REG 47 CFR PART 301-2010 DIGITAL-TO-ANALOG CONVERTER BOX COUPON PROGRAM published at 75 FR 59101 Sept 27 2010 .pdf

1、781 PART 300MANUAL OF REGULA-TIONS AND PROCEDURES FOR FEDERAL RADIO FREQUENCY MANAGEMENT AUTHORITY: 47 U.S.C. 901 et seq., Executive Order 12046 (March 27, 1978), 43 FR 13349, 3 CFR 1978 Comp., p. 158. 300.1 Incorporation by reference of the Manual of Regulations and Pro-cedures for Federal Radio Fr

2、e-quency Management. (a) The Manual of Regulations and Procedures for Federal Radio Fre-quency Management (hereinafter re-ferred to as the NTIA Manual) is issued by the Assistant Secretary of Com-merce for Communications and Infor-mation, and is specifically designed to cover the Assistant Secretary

3、s fre-quency management responsibilities pursuant to delegated authority under 47 U.S.C. 901 et seq. and Executive Order 12046 (March 27, 1978). (b) The federal agencies shall comply with the requirements set forth in the January 2008 edition of the NTIA Man-ual, as revised through May 2010, which i

4、s incorporated by reference with ap-proval of the Director, Office of the FEDERAL REGISTER in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. (c) The NTIA Manual is scheduled for revision in January, May, and Sep-tember of each year. The revisions are submitted to the Director of the Fed-eral Reg

5、ister for Incorporation by Ref-erence approval. Notices of these changes are printed in the FEDERAL REGISTER. The NTIA Manual is avail-able from the Superintendent of Docu-ments, U.S. Government Printing Of-fice, Washington, DC 20402, by referring to Catalog Number 903008000008. A reference copy of

6、the NTIA Manual, in-cluding all revision in effect, is avail-able in the Office of Spectrum Manage-ment, 1401 Constitution Avenue, NW., Room 1087, Washington, DC 20230, or call William Mitchell at (202) 4828124. The NTIA Manual is available online at http:/www.ntia.doc.gov/osmhome/redbook/ redbook.h

7、tml. The NTIA Manual is on file at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741 6030, or go to: http:/www.archives.gov/ federallregister/ codeloflfederallregulations/ ibrllocations.html. 58 FR 44136, Aug. 19, 19

8、93, as amended at 69 FR 18803, Apr. 9, 2004; 74 FR 16796, Apr. 13, 2009; 74 FR 31639, July 2, 2009; 75 FR 6819, Feb. 11, 2010; 75 FR 54791, Sept. 9, 2010 PART 301DIGITAL-TO-ANALOG CONVERTER BOX COUPON PRO-GRAM published at 75 FR 59101, Sept. 27, 2010. Sec. 301.1 Program purposes. 301.2 Definitions.

9、301.3 Household eligibility and application process. 301.4 Coupons. 301.5 Manufacturers technical approval process. 301.6 Retailer participation. 301.7 Waiver of household eligibility. TECHNICAL APPENDIX 1 TECHNICAL APPENDIX 2 AUTHORITY: Title III of the Deficit Reduc-tion Act of 2005, Pub. L. No. 1

10、09171, 120 Stat. 4, 21 (Feb. 8, 2005) (47 U.S.C. 309 note); DTV Delay Act, Pub. L. No. 1114, 123 Stat. 112 (Feb. 11, 2009); American Recovery and Rein-vestment Act of 2009, Pub. L. No. 1115, 123 Stat. 115 (Feb. 17, 2009). SOURCE: 72 FR 12116, Mar. 15, 2007, unless otherwise noted. EFFECTIVE DATE NOT

11、E: At 75 FR 59101, Sept. 27, 2010, part 301 was removed, effective November 9, 2010. 301.1 Program purposes. Pursuant to section 3005 of the Act, (The Deficit Reduction Act of 2005), the purpose of the Digital-to-Analog Con-verter Box Coupon Program is to pro-vide $40 coupons that can be applied to-

12、wards the purchase price of eligible digital-to-analog converter boxes. After February 17, 2009, the Federal Communications Commission will re-quire that all full-power television sta-tions in the United States broadcast using digital television technology. Consumers who wish to continue to re-ceive

13、 local broadcast television pro-gramming over-the-air using analog televisions not connected to cable or satellite service may wish to purchase digital-to-analog converter boxes in order to do so. VerDate Mar2010 11:43 Jan 07, 2011 Jkt 220204 PO 00000 Frm 00791 Fmt 8010 Sfmt 8010 E:TEMP220204.XXX 22

14、0204rmajette on DSK29S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-782 47 CFR Ch. III (10110 Edition) 301.2 301.2 Definitions. Act means Title III of the Deficit Re-duction Act of 2005, Pub. L. No. 109171, 120 Stat. 4, 21 (Feb. 8,

15、 2006). Agency means the National Tele-communications and Information Ad-ministration of the United States De-partment of Commerce or its con-tractor. Assisted living facility means a public facility, proprietary facility, or facility of a private nonprofit corporation that: is licensed by the State

16、 and makes available to residents supportive serv-ices to assist the residents in carrying out activities of daily living, such as bathing, dressing, eating, getting in and out of bed or chairs, walking, going outdoors, using the toilet, laundry, home management, preparing meals, shopping for person

17、al items, obtaining and taking medication, managing money, using the telephone, or per-forming light or heavy housework, and which may make available to residents home health care services, such as nursing and therapy; and provides sep-arate dwelling units for residents, each of which may contain a

18、full kitchen and bathroom, and which includes com-mon rooms and other facilities appro-priate for the provision of supportive services to the residents of the facility. Certified retailer means a seller of Coupon-Eligible Converter Boxes di-rectly to consumers that has met the requirements for certi

19、fication and has been identified by NTIA as certified to redeem coupons. Contingent funds means those funds referenced in Section 3005 (c)(3) of the Act. Coupon means a voucher provided by the Agency to Eligible Households which only may be used to purchase a Coupon-Eligible Converter Box from a Cer

20、tified Retailer. CouponEligible Converter Box (CECB) means a stand-alone device that does not contain features or functions ex-cept those necessary to enable a con-sumer to convert any channel broad-cast in the digital television service into a format that the consumer can display on a television re

21、ceiver de-signed to receive and display signals only in the analog television service. CECBs may also include remote con-trol devices. CECBs must have the fea-tures required by, and meet the tech-nical performance specifications listed in Technical Appendix 1. Department means the United States Depa

22、rtment of Commerce. Eligible household means those House-holds in the United States and its ter-ritories that make a valid request for a coupon pursuant to Rule 301.3 within the time period specified by NTIA, but no later than March 31, 2009. FCC means the Federal Communica-tions Commission. State i

23、ncludes each of the fifty states, the District of Columbia, the Common-wealth of Puerto Rico, the Virgin Is-lands, Guam, American Samoa, and the Northern Mariana Islands. Household consists of all persons who currently occupy a house, apartment, mobile home, group of rooms, or single room that is oc

24、cupied as separate liv-ing quarters and has a separate U.S. Postal address. A household does not mean a Post Office Box. Intermediate care facility means a pro-prietary facility or facility of a private nonprofit corporation or association li-censed by the State for the accommo-dation of persons who

25、, because of inca-pacitating infirmities, require min-imum but continuous care but are not in need of continuous medical or nurs-ing services. Nursing home means a public facility, proprietary facility or facility of a pri-vate nonprofit corporation or associa-tion, licensed by the State for the ac-

26、commodation of convalescents or other persons who are not acutely ill and not in need of hospital care but who re-quire skilled nursing care and related medical services, in which such nursing care and medical services are pre-scribed by, or are performed under the general direction of, persons lice

27、nsed to provide such care or services in ac-cordance with the laws of the State where the facility is located. Nursing home resident means an indi-vidual who lives on a permanent basis at a Nursing Home, Intermediate Care Facility, or Assisted Living Facility. A Nursing Home Resident does not have a

28、 permanent address that is separate from the Nursing Home, Intermediate VerDate Mar2010 11:43 Jan 07, 2011 Jkt 220204 PO 00000 Frm 00792 Fmt 8010 Sfmt 8010 E:TEMP220204.XXX 220204rmajette on DSK29S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license f

29、rom IHS-,-,-783 Natl Telecom. and Info. Admin., Commerce 301.5 Care Facility, or the Assisted Living Facility. 72 FR 12116, Mar. 15, 2007, as amended at 73 FR 54333, Sept. 19, 2008 301.3 Household eligibility and appli-cation process. (a) To apply for and receive a coupon, an Eligible Household must

30、: (1) Provide the name of the person submitting the request (2) A Post Office Box will not be con-sidered a valid mailing address unless the applicant supplies information to identify the physical location of the household, as required. (3) Indicate the number of coupons requested, but no more than

31、two cou-pons. (b) As of January 1, 2008, requests for coupons may be submitted by mail, telephone or the Internet on forms pro-vided by the Agency. (c) Requests for coupons must be sub-mitted to the Agency no later than July 31, 2009. (d) Once Contingent Funds are avail-able for the Coupon Program,

32、only over-the-air households will be eligible. During the period in which Contingent Funds are available, households must certify that they do not receive cable, satellite, or other pay television serv-ice. (e) A household may request one re-placement coupon for each coupon that was issued to such h

33、ousehold and that expired without being redeemed. A re-quest for a replacement coupon must otherwise be made in accordance with this section. (f) If the Agency deems it appro-priate, NTIA may prioritize the dis-tribution of coupons to households that have certified that they do not receive cable, sa

34、tellite or other pay television service. (g) If an applicant does not meet the above eligibility requirements, the re-quest will be denied. 72 FR 12116, Mar. 15, 2007, as amended at 73 FR 54333, Sept. 19, 2008; 74 FR 10688, Mar. 12, 2009 301.4 Coupons. (a) The coupon value will be $40 or the price o

35、f the CECB, whichever is less. (b) Each Eligible Household will be limited to a total of two coupons. (c) Two coupons may not be used in combination toward the purchase of a single CECB. (d) Coupons will be sent to Eligible Households via the United States Post-al Service or by other means as deter-

36、mined by the Agency. (e) Coupons expire 90 days after the issuance date. Issuance date means the date upon which the coupon is placed with the United States Postal Service or the date upon which the Agency oth-erwise forwards the coupon to the re-questing household. (f) Consumers may not return a CE

37、CB to a retailer for a cash refund for the coupon amount or make an ex-change for another item unless it is an-other CECB. (g) The coupon has no cash value. It shall be illegal to sell, duplicate or tamper with the coupon. 72 FR 12116, Mar. 15, 2007, as amended at 74 FR 10688, Mar. 12, 2009 301.5 Ma

38、nufacturers technical ap-proval process. (a) Manufacturers wishing to partici-pate in the coupon program must sub-mit a notice of intent to NTIA at least three months prior to submitting test results and sample models of converter boxes. Notices should be sent to DTV Converter Coupon Program, NTIA/

39、OTIA, U.S. Department of Commerce, Room 4809, Washington, DC 20230, Fax Number 2024824626 and provide the name, title, address, and phone number of an individual responsible for the manufacturers submission. The notice shall also include a brief description of the proposed converter box, including p

40、ermitted as well as required features, and the date which the proposed con-verter box is expected to be available for testing. (b) NTIA shall treat the notices of in-tent received as business confidential and proprietary information and will not release information from the no-tices of intent to the

41、 public unless oth-erwise required by law. (c) The manufacturer will supply two production sample converter boxes to NTIA. NTIA will provide the manufac-turer with mailing information in a VerDate Mar2010 11:43 Jan 07, 2011 Jkt 220204 PO 00000 Frm 00793 Fmt 8010 Sfmt 8010 E:TEMP220204.XXX 220204rmaj

42、ette on DSK29S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-784 47 CFR Ch. III (10110 Edition) 301.6 letter of acknowledgment after NTIA receives the notice of intent. (d) Each model proposed to be a CECB shall meet the performance

43、 spec-ification and features set forth in Tech-nical Appendix 1 of this Section. Each model proposed may also include per-mitted features set forth in Technical Appendix 2, but shall not include dis-qualifying features set forth therein. (e ) NTIA may issue other guidance or test-bed conditions and

44、it is the manufacturers responsibility to con-duct tests pursuant to any guidance so provided. A manufacturer shall con-duct its own tests or have a qualified independent third party conduct the tests. (f) Reports of test conditions and test results must be clear and comprehen-sive so that they can

45、be easily inter-preted by NTIA and others reviewing them. The FCC may test converter boxes, if requested by NTIA. (g) Test results shall be submitted to NTIA along with a certification of the testing supervisor as to their authen-ticity, completeness and accuracy based on personal knowledge. (h) NTI

46、A will provide prompt notice to the individual submitting test re-sults whether the model has met tech-nical approval and is or is not a CECB. NTIA will base its decision whether to approve each converter box upon con-sultation with the FCC. (i) A list of CECBs, including make and model number, will

47、 be maintained by NTIA and regularly distributed to participating retailers for use in elec-tronic Point-of-Sale (POS) systems. (j) It is the responsibility of the man-ufacturers to resolve any performance or product defect issues with con-sumers and retailers. (k) NTIA shall not warrant the per-for

48、mance, suitability, or usefulness of any CECB for any use. 301.6 Retailer participation. Retailer participation is voluntary. NTIA encourages retailers to partici-pate in the Coupon Program and to co-operate with NTIA and its contractor in the administration of an effective and efficient program res

49、ulting in high customer satisfaction with a minimum of waste, fraud and abuse. (a) Retailer Obligations: Certified Re-tailers are required to redeem valid coupons toward the purchase of CECBs, and (1) Must have systems in place that are capable of electronically processing coupons for redemption and payment, tracking each and every transaction, and generating reports that are easily auditable. (2) Must train employees on the pur-pose and oper