Here is the NTIA commentary on the final rule. In the interest of being complete I will provide it all but see paragraph 8
" Upon careful consideration of all arguments raised in the comments for and against limiting household eligibility criteria, NTIA has decided not to initially limit household eligibility in the Coupon Program to households reliant exclusively on over-the-air broadcasts for television service. Accordingly, the Final Rule permits coupons to be distributed initially to all U.S. households. As proposed in the NPRM and consistent with the definition used by the U.S. Census Bureau, a "household" consists of all persons who currently occupy a house, apartment, mobile home, group of rooms, or single room that is occupied as a separate U.S. postal address. [ 25 ] NTIA received a comment from SunBelt Multimedia Company that requested the household definition to be expanded to allow multiple families residing at a single address to each count as a household, based on the community or income criteria. [ 26 ] NTIA recognizes that multiple families may exist in households as defined by this Final Rule, however, it would be administratively difficult to determine the number and location of these households and to establish a definition based on community or income criteria."
The rest si shown below.
II. Discussion
A. Eligible U.S. Households
4. After February 17, 2009, households may make one or more of several consumer choices to achieve digital-to-analog conversion, such as via cable or satellite service (where available), or through a converter device. [ 9 ] In the NPRM, NTIA proposed to define those U.S. households eligible to participate in the Coupon Program as "those households that only receive over-the-air television signals using analog-only television receivers."[ 10 ] NTIA further proposed to make households that receive cable or satellite television service, even if those households have one or more analog television signals not connected to such service, ineligible for the Coupon Program.
5. Many commenters disagreed with NTIA's proposed definition and argued that all consumer households should be eligible to receive coupons. [ 11 ] Given the funding level and the possibility that many households with cable or satellite service may wish to purchase a converter box, commenters expressed concern about excluding any household. [ 12 ] Commenters also expressed concern about those consumers that may need to rely on over-the-air capabilities in times of emergency. Some commenters argued that the Act and the legislative history do not support NTIA's proposed definition and that the Agency lacks the statutory authority to limit the eligibility requirements. [ 13 ] For example, in Joint Industry Comments, the commenters argued that the Act and the legislative history, as well as practical considerations, "preclude any implementation of the program that would exclude from coupon eligibility analog sets in cable or satellite-served homes not connected to those services." [ 14 ] Likewise the Consumer Electronics Retailer Coalition (CERC) argued that there is no basis in the Act or the legislative history to support the standard proposed in the NPRM. [ 15 ]
6. Several comments raised other points in favor of expanding eligibility beyond that proposed in the NPRM. For example, some commenters noted that even cable and satellite households may need the ability to receive signals over the air in times of emergency or severe weather. [ 16 ] Others noted that limiting coupons to over-the-air-only households could disadvantage satellite customers who receive their local broadcast signals over the air. [ 17 ] Operators of Class A and LPTV stations noted that these facilities will continue to broadcast in analog after February 17, 2009, that most of these facilities are not eligible for cable or satellite must carry and that NTIA should not deny converter-box subsidies to households that rely on analog receivers to watch Class A and LPTV stations over the air, even if they have another means to view digital full-power stations. [ 18 ] Consumers Union contended that denying converter boxes to all households would cause disruptions in service that could undermine consumer support for the digital television transition. [ 19 ] RadioShack suggested that limiting eligibility could reduce demand for converter boxes, thus raising their costs and potentially harming low-income households. [ 20 ]
7. NTIA recognizes that limiting eligibility as proposed in the NPRM would be difficult to enforce. There are no lists of households that only receive over-the-air television broadcasts. Moreover, as the Government Accountability Office (GAO) recognized, it would be a highly challenging task to obtain a list of cable and satellite subscribers in order to identify over-the-air-reliant homes by the process of elimination. [ 21 ] In fact, it would be difficult for NTIA to determine which U.S. households currently have, or plan to obtain, an analog television set requiring a CECB. Moreover, efforts to confirm eligibility would likely delay reasonable and timely distribution of coupons. [ 22 ] Unless NTIA devoted substantial resources to review applicants' certifications of eligibility, there would be potential for waste, fraud and abuse. [ 23 ] Such efforts could also substantially increase the costs of administering the program. [ 24 ]
8. Upon careful consideration of all arguments raised in the comments for and against limiting household eligibility criteria, NTIA has decided not to initially limit household eligibility in the Coupon Program to households reliant exclusively on over-the-air broadcasts for television service. Accordingly, the Final Rule permits coupons to be distributed initially to all U.S. households. As proposed in the NPRM and consistent with the definition used by the U.S. Census Bureau, a "household" consists of all persons who currently occupy a house, apartment, mobile home, group of rooms, or single room that is occupied as a separate U.S. postal address. [ 25 ] NTIA received a comment from SunBelt Multimedia Company that requested the household definition to be expanded to allow multiple families residing at a single address to each count as a household, based on the community or income criteria. [ 26 ] NTIA recognizes that multiple families may exist in households as defined by this Final Rule, however, it would be administratively difficult to determine the number and location of these households and to establish a definition based on community or income criteria.
again I realize that some of you thought that the rule was different but it is what it is. We are all eligible.