0660.NEW.LowPowerTV.-1

SUPPORTING STATEMENT

U.S. Department of Commerce

National Telecommunications and Information Administration

Application for the Low-Power Television and Translator

Digital-to-Analog Conversion Program

OMB Control No. 0660-xxxx

A. JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.

The Digital Television Transition and Public Safety Act of 2005 (Act) (see Title III of the Deficit Reduction Act of 2005, Public Law 109‑171, 120 Stat. 4, 21 (Feb. 8, 2006)) permits low-power television and translator stations to continue to broadcast in analog after February 17, 2009, the date on which full-power television facilities are required to convert to digital broadcasting. Most low-power television or translator stations extend the service area of a full-power television station by receiving the full-power station=s off-air signal and then rebroadcasting the programming on another channel. After the full-power television station discontinues analog broadcasting on February 17, 2009, the low-power television station must be able to receive the full-power station=s digital off-air signal.

Section 3008 of the Act directs the National Telecommunications and Information Administration (NTIA) to administer a program through which an eligible low-power television or translator station may receive compensation toward the cost of the purchase of a digital-to-analog conversion device that enables the conversion of the incoming digital signal of its corresponding full-power television station to analog format for transmission on the station=s analog channel. The program is referred to in this document as `the Conversion Program.’

As defined in the Act, 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 purchased a digital-to-analog conversion device prior to the date

of enactment of the Digital Television Transition and Public Safety Act of 2005.

Without this digital-to-analog conversion device, a low-power television and translator station will be unable to receive and rebroadcast the television signal of its corresponding full-power television station. As a result, consumers will be unable to view television programming currently broadcast by these stations. Over 8,000 low-power television and translator stations provide the only television service for many rural areas of the country.

Section 3008 of the Act further directs that NTIA provide priority compensation to those eligible stations in which the license is held by a non-profit corporation or that serve rural areas of fewer than 10,000 viewers.

The information collection will be used by NTIA to receive applications from low-power television and translator stations requesting Federal assistance to purchase digital-to-analog conversion devices. The applications will be used by NTIA to determine the eligibility of applicant stations to receive funds from the Conversion Program and to determine those stations eligible for priority compensation.

This is a limited duration program. Each station is eligible to receive one grant only and, by law, all applications must be submitted to NTIA on or before February 17, 2009.

Another section of the Act, Section 3009, directs NTIA to administer a related program through which an eligible low-power television and translator station may receive

reimbursement for equipment to upgrade the low-power station=s facilities from analog to digital (referred to as the Upgrade Program). Inasmuch as the eligibility requirements for the Conversion and Upgrade programs are similar, the information collection requests optional information which will assist NTIA in planning for the Upgrade Program.

2. Explain how, by whom, how frequently, and for what purpose the information will be used. If the information collected will be disseminated to the public or used to support information that will be disseminated to the public, then explain how the collection complies with all applicable Information Quality Guidelines.

The information will be collected via an application submitted by operators of low-power television and translators stations. This is a limited duration program and the information will be collected one-time-only as each station is eligible to receive only one grant. The information will be used solely for the purpose of providing grant assistance to the applicant through the Conversion Program, to assist NTIA in planning for the Upgrade Program, and to prevent, fraud, waste and duplication in the administration of both programs.

The information will not be disseminated to the public. NTIA=s Information Quality Guidelines do not apply.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological techniques or other forms of information technology.

NTIA anticipates the use of a web-based application system.

4. Describe efforts to identify duplication.

This information collection is unique to this program and is not available from another source. It is not possible to determine the number of low-power television and translator stations that will apply for the program.

5. If the collection of information involves small businesses or other small entities, describe the methods used to minimize burden.

Many applicants are small entities and the information requested has been kept to a minimum to ensure that they are able to comply with the least possible burden. Applicants which operate more than one station will only need to enter the information identifying the applicant a single time.

6. Describe the consequences to the Federal program or policy activities if the collection is not conducted or is conducted less frequently.

This Federal program cannot operate without this information collection. Without this Federal assistance, millions of households that rely on broadcasts from low-power and translator stations, located primarily in rural areas, will lose access to television after February 17, 2009.

7. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines.

The data collection is consistent with OMB guidelines.

8. Provide a copy of the PRA Federal Register notice that solicited public comments on the information collection prior to this submission. Summarize the public comments received in response to that notice and describe the actions taken by the agency in response to those comments. Describe the efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and record keeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

A notice was published in the Federal Register on May 7, 2007, page 25152, soliciting public comments on the information collection. No comments were received.

NTIA staff has conducted meetings with members of the broadcasting industries affected by this program, the National Translator Association and the Community Broadcasters Association. Additionally, information about the program, including proposed eligibility and application requirements, was placed on the NTIA Internet site. No comments were received.

9. Explain any decisions to provide payments or gifts to respondents, other than remuneration of contractors or grantees.

Not applicable.

10. Describe any assurance of confidentiality provided to respondents and the basis for assurance in statute, regulation, or agency policy.

In collecting this information, NTIA complies with the Privacy Act of 1974 and the Freedom of Information Act.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.

The information collection does not contain any questions of a sensitive nature.

12. Provide an estimate in hours of the burden of the collection of information.

Estimate of Respondents = 4,000.

Estimate of Time Per Response = 1/2 hour.

Estimate of Burden Hours = 2,000.

13. Provide an estimate of the total annual cost burden to the respondents or record-keepers resulting from the collection (excluding the value of the burden hours in #12 above).

The cost to respondents will, in most cases, be part of the organization=s normal cost of doing business. It is not expected that substantial cost will be incurred specifically because of the Program=s application requirements. No technical reports, such as audited financial statements requiring outside preparation, are required as part of the application process.

14. Provide estimates of annualized cost to the Federal government.

The annual budget for administration of the Low-Power and Translator Digital-to-Analog Conversion Program is $500,000. This includes activities for application solicitation, review, approval, processing, and monitoring. Staff costs cannot be broken out separately by function of application processing because individuals supported by this budget are involved in all of these activities.

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB 83-I.

This is a new information collection thus no program changes or adjustments.

16. For collections whose results will be published, outline the plans for tabulation and publication.

Not applicable. NTIA will not publish the data collected.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons why display would be inappropriate.

Not applicable.

18. Explain each exception to the certification statement identified in Item 19 of the OMB 83-I.

Not applicable.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

The collection of information will not employ statistical methods.

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