3150 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

applicant (or licensee), its controlling

interests and affiliates for each of the

previous three years.

(4) Persons or entities that hold

interests in an applicant (or licensee)

that are affiliates of each other or have

an identity of interests identified in

§ 1.2110(b)(4)(iii) of this chapter will be

treated as though they were one person

or entity and their ownership interests

aggregated for purposes of determining

an applicant’s (or licensee’s) compliance

with the requirements of this section.

(5) Where an applicant (or licensee)

cannot identify controlling interests

under the standards set forth in this

section, the gross revenues of all interest

holders in the applicant, and their

affiliates, will be attributable.

(6) A consortium of small businesses

(or a consortium of very small

businesses) is a conglomerate

organization formed as a joint venture

between or among mutually

independent business firms, each of

which individually satisfies the

definition in paragraph (a)(1) of this

section (or each of which individually

satisfies the definition in paragraph

(a)(2) of this section). Where an

applicant or licensee is a consortium of

small businesses (or very small

businesses), the gross revenues of each

small business (or very small business)

shall not be aggregated.

(7) Designated entities must describe

on their long-form applications how

they satisfy the requirements for

eligibility for designated entity status,

and must list and summarize on their

long-form applications all agreements

that affect designated entity status such

as partnership agreements, shareholder

agreements, management agreements

and other agreements, including oral

agreements, establishing, as applicable,

de facto or de jure control of the entity.

Such information must be maintained at

the licensee’s facilities or by its

designated agent for the term of the

license in order to enable the

Commission to audit designated entity

eligibility on an ongoing basis.

(b) Controlling interest.

(1) For purposes of this section, a

controlling interest includes individuals

or entities with either de jure or de facto

control of the applicant. De jure control

is evidenced by holdings of greater than

50 percent of the voting stock of a

corporation, or in the case of a

partnership, general partnership

interests. De facto control is determined

on a case-by-case basis. An entity must

disclose its equity interest and

demonstrate at least the following

indicia of control to establish that it

retains de facto control of the applicant:

(i) The entity constitutes or appoints

more than 50 percent of the board of

directors or management committee;

(ii) The entity has authority to

appoint, promote, demote, and fire

senior executives that control the dayto-day activities of the licensee; and

(iii) The entity plays an integral role

in management decisions.

(2) The following rules apply for the

calculation of certain interests.

(i) Ownership interests shall be

calculated on a fully diluted basis; all

agreements such as warrants, stock

options, and convertible debentures will

generally be treated as if the rights

thereunder already have been fully

exercised.

(ii) Partnership and other ownership

interests and any stock interest equity,

or outstanding stock or outstanding

voting stock shall be attributed as

specified below.

(iii) Stock interests held in trust shall

be attributed to any person who holds

or shares the power to vote such stock,

to any person who has the sole power

to sell such stock, and to any person

who has the right to revoke the trust at

will or to replace the trustee at will. If

the trustee has a familial, personal, or

extra-trust business relationship to the

grantor or the beneficiary, the stock

interests held in trust will be attributed

to the grantor or beneficiary, as

appropriate.

(iv) Non-voting stock shall be

attributed as an interest in the issuing

entity.

(v) Limited partnership interests shall

be attributed to limited partners and

shall be calculated according to both the

percentage of equity paid in and the

percentage of distribution of profits and

losses.

(vi) Officers and directors of an entity

shall be considered to have an

attributable interest in the entity. The

officers and directors of an entity that

controls a licensee or applicant shall be

considered to have an attributable

interest in the licensee or applicant.

(vii) Ownership interests that are held

indirectly by any party through one or

more intervening corporations will be

determined by successive multiplication

of the ownership percentages for each

link in the vertical ownership chain and

application of the relevant attribution

benchmark to the resulting product,

except that if the ownership percentage

for an interest in any link in the chain

exceeds 50 percent or represents actual

control, it shall be treated as if it were

a 100 percent interest.

(viii) Any person who manages the

operations of an applicant or licensee

pursuant to a management agreement

shall be considered to have a controlling

interest in such applicant or licensee if

such person, or its affiliate, has

authority to make decisions or

otherwise engage in practices or

activities that determine, or significantly

influence:

(A) The nature or types of services

offered by such an applicant or licensee;

(B) The terms upon which such

services are offered; or

(C) The prices charged for such

services.

(ix) Any licensee or its affiliate who

enters into a joint marketing

arrangement with an applicant or

licensee, or its affiliate, shall be

considered to have a controlling

interest, if such applicant or licensee, or

its affiliate, has authority to make

decisions or otherwise engage in

practices or activities that determine, or

significantly influence:

(A) The nature or types of services

offered by such an applicant or licensee;

(B) The terms upon which such

services are offered; or the prices

charged for such services.

(c) Bidding credits. A winning bidder

that qualifies as a small business or a

consortium of small businesses as

defined in this section may use the

bidding credit specified in

§ 1.2110(e)(2)(iii) of this chapter. A

winning bidder that qualifies as a very

small business or a consortium of very

small businesses as defined in this

section may use the bidding credit

specified in § 1.2110(e)(2)(ii) of this

chapter.

[FR Doc. 00–1332 Filed 1–19–00; 8:45 am]

BILLIING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 99–3040; MM Docket No. 98–72; RM–

9265, RM–9368]

Radio Broadcasting Services;

Middlebury, Berlin and Hardwick, VT

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Dynamite Radio, Inc.,

substitutes Channel 265C2 for Channel

265A at Middlebury, VT, reallots

Channel 265C2 to Berlin, VT, and

modifies the license of Station WGTK to

specify operation on the higher class

channel and specify Berlin as its

community of license. See 63 FR 36387,

July 6, 1998. At the request of

Montpelier Broadcasting, Inc., the

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3151

Commission allots Channel 290A to

Hardwick, VT, as the community’s first

local aural service. Channel 265C2 can

be allotted to Berlin in compliance with

the Commission’s minimum distance

separation requirements, with respect to

domestic allotments, with a site

restriction of 11.1 kilometers (6.9 miles)

north of the community, at coordinates

44–18–15 NL; 72–37–24 WL. The site

restriction does not obviate the shortspacings to Stations CBF–FM, Channel

265C1, Montreal, Quebec, and CBF10F,

Channel 266B, Sherbrook, Quebec,

Canada. Channel 290A can be allotted to

Hardwick in compliance with the

Commission’s minimum distance

separation requirements, with respect to

domestic allotments, without the

imposition of a site restriction, at

coordinates 44–30–18 NL; 72–22–24

WL. The allotment coordinates do not

obviate the short-spacing to Stations

CFGL, Channel 289C1, Laval, Quebec,

and CIMO, Channel 289C1, Magog,

Quebec, Canada. Since both Berlin and

Hardwick are located within 320

kilometers (200 miles) of the U.S.-

Canadian border, Canadian concurrence

in these allotments, as specially

negotiated short-spaced allotments, has

been obtained. A filing window for

Channel 290A at Hardwick, VT, will not

be opened at this time. Instead, the issue

of opening a filing window for this

channel will be addressed by the

Commission in a subsequent order.

DATES: Effective February 21, 2000.

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 98–72,

adopted December 28, 1999, and

released January 7, 2000. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 445 12th

Street, SW, Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Services, Inc., (202) 857–

3800, 1231 20th Street, NW,

Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

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. 336.

§ 73.202 [Amended]

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

Allotments under Vermont, is amended

by removing Middlebury, Channel

265A, and by adding Berlin, Channel

265C2 and Hardwick, Channel 290A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–1266 Filed 1–19–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA No. 99–3041; MM Docket No. 99–303;

RM–9737]

Radio Broadcasting Services;

Seymour, TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

254A at Seymour, Texas, in response to

a petition filed by Seymour

Broadcasting Company. See 64 FR

57835, October 27, 1999. The

coordinates for Channel 254A at

Seymour are 33–29–57 NL and 99–15–

06 WL. There is a site restriction 10.1

kilometers (6.3 miles) south of the

community. With this action, this

proceeding is terminated. A filing

window for Channel 254A at Seymour

will not be opened at this time. Instead,

the issue of opening a filing window for

this channel will be addressed by the

Commission in a subsequent order.

DATES: Effective February 22, 2000.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 99–303,

adopted December 29, 1999 and

released January 7, 2000. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the

Commission’s Reference Center, 445

12th Street, SW, Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Services, Inc., 1231 20th

Street, NW., Washington, DC. 20036,

(202) 857–3800, facsimile (202) 857–

3805.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

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.

§ 73.202 [Amended]

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

Allotments under Texas, is amended by

adding Channel 254A at Seymour.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–1265 Filed 1–19–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA No. 99–3041; MM Docket No. 99–286;

RM–9713]

Radio Broadcasting Services; Albany,

TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

255A at Albany, Texas, in response to

a petition filed by Albany Broadcasting

Company. See 64 FR 52487, September

29, 1999. The coordinates for Channel

255A at Albany are 32–43–36 NL and

99–17–42 WL. With this action, this

proceeding is terminated. A filing

window for Channel 255A at Albany

will not be opened at this time. Instead,

the issue of opening a filing window for

this channel will be addressed by the

Commission in a subsequent order.

DATES: Effective February 22, 2000.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 99–286,

adopted December 29, 1999 and

released January 7, 2000. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the

Commission’s Reference Center, 445

12th Street, SW, Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s