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 

Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Rules and Regulations 57863

September 19, 2003, a document which 

removed Channel 295C and added 

Channel 295C0 at Birmingham, 

Alabama. See 68 FR 54855. This 

document amends 47 CFR 73.202(b), the 

Table of FM Allotments under Alabama, 

by removing Channel 295C0 at 

Birmingham, Alabama because Channel 

295C was reallotted to Homewood, 

Alabama in an earlier rulemaking 

proceeding, MM Docket No. 01–104. See

68 FR 33654, published June 5, 2003.

DATES: Effective on September 28, 2004.

FOR FURTHER INFORMATION CONTACT:

Rolanda F. Smith, Media Bureau, (202) 

418–2180.

SUPPLEMENTARY INFORMATION: 

Background 

The Federal Communications 

Commission published a document in 

the Federal Register of September 19, 

2003, (68 FR 54855), which amended 

§ 73.202(b), the FM Table of Allotments 

under Alabama by removing Channel 

295C and adding Channel 295C0 at 

Birmingham. However, Channel 295C at 

Birmingham was reallotted to 

Homewood, Alabama in a prior 

rulemaking proceeding. See 68 FR 

33654, published June 5, 2003. 

Need for Correction 

Part 73 of title 47 of the Code of 

Federal Regulations currently contains 

under § 73.202(b), the FM Table of 

Allotments under Alabama Channel 

295C0 at Birmingham, therefore 

Channel 295C0 at Birmingham needs to 

be removed from the Code of Federal 

Regulations.

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting.

■ Accordingly, 47 CFR part 73 is 

amended as follows:

PART 73—RADIO BROADCAST 

SERVICES

■ 1. The authority citation of part 73 

continues to read as follows:

Authority: 47 U.S.C. 54, 303, 334 and 336.

§ 73.202 [Amended]

■ 2. Section 73.202(b), the Table of FM 

Allotments under Alabama, is amended 

by removing Channel 295C0 at 

Birmingham.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–21725 Filed 9–27–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–2907] 

Radio Broadcasting Services; Various 

Locations

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: The Commission, on its own 

motion, editorially amends the Table of 

FM Allotments to specify the actual 

classes of channels allotted to various 

communities. The changes in channel 

classifications have been authorized in 

response to applications filed by 

licensees and permittees operating on 

these channels. This action is taken 

pursuant to Revision of Section 

73.3573(a)(1) of the Commission’s Rules 

Concerning the Lower Classification of 

an FM Allotment, 4 FCC Rcd 2413 

(1989), and Amendment of the 

Commission’s Rules to permit FM 

Channel and Class Modifications by 

Applications, 8 FCC Rcd 4735 (1993).

DATES: Effective September 28, 2004.

FOR FURTHER INFORMATION CONTACT:

Rolanda F. Smith, Media Bureau, (202) 

418–2180.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, adopted September 15, 2004 

and released September 17, 2004. The 

full text of this Commission decision is 

available for inspection and copying 

during regular business hours at the 

FCC Reference Information Center, 

Portals II, 445 12th Street, SW., Room 

CY–A257, Washington, DC 20554. The 

complete text of this decision may also 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC 20054, 

telephone 1–800–378–3160 or http://

www.BCPIWEB.com. The Commission 

will not send a copy of the Report & 

Order in this proceeding pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A), because the adopted rules 

are rules of particular applicability.

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting.

■ Part 73 of Title 47 of the Code of 

Federal Regulations is amended as 

follows:

PART 73—RADIO BROADCASTING 

SERVICES

■ 1. The authority citation for Part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, and 

336.

§ 73.202 [Amended]

■ 2. Section 73.202(b), the Table of FM 

Allotments under Arizona, is amended 

by removing Channel 240C1 and adding 

Channel 240C0 at Cottonwood.

■ 3. Section 73.202(b), the Table of FM 

Allotments under Arkansas, is amended 

by removing Channel 265A and adding 

Channel 265C3 at Arkadelphia.

■ 4. Section 73.202(b), the Table of FM 

Allotments under California, is amended 

by removing Channel 279C1 and adding 

Channel 279C0 at Garberville.

■ 5. Section 73.202(b), the Table of FM 

Allotments under Colorado, is amended 

by removing Channel 288C2 and adding 

Channel 288C1 at Timnath.

■ 6. Section 73.202(b), the Table of FM 

Allotments under Florida, is amended by 

removing Channel 271C2 and adding 

Channel 271C1 at Rock Harbor.

■ 7. Section 73.202(b), the Table of FM 

Allotments under Georgia, is amended 

by removing Channel 264C1 and adding 

Channel 264C0 at Brunswick; by 

removing Channel 297C and adding 

Channel 297C0 at Columbus; by 

removing Channel 240C1 and adding 

Channel 240C0 at Dublin; and by 

removing Channel 298A and adding 

Channel 298C3 at Wrightsville.

■ 8. Section 73.202(b), the Table of FM 

Allotments under Hawaii, is amended by 

removing Channel 286C2 and adding 

Channel 287C2 at Keaau.

■ 9. Section 73.202(b), the Table of FM 

Allotments under Idaho, is amended by 

removing Channel 222A and Channel 

282A and by adding Channel 222C2 and 

279C1 at Victor.

■ 10. Section 73.202(b), the Table of FM 

Allotments under Iowa, is amended by 

removing Channel 227C1 and adding 

Channel 227C0 at Des Moines.

■ 11. Section 73.202(b), the Table of FM 

Allotments under Michigan, is amended 

by removing Channel 229A and adding 

Channel 230C2 at Newberry.

■ 12. Section 73.202(b), the Table of FM 

Allotments under New Mexico, is 

amended by removing Channel *258A 

and adding Channel *258C3 at Roswell.

■ 13. Section 73.202(b), the Table of FM 

Allotments under North Carolina, is 

amended by removing Channel 285C3 

and adding Channel 285C2 at Calabash.

■ 14. Section 73.202(b), the Table of FM 

Allotments under Utah, is amended by 

removing Channel 239C and adding 

Channel 240C1 at Delta.

■ 15. Section 73.202(b), the Table of FM 

Allotments under Virginia, is amended 

by removing Channel 285C3 and adding 

Channel 285C2 at Roanoke.