[Federal Register: December 11, 2002 (Volume 67, Number 238)]
[Rules and Regulations]
[Page 76105-76106]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de02-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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[[Page 76105]]
LOCAL TELEVISION LOAN GUARANTEE BOARD
7 CFR Part 2200
Local Television Loan Guarantee Board; Procedural Rules
AGENCY: Local Television Loan Guarantee Board.
ACTION: Final rule.
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SUMMARY: On December 21, 2000, the President signed into law Public Law
106-553, the Federal Funding Act for Fiscal Year 2001. Title X of Pub.
L. 106-553, entitled the Launching our Communities' Access to Local
Television Act of 2000 (``LOCAL TV Act'' or ``Act'') established the
LOCAL Television Loan Guarantee Board (``Board''). The Board is
authorized to guarantee loans to facilitate access, on a
technologically neutral basis, to signals of local television stations
for households located in nonserved or underserved areas. By this
action, the Board is publishing its rules of procedure.
EFFECTIVE DATE: December 11, 2002.
FOR FURTHER INFORMATION CONTACT: Jacqueline G. Rosier, Secretary, LOCAL
Television Loan Guarantee Board, 1400 Independence Avenue, SW, Stop
1541, Room 2919-S, Washington, DC 20250-1541. Telephone: 202-720-0530;
FAX: 202-720-2734; E-Mail: jrosier@rus.usda.gov.
SUPPLEMENTARY INFORMATION: On December 21, 2000, the President signed
into law Public Law 106-553, the Federal Funding Act for Fiscal Year
2001. Title X of Pub. L. 106-553, the LOCAL TV Act, established the
Board. The Board is authorized to guarantee loans to facilitate access,
on a technologically neutral basis, to signals of local television
stations for households located in nonserved or underserved areas. The
Board is comprised of the Chairman of the Board of the Federal Reserve
System, and the Secretaries of Commerce, Agriculture, and the Treasury,
or their designees. The Act states that an individual may be designated
a member of the Board only if the individual is an officer of the
United States pursuant to an appointment by the President, by and with
the advice and consent of the Senate. Individuals have been designated
as Board members for each of the agencies represented on the Board. The
LOCAL TV Act does not, however, designate a chair of the Board.
The regulations promulgated by this action establish procedural
rules of the Board. The Board adopted these regulations at its first
meeting.
These procedural rules have several key components. Because the Act
does not designate a chair, these procedures require that, at the first
meeting of the Board, a chair be named. This has occurred, with the
designee of the Department of the Treasury unanimously named as chair.
The procedural rules require that all decisions and determinations of
the Board be made by an affirmative vote of not less than three members
of the Board. The procedural rules require the Board to appoint a
Secretary, who will be responsible for sending notice of all meetings,
preparing minutes of all meetings, maintaining a complete record of all
votes and actions taken by the Board, and publishing documents in the
Federal Register upon approval of the Board. Finally, these procedural
rules make clear that all communication with the Board by any party or
parties interested in any matter pending before the Board shall be
conducted through staff. Moreover, these rules provide that any
communication between such a parties and a member of the Board will be
a matter of public record.
This rule relates to agency organization, procedure, and practices,
and therefore, pursuant to 5 U.S.C. 553, notice of proposed rule making
and opportunity for comment are not required. In addition, because no
notice of proposed rule making is required pursuant to 5 U.S.C. 553, or
any other law, the requirements of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq., are inapplicable. Further, it has been determined
that this rule is not a significant regulatory action for the purposes
of Executive Order 12866.
List of Subjects in 7 CFR Part 2200
Loan programs--Communications, Rural areas, Telecommunications,
Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, chapter XX of title 7 of
the Code of Federal Regulations is established to read as follows:
CHAPTER XX--LOCAL TELEVISION LOAN GUARANTEE BOARD
PART 2200--LOCAL TELEVISION LOAN GUARANTEE BOARD PROCEDURES
Sec.
2200.1 Definitions.
2200.2 Purpose and scope.
2200.3 Composition of the Board.
2200.4 Authorities of the Board.
2200.5 Offices.
2200.6 Meetings and actions of the Board.
2200.7 Officer and staff responsibilities.
2200.8 Ex parte communications.
2200.9 Amendments.
2200.10 [Reserved]
Authority: 47 U.S.C. 1101 et seq.; Pub. L. 106-553; Pub. L.107-
171.
Sec. 2200.1 Definitions.
(a) Act means the Launching Our Communities' Access to Local
Television Act of 2000, Title X of Public Law 106-553, 114 Stat. 2762A-
128.
(b) Administrator means the Administrator of the Rural Utilities
Service of the United States Department of Agriculture.
(c) Board means the Launching Our Communities' Access to Local
(LOCAL) Television Loan Guarantee Board.
Sec. 2200.2 Purpose and scope.
This part is issued by the Board pursuant to Section 1004 of the
Act. This part describes the Board's organizational structure and the
means and rules by which the Board takes actions.
Sec. 2200.3 Composition of the Board.
The Board consists of the Secretary of the Treasury, the Chairman
of the Board of Governors of the Federal Reserve System, the Secretary
of Agriculture, and the Secretary of Commerce, or their respective
designees. An individual may be designated a member of the Board only
if the individual is an officer of the United States pursuant to an
appointment by the President, by and with the advice and consent of the
Senate.
[[Page 76106]]
Sec. 2200.4 Authority of the Board.
The Board is authorized to guarantee loans in accordance with the
provisions of the Act and procedures, rules, and regulations
established by the Board; to make the determinations authorized by the
Act; and to take such other actions as are necessary to carry out its
functions in accordance with the Act.
Sec. 2200.5 Offices.
The principal offices of the Board are at the U.S. Department of
Agriculture, Rural Utilities Service, Room 2919-S, Stop 1541; 1400
Independence Ave., SW.; Washington, DC 20256-1590.
Sec. 2200.6 Meetings and actions of the Board.
(a) Chair. At its initial meeting, the Board shall select a Chair
by an affirmative vote of not less than three members of the Board.
(b) Place and frequency. The Board meets, on the call of the Chair,
in order to consider matters requiring action by the Board. Time and
place for any such meeting shall be determined by the members of the
Board.
(c) Quorum and voting. Three voting members of the Board constitute
a quorum for the transaction of business. All decisions and
determinations of the Board shall be made by an affirmative vote of not
less than three members of the Board. All votes on determinations of
the Board required by the Act shall be recorded in the minutes. A Board
member may request that any vote be recorded according to individual
Board members.
(d) Agenda of meetings. To the extent practicable, an agenda for
each meeting shall be distributed to members of the Board at least two
days in advance of the date of the meeting, together with copies of
materials relevant to the agenda items.
(e) Minutes. The Secretary shall keep minutes of each Board meeting
and of action taken without a meeting, a draft of which is to be
distributed to each member of the Board as soon as practicable after
each meeting or action. To the extent practicable, the minutes of a
Board meeting shall be corrected and approved at the next meeting of
the Board.
(f) Use of conference call communications equipment. Any member may
participate in a meeting of the Board through the use of conference
call, telephone or similar communications equipment, by means of which
all persons participating in the meeting can simultaneously speak to
and hear each other. Any member so participating in a meeting shall be
deemed present for all purposes. Actions taken by the Board at meetings
conducted through the use of such equipment, including the votes of
each member, shall be recorded in the usual manner in the minutes of
the meetings of the Board.
(g) Actions between meetings. When, in the judgment of the Chair,
circumstances occur making it desirable for the Board to consider
action when it is not feasible to call a meeting, the relevant
information and recommendations for action may be transmitted to the
members by the Secretary and the voting members may communicate their
votes to the Chair in writing (including an action signed in
counterpart by each Board member), electronically, or orally (including
telephone communication). Any action taken under this paragraph has the
same effect as an action taken at a meeting. Any such action shall be
recorded in the minutes.
(h) Officers and staff of the Board. The Board shall appoint a
Secretary and may appoint such other officers and staff as it deems
appropriate, including an Executive Director and a Legal Counsel. An
individual may hold more than one officer or staff position.
(i) Delegations of authority. The Board may delegate authority,
subject to such terms and conditions as the Board deems appropriate, to
officers and staff to take certain actions not required by the Act to
be taken by the Board. All delegations shall be made pursuant to
resolutions of the Board and recorded in writing, whether in the
minutes of a meeting or otherwise. Any action taken pursuant to such
delegated authority has the effect of an action taken by the Board.
Sec. 2200.7 Officer and staff responsibilities.
(a) Executive Director. The Executive Director advises and assists
the Board in carrying out its responsibilities under the Act, provides
general direction with respect to the administration of the Board's
actions, directs the activities of the staff, and performs such other
duties as the Board may require.
(b) Legal Counsel. The Legal Counsel provides legal advice relating
to the responsibilities of the Board and performs such other duties as
the Board may require.
(c) Secretary. The Secretary sends notice of all meetings, prepares
minutes of all meetings, maintains a complete record of all votes and
actions taken by the Board, has custody of all records of the Board,
has authority to publish documents in the Federal Register upon
approval of the Board and performs such other duties as the Board may
require.
(d) Other. The responsibilities of any other officer or staff shall
be defined by the Board at the time of appointment of such position.
Sec. 2200.8 Ex parte communications.
Communication with the Board shall be conducted through the staff
of the Board. Oral or written communication, not on the public record,
between the Board, or any member of the Board, and any party or parties
interested in any matter pending before the Board concerning the
substance of that matter is prohibited.
Sec. 2200.9 Amendments.
The Board's rules may be adopted or amended, or new rules may be
adopted, only by the affirmative vote of not less than three members of
the Board. Authority to adopt or amend these rules may not be
delegated.
Sec. 2200.10 [Reserved]
Dated: October 31, 2002.
Jacqueline Rosier,
Secretary, LOCAL Television Loan Guarantee Board.
[FR Doc. 02-31055 Filed 12-10-02; 8:45 am]
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