57230 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 

■ 7. Section 411.384 is added to subpart 

J to read as follows.

§ 411.384 Disclosing advisory opinions 

and supporting information. 

(a) Advisory opinions that CMS issues 

and releases in accordance with the 

procedures set forth in this subpart are 

available to the public. 

(b) Promptly after CMS issues an 

advisory opinion and releases it to the 

requestor, CMS makes available a copy 

of the advisory opinion for public 

inspection during its normal hours of 

operation and on the DHHS/CMS Web 

site. 

(c) Any predecisional document, or 

part of such predecisional document, 

that is prepared by CMS, the 

Department of Justice, or any other 

Department or agency of the United 

States in connection with an advisory 

opinion request under the procedures 

set forth in this part is exempt from 

disclosure under 5 U.S.C. 552, and will 

not be made publicly available. 

(d) Documents submitted by the 

requestor to CMS in connection with a 

request for an advisory opinion are 

available to the public to the extent they 

are required to be made available by 5 

U.S.C. 552, through procedures set forth 

in 45 CFR part 5. 

(e) Nothing in this section limits 

CMS’s obligation, under applicable 

laws, to publicly disclose the identity of 

the requesting party or parties, and the 

nature of the action CMS has taken in 

response to the request.

■ 8. Sections 411.386 through 411.389 

are added to subpart J to read as follows.

§ 411.386 CMS’s advisory opinions as 

exclusive. 

The procedures described in this 

subpart constitute the only method by 

which any individuals or entities can 

obtain a binding advisory opinion on 

the subject of a physician’s referrals, as 

described in § 411.370. CMS has not and 

does not issue a binding advisory 

opinion on the subject matter in 

§ 411.370, in either oral or written form, 

except through written opinions it 

issues in accordance with this subpart.

§ 411.387 Parties affected by advisory 

opinions. 

An advisory opinion issued by CMS 

does not apply in any way to any 

individual or entity that does not join in 

the request for the opinion. Individuals 

or entities other than the requestor(s) 

may not rely on an advisory opinion.

§ 411.388 When advisory opinions are not 

admissible evidence. 

The failure of a party to seek or to 

receive an advisory opinion may not be 

introduced into evidence to prove that 

the party either intended or did not 

intend to violate the provisions of 

sections 1128, 1128A or 1128B of the 

Act.

§ 411.389 Range of the advisory opinion. 

(a) An advisory opinion states only 

CMS’s opinion regarding the subject 

matter of the request. If the subject of an 

advisory opinion is an arrangement that 

must be approved by or is regulated by 

any other agency, CMS’s advisory 

opinion cannot be read to indicate 

CMS’s views on the legal or factual 

issues that may be raised before that 

agency. 

(b) An advisory opinion that CMS 

issues under this part does not bind or 

obligate any agency other than the 

Department. It does not affect the 

requestor’s, or anyone else’s, obligations 

to any other agency, or under any 

statutory or regulatory provision other 

than that which is the specific subject 

matter of the advisory opinion.

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program)

Dated: September 15, 2004. 

Ann Agnew, 

Executive Secretary to the Department.

[FR Doc. 04–21206 Filed 9–23–04; 8:45 am] 

BILLING CODE 4120–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[OMD Docket No. 02–339; FCC 04–72] 

Implementation of the Debt Collection 

Improvement Act of 1996 and Adoption 

of Rules Governing Applications or 

Requests for Benefits by Delinquent 

Debtors

AGENCY: Federal Communications 

Commission.

ACTION: Final rule; correction.

SUMMARY: This document contains a 

correction to the final rule, which was 

published in the Federal Register at 69 

FR 27843 on May 17, 2004. The final 

rule related to the Debt Collection 

Improvement Act of 1996 (DCIA).

DATES: Effective on October 1, 2004.

FOR FURTHER INFORMATION CONTACT:

Regina W. Dorsey, Special Assistant to 

the Chief Financial Officer, at 1–202–

418–1993, or by e-mail at 

Regina.Dorsey@fcc.gov, or Laurence H. 

Schecker, Office of General Counsel, 

Administrative Law Division, at 1–202–

418–1720, or by e-mail at 

Laurence.Schecker@fcc.gov.

SUPPLEMENTARY INFORMATION: In FR Doc 

04–10661, in the Federal Register of 

Monday, May 17, 2004, the following 

corrections are made.

§ 1.1116 [Corrected]

■ 1. On page 27847, in the third column, 

in § 1.1116, the reference to 

‘‘§ 1.1109(b)’’ is corrected to read 

‘‘§ 1.1109(d)’’.

■ 2. On page 27850, in the third column, 

§ 1.1910 is corrected to read as follows:

§ 1.1910 Effect of insufficient fee 

payments, delinquent debts, or debarment. 

(a)(1) An application (including a 

petition for reconsideration or any 

application for review of a fee 

determination) or request for 

authorization subject to the FCC 

Registration Number (FRN) requirement 

set forth in subpart W of this chapter 

will be examined to determine if the 

applicant has paid the appropriate 

application fee, appropriate regulatory 

fees, is delinquent in its debts owed the 

Commission, or is debarred from 

receiving Federal benefits (see, e.g., 31 

CFR 285.13; 47 CFR part 1, subpart P). 

(2) Fee payments, delinquent debt, 

and debarment will be examined based 

on the entity’s taxpayer identifying 

number (TIN), supplied when the entity 

acquired or was assigned an FRN. See 

47 CFR 1.8002(b)(1). 

(b)(1) Applications by any entity 

found not to have paid the proper 

application or regulatory fee will be 

handled pursuant to the rules set forth 

in 47 CFR part 1, subpart G. 

(2) Action will be withheld on 

applications, including on a petition for 

reconsideration or any application for 

review of a fee determination, or 

requests for authorization by any entity 

found to be delinquent in its debt to the 

Commission (see § 1.1901(j)), unless 

otherwise provided for in this 

regulation, e.g., 47 CFR 1.1928 

(employee petition for a hearing). The 

entity will be informed that action will 

be withheld on the application until full 

payment or arrangement to pay any nontax delinquent debt owed to the 

Commission is made and/or that the 

application may be dismissed. See the 

provisisons of §§ 1.1108, 1.1109, 1.1116 

and 1.1118. Any Commission action 

taken prior to the payment of delinquent 

non-tax debt owed to the Commission is 

contingent and subject to recission. 

Failure to make payment on any 

delinquent debt is subject to collection 

of the debt, including interest thereon, 

any associated penalties, and the full 

cost of collection to the Federal 

government pursuant to the provisions 

of the Debt Collection Improvement Act, 

31 U.S.C. 3717. 

Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 57231

(3) If a delinquency has not been paid 

or the debtor has not made other 

satisfactory arrangements within 30 

days of the date of the notice provided 

pursuant to paragraph (b)(2) of this 

section, the application or request for 

authorization will be dismissed. 

(i) The provisions of paragraphs (b)(2) 

and (b)(3) of this section will not apply 

if the applicant has timely filed a 

challenge through an administrative 

appeal or a contested judicial 

proceeding either to the existence or 

amount of the non-tax delinquent debt 

owed the Commission. 

(ii) The provisions of paragraphs 

(b)(2) and (b)(3) of this section will not 

apply where more restrictive rules 

govern treatment of delinquent debtors, 

such as 47 CFR 1.2105(a)(2)(x) and (xi). 

(c)(1) Applications for emergency or 

special temporary authority involving 

safety of life or property (including 

national security emergencies) or 

involving a brief transition period 

facilitating continuity of service to a 

substantial number of customers or end 

users, will not be subject to the 

provisions of paragraphs (a) and (b) of 

this section. However, paragraphs (a) 

and (b) will be applied to permanent 

authorizations for these services. 

(2) Provisions of paragraph (a) and (b) 

of this section will not apply to 

application or requst for authorization 

to which 11 U.S.C. 525(a) is applicable.

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

[FR Doc. 04–21412 Filed 9–23–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CC Docket No. 98–67; FCC 03–112] 

Telecommunications Relay Services 

and Speech-to-Speech Services for 

Individuals With Hearing and Speech 

Disabilities

AGENCY: Federal Communications 

Commission.

ACTION: Correcting amendments.

SUMMARY: This document contains 

corrections to the final regulations of the 

Commission’s rules, which were 

published in the Federal Register on 

Monday, August 25, 2003, 68 FR 50973. 

The final regulations amended the 

Commission’s rules pertaining to 

mandatory minimum standards, and 

other regulations for 

Telecommunications Relay Services and 

Speech-to-Speech services for 

individuals with hearing and speech 

disabilities.

DATES: Effective September 24, 2004.

FOR FURTHER INFORMATION CONTACT:

Cheryl King, of the Consumer & 

Governmental Affairs Bureau at (202) 

418–2284 (voice), (202) 418–0416 

(TTY), or e-mail cheryl.king@fcc.gov.

SUPPLEMENTARY INFORMATION: The 

Federal Communications Commission 

published a document amending 47 

CFR 64.604 in the Federal Register of 

August 25, 2003, (68 FR 50973). The 

amended rules are intended to improve 

the overall effectiveness of TRS to 

ensure that persons with hearing and 

speech disabilities have access to 

telecommunications networks that is 

consistent with the goal of functional 

equivalency mandated by Congress. 

Need for Correction 

As published, the final regulations 

contain errors which may prove to be 

misleading and need to be clarified.

List of Subjects in 47 CFR Part 64 

Individuals with disabilities, 

Reporting and recordkeeping 

requirements, Telecommunications.

■ Accordingly, 47 CFR Part 64 is 

corrected by making the following 

correcting amendments:

PART 64—MISCELLANEOUS RULES 

RELATING TO COMMON CARRIERS

■ 1. The authority citation for part 64 

continues to read as follows:

Authority: 47 U.S.C. 154, 254(k); secs. 

403(b)(2)(B), (c), Public Law 104–104, 110 

Stat. 56. Interpret or apply 47 U.S.C. 201, 

218, 225, 226, 228, and 254(k) unless 

otherwise noted.

§ 64.604 [Amended]

■ 2. Section 64.604 is amended by 

removing paragraphs (a)(5) and (a)(6) and 

by redesignating paragraph (a)(7) as 

paragraph (a)(5).

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

[FR Doc. 04–21514 Filed 9–23–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–2933, MM Docket No. 00–127, RM–

9894] 

Digital Television Broadcast Service; 

Jamestown, ND

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the 

request of Red River Broadcast 

Company, substitutes DTV channel 18 

for DTV channel 14. See 69 FR 29252 

(May 21, 2004). DTV channel 18 can be 

allotted to Jamestown, North Dakota, in 

compliance with the principle 

community coverage requirements of 

Section 73.625(a) at reference 

coordinates 46–55–27 N. and 98–46–19 

W. with a power of 1000, HAAT of 135 

meters and with a DTV service 

population of 47 thousand. Concurrence 

from the Canadian government was 

received for this allotment. With this 

action, this proceeding is terminated.

DATES: Effective November 1, 2004.

FOR FURTHER INFORMATION CONTACT: Pam 

Blumenthal, Media Bureau, (202) 418–

1600.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MM Docket No. 00–127, 

adopted September 9, 2004, and 

released September 17, 2004. The full 

text of this document is available for 

public inspection and copying during 

regular business hours in the FCC 

Reference Information Center, Portals II, 

445 12th Street, SW., Room CY–A257, 

Washington, DC. This document may 

also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC, 20554, telephone 301–

816–2820, facsimile 301–816–0169, or 

via-e-mail joshir@erols.com.

This document does not contain [new 

or modified] information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. In addition, therefore, it 

does not contain any new or modified 

‘‘information collection burden for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

The Commission will send a copy of 

this Report & Order in a report to be sent 

to Congress and the General Accounting 

Office pursuant to the Congressional 

Review Act, see 5 U.S.C. 801(a)(1)(A).