Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Rules and Regulations 62817

227, and 303(r), the Order in CG Docket 

No. 02–278 is adopted and that the 

Report and Order, FCC 03–153, is 

modified as set forth herein. 

The Fax Ban Coalition’s Petition for 

Extension of Delay is granted to the 

extent discussed herein. 

The effective date for the 

Commission’s determination that an 

established business relationship will 

no longer be sufficient to show that an 

individual or business has given their 

express permission to receive 

unsolicited facsimile advertisements 

and the requirement that the sender of 

a facsimile advertisement first obtain 

the recipient’s express permission in 

writing, as codified at 47 CFR 

64.1200(a)(3)(i), is July 1, 2005, and that 

the Order is effective October 28, 2004. 

The Commission will not send a copy 

of the Order pursuant to 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 64

Telephone.

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

[FR Doc. 04–24125 Filed 10–27–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73

[DA 04–3236, MM Docket No. 01–334, RM–

10343] 

Digital Television Broadcast Service; 

Green Bay, WI

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the 

request of CBS Broadcasting Inc., 

substitutes DTV channel 39c for DTV 

channel 56 at Green Bay, Wisconsin. 

See 66 FR 66867, December 27, 2001. 

DTV channel 39c can be allotted to 

Green Bay, Wisconsin, in compliance 

with the principle community coverage 

requirements of Section 73.625(a) at 

reference coordinates 44–20–01 N. and 

87–58–56 W. with a power of 1000, 

HAAT of 364 meters and with a DTV 

service population of 997 thousand. 

Since the community of Green Bay is 

located within 400 kilometers of the 

U.S.-Canadian border, concurrence from 

the Canadian government was obtained 

for this allotment. With this action, this 

proceeding is terminated.

DATES: Effective December 6, 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. 01–334, 

adopted October 12, 2004, and released 

October 20, 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 etc.] 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).

List of Subjects in 47 CFR Part 73

Digital television broadcasting, 

Television.

■ Part 73 of title 47 of the Code of Federal 

Regulations is amended as follows:

PART 73—[AMENDED]

■ 1. The authority citation for Part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.622 [Amended]

■ 2. Section 73.622(b), the Table of 

Digital Television Allotments under 

Wisconsin, is amended by removing 

DTV channel 56 and adding DTV 

channel 39c at Green Bay.

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau.

[FR Doc. 04–24123 Filed 10–27–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration 

49 CFR Parts 221 and 235

[Docket No. FRA–2004–17529; Notice No. 

2] 

RIN 2130–AB61

Inflation Adjustment of the Maximum 

and Minimum Civil Monetary Penalties 

for Violation of a Railroad Safety Law 

or Regulation; Corrections

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT).

ACTION: Final rule; correcting 

amendments. 

SUMMARY: On May 28, 2004, FRA 

published a final rule, which increased 

the minimum and aggravated maximum 

civil monetary penalties it applies when 

assessing a civil penalty for a violation 

of railroad safety statutes and 

regulations under its authority. In 

preparing that final rule for publication, 

six minor typographical errors were 

made. These amendments correct the 

typographical errors published in the 

final rule.

DATES: The corrections to the final rule 

are effective on October 28, 2004.

FOR FURTHER INFORMATION CONTACT:

Melissa L. Porter, Trial Attorney, 

Federal Railroad Administration, 1120 

Vermont Avenue, NW., Mail Stop 10, 

Washington, DC 20003, (202) 493–6034, 

Melissa.Porter@fra.dot.gov.

SUPPLEMENTARY INFORMATION: The errors 

included in the final rule published on 

May 28, 2004 (69 FR 30591) consisted 

of twice listing incorrect appendices to 

be amended (appendix A to part 221 

instead of appendix C; and appendix A 

to part 241 instead of appendix B), 

inserting the incorrect monetary amount 

in one amendment (to part 235), and 

listing the incorrect section to be 

amended in (§ 231.11 instead of 

§ 233.11) another amendment. All of the 

typographical errors were obvious from 

their context. FRA is correcting these 

minor errors so that the final rule clearly 

conforms to FRA’s intent.

List of Subjects in 49 CFR Parts 221 and 

235

Railroad safety, Penalties.

The Final Rule

■ In accordance with the foregoing, 49 

CFR parts 221, 233, 235, and 241, chapter 

II, subtitle B of title 49, Code of Federal 

Regulations are corrected by making the 

following correcting amendments: