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entitled 'Local TV Act: Progress Made, but Timeliness and Cost 
Accounting Issues Need to be Addressed' which was released on October 
31, 2003.

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GAO Highlights:

Highlights of GAO-04-134, a report to the Committee on Banking, 
Housing and Urban Affairs, United States Senate and the Committee on 
Financial Services, House of Representatives 

Why GAO Did This Study:

The LOCAL TV Act required that GAO perform an annual audit of the (1) 
administration of the provisions of the Act, and (2) financial 
position of each applicant who receives a loan guarantee under the 
Act, including the nature, amount, and purpose of investments made by 
the applicant. In fiscal year 2002, the LOCAL TV Program was funded; 
however, because it was not fully implemented in that year, there were 
no loan guarantee applicants for GAO to audit. Therefore, this report 
primarily addresses whether program administration during fiscal year 
2002 satisfied the provisions of the Act.

What GAO Found:

In December 2000, the Congress passed the Launching Our Communities’ 
Access to Local Television Act of 2000 (LOCAL TV Act or Act). The Act 
created the Local Television Loan Guarantee Program (Program or LOCAL 
TV Program) and established the Local Television Loan Guarantee Board 
(Board) to approve guaranteed loans, totaling no more than $1.25 
billion, to finance projects that will provide local television access 
to households with limited over-the-air television broadcast signals 
or cable service. The Board is comprised 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 designees. The Department of Agriculture (USDA) 
Rural Utilities Service serves as Program Administrator 
(Administrator).
 
The LOCAL TV Program has not been established in an expeditious 
fashion as specified by the Act. Given that funds were appropriated in 
November 2001, thus starting the clock on the 120 days allowed for 
completing program regulations and underwriting criteria, the Program 
should have been ready for implementation by March 2002. According to 
the Board and Administrator, three factors contributed to program 
delays: (1) initial uncertainties over program funding, (2) inadequate 
dedicated staff resources for program activities, and (3) the decision 
to issue a proposed rule. As of the end of August 2003, neither of 
these key documents, which provide the overall framework for the 
Program, was ready for implementation, thus delaying lending 
activities and ultimately, realization of improved television 
reception in target areas throughout the United States. 

Further, the full costs of administering the Program, including those 
incurred by the respective agencies and departments providing support 
to the Board, were not accumulated and charged to the program as 
called for by federal accounting standards. Statement of Federal 
Financial Accounting Standard No. 4, Managerial Cost Accounting 
Standards requires federal agencies to capture the costs of federal 
programs to assist the Congress in authorizing, modifying, and 
discontinuing programs and to provide agencies with reliable cost data 
for making informed managerial decisions and evaluating performance. 
Further, the capacity to capture these costs going forward is key to 
fully recovering certain costs of administering the Program through 
loan application and loan guarantee origination fees. 

What GAO Recommends:

GAO is making recommendations to the Board that it work with the 
Administrator to help ensure that (1) program regulations and 
underwriting criteria are issued expeditiously, and (2) loan 
application and origination fees are sufficient to cover certain costs 
of administering the Program and that these costs are accumulated, 
documented, and reported in accordance with federal accounting 
standards. In response, the Board stated that every effort is being 
made to ensure that the program regulations and underwriting criteria 
are issued expeditiously and that as applications are received, it 
will account for administrative expenses in accordance with federal 
accounting standards.

www.gao.gov/cgi-bin/getrpt?GAO-04-134.

To view the full product, including the scope and methodology, click 
on the link above. For more information, contact McCoy Williams at 
(202) 512-6906 or williamsm1@gao.gov.

[End of section]

Report to Congressional Committees:

October 2003:

LOCAL TV ACT:

Progress Made, but Timeliness and Cost Accounting Issues Need to be 
Addressed:

GAO-04-134:

Contents:

Letter: 

Results in Brief: 

Background: 

Scope and Methodology: 

The LOCAL TV Program Has Not Been Implemented in a Timely Manner: 

Policies and Procedures Needed as a Basis for Collecting User Fees Have 
Not Been Established: 

Conclusions: 

Recommendations: 

Agency Comments and Our Evaluation: 

Appendixes:

Appendix I: Comments from the LOCAL TV Board: 

Appendix II: GAO Contacts and Staff Acknowledgments: 

GAO Contacts: 

Acknowledgments: 

Table :

Table 1: Summary Estimate of Other Administrative Costs Incurred by the 
Working Group During Fiscal Year 2002 to Implement the LOCAL TV 
Program: 

Figures: 

Figure 1: Entities Involved in Implementing the LOCAL TV Program: 

Figure 2: Timeline for Key Activities to Implement the LOCAL TV Program: 

Abbreviations: 

Letter October 31, 2003:

The Honorable Richard C. Shelby 
Chairman 
The Honorable Paul S. Sarbanes 
Ranking Minority Member 
Committee on Banking, Housing and Urban Affairs 
United States Senate:

The Honorable Michael G. Oxley 
Chairman 
The Honorable Barney Frank 
Ranking Minority Member 
Committee on Financial Services 
House of Representatives:

Today, approximately 23.4 million households in the United States have 
limited or no access to local television broadcast signals. To 
facilitate access to local television stations for households located 
in nonserved and underserved[Footnote 1] areas, the Congress passed the 
Launching Our Communities' Access to Local Television Act of 2000 
(LOCAL TV Act or Act).[Footnote 2] The Act created the LOCAL Television 
Loan Guarantee Program (Program or LOCAL TV Program). The Program 
provides for loan guarantees of up to 80 percent of loans totaling no 
more than $1.25 billion to finance projects to enable local television 
access to communities where distance and topography limit access to 
over-the-air television broadcast signals or cable service. The Act 
established the LOCAL Television Loan Guarantee Board (Board), which is 
comprised 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 designees, 
primarily to approve loan guarantees and the Department of Agriculture 
(USDA) Rural Utilities Service (RUS) as Program Administrator 
(Administrator) to issue and administer approved loan guarantees.

This report addresses the Act's requirement that we perform an annual 
audit of the (1) administration of the provisions of the Act and (2) 
financial position of each applicant who receives a loan guarantee 
under the Act, including the nature, amount, and purpose of investments 
made by the applicant. Because the Program was not funded during fiscal 
year 2001, we agreed with your offices that we would revisit the 
mandate in fiscal year 2002. The Program was funded in fiscal year 
2002; however, because it was not fully implemented in that year, there 
were no loan guarantee applicants for GAO to audit. Therefore, this 
report primarily addresses whether program administration during fiscal 
year 2002 satisfied the provisions of the Act.

Results in Brief:

The LOCAL TV Program has not been established in an expeditious fashion 
as specified by the Act. Given that funds were appropriated in November 
2001, thus starting the clock on the 120 days allowed for completing 
program regulations and underwriting criteria, the Program should have 
been ready for implementation by March 2002. According to Board and RUS 
officials, three factors contributed to program delays: (1) initial 
uncertainties over program funding, (2) inadequate dedicated staff 
resources for program activities, and (3) the decision to issue a 
proposed rule. As of the end of August 2003, neither of these key 
documents, which provide the overall framework for the Program, was 
ready for implementation, thus delaying lending activities and 
ultimately, realization of improved television reception in target 
areas throughout the United States.

Total costs of administering the Program, including those incurred by 
the respective departments and agencies providing support to the Board, 
were not accumulated and charged to the Program as called for by 
federal accounting standards. Statement of Federal Financial Accounting 
Standard No. 4, Managerial Cost Accounting Standards requires federal 
agencies to capture the cost of federal programs to assist the Congress 
in authorizing, modifying, and discontinuing programs and to provide 
agencies with reliable cost data for making informed managerial 
decisions and evaluating performance. The capacity to capture these 
costs going forward is key to satisfying federal accounting standards 
and fully recovering certain costs of administering the Program through 
loan application and loan guarantee origination fees.

:

We are making recommendations to the Board and the Administrator to 
help ensure that (1) program regulations and underwriting criteria are 
issued expeditiously, and (2) loan application and loan guarantee 
origination fees are sufficient to cover, but not exceed, certain costs 
of administering the Program.

In commenting on a draft of this report, the Board stated that every 
effort is being made to ensure that program regulations and the 
underwriting criteria are issued expeditiously. The Board further 
stated that as it begins accepting applications, it will ensure that 
the recording of administrative expenses adheres to managerial cost 
accounting concepts in accordance with federal accounting standards and 
related guidance. For additional information see the Agency Comments 
and Our Evaluation section of this report and appendix I.

Background:

The Launching Our Communities' Access to Local Television Act of 2000 
created a guaranteed loan program to facilitate access to signals of 
local television stations for households located in nonserved and 
underserved areas of the United States. The Act established the LOCAL 
Television Loan Guarantee Board (Board) whose primary function is to 
approve loan guarantees to finance projects to provide local television 
access for communities in remote areas throughout the United States. 
The Board is authorized to approve loan guarantees up to 80 percent of 
the aggregate value of each loan. The Board may not approve loan 
guarantees after December 31, 2006,[Footnote 3] and the aggregate of 
all loans guaranteed may not be more than $1.25 billion. The repayment 
of the loan(s) is required to be made with a term of the lesser of 25 
years from the date of the execution of the loan or the economically 
useful life of the primary assets to be used in the delivery of the 
signal involved.

The Act set forth specific provisions and requirements for the Board to 
implement this new program. Specifically, the Act required the Board 
to: (1) direct the Administrator to prescribe regulations within 120 
days after the Congress appropriated funds, (2) develop underwriting 
criteria in consultation with the Director, Office of Management and 
Budget (OMB) and an independent public accounting firm (IPA) within 120 
days after the Congress appropriated funds, (3) establish and collect 
loan application and loan guarantee origination fees[Footnote 4] to 
offset the cost of administering the Program under the Act, including 
the costs of the Board and the Administrator,[Footnote 5] and (4) 
consider other numerous specialized technical and business requirements 
prior to approving a loan guarantee.

In addition to developing the regulations, the Act directed RUS, an 
agency of the Department of Agriculture's Rural Development, to issue 
and administer loan guarantees that have been approved by the Board. 
This is consistent with RUS's mission of administering loan and grant 
programs, including those to finance projects so rural areas can have, 
among other things, more modern affordable electricity, 
telecommunications, public water, and waste removal services.

Based on authority granted in the Act, the Board established a Working 
Group, consisting of senior level officials from the various 
departments and agencies that represent the Board, to assist it with 
activities to implement the Program. The costs incurred by the Working 
Group members to support the Board have been borne by the respective 
departments and agencies from within their existing budgetary resources 
(i.e., salaries and expense appropriations or accounts).

Although the Act was passed on December 21, 2000, which required the 
establishment of program regulations and underwriting criteria, initial 
funding for the Program was not provided until November 2001 through 
the Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2002.[Footnote 6] The Act provided 
$258 million in loan guarantee authority and $2 million for 
administrative expenses. Later in the fiscal year, two additional 
pieces of legislation[Footnote 7] resulted in USDA receiving 
approximately a combined $1.07 billion in loan guarantee authority 
available for providing access to local TV stations through direct 
broadcast satellite (DBS) or some other means.

Figure 1 illustrates the relationships between the Congress, federal 
entities involved in implementing the LOCAL TV Program, and the public.

Figure 1: Entities Involved in Implementing the LOCAL TV Program:

[See PDF for image]

[End of figure]

Scope and Methodology:

To determine how the provisions of the Act were administered, we 
focused primarily on program activities and related obligations and 
administrative expenses that were incurred on behalf of the Program 
during fiscal year 2002. We analyzed the LOCAL TV Act to obtain an 
understanding of its provisions and reviewed legislation concerning the 
Program's funding. We obtained and evaluated information from the LOCAL 
TV Board including its internal operating regulations, minutes from 
Board meetings, the IPA's technical and price proposals, the 
solicitation to obtain information related to the legal advisory 
services for the Board, and other budget and cost information to obtain 
an understanding of the activities that occurred to implement the 
Program during fiscal year 2002. We reviewed OMB circulars and federal 
accounting standards, as applicable. We did not independently verify or 
audit the cost data we obtained from the Board. We did not review the 
proposed regulations or draft underwriting criteria because they were 
not made available to us while OMB was completing its review. We 
conducted our work from February 2003 through August 2003 in accordance 
with generally accepted government auditing standards.

We requested comments on a draft of this report from the Chairman of 
the Board and the Department of Agriculture. The Department of 
Agriculture chose to have the Board incorporate its views into the 
Board's overall response. The Board's comments are discussed in the 
Agency Comments and Our Evaluation section of this report and are 
reprinted in appendix I. The Board also provided technical comments on 
our draft report, which we incorporated as appropriate.

The LOCAL TV Program Has Not Been Implemented in a Timely Manner:

Under the requirements of the authorizing legislation and the timing of 
the available appropriation, the Board was to have had the program 
regulations and underwriting criteria completed and ready to implement 
within 120 days after funding was available. Since funds were 
appropriated in November 2001, the target time frame was March 2002. 
However, as of the end of August 2003, neither of these key documents 
had been finalized. Since these documents provide the overall framework 
for the Program, including operating procedures and lending criteria, 
lending activities cannot proceed.

Figure 2 provides a chronology of the key activities pertaining to the 
Act and its implementation as discussed in the following paragraphs.

Figure 2: Timeline for Key Activities to Implement the LOCAL TV 
Program:

[See PDF for image]

[End of figure]

The Act established the Board for the primary purpose of approving loan 
guarantees. Further, the Act required, prior to the Board's approving 
loan guarantees, that (1) the Board approve regulations prescribed by 
RUS that provide the overall operating procedures for the Program, and 
(2) the Board, in consultation with the Director, OMB, and an 
independent public accounting firm, develop underwriting criteria 
relating to the guarantees, including appropriate collateral and cash 
flow levels. Each of these key documents was to be completed 120 days 
after program funding was provided, which, given the timing of the 
appropriations, would have been over a year ago.

According to Board and RUS officials, three factors contributed to 
program delays: (1) initial uncertainties over program funding, (2) 
inadequate dedicated staff resources for program activities, and (3) 
the decision to issue a proposed rule. Each of these reasons is 
discussed in the following paragraphs.

In the fiscal year 2002 appropriation approved in November 2001, the 
Congress provided $258 million in initial loan guarantee authority for 
the Program and $2 million for administrative costs.[Footnote 8] RUS 
officials told us that they had deferred action on developing the 
Program at that time because the $258 million in loan guarantee 
authority was insufficient to fund the technology needed to implement 
the Program. In April 2002, RUS issued a Notice of Inquiry in the 
Federal Register to obtain information needed to assist in drafting the 
proposed regulations such as changes in technology or new developments 
in the industry. In the notice, RUS specifically requested comments on 
the proposed merger of two major DBS providers that, if approved, could 
have noticeably affected the Program and virtually fulfilled the Act's 
purpose. However, any substantial movement on the Program was delayed 
until the Farm Bill was passed on May 13, 2002,[Footnote 9] when RUS 
believed that sufficient funding for the Program was available.

The Board determined that it needed the $2 million in appropriated 
funds to procure the statutorily required IPA as well as other outside 
consultants and experts needed to implement and administer the Program. 
Therefore, the Working Group members have been supporting the Board as 
a collateral duty. Because the members have been unable to focus 
exclusively on Board activities, this resulted in further program 
delays.

The Board held its first meeting on September 13, 2002, and on 
September 26, 2002, awarded a $677,000 contract to Ernst and Young, an 
independent public accounting firm, to assist in drafting the 
underwriting criteria. As of 
the end of fiscal year 2002, approximately $1.3 million of the $2 
million remained available for contracting with outside 
consultants.[Footnote 10]

The third contributing factor to the delay of the Program was the 
Board's September 2002 decision to issue a proposed rule[Footnote 11] 
to provide the public an opportunity to comment on the proposed 
regulations to ensure that the Program's objectives and mission were 
consistent with congressional intent. Although the Act did not 
explicitly require formal rulemaking procedures, the Board believed it 
necessary given the complex and precedential issues raised in the 
statute. On February 7, 2003, the Board submitted the underwriting 
criteria to OMB for consultation. The first draft of the proposed 
operating regulations was submitted to OMB on May 5, 2003. OMB approved 
the draft regulations on August 8, 2003, and the Board issued the 
proposed rule in the Federal Register on August 15, 2003, with a 
closing date of September 15, 2003. The Board will issue a final rule 
after considering and incorporating comments from the public and 
receiving OMB's approval of any revisions to the proposed rule. The 
Board plans to begin accepting loan guarantee applications once the 
final rule is issued. The Board stated they believe this process will 
begin by February 2004.

Policies and Procedures Needed as a Basis for Collecting User Fees Have 
Not Been Established:

Total costs of administering the Program, including those incurred by 
the respective departments and agencies providing support to the Board, 
were not accumulated and charged to the Program. Statement of Federal 
Financial Accounting Standard No. 4, Managerial Cost Accounting 
Standards (SFFAS No. 4) requires federal agencies to capture the costs 
of federal programs to assist the Congress in authorizing, modifying, 
and discontinuing programs and to provide agencies with reliable cost 
data for making informed managerial decisions and evaluating 
performance. Also, if relevant costs of administering the Program are 
not accumulated, the Board will not be able to support the 
establishment of loan application and loan guarantee origination fees 
that are sufficient to recover, but not exceed, certain costs of 
administering the Program.

According to SFFAS No. 4, costs of federal resources required by 
programs are an important factor in making policy decisions related to 
program authorization, modification, and discontinuation.[Footnote 12] 
SFFAS No. 4 also states that to fully account for the costs of the 
goods and services they produce, reporting entities should include the 
cost of goods and services received from other entities.[Footnote 13] 
Further, the standard states that, "Ideally, all inter-entity costs 
should be recognized. This is especially important when those costs 
constitute inputs to government goods or services provided to non-
federal entities for a fee or user charge. The fees and user charges 
should recover the full costs of those goods and services."[Footnote 
14]

During fiscal year 2002, the Board did not have a process in place to 
fully accumulate and report costs, including those of the IPA, the 
Board, and Working Group in conformance with SFFAS No. 4. As mentioned 
earlier, in fiscal year 2002, the Congress appropriated $2 million for 
costs to implement the Program, which the Board decided to use 
exclusively for an IPA and other consulting services. During fiscal 
year 2002, the Working Group participated in a number of organizational 
meetings, coordinated the Board's initial meeting, and participated as 
technical evaluation staff on the procurement for the IPA. The Working 
Group also worked with Ernst and Young to develop the underwriting 
criteria and with the Board to assist in the development of the program 
regulations and other procurement activities. Because the Board did not 
request additional funding in fiscal year 2002 to support Working Group 
activities, the respective departments and agencies of the Working 
Group members absorbed these costs. We requested that the Board 
estimate the costs that the Working Group incurred during fiscal year 
2002 in support of the Program's administrative activities. The Board 
estimated that the Working Group incurred $78,000 in administrative 
expenses. Table 1 provides a summary of these cost estimates.

Table 1: Summary Estimate of Other Administrative Costs Incurred by the 
Working Group During Fiscal Year 2002 to Implement the LOCAL TV 
Program:

Entity representing the Board: USDA/Rural Utilities Service; Estimated 
costs incurred FY 2002: $53,586.

Entity representing the Board: Department of the Treasury; Estimated 
costs incurred FY 2002: 11,202.

Entity representing the Board: Department of Commerce; Estimated costs 
incurred FY 2002: 8,506.

Entity representing the Board: Federal Reserve Board; Estimated costs 
incurred FY 2002: 5,155.

Entity representing the Board: Total estimated costs; Estimated costs 
incurred FY 2002: $78,449.

Source: GAO analysis based on data obtained from the Board. Information 
is unaudited.

[End of table]

Without accumulating and reporting the costs of administering the 
Program, the Board will not comply with SFFAS No. 4 or have the cost 
information needed to make informed decisions about the Program. The 
Board acknowledged that if the costs incurred by the Working Group were 
accumulated and reported, it would more accurately reflect the total 
cost of this program.

More importantly, the Act directed the Board to charge and the 
Administrator to collect loan guarantee application and origination 
fees to cover, but not exceed, certain costs of administering the 
Program such as reviewing and approving applications. The Board has 
proposed in its draft regulations an application fee of $10,000 to 
$40,000, depending on the size of the loan, and a loan guarantee 
origination fee equal to the lesser of 2 percent of the loan amount or 
$500,000. Without knowing the costs of administering the Program, the 
Board cannot determine whether the aggregate amount of fees collected 
is sufficient to recover, but not exceed, certain costs of 
administering the Program. It is expected that the Board will approve a 
small number of loans; therefore, it has a limited opportunity to 
charge the appropriate fees.

Conclusions:

The LOCAL TV Program has not been implemented within the time frames 
specified in the LOCAL TV Act. Notwithstanding considerable delays 
already incurred, it is important that the Board begin to put the 
Program in operation in an expedient fashion. Further delays in 
completing regulations and underwriting criteria will postpone lending 
activities necessary to carry out the Program. Additionally, without 
instituting cost accounting practices in conformance with federal 
accounting standards, the Board will not have the information needed to 
manage and report on the Program or to support the full recovery of 
certain Program costs. If the Board does not set adequate fees, a 
government subsidy to program applicants may result.

Recommendations:

To help ensure future timely implementation of the Program, we 
recommend that the Board and the Administrator work collaboratively to 
issue the Program regulations and underwriting criteria in an 
expeditious manner.

To help ensure better program management and that loan application and 
loan guarantee origination fees are sufficient to fully cover certain 
costs of administering the Program, we recommend that the Board and the 
Administrator develop a process to ensure that future costs of the 
Program are accumulated, documented, and reported in accordance with 
federal accounting standards and related guidance.

Agency Comments and Our Evaluation:

In written comments on a draft of this report, the Board described its 
plans for implementing our recommendations. The Board stated that it 
continues to work with the Administrator and every effort is being made 
to ensure that the Program regulations and underwriting criteria are 
issued expeditiously. Further, the Board informed us that as it begins 
accepting applications, it will ensure that administrative expenses 
adhere to managerial cost accounting concepts in accordance with 
federal accounting standards and related guidance. The Board also 
provided technical comments on our draft report, which we incorporated 
as appropriate.

We are sending copies of this report to the Secretaries of Agriculture, 
Commerce, and Treasury, and the Chairman of Board of Governors of the 
Federal Reserve System, members of the Local Television Loan Guarantee 
Board, and the Director, Office of Management and Budget. We will also 
make copies available to others upon request. In addition, the report 
will be available at no charge on the GAO Web site at [Hyperlink, 
http://www.gao.gov.] h [Hyperlink, http://www.gao.gov] ttp://
www.gao.gov.

Should you or your staff have any questions on matters discussed in 
this report, please contact me at (202) 512-6906 or by email at 
[Hyperlink, williamsm1@gao.gov] w [Hyperlink, williamsm@gao.gov] 
illiamsm1@gao.gov or Alana Stanfield, Assistant Director, at (202) 512-
3197 or [Hyperlink, stanfielda@gao.gov] s [Hyperlink, 
stanfielda@gao.gov] tanfielda@gao.gov. Major contributors to this 
report are acknowledged in appendix II.

[See PDF for image]

[End of figure]

McCoy Williams 
Director 
Financial Management and Assurance:

[End of section]

Appendixes: 

Appendix I: Comments from the LOCAL TV Board:

LOCAL Television Loan Guarantee Board 
Room 2919-S, Stop 1575 
1400 Independence Ave., S.W. 
Washington, DC 20250-1575:

October 20, 2003:

Mr. McCoy Williams 
Director:

Financial Management and Assurance 
General Accounting Office:

Room 5089 441 G St. NW Washington, D.C. 20548:

Dear Mr. Williams:

The General Accounting Office (GAO) recently asked the LOCAL Television 
Loan Guarantee Board (the Board) for the Board's comments on the GAO 
draft report to Congressional Committees on the administration of the 
provisions of the "Launching Our Communities' Access to Local 
Television Act of 2000." In response to this request, on behalf of the 
Board, I am hereby submitting the Board's comments on the report. (See 
enclosure).

I hope this information is helpful. Please do not hesitate to contact 
me if GAO has any questions concerning the Board's comments on the 
report or any issue involving the LOCAL Television Loan Guarantee 
Program.

Sincerely,

Signed by: 

Brian C. Roseboro:  

Chairman:

Enclosure:

LOCAL Television Loan Guarantee Board Comments on GAO's Recommendations 
in the Draft GAO Report on the LOCAL TV Act:

To help ensure future timely implementation of the Program, we 
recommend that the Board and the Administrator work collaboratively to 
issue the program regulations and underwriting criteria in an 
expeditious manner.

The Board continues to work with the Administrator and every effort is 
being made to ensure that the program regulations and underwriting 
criteria are issued expeditiously. We note that the statute required 
the Board to procure the service of an independent public accounting 
firm to develop underwriting criteria and other such matters as the 
Board considers, appropriate. Timing was therefore compromised because 
the Board followed Federal procurement law in procuring the services of 
the independent public accounting firm. Timing was further compromised 
because of the need to develop the underwriting criteria in accordance 
with the proposed regulations.

The proposed rules were published on August 15, 2003. We received a 
number of comments that are currently under review. We anticipate that 
the final rules will be issued shortly.

To help ensure better program management and that loan application and 
loan guarantee origination fees are sufficient to fully cover certain 
costs of administering the Program as authorized by the Act, we 
recommend the Board and the Administrator develop a process to ensure 
that future costs of the Program are accumulated, documented and 
reported in accordance with federal accounting standards and related 
guidance.

The Board has used the $2 million appropriated for the program's 
administrative expenses to procure an independent public accounting 
firm, as required by the statute, as well as outside legal counsel 
which the Board requires to implement and administer the Program. These 
funds have been accounted for through the usual government procurement 
process. To ensure that the implementation of the program continued in 
an expeditious manner, the Board decided that all other administrative 
expenses would be bome by the respective Departments and agencies that 
comprise the Board from within their existing funds and resources. In 
each case, this spending was consistent with the responsibilities of 
the member agencies under the Act.

As the Board begins to accept applications, it will ensure that these 
administrative expenses adhere to managerial cost accounting concepts 
in accordance with federal accounting standards and related guidance.

[End of section]

Appendix II: GAO Contacts and Staff Acknowledgments:

GAO Contacts:

McCoy Williams, (202) 512-6906 				
Alana Stanfield, (202) 512-3197:

Acknowledgments: 

In addition to those named above the following individuals made 
important contributions to this report: Lisa Crye, Jeff Isaacs, Jeff 
Jacobson, Jason Kelly, Hannah Laufe, and Christina Quattrociocchi.

(190054):

FOOTNOTES

[1] The Act defines nonserved areas and underserved areas in terms of 
the ability to receive local television broadcast signals serving a 
particular designated market area. Nonserved areas do not have access 
to such signals by any commercial, for-profit multichannel video 
provider. Underserved areas have access to local television broadcast 
signals from not more than one commercial, for-profit multichannel 
video provider.

[2] Pub. L. No. 106-553, Title X, Dec. 21, 2000.

[3] The Board may stop approving loan guarantees the earlier of (1) the 
date the Secretary of Agriculture determines that at least 75 percent 
of the designated market areas (DMAs) not in the top 40 DMAs have 
access to local television broadcast signals (as determined by the 
Secretary) or (2) December 31, 2006. (P.L. 107-171, §6404, May 13, 
2002).

[4] The Board shall charge and the Administrator may collect the loan 
guarantee origination fee with respect to the issuance of a loan 
guarantee under this Act.

[5] The authority of the Board to charge and use the fees is effective 
only to the extent provided in advance in appropriation acts.

[6] Pub. L. No. 107-76, Title III, Nov. 28, 2001.

[7] Farm Security and Rural Investment Act of 2002, Pub. L. No. 107-
171, May 13, 2002, and the 2002 Supplemental Appropriations Act for 
Further Recovery from and Response to Terrorist Attacks on the United 
States, Pub. L. No. 107-206, Aug. 2, 2002.

[8] Pub. L. 107-76, Title III, Nov. 28, 2001. 

[9] Farm Security and Rural Investment Act of 2002, Pub. L. No. 107-
171, May 13, 2002.

[10] The Consolidated Appropriations Resolution, 2003, Pub. L. No. 108-
7, Feb. 20, 2003, provided that any balances available from prior years 
for the Rural Utilities, Rural Housing, and the Rural Business-
Cooperative Services salaries and expenses accounts be transferred and 
merged with the fiscal year 2003 appropriation. Pursuant to this 
provision, the balance of the $2 million appropriated in fiscal year 
2002 was carried forward to fiscal year 2003. The pending Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act for 2004 contains similar language as that found in 
the 2003 appropriation. 

[11] The purpose of the proposed rule was to establish eligibility and 
guarantee requirements, the application and approval process, and the 
administration of guarantees approved by the Board. Further, it 
proposed the process under which the Board will consider applications.

[12] SFFAS No. 4, para. 39.

[13] SFFAS No. 4, para. 105.

[14] SFFAS No. 4, para. 111.

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