alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 101.143 Minimum path length requirements.

(a) The distance between end points of a fixed link in the private operational fixed point-to-point and the common carrier fixed point-to-point microwave services must equal or exceed the value set forth in the table below or the EIRP must be reduced in accordance with the equation set forth below:

| Frequency band (MHz) | Minimum path length (km) |
| --- | --- |
| Below 1,850 | N/A |
| 1,850 to 7,125 | 17 |
| 10,550 to 13,250 | 5 |
| Above 17,700 | N/A |

(b) For paths shorter than those specified in the table in paragraph (a) of this section, the EIRP shall not exceed the value derived from the following equation:

EIRP = MAXEIRP-40*log(A/B) dBW

Where: EIRP = The new maximum EIRP (equivalent isotropically radiated power) in dBW. MAXEIRP = Maximum EIRP as set forth in the Table in Section 101.113(a).

A = Minimum path length from the Table above for the frequency band in kilometers.

B = The actual path length in kilometers.

Note to paragraph (b):

For transmitters using Automatic Transmitter Power Control, EIRP corresponds to the maximum transmitter power available, not the coordinated transmit power or the nominal transmit power.

(c) Upon an appropriate technical showing, applicants and licensees unable to meet the minimum path length requirement may be granted an exception to these requirements.

Note to paragraph (c):

Links authorized prior to April 1, 1987, need not comply with this requirement.

[61 FR 26677, May 28, 1996, as amended at 65 FR 38330, June 20, 2000]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Communications Commission

          - [Report No. 2786]

A Petition for Reconsideration has been filed in the Commission's Rulemaking proceeding listed in this Public Notice and published pursuant to 47 CFR Section 1.429(e). The full text of this document is available for viewing and copying in Room CY-B402, 445 12th Street, SW., Washington, DC or may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc. (BCPI) (1-800-378-3160). Oppositions to this petition must be filed by September 7, 2006. See Section 1.4(b)(1) of the Commission's rules (47 CFR 1.4(b)(1)). Replies to an opposition must be filed within 10 days after the time for filing oppositions have expired.

*Subject:*                     In the Matter of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, (Caliente and Moapa, Nevada) (MB Docket No. 05-146).                

*Number of Petitions Filed:*                     1.                

Marlene H. Dortch,

Secretary.

[FR Doc. 06-7115  Filed 8-22-06; 8:45 am]

BILLING CODE 6712-01-M
#### § 76.930 Initiation of review of basic cable service and equipment rates.

A cable operator shall file its schedule of rates for the basic service tier and associated equipment with a franchising authority within 30 days of receiving written notification from the franchising authority that the franchising authority has been certified by the Commission to regulate rates for the basic service tier. Basic service and equipment rate schedule filings for existing rates or proposed rate increases (including increases in the baseline channel change that results from reductions in the number of channels in a tier) must use the appropriate official FCC form, a copy thereof, or a copy generated by FCC software. Failure to file on the official FCC form, a copy thereof, or a copy generated by FCC software, may result in the imposition of sanctions specified in § 76.937(d). A cable operator shall include rate cards and channel line-ups with its filing and include an explanation of any discrepancy in the figures provided in these documents and its rate filing.

[59 FR 17973, Apr. 15, 1994]
No. 10-10835.

#### Alvarez *v.*United States.

C. A. 11th Cir. Certiorari denied.
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

Tyvon Gullatt, Appellant

No. 06-19-00001-CR v.

The State of Texas, Appellee

Appeal from the 102nd District Court of 

Bowie County, Texas (Tr. Ct. No. 18F0176-102). Opinion delivered by Justice 

Burgess, Chief Justice Morriss and Justice 

Stevens participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court 

below. We affirm the judgment of the trial court.

We note that the appellant, Tyvon Gullatt, has adequately indicated his inability to pay 

costs of appeal. Therefore, we waive payment of costs.

RENDERED OCTOBER 4, 2019

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
§ 73.3542 Application for emergency authorization. ( a ) Authority may be granted, on a temporary basis, in extraordinary circumstances requiring emergency operation to serve the public interest. such situations include: emergencies involving danger to life and property; a national emergency proclaimed by the President or the Congress of the U.S.A and; the continuance of any war in which the United States is engaged, and where such action is necessary for the national defense or security or otherwise in furtherance of the war effort. ( 1 ) An informal application may be used. The FCC may grant such construction permits, station licenses, modifications or renewals thereof, without the filing of a formal application.
( 2 ) No authorization so granted shall continue to be effective beyond the period of the emergency or war requiring it.
( 3 ) Each individual request submitted under the provisions of this paragraph shall contain, as a minimum requirement, the following information: ( i ) Name and address of applicant.
( ii ) Location of proposed installation or operation.
( iii ) Official call letters of any valid station authorization already held by applicant and the station location.
( iv ) Type of service desired (not required for renewal or modification unless class of station is to be modified).
( v ) Frequency assignment, authorized transmitter power(s), authorized class(es) of emission desired (not required for renewal; required for modification only to the extent such information may be involved).
( vi ) Equipment to be used, specifying the manufacturer and type or model number (not required for renewal; required for modification only to the extent such information may be involved).
( vii ) Statements to the extent necessary for the FCC to determine whether or not the granting of the desired authorization will be in accordance with the citizenship eligibility requirements of section 310 of the Cummunications Act.
( viii ) Statement of facts which, in the opinion of the applicant, constitute an emergency to be found by the FCC for the purpose of this section. This statement must also include the estimated duration of the emergency and if during an emergency or war declared by the President or Congress, why such action, without formal application, is necessary for the national defense or security or in furtherance of the war effort.
( b ) Emergency operating authority issued under this section may be cancelled or modified by the FCC without prior notice or right to hearing. *See also* § 73.1250, Broadcasting Emergency Information, for situations in which emergency operation may be conducted without prior authorization, and § 73.1635, Special Temporary Authorization (STA), for temporary operating authorizations necessitated by circumstances not within the ambit of this section.
[50 FR 30948, July 31, 1985, as amended at 63 FR 33878, June 22, 1998]
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*Pursuant to 5TH CIR. R. 47.5, the Court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

____________________

No. 99-11358

Summary Calendar

____________________

LARRY EUGENE SMITH,

Plaintiff-Appellant,

versus

BILL LONG, District Clerk 

Dallas County Texas,

Defendant-Appellee.

_________________________________________________________________

Appeal from the United States District Court

for the Northern District of Texas 

(3:99-CV-7-P) 

_________________________________________________________________

July 7, 2000

Before SMITH, BARKSDALE, and PARKER, Circuit Judges.

PER CURIAM:*

At issue is the FED. R. CIV. P. 12(b)(6) dismissal of the 42

U.S.C. § 1983 complaint of Larry Eugene Smith against Bill Long, in

his official capacity as District Clerk of Dallas County, Texas.

Smith alleged that: his unsuccessful attempts to purchase a

complete statement of facts from the county clerk’s office resulted

from discriminatory treatment; and without the statement of facts,

he was unable to prepare a habeas application and therefore denied

access to the courts.

A Rule 12(b)(6) dismissal for failure to state a claim is

reviewed de novo. E.g., Hall v. Thomas, 190 F.3d 693, 696 (5th
- 2 -

Cir. 1999). The complaint is construed liberally in plaintiff’s

favor and the dismissal may be upheld only if “it appears beyond a

doubt that the plaintiff can prove no set of facts in support of

his claim which would entitle him to relief”. Id. (quoting Conley

v. Gibson, 355 U.S. 41, 45-46 (1957)). 

The district court, considering Smith’s complaint and his

answers to the magistrate judge’s subsequent questionnaire, in the

light most favorable to Smith, concluded Smith did not adequately

“allege discriminatory intent or ... deliberate or intentional

conduct” that would invoke § 1983. Smith v. District Clerk of

Dallas County, No. 3:99-CV-0007-P, slip op. at 3-4 (N.D. Tex. 1

Nov. 1999). We agree.

AFFIRMED
§ 32.1170 Receivables. ( a ) This account shall include all amounts due from customers for services rendered or billed and from agents and collectors authorized to make collections from customers. This account shall also include all amounts due from customers or agents for products sold. This account shall be kept in such manner as will enable the company to make the following analysis: ( 1 ) Amounts due from customers who are receiving telecommunications service.
( 2 ) Amounts due from customers who are not receiving service and whose accounts are in process of collection.
( b ) Collections in excess of amounts charged to this account may be credited to and carried in this account until applied against charges for services rendered or until refunded.
( c ) Cost of demand or time notes, bills and drafts receivable, or other similar evidences (except interest coupons) of money receivable on demand or within a time not exceeding one year from date of issue.
( d ) Amount of interest accrued to the date of the balance sheet on bonds, notes, and other commercial paper owned, on loans made, and the amount of dividends receivable on stocks owned.
( e ) This account shall not include dividends or other returns on securities issued or assumed by the company and held by or for it, whether pledged as collateral, or held in its treasury, in special deposits, or in sinking and other funds.
( f ) Dividends received and receivable from affiliated companies accounted for on the equity method shall be included in Account 1410, Other noncurrent assets, as a reduction of the carrying value of the investment.
( g ) This account shall include all amounts currently due, and not provided for in (a) through (g) of this section such as those for traffic settlements, divisions of revenue, material and supplies, matured rents, and interest receivable under monthly settlements on short-term loans, advances, and open accounts. If any of these items are not to be paid currently, they shall be transferred to Account 1410, Other noncurrent assets.
( h ) Subsidiary record categories shall be maintained in order that the entity may separately report the amounts contained herein that relate to affiliates and nonaffiliates. Such subsidiary record categories shall be reported as required by part 43 of this chapter.
[67 FR 5681, Feb. 6, 2002]
289 1 Noya c Roa dOm'(jfm^PnmAV^^" i

P.O
. Bo x 168 0 • noHfif''^'*'^' V Sag Harbor , N Y 1196 3 Jun e 23,201 0 :v j '? c - ; U
. S
. Departmen t

o f Transportatio n Docke t Operation s M-30 , Federa l Aviatio n Administratio n 120 0 Ne w Jerse y Avenu e SE, Roo mW12-14 0 Wes t Building , Groun dFloo r Washington , D C 20590-000 1

Re : Docke t

Numbe r FA A 201 0 030 2 Dea r People : - ? Thank yo u for attemptin g t o alleviat e th e nois e fromhelicopte r traffi c ove r

eastern Lon g Island , bu t

th e propose dFA A rule s a s state dwil l onl y mak e i t wors e for thos e o f u s i n eastern Southampto n Town
. Th e propose dNorther n Rout e ove r Lon g Islan dSoun d allow s pilot s t o vee r

sout h t o reac h th e Eas t

Hampto n Airport , an dthe y wil l tak e th e rout e that use s th e leas t

amoun t o f fuel
. A s yo u ar e aware , ther e i s n o contro l towe r a t th e airport t o direc t helicopte r

traffic
. Firs t o f all , ther e i s asafety issue
. Du e t o severa l near accidents , righ t

no w helicopter s flying fromNe w Yor

k City t o th e Eas t

Hampto n Airport

usuall y com e i n ove r

wate r an d hea dsout h t o th e airport

ove r Barcelon aNeck , afinger o f lan dwhic h i s very lightl y populated
. Flight s leavin g th e airport tak e arout e ove r

Jessup s Neck , directl y ove r th e man y house s o f

thos e o f u s livin g i n Noyac , ahamle t tha t i s part o f Sag Harbor
. I f

th e ne w rule s g o int o effect , th e helicopter s won' t follo w th e curren t

precedent
. A n acciden t i s almos t guaranteed
. Secondly , th e nois e wil l doubl e for thos e o f u s i n th e hamlet s o f

Noya c an dNorth Sea : Instea do f 100 flights at

fa r les s tha n 2,50 0 feet

ove r ou r head s o n Frida y an dSunday evening s a s th e helicopter s ferr y peopl e t o an dfromth e Hamptons , w e wil l hav e 20 0 flights ove r

ou r heads
. Th e pilot s wil l tak e whateve r rout e use s th e leas t

ampun t of,tim e an dfuel
. Fo r thes e reasons , helicopter s fromNY C usin g th e Norther n Rout e shoul db e require d t o sta y ove r th e Lon g Islan dSoun dt o Orien t Point , the n trave l aroun dOrien t Poin t an d ove r Gardiner s Bay an dBarcelon aNec k t o th e Eas t

Hampto n Airport
. Thi s wil l hav e th e leas t impac t o n populate dareas . O n th e retur n tri p the y coul db e require dt o tak e th e Souther n Rout e t o avoi daccidents
. Than k yo u for considerin g thes e points
. Very trul y yours . I : U f l O
[Civ. No. 1394.

Second Appellate District.

November 6, 1913.]

#### FRANK CRAYCROFT, Jr. et al., Petitioners, v. SUPERIOR COURT OF KERN COUNTY et al., Respondents.

State School Lands—Limitation of Time for Contest—Prohibition.—The superior court is divested of jurisdiction to hear and determine a contest of a certificate of purchase of state school lands after the lapse of five years from its date, and a writ of prohibition will lie to restrain it from exercising such jurisdiction.

APPLICATION for Writ of Prohibition to be directed to the Superior Court of Kern County.

The facts aré stated in the opinion of the court.

L. L. Cory, Miles Wallace, and Lloyd, Cheney & Geibel, for Petitioners.

SHAW, J.

This is an application for a writ of prohibition to be directed to the superior court of Kern County and the judges thereof, prohibiting the said court from proceeding with the trial of a certain action pending therein, wherein Charles Smithwick is plaintiff and petitioners and others are *183defendants. The subject of the action is the conflicting claims of the respective parties to the right to purchase from the state certain school lands described in the petition over which a contest arose in the office of the state surveyor-general and register of the state land-office, which contest was by order duly made referred for-adjudication to said court.

The facts upon which this proceeding is based are, except as to some of the parties and the particular description of the land, identical with those involved in the case of *Craycroft Jr.,*v. *Superior Court of Kern County,*decided by this court and reported in 18 Cal. App. 781, [124 Pac. 1042], wherein a writ of prohibition was ordered. Upon the authority of that case and for the reasons set forth in the opinion filed therein, it is clear that a peremptory writ of prohibition should issue in accordance with the prayer of the petition; and it is so ordered.

Conrey, P. J., and James, J., concurred.
§ 73.620 Interference calculation and protection of TV broadcast services. ( a ) Due to the frequency spacing that exists between Channels 4 and 5, between Channels 6 and 7, and between Channels 13 and 14, the minimum adjacent channel technical criteria specified in this section shall not be applicable to these pairs of channels (see § 73.603(a)).
( b ) Interference is to be predicted based on the procedures found in § 73.616(d)(1).
( c ) An application will not be accepted if it is predicted to cause interference to more than an additional 0.5 percent of the population served by another TV station. For this purpose, the population served by the station receiving additional interference does not include portions of the population within the noise-limited service contour of that station that are predicted to receive interference from the TV allotment facilities of the applicant or portions of that population receiving masking interference from any other station.
( d ) A petition to add a new channel to the TV Table or any application to modify an existing TV station or allotment will not be accepted if it is predicted to cause more than 0.5 percent new interference, consistent with paragraphs (a) and (b) of this section, to a Class A TV station authorized pursuant to subpart J of this part, within the protected contour defined in § 73.6010.
( e ) Negotiated agreements on interference. TV stations may operate with increased effective radiated power (ERP) and/or antenna height above average terrain (HAAT) that would result in more than 0.5 percent additional interference to another TV station if that station agrees, in writing, to accept the additional interference. Such agreements must be submitted with the application for authority to construct or modify the affected TV station. Negotiated agreements under this paragraph can include the exchange of money or other considerations from one station to another, including payments to and from noncommercial television stations assigned to reserved channels. Applications submitted pursuant to the provisions of this paragraph will be granted only if the Commission finds that such action is consistent with the public interest.
( f ) The interference protection requirements contained in this section apply to television station operations under both the TV transmission standard in § 73.682(d) and the Next Gen TV transmission standard in § 73.682(f).
[89 FR 7247, Feb. 1, 2024]