

provision for the Conversion Program, 

which is based on identical language 

regarding priority as the Upgrade 

Program, NTIA concluded that an 

applicant need only fulfill one category 

to be eligible for priority 

reimbursement.68 NTIA has determined 

that it is too narrow of an interpretation 


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69APTS suggested that ‘‘each grant cycle should 

begin with a 30– to 60–day period for applications 

for priority reimbursement. After that, the cycle 

should be open to all applicants.’’ APTS at 6; see 

also CBA at 3; Vegas PBS at 1. 

70 During the Conversion Program, NTIA accepted 

only applications requesting priority consideration 

during the first three months of the program. See 

72 Fed. Reg. at 61,109. 

71CBA at 3 (asserting that ‘‘[t]his proposed 50/50 

division is equitable even though the number of 

very rural translator licensees may be greater than 

the number of less rural LPTV stations because the 

technical configuration of originating LPTV stations 

makes conversion to digital significantly more 

expensive’’). 

72See the Act, supra note 1, 120 Stat. at 26. 

73 73 Fed. Reg. at 59,588. 

74See, e.g., Cannaliato and Good at 2; KGCS at 

2; KRHP at 2; OPB at 2; NTA 1 at 2; NTA Comments 

(NTA 2) at 1–2 (Nov. 17, 2008); Hillberry at 1; 

Indian Wells at 3; GBC at 3; OAB at 5; APTS at 4; 

CBA at 4; KPVM Television, Inc. Comments 

(KPVM) at 1 (Oct. 30, 2008); RTZ Systems 

Comments (RTZ Systems) at 1 (Oct. 31, 2008). 

75See Cannaliato and Good at 1; OPB at 2 

(commenting on the costs of converting different 

power levels); Hillberry at 2 and NTA 1 at 2 (both 

commenting on relative costs of modifying vs. 

replacement); NTA 1 at 2 and APTS at 4 (both 

commenting on costs of changing channels); CBA 

at 5 (commenting about originating and nonorigination stations). 

76For example, Cannaliato and Good 

recommended $500 for installation per site to cover 

mileage, technical help per diem, miscellaneous 

cables and connectors, etc. Cannaliato and Good at 

3. Other comments thought that funding installation 

costs would be desirable but not critical. OPB at 2; 

GBC at 4; KRPH at 2; Indian Wells at 3. Indian 

Wells also supported the funding of engineering 

costs in support of the FCC license. Indian Wells 

at 3. GBC supported $1,500 for engineering costs 

after two years, if funds are available. GBC at 4. 

77Cannaliato and Good at 2; Hillberry at 2; Indian 

Wells at 3 (recommending funding caps for simpler 

upgrades in the $6,000 to $10,000 range); CBA at 

5 (recommended a $12,000 cap); GBC at 4 

(recommending a $25,000 cap for simpler projects); 

APTS at 6 (recommending a $30,000 cap). See also 

Cannaliato and Good at 2; NTA 1 at 2; RTZ Systems 

at 1; Hillberry at 2; OAB at 5; CBA at 5 

(recommending a cap ranging from $20,000 to 

$25,000 for more complex projects); Indian Wells at 

4 (recommending a $10,000 cap for more complex 

projects); APTS at 5 (recommending a $40,000 cap); 

OPB at 2; GBC at 4 (recommending a $75,000 cap); 

KRPH at 1 (recommending at $150,000 cap). 

78NTA ‘‘suggested that a maximum level of 

$20,000 is a good compromise between covering all 

costs and having a reasonable level of funding 

available for all applicants.’’ NTA 1 at 2. Similarly, 

CBA states that it ‘‘believes that it to be more 

helpful to the digitization of the translator and 

LPTV industry as a whole to limit the types of 

equipment eligible for SEC. 3009 [Upgrade 

Program] reimbursement to transmission 

equipment, rather than funding anything and 

everything these stations could use in the 

digitalization conversion process.’’ CBA at 4. 

of the Act to require applicants to fulfill 

both categories to be eligible for priority 

reimbursement from the Upgrade 

Program. Therefore, as directed by the 

statute, NTIA will give priority 

reimbursement to any applicant that is 

either (1) a non-profit corporation as 

provided above, or (2) a station that 

serves fewer than 10,000 people within 

the low-power station’s 50/50 LongleyRice service contour. 

NTIA recognizes that hundreds of 

stations could qualify for priority 

reimbursement under this policy. In 

order to fulfill Congressional intent that 

the Upgrade Program provide priority 

reimbursement to stations operated by 

non-profit corporations and to those 

stations serving rural communities, 

NTIA believes that it is appropriate to 

award additional priority to stations 

meeting both criteria. As explained 

further in Section 6 on application 

selection procedures, NTIA will award 

additional priority reimbursement to 

those stations that are both (1) a nonprofit corporation as provided above, 

and (2) a station that serves fewer than 

10,000 people within the low-power 

station’s 50/50 Longley-Rice service 

contour. 

NTIA received few comments 

regarding how the priority 

reimbursement should be administered. 

Several commenters recommended that 

NTIA establish a window of 

approximately 30 to 60 days to receive 

applications requesting priority 

reimbursement, after which applications 

would be open to all qualified 

applicants.69 NTIA created such a 

window for priority applicants in the 

Conversion Program and believes that 

such a window is an effective way to 

implement the required priority 

reimbursement for the Upgrade 

Program.70 NTIA will, therefore, hold a 

Priority Round open only to those 

stations which qualify for priority 

reimbursement. 

As discussed further in Section 6 on 

the application selection procedures, 

NTIA will assign priority points to those 

stations meeting the two criteria 

discussed earlier. Awards will be based 

on the number of points a station 

receives and NTIA expects that those 

stations qualifying for priority 

reimbursement will be funded first. 

CBA asks that NTIA limit the funds 

going to priority stations to 50 percent 

of the total program funds.71 NTIA 

declines to limit the Upgrade Program 

funds to those stations that qualify for 

priority reimbursement in order to 

fulfill Congress’s intent to provide as 

much assistance as possible to stations 

operated by non-profits and those 

stations that serve rural communities. 

In sum, NTIA will award ten points 

to those stations that serve an area of 

fewer than 10,000 people and will also 

award ten points to those stations that 

are licensed to a non-profit corporation. 

First, NTIA will conduct a grant round 

restricted to those stations meeting the 

priority criteria discussed above 

(Priority Round) with a July 13, 2009 

Closing Date so stations that qualify for 

the priority can quickly receive 

reimbursement and continue their 

phased upgrade, if appropriate. After 

that Priority Round Closing Date, NTIA 

will continue to provide priority to 

those stations that meet these criteria 

during the monthly grant rounds. 

5. Eligible Equipment and Costs 

The Act states that reimbursement 

shall be given for ‘‘equipment to 

upgrade low-power television stations 

from analog to digital,’’ but does not 

provide further guidance regarding 

which equipment or costs should be 

supported by the program.72 In the 

Upgrade Program Notice, NTIA 

identified three issues regarding the 

interpretation of this provision: (1) what 

costs or equipment should be eligible 

for reimbursement under the program; 

(2) whether there should be a formula or 

a limit on the amount of funds awarded 

to a single station; and (3) if so, what 

should they be or how should they be 

determined?73

NTIA received many comments 

recommending the equipment that 

should be funded under the Upgrade 

Program, many of them with specific 

recommendations.74 While all the 

commenters supported the replacement 

of analog transmission equipment, 

several noted that upgrade costs would 

be different (1) depending on different 

transmit power levels, (2) if a station 

could modify its existing equipment 

rather than having to purchase a new 

transmitter, (3) if the station were to 

change its transmit channels, or (4) if 

the station is an originating station.75

Several commenters also raised the 

question whether the Upgrade Program 

should support installation or planning 

(engineering) costs.76

All the commenters that discussed the 

issue recommended that NTIA place a 

cap on the level of funding for grants. 

The suggested caps generally range from 

$6,000 to $10,000 for upgrade of small 

translators and up to $20,000 for more 

complex projects.77 Most of the 

commenters, including CBA and NTA, 

the two national organizations that 

represent low-power stations, 

recognized that their proposed cap was 

not intended to cover all costs, but was 

a reasonable funding level given the 

demands on the program. CBA and NTA 

both recommended caps of $20,000.78

After reviewing the comments and 

suggestions regarding the equipment the 

Upgrade Program should fund, NTIA 

determined that, due to limited funds, 

eligible equipment should be limited to 

the basic transmission equipment 

required for a low-power television, 


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22410 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Notices 

79 73 Fed. Reg. 59,588. 

80 GBC at 5; Cannaliato and Good at 1; OPB at 4; 

Vegas PBS at 1. 

81OPB at 4; KGCS at 1; KYDC at 1; Hillberry at 

1; Indian Wells at 5; Vegas PBS at 8; OAB at 6; CBA 

at 5. 

82 GBC at 5. 

83 KNXT Comments at 1 (Oct. 24, 2008). 

84APTS at 6; OPB at 4. 

85To date, NTIA has been able to award every 

qualified application to the Conversion Program a 

grant of $1,000 as originally proposed. 86Couzens at 2. 

Class A, translator, or booster station to 

broadcast a digital signal. As part of the 

application process, NTIA will provide 

applicants with two funding caps and 

corresponding listings of eligible 

equipment/costs. One listing is based on 

the modification of an existing 100 watt 

NTSC station to digital (25 watts ATSC) 

and will have an award cap of $6,000, 

as recommended by several 

commenters. The other equipment cost 

listing is based on the replacement of a 

similar 100 watt NTSC with a new 25 

watt digital unit, with a cap of $20,000 

as recommended by CBA, NTA, and 

others. NTIA has researched upgrade 

costs of basic transmission equipment 

and found that these proposed cap 

levels are a fair reflection of the upgrade 

cost to stations. Grantees will be 

permitted to exceed these equipment 

list expenditure caps to purchase 

similar, but more powerful equipment 

using their own funds. As discussed in 

Section 3, grantees will be required to 

provide NTIA with paid invoices for 

eligible equipment when submitting an 

application. 

6. Application Selection Procedures 

NTIA also raised several issues in the 

Upgrade Program Notice and public 

meetings about how NTIA should select 

grant recipients. Issues discussed 

include how applications should be 

selected for funding and whether NTIA 

should consider any of the following 

alternatives: 

(1) Uniform grants. If all 7,000 lowpower stations were eligible for the 

program, each station could receive a 

grant of approximately $9,000; if only 

half the stations were eligible for the 

program, the uniform grant would be 

approximately $18,000, etc. 

(2) First-come, first-served. NTIA 

could fund complete applications from 

otherwise eligible stations on a firstcome, first-served basis, until all funds 

are awarded. A provision would have to 

be devised to provide for the stations 

that meet the statutory requirements for 

priority reimbursement. 

(3) Competitive grant cycle. If NTIA 

were to award funds on a competitive 

basis, what selection factors and criteria 

should it establish to evaluate 

applications? 

(4) Single or multiple grant cycles. 

How many grant cycles should NTIA 

plan to award the funds during the 

authorized period fiscal year 2009 

through fiscal year 2012?79

Issues discussed also included the 

administrative matters related to the 

efficient implementation of the Upgrade 

Program, including preparation and 

submission of applications, payment of 

funds, and grantee post-award 

obligations. 

Uniform Grants and First-Come, 

First-Served Grants. The comments 

submitted express stations’ desire for a 

simple electronic application 

procedure.80 As part of this desire for a 

simple application procedure, many 

comments were supportive of NTIA’s 

issuance of uniform grants or grants 

made on a first-come, first-served basis 

and not a competitive grant program.81

GBC, however, opposed a first-come, 

first-served grant system ‘‘because 

constraints upon the resources of the 

staff of the station may result in poor 

applications or not allow the stations 

that need it most to receive program 

funding.’’82 KNXT felt that NTIA should 

give ‘‘one point for each condition met. 

Stations should be awarded grants with 

the most points getting the highest 

priority.’’83 No comments were 

received, however, on how the points 

should be assigned. Several comments 

were received recommending that 

applicants have the ability to submit 

funding requests for multiple station 

upgrades as part of a single 

application.84

NTIA cannot accept the 

recommendation that it issue uniform 

grants as it did in the Conversion 

Program. For the Conversion Program, 

NTIA’s research indicated that there 

were sufficient funds available so all 

qualified stations could receive a 

uniform grant.85 NTIA is not able to 

estimate the number of applicants 

eligible for the Upgrade Program. 

Therefore, it is unable to apply the same 

process used in the Conversion 

Program. Further, as discussed earlier in 

Section 5 on Eligible Equipment and 

Costs, the costs of upgrade will vary 

depending on a number of factors, 

including station power, channel 

selection, and whether the equipment 

can be modified or must be replaced. 

Given the limited availability of funds, 

NTIA believes that the needs of more 

stations can better be addressed if the 

caps reflect the needs of the project. 

NTIA, therefore, believes that it will be 

able to assist more stations by not 

awarding uniform grants to each station. 

In the interest of simplifying the 

program while at the same time 

responding to the needs of different 

stations, NTIA has established two 

levels of Upgrade Program awards, 

$6,000 and $20,000 as discussed earlier 

in Section 5. 

NTIA appreciates the 

recommendation that the Upgrade 

Program distribute funds on a firstcome, first-served basis. We find, 

however, that such a procedure would 

be inconsistent with the objectives of 

the program. A primary requirement of 

the Act is that NTIA provide priority 

reimbursement to stations operated by 

non-profit corporations or those that 

serve rural communities of fewer than 

10,000. NTIA cannot reconcile a firstcome, first-served grant program with 

the requirement to provide priority 

reimbursement. NTIA has, therefore, 

designed the Upgrade Program as a 

competitive grant program so that it can 

provide priority reimbursement to those 

stations that meet the objectives of the 

Act. NTIA is, however, mindful of a 

statement by Couzens that the 

application form should be a simple 

one-page form with ‘‘mechanistic go/nogo tests.’’86 NTIA agrees that the 

application process should be as easy 

and simple as possible. Applications 

will be fully reviewed by staff to ensure 

eligibility criteria, as described above, 

are met. 

Web-based Application Form. NTIA 

will use the Conversion Program 

application procedure as the basic 

model for the Upgrade Program. NTIA 

will make an Online Fillable Form 

available on the web for completion by 

all applicants. Applicants will be able to 

prepare applications for multiple 

stations on a simple Internet website. 

Information for stations will be 

automatically entered from the FCC’s 

database whenever possible and can be 

revised by the applicant. The 

application website will provide an easy 

link to other websites mentioned earlier 

for applicants to obtain FCC coverage 

maps or U.S. Census Bureau population 

data for urban areas, if needed. Finally, 

the applications must be signed and 

mailed to NTIA for receipt on or before 

the relevant closing dates indicated in 

the DATES section of this announcement. 

Because the Upgrade Program grants 

are considerably larger than the $1,000 

per station awards of the Conversion 

Program, applicants will be required to 

submit several additional forms 

required by the Department of 

Commerce, as discussed further in 

Section III, Application Procedures. 

These additional forms also will be 

available on the Upgrade Program 


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87APTS at 5. 

88CBA at 5. 

89The Upgrade Program will not be using Federal 

SF–424C, ‘‘Budget Information—Construction 

Programs,’’ which is used for projects to construct 

highways, airports, etc. 

application website, and applicant 

information will be automatically 

inserted by the application program 

when possible. For the most part, these 

additional forms will require only a 

signature certifying the applicant’s 

compliance with Departmental 

requirements. 

Length of Award Period. Since NTIA 

requires that a station complete its 

digital upgrade prior to submission of 

the application, the Upgrade Program 

will operate in a manner similar to that 

of the Conversion Program. After an 

award is made, payment and project 

close-out will proceed with a minimum 

of grantee paperwork. 

Funds Available During Fiscal Year 

2009. APTS and CBA responded to the 

issue of how NTIA should plan to award 

the funds during the authorized period 

of fiscal year 2009 through fiscal year 

2012. APTS recommended that funds be 

distributed during each of the four 

authorized fiscal years, with a majority 

of funds awarded in fiscal year 2009 ‘‘to 

encourage licensees to conduct 

expeditious transitions.’’87 CBA also 

recommended distribution of funds 

during the four fiscal years, with the 

largest amount in fiscal year 2009, 

although it also supported the 

distribution of all funds in fiscal year 

2009 ‘‘provided that this rapid 

distribution does not necessitate a 

dramatic increase in the overhead cost 

of the implementation’’ of the 

program.88

NTIA believes that the best way to 

encourage stations to upgrade to digital 

is to make all the funds in the Upgrade 

Program immediately available to 

applicants. Although an accelerated 

distribution of funds would impact 

overhead costs, NTIA believes that the 

benefit of making the reimbursement of 

funds available to the stations quickly 

would benefit the public by receiving 

the benefits of digital television 

broadcasts. NTIA, therefore, announces 

that it will fund qualified applications 

up to the full approximately $44 million 

available in the Upgrade Program. This 

Notice establishes a Closing Date for the 

Priority Round as July 13, 2009. 

Applications will then be accepted on a 

monthly basis, beginning August 10, 

2009 until all grant funds are awarded. 

Competitive Grant Program. The 

Upgrade Program will be a competitive 

grant program, but one that will use 

simplified application procedures. As 

discussed above, NTIA will assign 

points to those stations meeting the two 

priority criteria in Section 4. Also, 

points will be awarded based on the 

degree of rurality of the communities 

served as discussed in Section 1. 

Awards will be based on the number of 

points a station receives, and those 

stations qualifying for priority 

reimbursement will be funded first 

during each grant round. 

II. Award Information 

A. Eligibility 

An eligible station is a low-power 

television broadcast station, Class A 

television station, television translator 

station, or television booster station (1) 

that is itself broadcasting exclusively in 

analog format; and (2) that has not 

converted from analog to digital 

operations prior to February 8, 2006. 

In order to qualify for the Upgrade 

Program, an eligible station must 

provide service to a rural community 

that is eligible under the Act. Further 

discussion of the determination of 

eligible rural communities will be found 

in Part I, Section B.1 and Part IV, 

Section A. 

B. Funding Availability 

Approximately $44 million is 

available for grants for the Low-Power 

Television and Translator Upgrade 

Program. NTIA will provide updated 

information on a periodic basis at its 

website http://www.ntia.doc.gov/lptv 

regarding program awards and funds 

remaining for grants. 

C. Cost Share 

There are no cost share requirements 

for this program. 

III. Application Procedures 

A. Content and Form of Application 

Submission 

All applicants must use the official 

Office of Management and Budget 

(OMB)-approved Application Forms as 

listed below for the fiscal year 2009 

grant cycle. These forms include a 

combination of government-wide 

Standard Forms (SF–424, SF–424A, SF– 

424B, SF–LLL), Department of 

Commerce form (CD–511), and Upgrade 

Program form (DTV–5). 

To apply for an Upgrade Program 

grant, an applicant must file an original 

and one copy of a complete application 

in paper form or submit the application 

electronically via the Grants.gov 

website. NTIA does not accept preapplications. 

All forms required for the Upgrade 

Program application and the Online 

Fillable Form are available on the 

Internet at http://www.ntia.doc.gov/ 

lptv/Application/appform.htm. 

Applicants can complete many parts of 

the Upgrade Program application on the 

Internet using the Online Fillable Form 

found on this website. The Online 

Fillable Form requires no special 

software. Applicants will be able to 

save, edit, and print their forms. The 

software will complete all math 

operations, transfer, and place correct 

figures in appropriate locations, provide 

help for each question, and check for 

common errors. The form must be 

printed and submitted with original 

signatures. NTIA does not accept 

facsimile or email applications. 

Alternatively, you may submit your 

application electronically by completing 

the application forms available at the 

Grants.gov website. If your organization 

is not registered with the Central 

Contractor Registration, it must do so at 

http://www.ccr.gov. The e-business 

point-of-contact at your organization 

will then be able to register you as an 

authorized organization representative. 

The Grants.gov registration process 

takes three to five business days. 

Applications filed electronically 

through Grants.gov do not need the 

original signatures as required below. 

A complete application includes the 

following items: 

Information about the APPLICANT 

and the APPLICATION 

SF–424 Form, ‘‘Application for 

Federal Assistance,’’ which provides 

general information about the applicant, 

the type of project submitted, and the 

estimated project cost. This form is a 

certification and the original application 

must contain an original signature from 

an authorized representative of the 

applicant organization. 

DUNS number must be entered into 

item 8(c) of the SF–424. All applicants 

are required to provide a Dun and 

Bradstreet Data Universal Numbering 

System (DUNS) number when applying 

for Federal grants. For additional 

information, see 67 Fed. Reg. 66,177 

(Oct. 30, 2002); 68 Fed. Reg. 17,000 

(April 8, 2003). Applicants can receive 

a DUNS number at no cost by calling the 

dedicated toll-free DUNS Number 

request line 1–866–705–5711 or via the 

Internet (http://www.dnb.com). 

SF–424A Form, ‘‘Budget Information 

Non-Construction Programs.’’ This form 

is required from all applicants, in spite 

of the reference to ‘‘non-construction’’ 

programs.89 The Online Fillable Form 

will automatically prepare this form 

after the equipment sections of the 

application (DTV–5 form) are 

completed. All applicants must submit 

only page 1 of the form with 


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90The Upgrade Program will not be using Federal 

SF–424D, ‘‘Assurances for Construction Programs,’’ 

which is used for projects to construct highways, 

airports, etc. 

information on the appropriate lines in 

item 6, column 1. 

Exhibit A. If the applicant is a NonProfit Corporation, submit an IRS Letter 

or equivalent document showing your 

organization’s tax-exempt status. 

Exhibit B. Provide the following 

certifications in this Exhibit: 

Standard Form 424B, ‘‘Assurances— 

Non-Construction Programs.’’ This form 

is required from all applicants, in spite 

of the reference to ‘‘non-construction’’ 

programs, and must have an original 

signature on the second page.90

Department of Commerce Form CD– 

511, ‘‘Certification Regarding 

Lobbying.’’ This form is required from 

all applicants and must have an original 

signature. 

Standard Form LLL, ‘‘Disclosure of 

Lobbying Activities.’’ This form is 

required from all applicants that employ 

lobbyists in an effort to obtain a grant. 

Information for EACH STATION for 

which Upgrade Program Funding is 

requested. 

DTV–5 Form, ‘‘Upgrade Program 

Supplemental Application.’’ This form 

requests information specific to the 

Upgrade Program application, such as 

information for each station for which 

funding is requested, including a 

request for eligible equipment. 

Exhibit [call letters] — 1. FCC 

Documents. All applicants must submit 

a copy of the most current FCC 

authorization for the analog station that 

was upgraded and the most current FCC 

authorization for the corresponding 

completed digital station. Applicants 

that have modified an existing 

transmission system must submit a copy 

of their transmission system 

modification letter filed with the FCC 

pursuant to section 74.796(b)(5) of the 

FCC Rules, 47 C.F.R. § 74.796(b)(5). 

Exhibit [call letters] — 2. FCC 

Coverage Map. All applicants must 

provide maps of the analog station’s 

coverage area. Applicants requesting 

funds for several stations at the same 

site must supply a map for each analog 

station, since the power levels and 

service areas of the stations may be 

different. Maps of the analog station’s 

service area for stations that have built 

digital companion channels can be 

printed from the following FCC website: 

http://www.fcc.gov/mb/video/tvq.html. 

To locate the proper map, enter the 

station’s call sign. If more than one 

record appears, select the current 

license (Status = LIC). When the station 

page opens, scroll down to the record 

that is licensed, and select Area: Service 

Contour Map. The page Service Area on 

a Tiger Census Map will open. Print this 

page and submit it with the application. 

Maps of the analog station’s service area 

for stations that have flash-cut are no 

longer available from the FCC website 

and will be provided by NTIA as part 

of the Online Fillable Form and must be 

printed and submitted as part of the 

application. 

Exhibit [call letters] — 3. Rurality 

Score Worksheet or other Population 

Documentation. The Rurality Score 

Worksheet is required only from a 

station which has an urban area in its 

coverage with a population greater than 

20,000. Applicants who checked item 

15(d) on the DTV–5 form should place 

their documentation of population 

coverage here. 

Exhibit [call letters] — 4. Invoices. 

Place copies of paid invoices for the 

eligible costs in this Exhibit. 

B. Submission Dates and Times 

Completed applications for the 

Priority Round must be received at 

NTIA no later than 5 p.m., Eastern 

Daylight Time July 13, 2009, the Priority 

Round Closing Date. Applicants must 

ensure that the carrier they use 

guarantees delivery of the application 

by the Priority Round Closing Date. 

Applicants should note that all material 

sent via the U.S. Postal Service 

(including ‘‘Overnight’’ or ‘‘Express 

Mail’’) is subject to delivery delays of up 

to two weeks due to mail security 

procedures at the Department of 

Commerce. If an application is received 

after the Priority Round Closing Date 

due to (1) carrier error, when the carrier 

accepted the package with a guarantee 

for delivery by the Priority Round 

Closing Date and Time, or (2) significant 

weather delays or natural disasters, 

NTIA will, upon receipt of proper 

documentation, consider the application 

as having been received by the deadline. 

NTIA will not accept applications 

posted on the Priority Round Closing 

Date or later and received after the 

deadline. 

After August 10, 2009, applications 

for the next grant round must be 

received at NTIA by 5 p.m., Eastern 

Time, the first business day of each 

subsequent month as long as funds are 

available (Closing Dates). Applications 

received after any of the monthly 

Closing Dates will be held until the next 

grant round. 

Applicants submitting applications by 

hand-delivery are notified that all 

packages must be cleared by the 

Department of Commerce security 

office. Entrance to the Department of 

Commerce Building for security 

clearance is through entrance number 

10 on the 15th Street side of the 

building. Due to screening procedures at 

the Department of Commerce, packages 

arriving via the U.S. Postal Service are 

irradiated, which can damage the 

contents. NTIA encourages applicants to 

consider the impact of this procedure in 

selecting their application delivery 

method. 

NTIA encourages applicants who 

wish to apply through Grants.gov to 

submit their applications in advance of 

the deadline. Applications submitted 

electronically via the Grants.gov website 

must be received and logged by 

Grants.gov by 5 p.m., Eastern Daylight 

Time on the Priority Round Closing 

Date or the subsequent monthly Closing 

Dates. Difficulties encountered by 

applicants filing through Grants.gov will 

not justify filing deadline extensions. If 

a system problem occurs or you have 

technical difficulties with an electronic 

application, please use the customer 

support resources available at the 

Grants.gov website. As soon as possible 

after the Priority Round Closing Date 

and subsequent monthly Closing Dates, 

the designated Administrative Contacts 

of all applicants are sent notices by 

email that their submissions have been 

received and giving the file number 

assigned to each application by NTIA. 

Applications not received by a 

deadline will be held until the deadline 

for the next grant round for processing. 

NTIA also will hold until the next grant 

round any application that lacks 

information necessary to complete the 

processing of the application, including 

individual stations within the 

application. NTIA will inform the 

applicant of the information required to 

process the application. 

NTIA will reject and return any 

application that is materially 

incomplete or when it finds that either 

the applicant or the project is ineligible 

for funding. Applicants will be 

informed of the reason for the return of 

any application. 

C. Funding Restrictions 

1. Equipment Costs 

These grants fund only equipment 

plus installation costs when installation 

must be performed by contractors. 

Eligible equipment for the Upgrade 

Program includes the apparatus 

necessary for the upgrade of analog lowpower television stations, Class A 

television stations, translator stations 

and boosters to digital — including 

translators; mask filters; transmit 

antennas; encoders; multiplexers; 

receive antennas and lines; regenerators; 


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91The eligible equipment is shown on the online 

application form under section ‘‘Station/Site 

Specific Info,’’ item 17. The equipment you are 

eligible for will appear after you indicate your 

current transmission equipment. 

92See the discussion under Part I, Section B.1. 

Community Eligibility — Rurality Factors. 

GPS filers; surge suppressors; and 

engineering services and installation. 

A complete listing of equipment 

eligible for funding by the Upgrade 

Program is posted on the NTIA website 

at http://www.ntia.doc.gov/lptv.91 The 

website provides applicants with two 

funding levels and corresponding 

listings of eligible equipment/costs. One 

listing is based on the modification of 

an existing 100 watt NTSC station to 

digital (25 watts ATSC) and has an 

award cap of $6,000. The other 

equipment listing is based on the 

replacement of a similar 100 watt NTSC 

station with a new 25 watt digital unit, 

with a cap of $20,000. Grantees will be 

permitted to exceed these equipment 

list expenditure caps to purchase 

similar, but more powerful, equipment 

using their own funds. NTIA does not 

fund salary expenses, including staff 

installation costs. 

2. Audit Costs 

Audits must be performed in 

accordance with audit requirements 

contained in OMB Circular A–133, 

Audits of States, Local Governments, 

and Non-Profit Organizations, revised 

June 30, 1997, and as revised in the 

Federal Register on June 27, 2003. OMB 

Circular A–133 requires that non-profit 

organizations, Government agencies, 

Indian tribes, and educational 

institutions expending $500,000 or more 

in Federal funds during a one-year 

period conduct a single audit in 

accordance with guidelines outlined in 

the circular. Other audits may be 

conducted by the Office of the Inspector 

General. NTIA will fund audit costs 

only in exceptional circumstances. 

3. Indirect Costs 

Indirect costs are not supported by 

this program. 

D. Mailing and Delivery Address for 

Applications 

The mailing and delivery address for 

the Upgrade Program is: 

NTIA Upgrade Program, Room H– 

4812, U.S. Department of Commerce, 

1401 Constitution Avenue, N.W., 

Washington, DC 20230. 

Hand-deliveries of applications must 

be made through Room 1874, located at 

Department of Commerce’s entrance 

number 10 on 15th Street, N.W. 

The Upgrade Program does not accept 

facsimile submissions, but does provide 

an Online Fillable Form at its website, 

http://www.ntia.doc.gov/ptfp, and 

accepts electronic applications 

submitted through Grants.gov. Further 

information on the Online Fillable Form 

and Grants.gov is contained in Part A of 

this section, Content and Form of 

Application Submission. 

IV. Application Review Information 

A. Evaluation Criteria 

Each application that is timely 

received, is materially complete, and 

proposes an eligible project will be 

considered under the evaluation criteria 

described here. 

Each station identified in an 

application will receive a score based on 

the three evaluation criteria that were 

discussed in Part I, Funding 

Opportunity Description, and 

summarized in Section 6., Application 

Selection Procedures. 

The three criteria used to evaluate 

applications are listed below. 

(1) Degree of rurality of communities 

served: 0–10 points. 

A station whose FCC 50/50 LongleyRice coverage contour serves an area 

that does not include an urban area with 

population greater than 20,000 people 

will receive ten points. A station whose 

coverage contours include urban areas 

with a population greater than 20,000 

can receive between six and nine points. 

Stations receiving fewer than six points 

are not located in an eligible rural 

community and thus not eligible to 

participate in the Upgrade Program.92

(2) Whether the station serves fewer 

than 10,000 viewers: 10 points. 

A station serving a population within 

the FCC 50/50 Longley-Rice coverage 

contour of fewer than 10,000 people 

who are not within an urban area will 

receive ten points. 

(3) Whether the FCC license of the 

applicant is held by a non-profit 

corporation: 10 points. 

Stations whose FCC license is held by 

a non-profit corporation will receive ten 

points. 

Each station in an application can be 

assigned a maximum of 30 points. 

The Upgrade Program Online Fillable 

Form application will assist applicants 

in completing the above evaluation 

criteria. When necessary, NTIA will 

revise scores to reflect NTIA’s 

evaluation of the documentation 

presented. 

B. Review and Selection Process 

Applicants are required to complete 

the Upgrade Program Online Fillable 

Form Application (DTV–5). Once the 

required information is entered on the 

form by applicants, a numerical score 

for each of the three criteria listed above 

will be generated automatically for each 

of the applicant’s stations. NTIA staff 

will review the documentation 

submitted by the applicants in support 

of the generated scores for accuracy and 

completeness. Applications also may 

receive a technical assessment by NTIA 

engineers. 

Each station will receive a separate 

score. The NTIA staff prepares a rank 

order based on the scores and technical 

assessments and provides the Upgrade 

Program Director with funding 

recommendations. The Upgrade 

Program Director recommends the 

funding order of the applications and 

presents the recommendations to the 

Associate Administrator, Office of 

Telecommunications and Information 

Applications, for review and approval. 

The Upgrade Program Director’s 

recommendations and the Associate 

Administrator’s review and approval 

take into account the following selection 

factors: 

(a) Rank level of station scores; 

(b) The program staff 

recommendations; 

(c) The geographic distribution of the 

proposed grant awards; and 

(d) The availability of funds. 

Upon approval by the Associate 

Administrator, the Upgrade Program 

Director’s recommendations are 

presented to the Selecting Official, the 

NTIA Administrator. The NTIA 

Administrator makes final award 

selections taking into consideration the 

Upgrade Program Director’s 

recommendations and the degree to 

which the slate of applications, taken as 

a whole, satisfies the program’s stated 

purposes. 

Prior to award, applications may be 

negotiated between NTIA and the 

applicant to resolve any differences 

between the original request and what 

NTIA is willing to consider funding. 

Some applications may be dropped from 

the slate due to lack of FCC 

authorization, an applicant’s inability to 

make adequate assurances or 

certifications, or other reasons. 

Negotiation of an application does not 

ensure that a final award will be made. 

C. Anticipated Announcement and 

Award Dates 

NTIA anticipates that awards will be 

announced 30 to 90 days after the 

Priority Round Closing Date and each 

subsequent monthly Closing Date. 

V. Award Administration Information 

A. Award Notices 

Successful applicants are sent a 

standard Department of Commerce 


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22414 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Notices 

93See Department of Commerce Pre-Award 

Notification Requirements for Grants and 

Cooperative Agreements, Notice, 73 Fed. Reg. 7696 

(February 11, 2008). 

Grant Award package, ‘‘Financial 

Assistance Award’’ Form CD–450, 

containing all of the terms and 

conditions of the award. The CD–450 

signed by the grants officer is the 

authorizing document and is sent to the 

applicant’s designated Administrative 

Contact via overnight delivery service, 

thus a street address is very important 

and must be included on the first page 

of the application. Two copies of the 

CD–450 must be signed and returned to 

the National Institute of Standards and 

Technology, Grants and Agreements 

Management Division (NIST/GAMD) 

within 30 days. NIST/GAMD provides 

grant administrative services for all 

Upgrade Program grants. 

Unsuccessful applicants are 

designated ‘‘deferred’’ and will be held 

until the next grant round. Ineligible 

applications will be returned. 

B. Administrative and National Policy 

Requirements 

1. Payment of Federal Funds 

All awards are made on a 

reimbursement basis only. The 

Department will not make any payment 

under an award, until the grantee has 

returned the signed CD–450 accepting 

the award and unless and until the 

recipient complies with all relevant 

requirements. 

2. Protection of Equipment 

The grantee will comply with 15 

C.F.R. § 14.34 regarding the use, 

maintenance of records, and disposal of 

Upgrade Program funded equipment. 

VI. Agency Contacts 

Upgrade Program Officers are 

prepared to give technical assistance to 

potential applicants before the Priority 

Round Closing Date and each 

subsequent monthly Closing Date, 

within available resources. They may be 

contacted by telephone at (202) 482– 

5802, by fax at (202) 482–2156, or by 

mail at the address given in Part III D 

(NTIA Upgrade Program mailing and 

delivery address for applications), 

above. The Upgrade Program’s email 

address is lptv@ntia.doc.gov. 

The program officers, their email 

addresses, direct phone numbers, and 

their areas of responsibility are listed 

below: 

Lynn Chadwick 

(lchadwick@ntia.doc.gov, (202) 482– 

8338): Projects from States in the Upper 

Mid-West and the Rocky Mountains, 

Colorado, Kansas, Montana, Nebraska, 

Nevada, North Dakota, South Dakota, 

Utah, and Wyoming. 

Larry Dyer, (ldyer@ntia.doc.gov, (202) 

482–1762): Projects from States along 

the Pacific Coast, Alaska, California, 

Hawaii, Oregon, and Washington. 

Brian Gibbons 

(bgibbons@ntia.doc.gov, (202) 482– 

6094): Projects from the remaining 

States and U.S. Territories. 

Applicants may also contact: William 

Cooperman, Upgrade Program Director 

(wcooperman@ntia.doc.gov, (202) 482– 

5802). 

Charles Mellone, Chief Engineer 

(cmellone@ntia.doc.gov, (310) 456– 

1357): Equipment questions from all 

applicants. 

NTIAHelpdesk@ntia.doc.gov ((202) 

482–4631): Contact for electronic access 

problems. 

‘‘Frequently Asked Questions’’ about 

Upgrade Program grants and 

applications are answered online at 

http://www.ntia.doc.gov/lptv. 

Questions regarding Department of 

Commerce grant policies may be 

directed to: Joyce Brigham, NIST/GAMD 

Grants Officer (Joyce.brigham@nist.gov, 

(301) 975–6329) 

VII. Other Information 

A. FCC Authorizations 

Applications for a station only may be 

submitted by that station’s FCC licensee. 

Applicants are urged to submit their 

FCC applications with as much time 

before the Priority Round Closing Date 

or subsequent monthly Closing Date as 

possible. No grant will be awarded for 

a project without submission of a copy 

of a station’s FCC digital license, STA, 

FCC Form 347 (Application for a Low 

Power TV, TV Translator or TV Booster 

Station License), or FCC Form 302–CA 

(Application for Class A Television 

Broadcast Station Construction Permit 

or License) for a license to cover a 

Construction Permit. 

B. Department of Commerce Procedural 

Matters 

The Department of Commerce PreAward Notification of Requirements for 

Grants and Cooperative Agreements is 

applicable to this solicitation.93

C. Executive Order 12866 

This notice has been determined to be 

not significant for the purposes of 

Executive Order 12866. 

D. Executive Order 13132 (Federalism) 

It has been determined that this notice 

does not contain policies with 

Federalism implications as that term is 

defined in Executive Order 13132. 

E. Executive Order 12372 

(Intergovernmental Review) 

Applications under this program are 

not subject to the provisions of 

Executive Order 12372 

‘‘Intergovernmental Review of Federal 

Programs.’’ 

F. Administrative Procedures Act and 

Regulatory Flexibility Act 

Prior notice and an opportunity for 

public comment are not required by the 

Administrative Procedures Act, or any 

other law, for rules related to public 

property, loans, grants, benefits or 

contracts (5 U.S.C. § 553(a)(2)). Because 

prior notice and an opportunity for 

public comment are not required 

pursuant to 5 U.S.C. § 553 or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 

§ 601 et seq.) are inapplicable. 

Therefore, a regulatory flexibility 

analysis is not required and has not 

been prepared. 

G. Paperwork Reduction Act (PRA) 

The Upgrade Program includes new 

collection of information requirements 

on the DTV–5 form that are subject to 

the Paperwork Reduction Act. Upgrade 

Program application form has been 

approved by OMB under Control 

Number 0660–0029. 

The information collection will be 

used by NTIA to review applications 

from low-power television and 

translator stations requesting Federal 

assistance to purchase digital 

transmission equipment. The estimate 

in information collection burden hours 

is one hour for each station. 

Approximately 4,000 stations are 

eligible for the Federal assistance under 

the Upgrade Program. All applicants 

must use the official OMB-approved 

Application Forms as listed below for 

fiscal years 2009 through 2012 grant 

cycles. These Forms include a 

combination of government-wide 

Standard Forms (SF–424, SF–424A, SF– 

424B, SF–LLL), Department of 

Commerce form (CD–511), and Upgrade 

Program forms (DTV–5). The response 

estimates above include the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person is subject to 

a penalty for failure to comply with, an 

information collection subject to the 

PRA requirements unless that 

information collection displays a 

currently valid OMB Control Number. 


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Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Notices 22415 

Dated: May 6, 2009. 

Dr. Bernadette McGuire-Rivera, 

Associate Administrator, Office of 

Telecommunications and Information 

Applications. 

[FR Doc. E9–10961 Filed 5–11–09; 8:45 am] 

BILLING CODE 3510–60–S 


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