Federal Register / Vol. 72, No. 54 / Wednesday, March 21, 2007 / Rules and Regulations 13215 

PART 76—MULTICHANNEL VIDEO 

AND CABLE TELEVISION SERVICE 

■ 1. The authority citation for part 76 

continues to read as follows: 

Authority: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 302a, 303, 303a, 307, 308, 309, 312, 

315, 317, 325, 338, 339, 340, 503, 521, 522, 

531, 532, 533, 534, 535, 536, 537, 543, 544, 

544a, 545, 548, 549, 552, 554, 556, 558, 560, 

561, 571, 572 and 573. 

■ 2. Add Subpart C to part 76 to read 

as follows: 

Subpart C—Cable Franchise 

Applications 

§ 76.41 Franchise application process. 

(a) Definition. Competitive franchise 

applicant. For the purpose of this 

section, an applicant for a cable 

franchise in an area currently served by 

another cable operator or cable 

operators in accordance with 47 U.S.C. 

541(a)(1). 

(b) A competitive franchise applicant 

must include the following information 

in writing in its franchise application, in 

addition to any information required by 

applicable State and local laws: 

(1) The applicant’s name; 

(2) The names of the applicant’s 

officers and directors; 

(3) The business address of the 

applicant; 

(4) The name and contact information 

of a designated contact for the applicant; 

(5) A description of the geographic 

area that the applicant proposes to 

serve; 

(6) The PEG channel capacity and 

capital support proposed by the 

applicant; 

(7) The term of the agreement 

proposed by the applicant; 

(8) Whether the applicant holds an 

existing authorization to access the 

public rights-of-way in the subject 

franchise service area as described 

under paragraph (b)(5) of this section; 

(9) The amount of the franchise fee 

the applicant offers to pay; and 

(10) Any additional information 

required by applicable State or local 

laws. 

(c) A franchising authority may not 

require a competitive franchise 

applicant to negotiate or engage in any 

regulatory or administrative processes 

prior to the filing of the application. 

(d) When a competitive franchise 

applicant files a franchise application 

with a franchising authority and the 

applicant has existing authority to 

access public rights-of-way in the 

geographic area that the applicant 

proposes to serve, the franchising 

authority must grant or deny the 

application within 90 days of the date 

the application is received by the 

franchising authority. If a competitive 

franchise applicant does not have 

existing authority to access public 

rights-of-way in the geographic area that 

the applicant proposes to serve, the 

franchising authority must grant or deny 

the application within 180 days of the 

date the application is received by the 

franchising authority. A franchising 

authority and a competitive franchise 

applicant may agree in writing to extend 

the 90-day or 180-day deadline, 

whichever is applicable. 

(e) If a franchising authority does not 

grant or deny an application within the 

time limit specified in paragraph (d) of 

this section, the competitive franchise 

applicant will be authorized to offer 

service pursuant to an interim franchise 

in accordance with the terms of the 

application submitted under paragraph 

(b) of this section. 

(f) If after expiration of the time limit 

specified in paragraph (d) of this section 

a franchising authority denies an 

application, the competitive franchise 

applicant must discontinue operating 

under the interim franchise specified in 

paragraph (e) of this section unless the 

franchising authority provides consent 

for the interim franchise to continue for 

a limited period of time, such as during 

the period when judicial review of the 

franchising authority’s decision is 

pending. The competitive franchise 

applicant may seek judicial review of 

the denial under 47 U.S.C. 555. 

(g) If after expiration of the time limit 

specified in paragraph (d) of this section 

a franchising authority and a 

competitive franchise applicant agree on 

the terms of a franchise, upon the 

effective date of that franchise, that 

franchise will govern and the interim 

franchise will expire. 

[FR Doc. E7–5119 Filed 3–20–07; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01; I.D. 

031507D] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Processor Vessels Using 

Trawl Gear in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher 

processor vessels using trawl gear in the 

Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the 2007 

first seasonal allowance of the Pacific 

cod total allowable catch (TAC) 

specified for catcher processor vessels 

using trawl gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 17, 2007, through 

1200 hrs, A.l.t., April 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2007 first seasonal allowance of 

the Pacific cod TAC specified for 

catcher processor vessels using trawl 

gear in the BSAI is 18,555 metric tons 

(mt) as established by the 2007 and 2008 

final harvest specifications for 

groundfish in the BSAI (72 FR 9451, 

March 2, 2007), for the period 1200 hrs, 

A.l.t., January 20, 2007, through 1200 

hrs, A.l.t., April 1, 2007. See 

§ 679.20(c)(3)(iii), § 679.20(c)(5), and 

§ 679.20(a)(7)(i)(B). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the 2007 

first seasonal allowance of the Pacific 

cod TAC specified for catcher processor 

vessels using trawl gear in the BSAI will 

soon be reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 17,705 mt, and is 

setting aside the remaining 850 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

catcher processor vessels using trawl 

gear in the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 


cprice-sewell on PROD1PC66 with RULES
13216 Federal Register / Vol. 72, No. 54 / Wednesday, March 21, 2007 / Rules and Regulations 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod by 

catcher processor vessels using trawl 

gear in the BSAI. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of March 14, 2007. 

The AA also finds good cause to 

waive the 30–day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: March 16, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–1381 Filed 3–16–07; 1:34 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01; I.D. 

031507E] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification 

of a closure. 

SUMMARY: NMFS is opening directed 

fishing for pollock in Statistical Area 

610 of the Gulf of Alaska (GOA) for 48 

hours. This action is necessary to fully 

use the B season allowance of the 2007 

total allowable catch (TAC) of pollock 

specified for Statistical Area 610 of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 16, 2007, through 

1200 hrs, A.l.t., March 18, 2007. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., April 2, 2007. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. Comments may be 

submitted by: 

• Mail to: P.O. Box 21668, Juneau, AK 

99802; 

• Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska; 

• FAX to 907–586–7557; 

• E-mail to inseason-fakr@noaa.gov 

and include in the subject line of the email comment and in the body of the 

email the document identifier: 

‘‘g61plk2ro1’’ (E-mail comments, with 

or without attachments, are limited to 5 

megabytes); or 

• Webform at the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions at that site for submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

NMFS closed the directed fishery for 

pollock in Statistical Area 610 of the 

GOA under § 679.20(d)(1)(iii) on March 

13, 2007 (72 FR 11288, March 13, 2007). 

NMFS has determined that 

approximately 4,100 mt of pollock 

remain in the directed fishing 

allowance. Therefore, in accordance 

with § 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully utilize the B 

season allowance of the 2007 TAC of 

pollock in Statistical Area 610, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 610 of the GOA. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance will be 

reached after 48 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 610 of the 

GOA, effective 1200 hrs, A.l.t., March 

18, 2007. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the opening of pollock in 

Statistical Area 610 of the GOA. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of March 14, 

2007. 

The AA also finds good cause to 

waive the 30–day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

pollock in Statistical Area 610 of the 

GOA to be harvested in an expedient 

manner and in accordance with the 

regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

April 2, 2007. 

This action is required by § 679.25 

and § 679.20 and is exempt from review 

under Executive Order 12866. 

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

Dated: March 16, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–1382 Filed 3–16–07; 1:34 pm] 

BILLING CODE 3510–22–S 


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