77954 Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 

fiber-to-the-home loop or fiber-to-thecurb loop on an unbundled basis. 

(iv) Retirement of copper loops or 

copper subloops. Prior to retiring any 

copper loop or copper subloop that has 

been replaced with a fiber-to-the-home 

loop or a fiber-to-the-curb loop, an 

incumbent LEC must comply with: 

(A) The network disclosure 

requirements set forth in section 

251(c)(5) of the Act and in § 51.325 

through § 51.335; and 

(B) Any applicable state requirements.

* * * * *

■ 3. Section 51.325 is amended by 

revising paragraph (a)(4) to read as 

follows:

§ 51.325 Notice of network changes: 

Public notice requirement. 

(a) * * * 

(4) Will result in the retirement of 

copper loops or copper subloops, and 

the replacement of such loops with 

fiber-to-the-home loops or fiber-to-thecurb loops, as those terms are defined in 

§ 51.319(a)(3).

* * * * *

■ 4. Section 51.331 is amended by 

revising paragraph (c) to read as follows:

§ 51.331 Notice of network changes: 

Timing of notice.

* * * * *

(c) Competing service providers may 

object to incumbent LEC notice of 

retirement of copper loops or copper 

subloops and replacement with fiber-tothe-home loops or fiber-to-the-curb 

loops in the manner set forth in 

§ 51.333(c).

■ 5. Section 51.333 is amended by 

revising paragraphs (b) and (c) 

introductory text, and by revising 

paragraph (f) to read as follows:

§ 51.333 Notice of Network Changes: Short 

term notice, objections thereto and 

objections to retirement of copper loops or 

copper subloops.

* * * * *

(b) Implementation date. The 

Commission will release a public notice 

of filings of such short term notices or 

notices of replacement of copper loops 

or copper subloops with fiber-to-thehome loops or fiber-to-the-curb loops. 

The effective date of the network 

changes referenced in those filings shall 

be subject to the following 

requirements: 

(1) Short term notice. Short term 

notices shall be deemed final on the 

tenth business day after the release of 

the Commission’s public notice, unless 

an objection is filed pursuant to 

paragraph (c) of this section. 

(2) Replacement of copper loops or 

copper subloops with fiber-to-the-home 

loops or fiber-to-the-curb loops. Notices 

of replacement of copper loops or 

copper subloops with fiber-to-the-home 

loops or fiber-to-the-curb loops shall be 

deemed approved on the 90th day after 

the release of the Commission’s public 

notice of the filing, unless an objection 

is filed pursuant to paragraph (c) of this 

section. Incumbent LEC notice of intent 

to retire any copper loops or copper 

subloops and replace such loops or 

subloops with fiber-to-the-home loops 

or fiber-to-the-curb loops shall be 

subject to the short term notice 

provisions of this section, but under no 

circumstances may an incumbent LEC 

provide less than 90 days notice of such 

a change. 

(c) Objection procedures for short 

term notice and notices of replacement 

of copper loops or copper subloops with 

fiber-to-the-home loops or fiber-to-thecurb loops. An objection to an 

incumbent LEC’s short term notice or to 

its notice that it intends to retire copper 

loops or copper subloops and replace 

such loops or subloops with fiber-to-thehome loops or fiber-to-the-curb loops 

may be filed by an information service 

provider or telecommunications service 

provider that directly interconnects 

with the incumbent LEC’s network. 

Such objections must be filed with the 

Commission, and served on the 

incumbent LEC, no later than the ninth 

business day following the release of the 

Commission’s public notice. All 

objections filed under this section must:

* * * * *

(f) Resolution of objections to 

replacement of copper loops or copper 

subloops with fiber-to-the-home loops or 

fiber-to-the-curb loops. An objection to 

a notice that an incumbent LEC intends 

to retire any copper loops or copper 

subloops and replace such loops or 

subloops with fiber-to-the-home loops 

or fiber-to-the-curb loops shall be 

deemed denied 90 days after the date on 

which the Commission releases public 

notice of the incumbent LEC filing, 

unless the Commission rules otherwise 

within that time. Until the Commission 

has either ruled on an objection or the 

90-day period for the Commission’s 

consideration has expired, an 

incumbent LEC may not retire those 

copper loops or copper subloops at 

issue for replacement with fiber-to-thehome loops or fiber-to-the-curb loops.

[FR Doc. 04–28531 Filed 12–28–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–3821, MB Docket No. 04–31, RM–

10852] 

Television Broadcast Service; 

Gainesville, FL

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the 

request of Gainesville Channel 61 

Associates, LLC, substitutes channel 29 

for channel 61+ at Gainesville. See 69 

FR 9791, March 2, 2004. TV channel 29 

can be allotted to Gainesville with a 

zero offset consistent with the principle 

community coverage requirements of 

Section 73.610 at coordinates 29–37–47 

N. and 82–34–24 W. With this action, 

this proceeding is terminated.

DATES: Effective January 28, 2005.

FOR FURTHER INFORMATION CONTACT: Pam 

Blumenthal, Media Bureau, (202) 418–

1600.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 04–31, 

adopted December 2, 2004, and released 

December 14, 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, 20554. 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 ore modified 

‘‘information collection burden for 

small business concerns with fewer that 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Pub. L. 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 

Accountability Office pursuant to the 

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

801(a)(1)(A).

List of Subjects in 47 CFR Part 73 

Television broadcasting.

Federal Register / Vol. 69, No. 249 / Wednesday, December 29, 2004 / Rules and Regulations 77955

■ 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.

§ 73.606 [Amended]

■ 2. Section 73.606(b), the Table of 

Television Allotments under Florida, is 

amended by removing TV channel 61+ 

and adding TV channel 29 at Gainesville.

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau.

[FR Doc. 04–28425 Filed 12–28–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 648

[Docket No. 021122284–2323–02; I.D. 

122204G]

Atlantic Bluefish Fishery

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Commercial quota transfer.

SUMMARY: NMFS announces that the 

commercial quotas for Atlantic bluefish 

are adjusted to reflect transfers made by 

several states. By this action, NMFS 

adjusts the quotas and announces the 

revised commercial bluefish quota for 

each state involved.

DATES: Effective December 23, 2004, 

through December 31, 2004.

FOR FURTHER INFORMATION CONTACT: Don 

Frei, Fishery Management Specialist, 

(978) 281–9221, FAX (978) 281–9135, or 

Don.Frei@noaa.gov.

SUPPLEMENTARY INFORMATION:

Regulations governing the bluefish 

fishery are found at 50 CFR part 648. 

The regulations require annual 

specification of a commercial quota that 

is apportioned among the coastal states 

from North Carolina through Maine. The 

process to set the annual commercial 

quota and the percent allocated to each 

state is described in § 648.100.

The final rule implementing 

Amendment 1 to the FMP (65 FR 45844, 

July 26, 2000) provided a mechanism for 

bluefish quota to be transferred from 

one state to another. The FMP allows 

two or more states, under mutual 

agreement and with the concurrence of 

the Administrator, Northeast Region, 

NMFS (Regional Administrator), to 

transfer or combine part or all of their 

annual commercial quota. The Regional 

Administrator must consider the criteria 

set forth in § 648.160 (f)(1) in the 

evaluation of requests for quota transfers 

or combinations.

The initial total commercial quota for 

bluefish for the 2004 calendar year was 

set equal to 10,500,014 lb (4,762,729 kg). 

The percent allocated to vessels landing 

bluefish in Maine was 0.6685 percent; 

Virginia, 11.8795 percent; New York, 

10.3851 percent; North Carolina, 

33.0608 percent. This resulted in an 

initial commercial quota for Maine of 

70,193 lb (31,839 kg); Virginia, 

1,247,348 lb (565,7931 kg); New York, 

1,090,436 lb (494,619 kg); and North 

Carolina, 3,366,384 (1,526,982 kg) (69 

FR 47798, August 4, 2004). The 2004 

bluefish allocation for Maine was 

further reduced to 69,536 lb (31,541 kg); 

Virginia, to 1,235,687 lb (560,498 kg); 

New York, to 1,080,242 lb (489,990 kg); 

and North Carolina, to 3,334,913 lb 

(1,512,691 kg), due to quota allocation 

to support research projects through a 

research set-aside.

Virginia has agreed to transfer 300,000 

lb (136,077 kg) and Maine has agreed to 

transfer 69,000 lb (31,297 kg) of their 

2004 commercial bluefish quota to 

North Carolina. Virginia also has agreed 

to transfer 250,000 lb (113,398 kg) of 

bluefish quota to New York. The revised 

quotas for the calendar year 2004 are: 

Virginia, 685, 687 lb (560,498 kg); 

Maine, 536 lb (243 kg); New York, 

1,330,242 lb (603,387 kg); and North 

Carolina, 3,703,913 lb (1,680,065 kg).

The Regional Administrator has 

determined that the criteria set forth in 

§ 648.160(f)(1) have been met. This 

action does not alter any of the 

conclusions reached in the 

environmental assessment for the 2004 

specifications for the Atlantic bluefish 

fishery. This is a routine administrative 

action that reallocates commercial quota 

within the scope of previously 

published environmental analyses.

Classification

This action is taken under 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: December 22, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–28513 Filed 12–23–04; 2:20 pm]

BILLING CODE 3510–22–S