Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Notices 65097 

i. FERC Contact: Robert Bell, (202) 

502–6062. 

j. Deadline for filing comments, 

protests, and motions to intervene: 60 

days from the issuance date of this 

notice. 

The Commission’s Rules of Practice 

and Procedure require all intervenors 

filing documents with the Commission 

to serve a copy of that document on 

each person in the official service list 

for the project. Further, if an intervenor 

files comments or documents with the 

Commission relating to the merits of an 

issue that may affect the responsibilities 

of a particular resource agency, they 

must also serve a copy of the document 

on that resource agency. 

k. Description of Project: The 

proposed project would use the existing 

Bureau of Reclamation’s Cle Elum Dam, 

and would consist of: (1) A proposed 

1,000-foot-long, 12-foot-diameter steel 

penstock liner fitted within the existing 

outlet tunnel, (2) a proposed 

powerhouse containing two generating 

with a total installed capacity ranging 

from 17.86 to 30.2 megawatts, (3) a 

proposed transmission line, and (4) 

appurtenant facilities. The project 

would have an annual generation 

ranging from 30.1 to 43.7 gigawatt hours 

that would be used for sale to its 

customers. 

l. Locations of Applications: A copy of 

the application is available for 

inspection and reproduction at the 

Commission in the Public Reference 

Room, located at 888 First Street NE., 

Room 2A, Washington DC 20426, or by 

calling (202) 502–8371. This filing may 

also be viewed on the Commission’s 

Web site at http://www.ferc.gov using 

the ‘‘eLibrary’’ link. Enter the docket 

number excluding the last three digits in 

the docket number field to access the 

document. For assistance, call toll-free 

1–866–208–3676 or e-mail 

FERCOnlineSupport@ferc.gov. For TTY, 

call (202) 502–8659. A copy is also 

available for inspection and 

reproduction at the address in item h 

above. 

m. Individuals desiring to be included 

on the Commission’s mailing list should 

so indicate by writing to the Secretary 

of the Commission. 

n. Competing Preliminary Permit—

Anyone desiring to file a competing 

application for preliminary permit for a 

proposed project must submit the 

competing application itself, or a notice 

of intent to file such an application, to 

the Commission on or before the 

specified comment date for the 

particular application (see 18 CFR 4.36). 

Submission of a timely notice of intent 

allows an interested person to file the 

competing preliminary permit 

application no later than 30 days after 

the specified comment date for the 

particular application. A competing 

preliminary permit application must 

conform with 18 CFR 4.30(b) and 4.36. 

o. Competing Development 

Application—Any qualified 

development applicant desiring to file a 

competing development application 

must submit to the Commission, on or 

before a specified comment date for the 

particular application, either a 

competing development application or a 

notice of intent to file such an 

application. Submission of a timely 

notice of intent to file a development 

application allows an interested person 

to file the competing application no 

later than 120 days after the specified 

comment date for the particular 

application. A competing license 

application must conform with 18 CFR 

4.30(b) and 4.36. 

p. Notice of Intent—A notice of intent 

must specify the exact name, business 

address, and telephone number of the 

prospective applicant, and must include 

an unequivocal statement of intent to 

submit, if such an application may be 

filed, either a preliminary permit 

application or a development 

application (specify which type of 

application). A notice of intent must be 

served on the applicant(s) named in this 

public notice. 

q. Proposed Scope of Studies under 

Permit—A preliminary permit, if issued, 

does not authorize construction. The 

term of the proposed preliminary permit 

would be 36 months. The work 

proposed under the preliminary permit 

would include economic analysis, 

preparation of preliminary engineering 

plans, and a study of environmental 

impacts. Based on the results of these 

studies, the Applicant would decide 

whether to proceed with the preparation 

of a development application to 

construct and operate the project. 

r. Comments, Protests, or Motions to 

Intervene—Anyone may submit 

comments, a protest, or a motion to 

intervene in accordance with the 

requirements of Rules of Practice and 

Procedure, 18 CFR 385.210, .211, .214. 

In determining the appropriate action to 

take, the Commission will consider all 

protests or other comments filed, but 

only those who file a motion to 

intervene in accordance with the 

Commission’s Rules may become a 

party to the proceeding. Any comments, 

protests, or motions to intervene must 

be received on or before the specified 

comment date for the particular 

application. 

Comments, protests and interventions 

may be filed electronically via the 

Internet in lieu of paper. See 18 CFR 

385.2001(a)(1)(iii) and the instructions 

on the Commission’s Web site under ‘‘efiling’’ link. The Commission strongly 

encourages electronic filing. 

s. Filing and Service of Responsive 

Documents—Any filings must bear in 

all capital letters the title 

‘‘COMMENTS’’, ‘‘COMPETING 

APPLICATION’’, 

‘‘RECOMMENDATIONS FOR TERMS 

AND CONDITIONS’’, ‘‘PROTEST’’, OR 

‘‘MOTION TO INTERVENE’’, as 

applicable, and the Project Number of 

the particular application to which the 

filing refers. Any of the above-named 

documents must be filed by providing 

the original and the number of copies 

provided by the Commission’s 

regulations to: The Secretary, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426. 

A copy of any motion to intervene must 

also be served upon each representative 

of the Applicant specified in the 

particular application. 

t. Agency Comments—Federal, State, 

and local agencies are invited to file 

comments on the described application. 

A copy of the application may be 

obtained by agencies directly from the 

Applicant. If an agency does not file 

comments within the time specified for 

filing comments, it will be presumed to 

have no comments. One copy of an 

agency’s comments must also be sent to 

the Applicant’s representatives. 

Magalie R. Salas, 

Secretary. 

[FR Doc. E6–18678 Filed 11–6–06; 8:45 am] 

BILLING CODE 6717–01–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

Sunshine Act Meeting 

ACTION: Notice of a Partially Open 

Meeting of the Board of Directors of the 

Export-Import Bank of the United 

States. 

TIME AND PLACE: Thursday, November 9, 

2006 at 10:30 a.m. The meeting will be 

held at Ex-Im Bank in Room 1143, 811 

Vermont Avenue, NW., Washington, DC 

20571. 

OPEN AGENDA ITEM: Ex-Im Bank Advisory 

Committee for 2007. 

PUBLIC PARTICIPATION: The meeting will 

be open to public participation for Item 

No. 1 only. 

FOR FURTHER INFORMATION: For further 

information, contact: Office of the 

Secretary, 811 Vermont Avenue, NW., 


ycherry on PROD1PC64 with NOTICES
65098 Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Notices 

Washington, DC 20571 (Tele. No. 202–

565–3957). 

Howard A. Schweitzer, 

General Counsel. 

[FR Doc. 06–9130 Filed 11–3–06; 3:31 pm] 

BILLING CODE 6690–01–M 

FEDERAL COMMUNICATIONS 

COMMISSION 

[AU Docket No. 06–101; Report No. AUC–

06–68–B (Auction No. 68); DA 06–1949] 

Auction of FM Broadcast Construction 

Permits Scheduled for January 10, 

2007; Notice and Filing Requirements, 

Minimum Opening Bids, Upfront 

Payments and Other Procedures for 

Auction No. 68 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: This document announces the 

procedures and minimum opening bids 

for the upcoming auction of certain FM 

Broadcast construction permits. This 

document is intended to familiarize 

prospective bidders with the procedures 

and minimum opening bids for this 

auction. 

DATES: Short Form applications to 

participate in Auction No. 68 must be 

filed before 6 p.m. on November 13, 

2006. Auction No. 68 is scheduled to 

begin on January 10, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Auctions Spectrum Access Division, 

Wireless Telecommunications Bureau: 

For legal questions: Lynne Milne at 

(202) 418–0660. For general auction 

questions: Debbie Smith or Lisa Stover 

at (717) 338–2868. Audio Division, 

Media Bureau: For service rule 

questions: Lisa Scanlan or Thomas 

Nessinger at (202) 418–2700. To request 

materials in accessible formats (Braille, 

large print, electronic files, or audio 

format) for people with disabilities, 

send an e-mail to fcc504@fcc.gov or call 

the Consumer and Governmental Affairs 

Bureau at (202) 418–0530 or (202) 418–

0432 (TTY). 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Auction No. 68 

Procedures Public Notice released on 

October 6, 2006. The complete text of 

the Auction No. 68 Procedures Public 

Notice, including attachments, as well 

as related Commission documents, are 

available for public inspection and 

copying from 8 a.m. to 4:30 p.m. Eastern 

Time (ET) Monday through Thursday or 

from 8 a.m. to 11:30 a.m. on Friday at 

the FCC Reference Information Center, 

Portals II, 445 12th Street SW., Room 

CY–A257, Washington, DC 20554. The 

Auction No. 68 Procedures Public 

Notice and related Commission 

documents may also be purchased from 

the Commission’s duplicating 

contractor, Best Copy and Printing, Inc. 

(BCPI), Portals II, 445 12th Street SW., 

Room CY-B402, Washington, DC 20554, 

telephone 202–488–5300, facsimile 

202–488–5563, or by contacting BCPI at 

its Web site: http://www.BCPIWEB.com. 

When ordering documents from BCPI 

please provide the appropriate FCC 

document number, for example, DA 06–

1949 for the Auction No. 68 Procedures 

Public Notice. The Auction No. 68 

Procedures Public Notice and related 

documents are also available on the 

Internet at the Commission’s Web site: 

http://wireless.fcc.gov/auctions/68/. 

I. General Information 

A. Introduction 

1. The Media Bureau and Wireless 

Telecommunications Bureau 

(collectively the Bureaus) announce the 

procedures and minimum opening bid 

amounts for the upcoming auction of 

certain FM broadcast construction 

permits scheduled to begin on January 

10, 2007 (Auction No. 68). On August 

24, 2006, in accordance with Section 

309(j)(3) of the Communications Act of 

1934, as amended, the Bureaus released 

a public notice seeking comment on 

reserve prices or minimum opening bid 

amounts and the procedures to be used 

in Auction No. 68. Interested parties 

submitted six comments and one reply 

comment in response to the Auction No. 

68 Comment Public Notice, 71 FR 

51822, August 31, 2006. 

i. Construction Permits To Be Auctioned 

2. Auction No. 68 will offer nine 

construction permits in the FM 

broadcast service as listed in 

Attachment A of the Auction No. 68 

Procedures Public Notice. The 

construction permits to be auctioned are 

nine unsold FM construction permits 

from Auction Nos. 37 and 62. These 

construction permits are for vacant FM 

allotments, reflecting FM channels 

assigned to the FM Table of Allotments, 

pursuant to the Commission’s 

established rulemaking procedures, and 

are designated for use in the indicated 

communities. 

3. Pursuant to the policies established 

in the Broadcast Competitive Bidding 

First Report and Order, 63 FR 48615, 

September 11, 1998, applicants may 

apply for any vacant FM allotment 

listed in Attachment A of the Auction 

No. 68 Procedures Public Notice. When 

two or more short-form applications 

(FCC Form 175) specifying the same FM 

allotment are accepted for filing, mutual 

exclusivity (MX) exists for auction 

purposes, and thus, that construction 

permit for the FM allotment will be 

awarded by competitive bidding 

procedures. Once mutual exclusivity 

exists for auction purposes, even if only 

one applicant within an MX group 

submits an upfront payment, that 

applicant is required to submit a bid in 

order to obtain the construction permit. 

Any applicant that submits a short-form 

application that is accepted for filing 

but fails to timely submit an upfront 

payment will retain its status as an 

applicant in Auction No. 68 and will 

remain subject to the Commission’s 

anti-collusion rules, but will not be 

eligible to bid, having purchased no 

bidding eligibility. 

4. A commenter contends that the 

Auction No. 68 Comment Public Notice 

is deficient in that it does not 

sufficiently encourage the submission of 

applications for noncommercial 

educational (NCE) broadcast stations. 

The commenter surmises that, because 

the construction permits available in 

Auction No. 68 were unsold previously 

in Auction Nos. 37 and 62, this shows 

a lack of interest in providing 

commercial service in these areas, and 

therefore suggests that encouraging 

applications for NCE stations might 

result in new NCE service to these 

locations. The commenter’s suggestion 

rests on an erroneous premise that there 

was a lack of interest in these permits. 

Rather, as discussed further below, the 

permits in this auction received 

multiple bids in those prior auctions. 

These permits are available now 

because either a bidder withdrew a high 

bid during the previous auction or a 

winning bidder defaulted after the close 

of the auction. 

5. The same commenter also suggests 

that the Auction No. 68 Comment Public 

Notice was deficient because it did not 

contain instructions for the submission 

of applications for NCE stations, citing 

a portion of 47 CFR 73.5002(a) which 

states that initial and other public 

notices will contain instructions for 

completing applications to participate 

in the broadcast auction, and 

applications for NCE stations. The 

commenter’s argument fails to recognize 

that an initial auction public notice is 

limited to announcing the upcoming 

auction and specifying the period for 

short-form applications. The 

Commission’s initial auction public 

notices for FM auctions do not supply 

specific application filing instructions. 

Rather, such instructions are typically 

supplied in a subsequent public notice, 

such as the Auction No. 68 Procedures 

Public Notice, which announces the 


ycherry on PROD1PC64 with NOTICES