82 FR 43844 - Repeal of Regulations Governing the Public Telecommunications Facilities Program

DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration

Federal Register Volume 82, Issue 181 (September 20, 2017)

The National Telecommunications and Information Administration (NTIA) is repealing its regulations governing the Public Telecommunications Facilities Program (PTFP). The PTFP was a competitive grant program that helped public broadcasting stations, state and local governments, Indian Tribes, and nonprofit organizations to construct public television and radio stations. As of Fiscal Year 2011, no funds have been available for PTFP grants. NTIA is repealing its regulations governing the PTFP because the regulations are unnecessary and obsolete.

[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Rules and Regulations]
[Pages 43844-43845]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20012]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

15 CFR Part 2301

[Docket No. 170627596-7803-02]
RIN 0660-AA34


Repeal of Regulations Governing the Public Telecommunications 
Facilities Program

AGENCY: National Telecommunications and Information Administration, 
U.S. Department of Commerce.

ACTION: Final rule.

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SUMMARY: The National Telecommunications and Information Administration 
(NTIA) is repealing its regulations governing the Public 
Telecommunications Facilities Program (PTFP). The PTFP was a 
competitive grant program that helped public broadcasting stations, 
state and local governments, Indian Tribes, and nonprofit organizations 
to construct public television and radio stations. As of Fiscal Year 
2011, no funds have been available for PTFP grants. NTIA is repealing 
its regulations governing the PTFP because the regulations are 
unnecessary and obsolete.

DATES: This rule becomes effective on September 20, 2017.

FOR FURTHER INFORMATION CONTACT: Milton Brown, Deputy Chief Counsel, 
National Telecommunications and Information Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Room 4713, 
Washington, DC 20230; telephone: (202) 482-1816; facsimile: (202) 501-
8013; or email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The PTFP was a competitive grant program that supports the planning 
and construction of public telecommunications facilities.\1\ The 
program helped public broadcasting stations, state and local 
governments, Indian Tribes, and nonprofit organizations to construct 
public television and radio stations. On November 8, 1996, NTIA issued 
a final rule entitled, ``Public Telecommunications Facilities 
Program,'' to carry out its statutory responsibility to administer the 
PTFP.\2\ The regulations outlined the PTFP grant application 
requirements, the evaluation and selection process, post-award 
requirements, and the completion of PTFP grant projects. Between Fiscal 
Years 1994 and 2010, NTIA awarded between $14 and $42 million each year 
in PTFP grant awards to assist radio, television, digital television 
including digital conversion projects, and distance learning.
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    \1\ The PTFP is authorized under the Public Telecommunications 
Financing Act of 1978, as amended, 47 U.S.C. 390-393, 397-399b.
    \2\ 61 FR 57966 (Nov. 8, 1996). (The rules were codified at 47 
CFR part 2301).
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    For the past seven years, no funds have been available for PTFP 
grants. In 2010, the Department of Commerce found that the majority of 
PTFP grants had assisted digital television conversion projects which 
had concluded, and that support for public broadcasters was available 
from other sources.\3\ For these reasons, the Department of Commerce 
identified the PTFP as ``outdated, ineffective, or duplicative.'' \4\ 
Accordingly, Congress appropriated no funds for PTFP in Fiscal Year 
2011.\5\
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    \3\ See Commerce, Justice, Science, and Related Agencies 
Appropriations for Fiscal Year 2011: Hearing before the Subcommittee 
on Commerce, Justice, Science, and Related Agencies of the Senate 
Committee on Appropriations, 111th Cong. 12, 22 (Mar. 4, 2010).
    \4\ Id. at 12.
    \5\ See Department of Defense and Full-Year Continuing 
Appropriations Act of 2011, Pub. L. 112-10, sec. 1320 (Apr. 15, 
2011) (``Notwithstanding section 1101, the level of the following 
accounts shall be $0: `Department of Commerce, National 
Telecommunications and Information Administration, Public 
Telecommunications Facilities Planning and Construction' ''). In the 
2014 appropriation, Congress rescinded $8.5 million from the NTIA 
PTFP account. Consolidated Appropriations Act, 2014, Pub. L. 113-76, 
sec. 524(a) (Jan. 17, 2014) (``Of the unobligated balances available 
for `Department of Commerce, National Telecommunications and 
Information Administration, Public Telecommunications Facilities, 
Planning and Construction,' $8,500,000 is hereby rescinded'').

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[[Page 43845]]

    As a result of the lack of funding, NTIA began the orderly shutdown 
of the PTFP thereafter. NTIA has not processed applications or awarded 
any additional grants under the PTFP since that time. NTIA has 
continued to monitor PTFP grants it awarded before Fiscal Year 2011 to 
ensure taxpayer funds have been utilized in the most responsible and 
efficient manner.

II. Comments

    On July 18, 2017, NTIA published a Notice of Proposed Rulemaking 
(NPRM) in the Federal Register seeking comment on its proposed repeal 
of regulations governing the PTFP. NTIA did not receive any comments in 
response to the NPRM.

III. Repeal of Regulations for the Public Telecommunications Facilities 
Program

    Congress authorized NTIA to establish regulations ``as may be 
necessary to carry out'' the PTFP.\6\ Due to the lack of funding for 
seven years and no prospective funding for the PTFP, the regulations 
governing the PTFP are unnecessary and obsolete. If these regulations 
are not removed, it may suggest that the program is still active and 
may cause confusion regarding the status of the program. Accordingly, 
NTIA is repealing its regulations governing the PTFP.
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    \6\ 47 U.S.C. 392(e).
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Administrative Procedure Act

    The Final Rule relates solely to the repeal of grant program 
processes, and, as such, is not subject to the requirements of the 
Administrative Procedure Act, 5 U.S.C. 553(a)(2).

Congressional Review Act

    It has been determined that this final rule is not major under 5 
U.S.C. 801 et seq.

Executive Order 12866

    The repeal of the regulations governing the PTFP is not a 
significant regulatory action as defined by Executive Order 12866.

Executive Order 13132

    The repeal of the regulations governing the PTFP does not contain 
policies with federalism implications sufficient to warrant preparation 
of a federalism assessment under Executive Order 13132.

Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the repeal of regulations governing the PTFP would 
not have a significant impact on a substantial number of small entities 
in accordance with section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 605(b)). NTIA received no comments on the certification, which 
remains unchanged.

Paperwork Reduction Act

    The repeal of the regulations governing the PTFP contains no 
collections of information. Therefore, clearance by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1995 
is not required. In 2013, OMB approved NTIA's requests to discontinue 
the following collections associated with the regulations governing the 
PTFP: OMB Control Numbers 0660-0003, 0660-0001, and 0605-0001; 
consequently, NTIA has no active collections associated with its 
regulations governing the PTFP.

Lists of Subjects in 15 CFR Part 2301

    Administrative procedure, Grant programs-communications, Reporting 
and recordkeeping requirements, Telecommunications.

0
For the reasons stated above, and under the authority of 47 U.S.C. 390-
393 and 397-399b, NTIA is removing and reserving 15 CFR part 2301.

PART 2301--[REMOVED AND RESERVED]

    Dated: September 15, 2017.
Leonard Bechtel,
Director of Administration and Chief Financial Officer, performing the 
non-exclusive duties of the Assistant Secretary for Communications and 
Information, National Telecommunications and Information 
Administration.
[FR Doc. 2017-20012 Filed 9-19-17; 8:45 am]
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