This is the accessible text file for GAO report number GAO-06-858R 
entitled 'LOCAL Television Act: Status of Spending for Fiscal Year 
2005' which was released on July 10, 2006. 

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July 7, 2006: 

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: 

Subject: LOCAL Television Act: Status of Spending for Fiscal Year 2005: 

In December 2000, the Congress passed the Launching Our Communities' 
Access to Local Television Act of 2000 (LOCAL TV Act).[Footnote 1] The 
act created the Local Television Loan Guarantee Program and established 
the LOCAL Television Loan Guarantee Board to finance projects to 
provide access to signals of local television stations to households in 
areas with limited or no access to such signals from a commercial, for-
profit satellite service or other multichannel video provider. The 
program authorizes the board to approve loan guarantees up to 80 
percent of loans, totaling no more than $1.25 billion in aggregate; 
however, since inception of the program, no loan guarantees have been 
approved and the program has not been utilized. 

Section 1006 of the act requires 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. In April 2005, we issued to your committees our required 
annual report[Footnote 2] covering fiscal year 2004. Since there 
continue to be no loan guarantee recipients for GAO to audit, this 
report primarily addresses whether program administration during fiscal 
year 2005 satisfied the provisions of the act. 

To determine the status of the $2 million appropriation for 
administrative expenses and the working group costs incurred during 
fiscal year 2005, we obtained and evaluated information from the board, 
including budget, contract, and cost data; minutes of board meetings; 
and other related information. We did not independently verify or audit 
the working group cost data we obtained from the board. We conducted 
our work from March 2006 through June 2006 in accordance with U.S. 
generally accepted government auditing standards. We requested comments 
on a draft of this report from the board. The board's oral comments, 
which we received from the board's liaison, are discussed in the Agency 
Comments and Our Evaluation section of this report. 

Results in Brief: 

Since fiscal year 2002, we have reported annually on the administration 
of the LOCAL TV Act as required by Section 1006 of the act. Since 
inception of the program, no loan guarantees have been approved and 
there are no current or anticipated budgetary resources available for 
future loan guarantees. On December 13, 2004, the board authorized 
closing out one of two existing contracts. The other contract expired 
on December 31, 2005. Fiscal year 2005 administrative costs totaled 
about $6,500. Given that the President's Budgets for Fiscal Years 2006 
and 2007 both pointed out that the unobligated budget authority for 
this program had been rescinded and the administration was not 
proposing additional funds for this program, we reiterate our previous 
matter for congressional consideration to rescind the balance of the 
appropriation for administrative expenses. In oral comments on a draft 
of this report, the board agreed with our report. 

Background: 

In November 2001, the Congress appropriated $2 million for 
administrative expenses to implement the program.[Footnote 3] The board 
established a working group[Footnote 4] to assist with implementing the 
program and used GovWorks for administrative services.[Footnote 5] 
During fiscal year 2002, the Department of Agriculture (USDA) obligated 
the entire $2 million appropriation by issuing orders for its 
anticipated needs to GovWorks, which subsequently awarded, on the 
board's behalf, two contracts with an estimated value totaling about 
$1.2 million--one to Ernst & Young LLP valued at $727,000 and one to 
Arnold & Porter LLP valued at $500,000. Since inception, GovWorks has 
obligated and disbursed approximately $640,000 to Ernst & Young LLP to 
develop the underwriting criteria and program regulations and 
approximately $22,000 in fees to itself. The Arnold & Porter LLP 
contract was issued for legal services; however, no obligations or 
disbursements were made for this contract. The Arnold & Porter LLP 
contract was terminated on April 19, 2005. The Ernst & Young LLP 
contract was extended for 1 additional year on December 22, 2004, to 
December 31, 2005, and was officially closed out on February 15, 2006. 
As of March 31, 2006, the remaining unobligated balance in the GovWorks 
account was approximately $1.3 million, as summarized in table 1. The 
unexpended balance in this appropriation has been carried forward each 
fiscal year in the annual appropriation for Rural Development, Salaries 
and Expenses.[Footnote 6] 

Table 1: Unobligated Balance in GovWorks Account at March 31, 2006: 

Item: Appropriation for administrative expenses, fiscal year 2002; 
Cost: $2,000,000. 

Item: Less: Disbursements to Ernst & Young LLP; 
Cost: (640,000). 

Item: Less: Disbursements for GovWorks fee; 
Cost: (22,000). 

Item: Unobligated balance in GovWorks; 
Cost: $1,338,000. 

Source: GAO analysis based on information from the LOCAL Television 
Loan Guarantee Board. 

[End of table] 

In last year's annual report, we addressed program administration and 
key activities that occurred during fiscal year 2004. Specifically, we 
reported that the board completed the steps necessary to prepare the 
program for implementation by issuing the mandated underwriting 
criteria and operating rules. On December 23, 2003, the board provided 
applicants the first opportunity to apply for a loan guarantee. The 
board received one application, which it returned with the related fee 
because the board determined that it was incomplete. On December 8, 
2004, the Congress passed the Consolidated Appropriations Act, 2005, 
one provision of which rescinded all prior appropriations that had been 
available to guarantee loans under the program. The President's Budgets 
for Fiscal Years 2006 and 2007 both pointed out that the unobligated 
budget authority for this program had been rescinded and the 
administration was not proposing additional funds for this program. In 
our fiscal year 2004 report, we suggested that if the Congress was not 
going to provide future loan guarantee funding, it should rescind the 
balance of the $2 million appropriated for administrative expenses to 
carry out the program that had been transferred to GovWorks but 
remained unobligated by contracts in that account. Since the balance of 
this appropriation has not been rescinded, this report addresses the 
status of the $2 million appropriation for administrative expenses and 
the fiscal year 2005 working group costs. 

Fiscal Year 2005 Program Costs Summary: 

Since December 2004, there has been minimal program activity except 
closing out the existing contracts, resulting in working group costs 
totaling approximately $6,500. From the program's initial funding, 
which was on November 28, 2001, to September 30, 2005, the board 
estimated it incurred expenses of approximately $1.3 million to 
implement the program, as summarized in table 2. 

Table 2: Program Costs from November 28, 2001, to September 30, 2005: 

Component; Cost. 

Component: Ernst & Young LLP; 
Cost: $640,000. 

Component: GovWorks fees; 
Cost: 22,000. 

Component: Working group costs from inception to September 30, 2005 
(estimated). 
Cost: 604,000. 

Total; $1,266,000. 

Source: GAO analysis based on information from the LOCAL Television 
Loan Guarantee Board. 

[End of table] 

As mentioned previously, $662,000 in obligations and disbursements were 
made from the $2 million administrative appropriation for Ernst & Young 
LLP to develop the underwriting criteria and program regulations and 
for GovWorks' administrative fees. Working group costs, which were not 
paid from the appropriation for administrative expenses, have been 
borne by the respective departments and agencies from within their 
existing budgetary resources (i.e., salaries and expenses 
appropriations or accounts). The board's estimate of salaries and 
expenses incurred by the working group members to support the board 
totaled approximately $604,000. Table 3 provides a summary of the 
reported estimated administrative costs incurred by the working group 
for the fiscal years ended September 30, 2002, through 2005. 

Table 3: Summary of Reported Estimated Administrative Costs Incurred by 
the Working Group for the Fiscal Years Ended September 30, 2002, 
through 2005: 

Fiscal year. 

Entity representing the LOCAL Television Loan Guarantee Board: USDA 
Rural Utilities Service; 
Fiscal Year: 2002 and 2003: $212,077; 
Fiscal year: 2004: $166,977; 
Fiscal year: 2005: $1,572; 
Total (inception through 9/30/05): $380,626.  

Entity representing the LOCAL Television Loan Guarantee Board: 
Department of the Treasury; 
Fiscal Year: 2002 and 2003: 61,604; 
Fiscal year: 2004: 59,314; 
Fiscal year: 2005: 2,932; 
Total (inception through 9/30/05): 123,850. 

Entity representing the LOCAL Television Loan Guarantee Board: 
Department of Commerce; 
Fiscal Year: 2002 and 2003: 39,629; 
Fiscal year: 2004:  21,657; 
Fiscal year: 2005: 1,090; 
Total (inception through 9/30/05): 62,376. 

Entity representing the LOCAL Television Loan Guarantee Board: Federal 
Reserve Board; 
Fiscal Year: 2002 and 2003: 20,432; 
Fiscal year: 2004: 15,584; 
Fiscal year: 2005: 892; 
Total (inception through 9/30/05): 36,908. 

Total estimated costs; 
Fiscal Year: 2002 and 2003: $333,742; 
Fiscal year: 2004: $263,532; 
Fiscal year: 2005: $6,486; 
Total (inception through 9/30/05): $603,760. 

Source: GAO analysis based on information from the LOCAL Television 
Loan Guarantee Board. 

[End of Table] 
 
Given that the President's Budgets for Fiscal Years 2006 and 2007 both 
pointed out that the unobligated budget authority for this program had 
been rescinded and the administration was not proposing additional 
funds for this program, we reiterate our previous matter for 
congressional consideration to rescind the balance of the Rural 
Development, Salaries and Expenses appropriation for administrative 
expenses transferred to GovWorks that remains unobligated against the 
GovWorks account. 

Agency Comments and Our Evaluation 

In oral comments, the board agreed with the report and told us that in 
May 2006 the remaining unobligated funds in the GovWorks account were 
transferred to the general fund of the U.S. Treasury. As of the date of 
this report, the board had not yet provided the supporting 
documentation we requested showing either a cancellation of the 
original interagency orders placed with GovWorks or the transfer of the 
unobligated balance in the GovWorks account. 

We are sending copies of this report to the Secretaries of Agriculture, 
Commerce, and the Treasury; the Chairman of the 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 GAO's Web site at 
[Hyperlink, http://www.gao.gov]. 

If you or your staffs have any questions on matters discussed in this 
report, please contact me at (202) 512-9095 or williamsm1@gao.gov. 
Contact points for our Offices of Congressional Relations and Public 
Affairs may be found on the last page of this report. GAO staff who 
made key contributions to this report are Casey Keplinger, Assistant 
Director; Tom Dawson; Lauren Fassler; and Jeffrey Isaacs. 

Signed by: 

McCoy Williams:  
Director, Financial Management and Assurance:  

(195079) 

Footnotes 

[1] Pub. L. No. 106-553, tit. X, 114 Stat. 2762A-128 (Dec. 21, 2000) 
(codified, as amended, at 47 U.S.C. §§ 1101-1110). 

[2] GAO, LOCAL TV Act: Administrative Funds May No Longer Be Necessary, 
GAO-05-438 (Washington, D.C.: Apr. 22, 2005). 

[3] Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2002, Pub. L. No. 107-76, tit. 
III, 118 Stat. 704, 725 (Nov. 28, 2001). The November 2001 act directed 
that this amount be transferred to and merged with the appropriation 
for Rural Development, Salaries and Expenses. The Consolidated 
Appropriations Resolution, 2003, provided that any balances available 
from prior years for the Rural Utilities Service, Rural Housing 
Service, and Rural-Business Cooperative Service salaries and expenses 
account be transferred to and merged with the fiscal year 2003 
appropriation. Pub. L. No. 108-7, div. A, tit. III, 117 Stat. 26, 28 
(Feb. 20, 2003). Pursuant to this provision, the balance of the $2 
million appropriated in fiscal year 2002 was carried forward to fiscal 
year 2003. Similar provisions with the same carry-forward effect 
occurred for fiscal years 2004, 2005, and 2006. See Consolidated 
Appropriations Act, 2004, Pub. L. No. 108-199, div. A, tit. III, 118 
Stat. 3, 21 (Jan. 23, 2004); Consolidated Appropriations Act, 2005, 
Pub. L. No. 108-447, div. A, tit. III, 118 Stat. 2809, 2827-28 (Dec. 8, 
2004); and Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2006, Pub. L. 
No. 109-97, 119 Stat. 2120, 2137-38 (Nov. 10, 2005). 

[4] The working group costs consist of an estimate of senior-level 
officials' salaries and related costs from various departments and 
agencies that are represented on the board, to assist it with 
implementing the program. The program did not have full-time staff but 
depended on staff from the various agencies supporting their individual 
board members as a collateral duty. The costs incurred by the working 
group members to support their board members have been borne by the 
respective departments and agencies from within their existing 
budgetary resources (i.e., salaries and expenses appropriations or 
accounts). 

[5] GovWorks is a franchise fund established within the Department of 
the Interior by the Congress and the Office of Management and Budget to 
offer administrative services to federal agencies. 

[6] See footnote 3. 

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