Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Rules and Regulations 57859

major rule cannot take effect until 60 

days after it is published in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined in 5 U.S.C. 804(2). This 

action will be effective immediately 

upon today’s publication in the Federal 

Register. 

This rule does not impose any 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous materials transportation, 

Hazardous waste, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements.

Authority: RCRA sections 2002 and 3006, 

42 U.S.C. 6912 and 6926.

Dated: September 4, 2004. 

Robert W. Varney, 

Regional Administrator, EPA New England.

[FR Doc. 04–21495 Filed 9–27–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 493

Laboratory Requirements

CFR Correction 

In Title 42 of the Code of Federal 

Regulations, Part 430 to End, revised as 

of October 1, 2003, on page 1027, in 

§ 493.945, in the table in paragraph 

(b)(3)(ii)(C), the entry in row D, column 

B is corrected to read ¥5. 

[FR Doc. 04–55517 Filed 9–27–04; 8:45 am] 

BILLING CODE 1505–01–D

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 15, 76 and 78 

[MB Docket No. 03–50; FCC 04–75] 

Extend Interference Protection to the 

Marine and Aeronautical Distress and 

Safety Frequency 406.025 MHz

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: In this document the 

Commission adopts rules that extend 

interference protection to all of the 

international digital search and rescue 

frequencies in the 406 MHz band. These 

frequencies are used to detect and locate 

emergency position indicating radio 

beacons (EPRIBs) and emergency locator 

transmitters (ELTs) in the event of an 

emergency. Previously, the Commission 

extended protection to the analog search 

and rescue frequencies at 121.5 and 

243.0 MHz. Digital beacons are said to 

be more effective and give off fewer 

false alerts than analog beacons. As 

digital beacons become increasingly 

popular, the need to protect them 

becomes more important. This Report 

and Order protects these newer digital 

beacons from interference from cable 

systems. At the same time, this Report 

and Order avoids placing undue burden 

on the cable operators by providing a 

new digital measurement technique for 

systems with digital channels. In 

addition, this document streamlines and 

cleans up our rules by removing some 

outdated rules and correcting others to 

maintain consistency through the 

different rule parts.

DATES: Effective October 28, 2004. The 

incorporation by reference of certain 

publications listed in the regulations is 

approved by the Director of the Federal 

Register, as of October 28, 2004.

FOR FURTHER INFORMATION CONTACT:

Sarah Mahmood, 

sarah.mahmood@fcc.gov, (202) 418–

7009 of the Engineering Division, Media 

Bureau. For additional information 

concerning the information collection(s) 

contained in this document, contact 

Leslie Smith, Federal Communications 

Commission, Room 1–A804, 445 12th 

Street, SW., Washington, DC 20554, or 

via the Internet at Leslie.Smith@fcc.gov.,

or at 202–418–0217.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Federal 

Communications Commission’s Report 

and Order, FCC 04–75, adopted on 

March 30, 2004 and released on April 

14, 2004. The full text of this document 

is available for inspection and copying 

during normal business hours in the 

FCC Reference Center, 445 12th Street, 

SW., Washington, DC 20554. The 

complete text may be purchased from 

the Commission’s copy contractor, 

Qualex International, 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554. The full text may also be 

downloaded at: http://www.fcc.gov.

Alternative formats are available to 

persons with disabilities by contacting 

Brian Millin at (202) 418–7426 or TTY 

(202) 418–7365 or at 

Brian.Millin@fcc.gov.

Paperwork Reduction Act 

The action contained herein has been 

analyzed with respect to the Paperwork 

Reduction Act of 1995 and found to 

impose no new or modified reporting 

and recordkeeping requirements or 

burdens on the public. 

Summary of the Report and Order 

1. In the Report and Order the 

Commission is adopting measurement 

techniques that both protect safety of 

life and permit the operation of analog 

and digital cable systems. By further 

defining the measurement techniques 

for digital signals to protect EPIRBs and 

ELTs, cable operators with digital cable 

systems will be able to deploy new 

digital services without undue power 

limitations on cable channel 54. By 

extending interference protection to all 

frequencies in the COSPAS–SARSAT 

406 MHz Management Plan, the 

Commission is protecting all current 

beacon models as well as known future 

beacon models. These modifications 

will protect public safety interests while 

adapting to changes in digital 

technology. 

2. Digital cable systems must limit 

their average power levels between 

405.925 MHz and 406.176 MHz to 10¥5

watts, measured using an RMS detector, 

over any 30 kHz bandwidth in any 2.5 

millisecond interval. This rule is 

tailored specifically for the protection of 

EPIRBs and ELTs only. Should the 

Commission adopt measurement 

standards for digital cable signals in the 

broader context in the future, we will 

consider the full set of parameters 

surrounding digital signals. Analog 

signals, however, are prohibited from 

delivering peak power levels equal to or 

greater than 10¥5 watts from 405.925 

MHz to 406.176 MHz. 

3. Paperwork Reduction Act: The 

action contained in this Report and 

Order has been analyzed with respect to 

the Paperwork Reduction Act of 1995 

and found to impose no new or 

modified reporting and recordkeeping 

requirements or burdens on the public. 

4. Final Regulatory Flexibility 

Analysis: As required by the Regulatory 

Flexibility Act (RFA), an Initial 

Regulatory Flexibility Analysis (IRFA) 

was incorporated in the Notice. The 

Commission sought written public 

comments on the possible significant 

economic impact of the proposed 

policies and rules on small entities in 

the Notice, including comments on the 

IRFA. Pursuant to the RFA, a Final 

Regulatory Flexibility Analysis is 

contained herein. 

5. Ordering Clauses: Accordingly, it is 

ordered that, pursuant to authority

57860 Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Rules and Regulations 

found in Sections 4(i)–(j) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i)–(j), 303(c), 

(f), and (r), and 309(j), the Commission’s 

rules are hereby amended as set forth 

herein, and shall become effective 30 

days after publication in the Federal 

Register. 

6. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Report and Order, including the 

Final Regulatory Flexibility Analysis, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

Final Regulatory Flexibility Analysis 

7. As required by the Regulatory 

Flexibility Act (RFA), an Initial 

Regulatory Flexibility Analysis (IRFA) 

was incorporated in the Notice of 

Proposed Rulemaking (NPRM) in MB 

Docket No. 03–50, FCC 03–37. The 

Commission sought written public 

comment on the proposals in the Notice, 

including comment on the IRFA. This 

Final Regulatory Flexibility Analysis 

(FRFA) conforms to the RFA. 

8. Need for, and Objectives of, this 

Report and Order. We have adopted 

rules to provide interference protection 

to the international digital emergency 

and distress frequencies in the 

COSPAS–SARSAT 406 MHz Frequency 

Management Plan. Digital distress 

beacons are becoming more widely used 

as the analog beacons are slowly being 

phased out. In the interest of public 

safety, our rules will eliminate potential 

interference from cable systems to the 

frequencies used by these digital 

beacons. All frequencies used by the 

digital beacons, according to the 406 

Frequency Management Plan, will be 

added to those frequencies which are 

already protected from cable signal 

leakage. This addition covers all 

foreseeable digital beacon frequencies 

and should not pose any greater burden 

on small businesses. In addition to these 

rules, this Order updates, streamlines, 

and revises parts 76 and 78 of the 

Commission’s rules by fixing 

typographical errors, removing 

grandfathered dates that have already 

passed, etc. These changes should have 

no differential impact on small 

businesses. 

9. Summary of Significant Issues 

Raised by Public Comments in Response 

to IRFA. No one commented in direct 

response to the IRFA. We received 

comments from the NCTA, RCN, NOAA, 

and RTCM and reply comments from 

the NTIA and NCTA. None of the 

parties commented on the IRFA. Many 

of the comments concerned extending 

the interference protection as well as 

differentiating between analog and 

digital cable systems. No parties 

commented on small business related 

issues. 

10. Description and Estimate of the 

Number of Small Entities to Which the 

Rules Will Apply. The RFA directs the 

Commission to provide a description of 

and, where feasible, an estimate of the 

number of small entities that will be 

affected by the rules adopted herein. 

The RFA defines the term ‘‘small entity’’

as having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’

and ‘‘small governmental jurisdiction’’

under Section 3 of the Small Business 

Act. Under the Small Business Act, a 

small business concern is one which: (1) 

Is independently owned and operated; 

(2) is not dominant in its field of 

operation; and (3) satisfies any 

additional criteria established by the 

Small Business Administration (SBA). 

11. Cable and Other Programming 

Distribution. The SBA has developed a 

definition of small entities for cable and 

other pay television services, which 

includes such companies generating 

$12.5 million or less in annual receipts. 

This definition includes cable system 

operators, closed circuit television 

services, direct broadcast satellite 

services, multipoint distribution 

systems, satellite master antenna 

systems, and subscription television 

services. According to the Census 

Bureau data for 1997, there were a total 

of 1,311 firms in this category, total, that 

had operated for the entire year. 

Consequently, the Commission 

estimates that the majority of providers 

in this service category are small 

businesses that may be affected by the 

rules and policies adopted herein. We 

address below services individually to 

provide a more precise estimate of small 

entities.

12. Open Video System (OVS). The 

Commission has certified eleven OVS 

operators. Of these eleven, only two are 

providing service. Affiliates of 

residential Communications Network, 

Inc. (RCN) received approval to operate 

OVS systems in New York City, Boston, 

Washington, DC, and other areas. RCN 

has sufficient revenues to assure us that 

they do not qualify as small business 

entities. Little financial information is 

available for the other entities 

authorized to provide OVS service that 

are not yet operational. Given that other 

entities have been authorized to provide 

OVS service but have not yet begun to 

generate revenues, we conclude that at 

least some of the OVS operators qualify 

as small entities. 

13. Cable System Operators (Rate 

Regulation Standard). The Commission 

has developed a size standard for small 

cable system operators for the purposes 

of rate regulation. Under the 

Commission’s rules, a ‘‘small cable 

company’’ is one serving fewer than 

400,000 subscribers nationwide. Based 

on our most recent information, we 

estimate that there were 1439 cable 

operators that qualified as small cable 

companies at the end of 1995. Since 

then, some of those companies may 

have grown to serve over 400,000 

subscribers, and others may have been 

involved in transactions that caused 

them to be combined with other cable 

operators. The Commission’s rules 

define a ‘‘small system,’’ for the 

purposes of rate regulation, as a cable 

system with 15,000 or fewer subscribers. 

The Commission does not request nor 

does the Commission collect 

information concerning cable systems 

serving 15,000 or fewer subscribers and 

thus is unable to estimate, at this time, 

the number of small cable systems 

nationwide. 

14. Cable System Operators (Telecom 

Act Standard). The Communications 

Act of 1934, as amended, also contains 

a definition of a small cable system 

operator, which is ‘‘a cable operator 

that, directly of through an affiliate, 

serves in the aggregate fewer than 1% of 

all subscribers in the United States and 

is not affiliated with any entity or 

entities whose gross annual revenues in 

the aggregate exceed $250,000,000.’’ The 

Commission has determined that there 

are 61,700,000 subscribers in the United 

States. Therefore, a cable operator 

serving fewer than 617,000 subscribers 

shall be deemed a small operator, if its 

annual revenues, when combined with 

the total annual revenues of all of its 

affiliates, do not exceed $250 million in 

the aggregate. Based on available data, 

we find that the number of cable 

operators serving 617,000 subscribers or 

less totals approximately 1450. 

Although it seems certain that some of 

these cable system operators are 

affiliated with entities whose gross 

annual revenues exceed $250,000,000, 

we are unable at this time to estimate 

with greater precision the number of 

cable system operators that would 

qualify as small cable operators under 

definition in the Communications Act of 

1934. 

15. Private Cable Operators. Based on 

our most recent information, we 

estimate that there are 3400 private 

cable operators serving multiple 

dwelling units that qualify as small 

cable companies as characterized by the 

standard set forth in the 

Telecommunications Act. Some of those 

companies may have grown to serve 

from 800,000 to 1.6 million subscribers, 

and others may have been involved in 

transactions that caused them to be 

Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Rules and Regulations 57861

combined with other cable operators. 

Consequently, we estimate that there are 

fewer than 3,400 small entity private 

cable system operators that may be 

affected by the decisions and rules we 

are adopting. 

16. Description of Projected 

Reporting, Record Keeping and other 

Compliance Requirements. This Report 

and Order creates no additional 

reporting, record keeping, or other 

compliance requirements. Rather, makes 

reporting easier and more efficient by 

permitting filing by electronic means via 

the Internet. It also simplifies reporting 

by standardizing forms and deleting 

duplicate and unnecessary data 

collections. 

17. Steps Taken to Minimize the 

Impact on Small Entities, and 

Significant Alternatives Considered. The 

RFA requires an agency to describe any 

significant alternatives that it has 

considered in developing its approach, 

which may include the following four 

alternatives (among others): ‘‘(1) The 

establishment of differing compliance or 

reporting requirements or timetables 

that take into account the resources 

available to small entities; (2) the 

clarification, consolidation, or 

simplification of compliance and 

reporting requirements under the rule 

for such small entities; (3) the use of 

performance rather than design 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for such small entities.’’

18. It was considered whether 

providing interference protection to the 

digital beacons would differentially 

affect small businesses. However, 

examination of the record shows that 

the restricted power levels would still 

allow operations to continue without 

causing any harm or loss to smaller 

entities. No alternative power levels 

were considered because on this issue 

there were no questions raised in the 

NPRM or comments regarding small 

businesses, and because there is no 

evidence that the rules establishing 

these power levels would affect smaller 

entities either adversely or differently 

than larger entities. 

19. Report to Congress. We will send 

a copy of this Report and Order, 

including this FRFA, in a report to 

Congress pursuant to the Congressional 

Review Act of 1996, 5 U.S.C. 

801(a)(1)(A). A copy of this Report and 

Order and FRFA (or summary thereof) 

will also be published in the Federal 

Register, pursuant to 5 U.S.C. 604(b), 

and will be sent to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

20. Accordingly, it is ordered that, 

pursuant to authority found in Sections 

4(i)–(j) of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i)–(j), 

303(c), (f), and (r), and 309(j), the 

Commission’s rules are hereby amended

as set forth in Appendix A, and shall 

become effective 30 days after 

publication in the Federal Register. 

21. It is further ordered that the 

Consumer and Governmental Affairs 

Bureau, Reference Information Center, 

shall send a copy of this Report and 

Order, including the Final Regulatory 

Flexibility Analysis, to the Chief 

Counsel for Advocacy of the Small 

Business Administration.

List of Subjects in 47 CFR Part 15, 76 

and 78 

Administrative practice and 

procedure, Cable television, 

Incorporation by reference.

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

Final Rule

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR Parts 15, 76 

and 78 as follows:

PART 15—RADIO FREQUENCY 

DEVICES

■ 1. The authority citation for part 15 

continues to read as follows:

Authority: 47 U.S.C. 154, 302(a), 303, 304, 

307, 336, and 554a.

■ 2. Section 15.38 is amended by 

revising paragraph (b)(7) to read as 

follows:

§ 15.38 Incorporation by reference.

* * * * *

(b) * * *

(7) CEA–542–B: ‘‘CEA Standard: 

Cable Television Channel Identification 

Plan,’’ July 2003, IBR approved for 

§ 15.118.

* * * * *

■ 3. Section 15.118 is amended by 

revising paragraph (b) to read as follows:

§ 15.118 Cable ready consumer 

electronics equipment.

* * * * *

(b) Cable ready consumer electronics 

equipment shall be capable of receiving 

all NTSC or similar video channels on 

channels 1 through 125 of the channel 

allocation plan set forth in CEA–542–B: 

‘‘CEA Standard: Cable Television 

Channel Identification Plan,’’

(incorporated by reference, see § 15.38).

* * * * *

PART 76—MULTICHANNEL VIDEO 

AND CABLE TELEVISION SERVICE

■ 4. The authority citation for part 76 

continues to read as follows:

Authority: 47 U.S.C. 151, 152, 153, 154, 

301, 302a, 303, 303a, 307, 308, 309, 312, 317, 

325, 338, 339, 503, 521, 522, 531, 532, 533, 

534, 535, 536, 537, 543, 544, 544a, 545, 548, 

549, 552, 554, 556, 558, 560, 561, 571, 572, 

and 573.

■ 5. Section 76.5 is amended by revising 

paragraph (v) and by removing the Note 

following paragraph (v) to read as 

follows:

§ 76.5 Definitions.

* * * * *

(v) Subscriber terminal. The cable 

television system terminal to which a 

subscriber’s equipment is connected. 

Separate terminals may be provided for 

delivery of signals of various classes. 

Terminal devices interconnected to 

subscriber terminals of a cable system 

must comply with the provisions of part 

15 of this Chapter for TV interface 

devices.

* * * * *

■ 6. Section 76.602 is amended by 

revising paragraph (b)(9) to read follows:

§ 76.602 Incorporation by reference.

* * * * *

(b) * * *

(9) CEA–542–B: ‘‘CEA Standard: 

Cable Television Channel Identification 

Plan,’’ July 2003, IBR approved for 

§ 76.605.

■ 7. Section 76.605 is amended by 

revising paragraphs (a) introductory text, 

(a)(1)(ii) and (a)(6) and by removing 

paragraphs (a)(6)(i) and (a)(6)(ii); by 

revising paragraph (a)(7) introductory 

text and by removing paragraphs (a)(7)(i) 

through (a)(7)(iv) and by redesignating 

paragraphs (a)(7)(iv)(A) through 

(a)(7)(iv)(C) as paragraphs (a)(7)(i) 

through (a)(7)(iii); and in paragraph (b) 

by revising Note 3 to read as follows:

§ 76.605 Technical standards. 

(a) The following requirements apply 

to the performance of a cable television 

system as measured at any subscriber 

terminal with a matched impedance at 

the termination point or at the output of 

the modulating or processing equipment 

(generally the headend) of the cable 

television system or otherwise as noted. 

The requirements are applicable to each 

NTSC or similar video downstream 

cable television channel in the system: 

(1) * * *

(ii) Cable television systems shall 

transmit signals to subscriber premises 

equipment on frequencies in accordance 

with the channel allocation plan set 

57862 Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Rules and Regulations 

forth in CEA–542–B: ‘‘Standard: Cable 

Television Channel Identification Plan,’’

(Incorporated by reference, see

§ 76.602).

* * * * *

(6) The amplitude characteristic shall 

be within a range of ±2 decibels from 

0.75 MHz to 5.0 MHz above the lower 

boundary frequency of the cable 

television channel, referenced to the 

average of the highest and lowest 

amplitudes within these frequency 

boundaries. The amplitude 

characteristic shall be measured at the 

subscriber terminal. 

(7) The ratio of RF visual signal level 

to system noise shall not be less than 43 

decibels. For class I cable television 

channels, the requirements of this 

section are applicable only to:

* * * * *

Note 3: The requirements of this section 

shall not apply to devices subject to the TV 

interface device rules under part 15 of this 

chapter.

* * * * *

■ 8. Section 76.610 is revised to read as 

follows:

§ 76.610 Operation in the frequency bands 

108–137 and 225–400 MHz—scope of 

application. 

The provisions of §§ 76.605(a)(12), 

76.611, 76.612, 76.613, 76.614, 76.616, 

76.617, 76.1803 and 76.1804 are 

applicable to all MVPDs (cable and noncable) transmitting carriers or other 

signal components carried at an average 

power level equal to or greater than 

10¥4 watts across a 25 kHz bandwidth 

in any 160 microsecond period, at any 

point in the cable distribution system in 

the frequency bands 108–137 and 225–

400 MHz for any purpose. Exception: 

Non-cable MVPDs serving less than 

1000 subscribers and less than 1000 

units do not have to comply with 

§ 76.1803.

■ 9. Section 76.616 is revised to read as 

follows:

§ 76.616 Operation near certain 

aeronautical and marine emergency radio 

frequencies. 

(a) The transmission of carriers or 

other signal components capable of 

delivering peak power levels equal to or 

greater than 10¥5 watts at any point in 

a cable television system is prohibited 

within 100 kHz of the frequency 121.5 

MHz, and is prohibited within 50 kHz 

of the two frequencies 156.8 MHz and 

243.0 MHz.

(b) At any point on a cable system 

from 405.925 MHz to 406.176 MHz 

analog transmissions are prohibited 

from delivering peak power levels equal 

to or greater than 10¥5 watts. The 

transmission of digital signals in this 

range is limited to power levels 

measured using a root-mean-square 

detector of less than 10¥5 watts in any 

30 kHz bandwidth over any 2.5 

millisecond interval.

§ 76.618 [Removed and Reserved]

■ 10. Remove and reserve § 76.618.

§ 76.619 [Removed and Reserved]

■ 11. Remove and reserve § 76.619.

§ 76.620 [Removed and Reserved]

■ 12. Remove and reserve § 76.620.

■ 13. Section 76.1510 is revised to read 

as follows:

§ 76.1510 Application of certain Title VI 

provisions. 

The following sections within part 76 

shall also apply to open video systems: 

§§ 76.71, 76.73, 76.75, 76.77, 76.79, 

76.1702, and 76.1802 (Equal 

Employment Opportunity 

Requirements); §§ 76.503 and 76.504 

(ownership restrictions); § 76.981 

(negative option billing); and 

§§ 76.1300, 76.1301 and 76.1302 

(regulation of carriage agreements); 

§ 76.611 (signal leakage restrictions); 

§ 76.1803 and 76.1804 (signal leakage 

monitoring and aeronautical frequency 

notifications); provided, however, that 

these sections shall apply to open video 

systems only to the extent that they do 

not conflict with this subpart S. Section 

631 of the Communications Act 

(subscriber privacy) shall also apply to 

open video systems.

PART 78—CABLE TELEVISION RELAY 

SERVICE

■ 14. The authority citation for part 78 

continues to read as follows:

Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 

309, 48 Stat., as amended, 1064, 1065, 1066, 

1081, 1082, 1083, 1084, 1085; 47 U.S.C. 152, 

153, 154, 301, 303, 307, 308, 309.

■ 15. Section 78.19 is amended by 

revising paragraph (f)(2)(ii) to read as 

follows:

§ 78.19 Interference.

* * * * *

(f) * * *

(2) * * *

(ii) Within the rectangular areas 

defined as follows (vicinity of Denver, 

CO):

Rectangle 1: 

41°30′00′′ N. Lat. on the north 

103°10′00′′ W. Long. on the east 

38°30′00′′ N. Lat. on the south 

106°30′00′′ W. Long. on the west

Rectangle 2: 

38°30′00′′ N. Lat. on the north 

105°00′00′′ W. Long. on the east 

37°30′00′′ N. Lat. on the south 

105°50′00′′ W. Long. on the west

Rectangle 3: 

40°08′00′′ N. Lat. on the north 

107°00′00′′ W. Long. on the east 

39°56′00′′ N. Lat. on the south 

107°15′00′′ W. Long. on the west

* * * * *

■ 16. Section 78.27 is amended by 

revising paragraph (b)(1) to read as 

follows:

§ 78.27 License conditions.

* * * * *

(b) * * *

(1) The licensee of a CARS station 

shall notify the Commission in writing 

when the station commences operation. 

Such notification shall be submitted on 

or before the last day of the authorized 

one year construction period; otherwise, 

the station license shall be 

automatically forfeited.

* * * * *

■ 17. Add § 78.30 to read as follows:

§ 78.30 Forfeiture and termination of 

station authorizations. 

(a) A CARS license will be 

automatically forfeited in whole or in 

part without further notice to the 

licensee upon the voluntary removal or 

alteration of the facilities, so as to 

render the station not operational for a 

period of 30 days or more. 

(b) If a station licensed under this part 

discontinues operation on a permanent 

basis, the licensee must cancel the 

license. For purposes of this section, 

any station which has not operated for 

one year or more is considered to have 

been permanently discontinued.

[FR Doc. 04–21513 Filed 9–27–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 03–2704] 

Radio Broadcasting Services; 

Birmingham, AL

AGENCY: Federal Communications 

Commission.

ACTION: Correcting amendments.

SUMMARY: This document editorially 

amends 47 CFR 73.202(b), the Table of 

FM Allotments for Birmingham, 

Alabama, which was published in the 

Federal Register of Friday, September 

19, 2003, (68 FR 54855). The Federal 

Communications Commission 

published in the Federal Register, of