Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Notices 76469

become moot or irrelevant in light of 

intervening events. 

To the extent that intervening events 

may have materially altered the 

circumstances surrounding the petition 

or the relief sought by the NYPSC, the 

NYPSC may refresh the record with new 

information or arguments related to its 

original filing that it believes to be 

relevant to the issues. The previously 

filed petition will be deemed withdrawn 

and will be dismissed if the NYPSC 

does not indicate in writing an intent to 

pursue its petition. 

The NYPSC may update its previously 

filed comments on or before January 4, 

2005. Reply Comments are due on or 

before January 11, 2005. All pleadings 

are to reference CC Docket No. 92–105. 

Comments may be filed using: (1) The 

Commission’s Electronic Comment 

Filing System (ECFS), (2) the Federal 

Government’s eRulemaking Portal, or (3) 

by filing paper copies. See Electronic 

Filing of Documents in Rulemaking 

Proceedings, 63 FR 24121 (May 1, 1998). 

Comments filed through the ECFS can 

be sent as an electronic file via the 

Internet to http://www.fcc.gov/cgb/ecfs/.

Generally, only one copy of an 

electronic submission must be filed. If 

multiple docket or rulemaking numbers 

appear in the caption of this proceeding, 

however, commenters must transmit 

one electronic copy of the comments to 

each docket or rulemaking number 

referenced in the caption. In completing 

the transmittal screen, commenters 

should include their full name, U.S. 

Postal Service mailing address, and the 

applicable docket or rulemaking 

number. Parties may also submit an 

electronic comment by Internet e-mail. 

To get filing instructions for e-mail 

comments, commenters should send an 

e-mail to ecfs@fcc.gov, and should 

include the following words in the body 

of the message, ‘‘get form.’’ A sample 

form and directions will be sent in 

reply. Parties who choose to file by 

paper must file an original and four 

copies of each filing. If more than one 

docket or rulemaking number appears in 

the caption of this proceeding, 

commenters must submit two additional 

copies for each additional docket or 

rulemaking number. 

One (1) courtesy copy should also be 

sent to Sheryl Todd, Wireline 

Competition Bureau, FCC, Room 5–

B540, 445 12th Street, SW., Washington, 

DC 20554. Filings can be sent by hand 

or messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail 

(although we continue to experience 

delays in receiving U.S. Postal Service 

mail). 

The Commission’s contractor, Natek, 

Inc., will receive hand-delivered or 

messenger-delivered paper filings for 

the Commission’s Secretary at 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002. The filing hours 

at this location are 8 a.m. to 7 p.m. All 

hand deliveries must be held together 

with rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. Commercial 

overnight mail (other than U.S. Postal 

Service Express Mail and Priority Mail) 

must be sent to 9300 East Hampton 

Drive, Capitol Heights, MD 20743. U.S. 

Postal Service first-class mail, Express 

Mail, and Priority Mail should be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. All filings must 

be addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

The original petition for 

reconsideration that the NYPSC filed in 

2001 is available for inspection and 

copying during business hours at the 

FCC Reference Information Center, 

Portals II, 445 12th St. SW., Room CY–

A257, Washington, DC 20554. The 

document may also be purchased from 

Best Copy and Printing, Inc., Portals II, 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1–

800–378–3160, or via e-mail 

www.bcpiweb.com.

This matter shall be treated as a 

‘‘permit-but-disclose’’ proceeding in 

accordance with the Commission’s ex 

parte rules. See 47 CFR 1.1200 and 

1.1206. Persons making oral ex parte

presentations are reminded that 

memoranda summarizing the 

presentations must contain summaries 

of the substance of the presentations 

and not merely a listing of the subjects 

discussed. More than a one- or twosentence description of the views and 

arguments presented is generally 

required. See 47 CFR 1.1206(b). Other 

rules pertaining to oral and written ex 

parte presentations in permit-butdisclose proceedings are set forth in 

§ 1.1206(b) of the Commission’s rules, 

47 CFR 1.1206(b).

Federal Communications Commission. 

Narda M. Jones, 

Chief, Telecommunications Access Policy 

Division.

[FR Doc. 04–27876 Filed 12–20–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 04–3817] 

Second Audit Letter and Notice of 

Cancellation to Certain Licensees in 

the Paging and Radiotelephone 

Service and Certain Licensees 

Operatng on 929–930 MHz Exclusive 

Private Carrier Paging Channels

AGENCY: Federal Communications 

Commission.

ACTION: Notice.

SUMMARY: In this document the Wireless 

Telecommunications Bureau (Bureau) 

announces it mailed its second audit 

letter and notice of cancellation to 

licensees that did not respond to the 

first inquiry. The audit involves sitespecific licenses operating under part 

22, Paging and Radiotelephone Service 

with ‘‘CD’’ radio service code and all 

site-specific licenses operating in the 

929–930 MHz band on exclusive private 

carrier paging channels with ‘‘GS’’ radio 

service code. Licenses must respond to 

the audit electronically.

DATES: Responses are due by January 21, 

2005.

FOR FURTHER INFORMATION CONTACT:

Denise D. Walter, Mobility Division, at 

202–418–0620.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Federal 

Communications Commission’s Public 

Notice, DA 04–3817, released on 

December 8, 2004. The full text of this 

document is available for inspection 

and copying during normal business 

hours in the Federal Communications 

Commission Reference Center, 445 12th 

Street, SW., Washington, DC 20554. The 

complete text may be purchased from 

the Federal Communications 

Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554. The full text may also be 

downloaded at http://wireless.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 bmillin@fcc.gov.

1. On December 7, 2004 the Bureau 

mailed its second audit letter and notice 

of cancellation to certain licensees 

operating with site-specific licenses in 

the Paging and Radiotelephone Service, 

part 22, subpart E, and site-specific 

licenses operating on exclusive private 

carrier paging channels in the 929–930 

MHz band, part 90, subpart P. 

2. Each licensee to whom this second 

audit letter and notice of cancellation 

was mailed must respond and certify by 

January 21, 2005 that its authorized 

76470 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Notices 

station(s) has not permanently 

discontinued operations pursuant to 47 

CFR 22.317. 

3. Audit letters were mailed to 

licensees at their address of record in 

the Universal Licensing System. If a 

licensee receives more than one audit 

letter, they must respond to each letter 

sent by the Commission in order to 

account for all of its call signs that are 

part of the audit. Licensees can use the 

Audit Search at http://wireless.fcc.gov/

licensing/audits/paging to determine if a 

particular call sign is part of the audit. 

If the Audit Search shows a letter was 

mailed, the licensee is required to 

respond to the audit even though the 

audit letter may not have been received. 

For instructions on how to proceed in 

this instance, licensees should call the 

Bureau’s hot line at 877–480–3201. 

4. The process for responding to the 

audit was included in the second audit 

letter and specific instructions are 

provided on the certification page of the 

audit response module. A response is 

mandatory and must be submitted 

electronically by January 21, 2005. 

Failure to provide a timely response to 

the second audit letter and notice of 

cancellation may result in the 

Commission presuming that the station 

has been non-operational as defined 

under 47 CFR 22.317, and thus the 

license may be presumed to have 

automatically cancelled. Failure to 

provide a timely response may also 

result in enforcement action, including 

monetary forfeiture, pursuant to Section 

503(b)(1)(B) of the Communications Act 

and 47 CFR 1.80(a)(2).

Federal Communications Commission. 

Roger Noel, 

Division Chief, Mobility Division.

[FR Doc. 04–27874 Filed 12–20–04; 8:45 am] 

BILLING CODE 6710–01–P

FEDERAL RESERVE SYSTEM

Change in Bank Control Notices; 

Acquisition of Shares of Bank or Bank 

Holding Companies

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire a bank or bank 

holding company. The factors that are 

considered in acting on the notices are 

set forth in paragraph 7 of the Act (12 

U.S.C. 1817(j)(7)).

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the office of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than January 

4, 2005.

A. Federal Reserve Bank of 

Minneapolis (Jacqueline G. Nicholas, 

Community Affairs Officer) 90 

Hennepin Avenue, Minneapolis, 

Minnesota 55480–0291:

1. Joel D. Neisen, Burnsville, 

Minnesota, Jeffrey A. Neisen, Vadnais 

Heights, Minnesota, Timothy J. Neisen, 

Ormsby, Minnesota, Mary K. Laxen, 

Shakopee, Minnesota, and Brian J. 

Neisen, Sugar Land, Texas; to acquire 

control of Ormsby Bancshares, Inc., 

Ormsby, Minnesota, and thereby 

indirectly acquire Ormsby State Bank, 

Ormsby, Minnesota.

Board of Governors of the Federal Reserve 

System, December 15, 2004.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 04–27830 Filed 12–20–04; 8:45 am]

BILLING CODE 6210–01–S

FEDERAL RESERVE SYSTEM

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below.

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The application also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Additional information on all bank 

holding companies may be obtained 

from the National Information Center 

website at www.ffiec.gov/nic/.

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than January 14, 

2005.

A. Federal Reserve Bank of St. Louis

(Randall C. Sumner, Vice President) 411 

Locust Street, St. Louis, Missouri 

63166–2034:

1. Liberty Bancshares, Inc., Jonesboro, 

Arkansas; to acquire 100 percent of the 

voting shares of TrustBanc Financial 

Group, Inc., Mountain Home, Arkansas, 

and thereby indirectly acquire 

TrustBanc, Mountain Home, Arkansas.

Board of Governors of the Federal Reserve 

System, December 15, 2004.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 04–27829 Filed 12–20–04; 8:45 am]

BILLING CODE 6210–01–S

FEDERAL TRADE COMMISSION

Granting of Request for Early 

Termination of the Waiting Period 

Under the Premerger Notification 

Rules 

Section 7A of the Clayton Act, 15 

U.S.C. 18a, as added by Title II of the 

Hart-Scott-Rodino Antitrust 

Improvements Act of 1976, requires 

persons contemplating certain mergers 

or acquisitions to give the Federal Trade 

Commission and the Assistant Attorney 

General advance notice and to wait 

designated periods before 

consummation of such plans. Section 

7A(b)(2) of the Act permits the agencies, 

in individual cases, to terminate this 

waiting period prior to its expiration 

and requires that notice of this action be 

published in the Federal Register. 

The following transactions were 

granted early termination of the waiting 

period provided by law and the 

premerger notification rules. The grants 

were made by the Federal Trade 

Commission and the Assistant Attorney 

General for the Antitrust Division of the 

Department of Justice. Neither agency 

intends to take any action with respect 

to these proposed acquisitions during 

the applicable waiting period.