41012 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Proposed Rules

PART 261—IDENTIFICATION AND

LISTING OF HAZARDOUS WASTE

1. The authority citation for part 261

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921,

6922 and 6938.

Appendix IX to Part 261—[Amended]

2. In Appendix IX to part 261, table

2 is amended by removing the entry

‘‘Reynolds Metals Company’’, Gum

Springs, Arkansas’’.

[FR Doc. 97–19885 Filed 7–30–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 2

[ET Docket No. 97–157; FCC 97–245]

Reallocation of TV Channels 60–69, the

746–806 MHz Band

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: By this Notice of Proposed

Rule Making (NPRM), the Commission

proposes to reallocate the 746–806 MHz

band, currently comprising television

(TV) channels 60–69. The Commission

proposes to allocate 24 megahertz, at

764–776 MHz and 794–806 MHz, to the

fixed and mobile services, and to

designate this spectrum for public safety

use. The Commission proposes to

allocate the remaining 36 megahertz at

746–764 MHz and 776–794 MHz to the

fixed, mobile, and broadcasting services;

and anticipates that licenses in this

portion of the band may be assigned

through competitive bidding. These

allocations would help to meet the

needs of public safety for additional

spectrum, make new technologies and

services available to the American

public, and allow more efficient use of

spectrum in the 746–806 MHz band.

The Commission also considers issues

related to protecting existing and

proposed TV stations on channels 60–69

from interference until the transition to

digital TV (DTV) is complete, but defer

specific interference protection

standards to a separate proceeding on

service rules in the 746–806 MHz band.

DATES: Comments must be filed on or

before September 15, 1997, and reply

comments must be filed on or before

October 14, 1997.

ADDRESSES: Comments and reply

comments should be sent to the Office

of Secretary, Federal Communications

Commission, Washington, DC 20554. If

participants want each Commissioner to

receive a personal copy of their

comments, an original plus nine copies

must be filed.

FOR FURTHER INFORMATION CONTACT:

Sean White, Office of Engineering and

Technology, (202) 418–2453,

swhite@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, ET Docket 97–

157, FCC 97–245, adopted July 9, 1997,

and released July 10, 1997. The full text

of this Commission decision is available

for inspection and copying during

regular business hours in the FCC

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision also may

be purchased from the Commission’s

duplication contractor, International

Transcription Service, Inc., (202) 857–

3800, 1231 20th Street, NW.,

Washington, DC 20036.

Summary of Notice of Proposed Rule

Making

1. In this NPRM, the Commission

proposes to reallocate 24 megahertz of

spectrum at 764–776 MHz and 794–806

MHz to the fixed and mobile services,

and reserve this spectrum for the

exclusive use of public safety services.

The Commission also proposes to

reallocate the 746–764 MHz and 776–

794 MHz bands to the fixed, mobile, and

broadcasting services, and anticipates

that licenses in this spectrum will be

assigned by competitive bidding.

2. TV channels 60–69 (746–806 MHz)

are relatively lightly used for full service

television operations. There are

currently only 95 full service analog

stations, either operating or with

approved construction permits on these

channels. In the Sixth Report and Order

in MM Docket No. 87–268 (DTV

Proceeding), 62 FR 26684, May 14,

1997, the Commission adopted a Table

of Allotments for digital television. This

Table provides all eligible broadcasters

with a second 6 MHz channel to be used

for DTV service during the transition

from analog to digital television service.

The DTV Table also, inter alia,

facilitates the early recovery of a portion

of the existing broadcast spectrum,

specifically, channels 60–69, by

minimizing the use of these channels for

DTV purposes. The DTV Table provides

only 15 allotments for DTV stations on

channels 60–69 in the continental

United States.

3. In providing for early recovery of

spectrum, the Commission also

observed that there is an urgent need for

additional spectrum to meet important

public safety needs, including voice and

data communications, and to provide

for improved interoperability between

public safety agencies. We indicated

that spectrum in the region of the 746–

806 MHz band may be appropriate to

meet some of these needs. The

Commission stated that we would

initiate a separate proceeding to

reallocate the spectrum at channels 60–

69 in the very near future, and that we

would give serious consideration to

allocating 24 megahertz of this spectrum

for public safety use and consider

allocating the remaining 36 megahertz

in the 746–806 MHz band for

assignment by auction.

4. In 1995, the Commission, along

with the National Telecommunications

and Information Administration,

established the Public Safety Wireless

Advisory Committee (PSWAC) to study

public safety telecommunications

requirements. The PSWAC was

chartered, inter alia, to advise the

Commission on total spectrum

requirements for the operational needs

of public safety entities in the United

States through the year 2010. On

September 11, 1996, the PSWAC issued

its Final Report. The PSWAC found that

the currently allocated public safety

spectrum is insufficient to support

current voice and data needs of the

public safety community, does not

provide adequate capacity for

interoperability channels, and is

inadequate to meet future needs, based

on projected population growth and

demographic changes. In the Final

Report, the PSWAC stated that data

communication needs are also expected

to grow rapidly in the next few years,

and wireless video needs are expected

to expand quickly. In addition, new

spectrum is required to support new

capabilities and technologies, including

high speed data and video. The PSWAC

found that, in the short term, 24 or 25

megahertz of new public safety

spectrum is needed, and concluded that

public safety users should be granted

access to portions of the unused

spectrum in the 746–806 MHz band.

5. The Commission tentatively

proposes to allocate the spectrum at TV

channels 63, 64, 68, and 69 (the 764–

776 MHz and 794–806 MHz bands) for

public safety. There are several reasons

why the Commission believes these

channels would best serve the needs of

public safety. These channels are

relatively lightly used by full service

television broadcasting, so this

spectrum would offer the fewest

restrictions on public safety operations.

Further, since the 794–806 MHz band is

subjacent to existing public safety

operations in the 806–824 MHz band, it

holds the best potential for expansion of
Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Proposed Rules 41013

1 5 U.S.C. 603. 2See id. § 603(a).

3 13 CFR § 121.201, Standard Industrial Code

(SIC) 4833 (1996).

4Economics and Statistics Administration,

Bureau of Census, U.S. Department of Commerce,

1992 Census of Transportation, Communications

and Utilities, Establishment and Firm Size, Series

UC92–S–1, Appendix A–9 (1995).

5 Id. See Executive Office of the President, Office

of Management and Budget, Standard Industrial

Classification Manual (1987), at 283, which

describes ‘‘Television Broadcasting Stations (SIC

Code 4833) as:

Establishments primarily engaged in broadcasting

visual programs by television to the public, except

cable and other pay television services. Included in

Continued

and interoperability with existing

systems. The close proximity to existing

spectrum used for public safety could

also reduce the difficulty and cost of

designing equipment. The Commission

is aware that public safety systems

typically employ systems that for

technical reasons require some

minimum separation between the

receive and transmit frequencies, and

believes the proposed allocation would

permit systems to be deployed with

adequate separation between transmit

and receive frequencies.

6. The Commission proposes to

reallocate the remaining 36 MHz of

spectrum in the 746–806 MHz band to

the fixed and mobile services, and retain

the existing broadcast allocation. This

would allow the maximum diversity in

service offerings and the broadest

licensee discretion, consistent with

international allocations.

Internationally, the band is allocated on

a primary basis to the broadcasting

service and on a secondary basis to the

fixed and mobile services in Region 2.

A footnote to the International Table of

Frequency Allocations elevates the

allocation to the fixed and mobile

services to primary status in the United

States, Mexico, and several other Region

2 countries. This spectrum is located

near spectrum now used for cellular

telephone and other land mobile

services, and it could be used to expand

the capacities of these services. Other

possible applications for this spectrum

include wireless local loop telephone

service, video and multimedia

applications, wireless cable services,

and industrial communications services.

Additionally, under the proposal,

parties would be able to obtain licenses

in this spectrum to offer broadcasting.

7. The Commission solicits public

comment on the proposed allocation,

and defers consideration of protection of

TV transmission in the bands, licensing,

and service rules to a separate

proceeding.

Initial Regulatory Flexibility Analysis

As required by the Regulatory

Flexibility Act,1 the Commission has

prepared an Initial Regulatory

Flexibility Analysis of the expected

significant economic impact on small

entities by the policies and rules

proposed in this Notice of Proposed

Rule Making (NPRM). Written public

comments are requested on the IRFA.

Comments must be identified as

responses to the IRFA and must be filed

by the deadlines for comments on the

NPRM provided above. The Secretary

shall send a copy of this NPRM,

including the IRFA, to the Chief

Counsel for Advocacy of the Small

Business Administration.2

A. Need for and Objectives of the

Proposed Rules

This NPRM proposes to reallocate the

746–806 MHz band, television (TV)

Channels 60–69, to other services. We

propose to allocate 24 megahertz at 764–

776 MHz and 794–806 MHz for public

safety use. We propose to allocate the

remaining 36 megahertz at 746–764

MHz and 776–794 MHz to the fixed and

mobile services, and to retain the

allocation to the broadcasting service in

these bands. We further propose to

protect full-power TV stations in the

band until the transition to digital

television (DTV) is complete, and to

retain the secondary status in the band

of Low Power TV (LPTV) and TV

translator stations. These allocations

would help alleviate a critical shortage

of public safety spectrum, make new

technologies and services available to

the American public, and allow more

efficient use of spectrum in the 746–806

MHz band.

B. Legal Basis

The proposed action is taken pursuant

to sections 4(i), 303(c), 303(f), 303(g),

and 303(r) of the Communications Act

of 1934, as amended, 47 U.S.C. 154(i),

303(c), 303(f), 303(g), and 303(r).

C. Description and Estimate of the

Number of Small Entities to Which the

Proposed Rules Will Apply

1. Definition of a ‘‘Small Business’’

Under the RFA, small entities may

include small organizations, small

businesses, and small governmental

jurisdictions. 5 U.S.C. 601(6). The RFA,

5 U.S.C. 601(3), generally defines the

term ‘‘small business’’ as having the

same meaning as the term ‘‘small

business concern’’ under the Small

Business Act, 15 U.S.C. 632. A small

business concern is one which: (1) Is

independently owned and operated; (2)

is not dominant in its field of operation;

and (3) satisfies any additional criteria

established by the Small Business

Administration (‘‘SBA’’). According to

the SBA’s regulations, entities engaged

in television broadcasting Standard

Industrial Classification (‘‘SIC’’) Code

4833—Television Broadcasting Stations,

may have a maximum of $10.5 million

in annual receipts in order to qualify as

a small business concern. This standard

also applies in determining whether an

entity is a small business for purposes

of the RFA.

2. Issues in Applying the Definition of

a ‘‘Small Business’’

As discussed below, we could not

precisely apply the foregoing definition

of ‘‘small business’’ in developing our

estimates of the number of small entities

to which the rules will apply. Our

estimates reflect our best judgments

based on the data available to us.

An element of the definition of ‘‘small

business’’ is that the entity not be

dominant in its field of operation. We

were unable at this time to define or

quantify the criteria that would

establish whether a specific television

station is dominant in its field of

operation. Accordingly, the following

estimates of small businesses to which

the new rules will apply do not exclude

any television station from the

definition of a small business on this

basis and are therefore overinclusive to

that extent. An additional element of the

definition of ‘‘small business’’ is that the

entity must be independently owned

and operated. As discussed further

below, we could not fully apply this

criterion, and our estimates of small

businesses to which the rules may apply

may be overinclusive to this extent. The

SBA’s general size standards are

developed taking into account these two

statutory criteria. This does not

preclude us from taking these factors

into account in making our estimates of

the numbers of small entities.

3. Television Station Estimates Based on

Census Data

The NPRM will affect full service

television stations, TV translator

facilities, and LPTV stations. The Small

Business Administration defines a

television broadcasting station that has

no more than $10.5 million in annual

receipts as a small business.3 Television

broadcasting stations consist of

establishments primarily engaged in

broadcasting visual programs by

television to the public, except cable

and other pay television services.4

Included in this industry are

commercial, religious, educational, and

other television stations.5 Also included
41014 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Proposed Rules

this industry are commercial, religious, educational

and other television stations. Also included here are

establishments primarily engaged in television

broadcasting and which produce taped television

program materials.

6Economics and Statistics Administration,

Bureau of Census, U.S. Department of Commerce,

supra note 7, Appendix A–9.

7 Id.; SIC 7812 (Motion Picture and Video Tape

Production); SIC 7922 (Theatrical Producers and

Miscellaneous Theatrical Services (producers of

live radio and television programs).

8FCC News Release No. 31327, January 13, 1993;

Economics and Statistics Administration, Bureau of

Census, U.S. Department of Commerce, supra note

7, Appendix A–9.

9FCC News Release No. 7033, March 6, 1997.

10Census for Communications’ establishments are

performed every five years ending with a ‘‘2’’ or

‘‘7’’. See Economics and Statistics Administration,

Bureau of Census, U.S. Department of Commerce,

supra note 7, at III.

11The amount of $10 million was used to

estimate the number of small business

establishments because the relevant Census

categories stopped at $9,999,999 and began at

$10,000,000. No category for $10.5 million existed.

Thus, the number is as accurate as it is possible to

calculate with the available information.

12We use the 77 percent figure of TV stations

operating at less than $10 million for 1992 and

apply it to the 1997 total of 1551 TV stations to

arrive at 1,194 stations categorized as small

businesses.

13 Minority Commercial Broadcast Ownership in

the United States, U.S. Dep’t of Commerce, National

Telecommunications and Information

Administration, The Minority Telecommunications

Development Program (‘‘MTDP’’) (April 1996).

MTDP considers minority ownership as ownership

of more than 50% of a broadcast corporation’s

stock, voting control in a broadcast partnership, or

ownership of a broadcasting property as an

individual proprietor. Id. The minority groups

included in this report are Black, Hispanic, Asian,

and Native American.

14See Comments of American Women in Radio

and Television, Inc. in MM Docket No. 94–149 and

MM Docket No. 91–140, at 4 n.4 (filed May 17,

1995), citing 1987 Economic Censuses, WomenOwned Business, WB87–1, U.S. Dep’t of Commerce,

Bureau of the Census, August 1990 (based on 1987

Census). After the 1987 Census report, the Census

Bureau did not provide data by particular

communications services (four-digit Standard

Industrial Classification (SIC) Code), but rather by

the general two-digit SIC Code for communications

(#48). Consequently, since 1987, the U.S. Census

Bureau has not updated data on ownership of

broadcast facilities by women, nor does the FCC

collect such data. However, we sought comment on

whether the Annual Ownership Report Form 323

should be amended to include information on the

gender and race of broadcast license owners.

Policies and Rules Regarding Minority and Female

Ownership of Mass Media Facilities, Notice of

Proposed Rule Making, 10 FCC Rcd 2788, 2797

(1995), 60 FR 06068, February 1, 1995.

15FCC News Release No. 7033, March 6, 1997.

16The Commission’s definition of a small

broadcast station for purposes of applying its EEO

rule was adopted prior to the requirement of

approval by the Small Business Administration

pursuant to section 3(a) of the Small Business Act,

15 U.S.C. § 632(a), as amended by section 222 of the

Small Business Credit and Business Opportunity

Enhancement Act of 1992, Public Law 102–366,

§ 222(b)(1), 106 Stat. 999 (1992), as further amended

by the Small Business Administration

Reauthorization and Amendments Act of 1994,

Public Law 103–403, § 301, 108 Stat. 4187 (1994).

However, this definition was adopted after public

notice and an opportunity for comment. See Report

and Order in Docket No. 18244, 23 FCC 2d 430

(1970), 35 FR 8925, June 6, 1970.

17See, e.g., 47 CFR § 73.3612 (Requirement to file

annual employment reports on Form 395-B applies

to licensees with five or more full-time employees);

First Report and Order in Docket No. 21474 (In the

Matter of Amendment of Broadcast Equal

Employment Opportunity Rules and FCC Form

395), 70 FCC 2d 1466 (1979), 44 FR 6722, February

2, 1979. The Commission is currently considering

how to decrease the administrative burdens

imposed by the EEO rule on small stations while

maintaining the effectiveness of our broadcast EEO

enforcement. Order and Notice of Proposed Rule

Making in MM Docket No. 96–16 (In the Matter of

Streamlining Broadcast EEO Rule and Policies,

Vacating the EEO Forfeiture Policy Statement and

Amending Section 1.80 of the Commission’s Rules

to Include EEO Forfeiture Guidelines), 11 FCC Rcd

5154 (1996), 61 FR 09964, March 12, 1996. One

option under consideration is whether to define a

small station for purposes of affording such relief

as one with ten or fewer full-time employees. Id. at

¶ 21.

18We base this estimate on a compilation of 1995

Broadcast Station Annual Employment Reports

(FCC Form 395–B), performed by staff of the Equal

Opportunity Employment Branch, Mass Media

Bureau, FCC.

19 5 U.S.C. § 601(5).

20 Id.

are establishments primarily engaged in

television broadcasting and which

produce taped television program

materials.6 Separate establishments

primarily engaged in producing taped

television program materials are

classified under another SIC number.7

There were 1,509 television stations

operating in the nation in 1992.8 That

number has remained fairly constant as

indicated by the approximately 1,551

operating television broadcasting

stations in the nation as of February 28,

1997.9 For 1992 10 the number of

television stations that produced less

than $10.0 million in revenue was 1,155

establishments, or approximately 77

percent of the 1,509 establishments.11

Thus, the rules will affect

approximately 1,551 television stations;

approximately 1,194 of those stations

are considered small businesses.12

These estimates may overstate the

number of small entities since the

revenue figures on which they are based

do not include or aggregate revenues

from non-television affiliated

companies. We recognize that the rules

may also impact minority and women

owned stations, some of which may be

small entities. In 1995, minorities

owned and controlled 37 (3.0%) of

1,221 commercial television stations in

the United States.13 According to the

U.S. Bureau of the Census, in 1987

women owned and controlled 27 (1.9%)

of 1,342 commercial and noncommercial television stations in the

United States.14

There are currently 4,977 TV

translator stations and 1,952 LPTV

stations which would be affected by the

allocation policy and other policies in

this proceeding.15 The Commission does

not collect financial information of any

broadcast facility and the Department of

Commerce does not collect financial

information on these broadcast

facilities. We will assume for present

purposes, however, that most of these

broadcast facilities, including LPTV

stations, could be classified as small

businesses. As indicated earlier,

approximately 77 percent of television

stations are designated under this

analysis as potentially small business.

Given this, LPTV and TV translator

stations would not likely have revenues

that exceed the SBA maximum to be

designated as small businesses.

4. Alternative Classification of Small

Television Stations

An alternative way to classify small

television stations is by the number of

employees. The Commission currently

applies a standard based on the number

of employees in administering its Equal

Employment Opportunity (‘‘EEO’’) rule

for broadcasting.16 Thus, radio or

television stations with fewer than five

full-time employees are exempted from

certain EEO reporting and

recordkeeping requirements.17 We

estimate that the total number of

commercial television stations with 4 or

fewer employees is 132 and that the

total number of noncommercial

educational television stations with 4 or

fewer employees is 136.18

We have concluded that the 746–806

MHz band can be recovered

immediately, and that it is in the public

interest to reallocate this spectrum to

uses in addition to TV broadcasting. We

believe that such a reallocation is

possible while continuing to protect TV.

There are 95 full power TV stations,

either operating or with approved

construction permits, in Channel 60–69.

There are also nine proposed stations,

and approximately 15 stations will be

added during the DTV transition period,

for a total of approximately 119

nationwide. There are also

approximately 1,366 LPTV stations and

TV translator stations in the band,

operating on a secondary basis to full

power TV stations. We propose to

immediately reallocate the 746–806

MHz band in order to maximize the

public benefit available from its use.

The RFA also includes small

governmental entities as a part of the

regulatory flexibility analysis.19 The

definition of a small governmental

entity is one with a population of fewer

than 50,000.20 There are approximately

85,006 governmental entities in the
Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Proposed Rules 41015

21 1992 Census of Governments, U.S. Bureau of

the Census, U.S. Department of Commerce.

22 Id.

nation.21 This number includes such

entities as states, counties, cities, utility

districts and school districts. There are

no figures available on what portion of

this number have populations of fewer

than 50,000. However, this number

includes 38,978 counties, cities and

towns, and of those, 37,566, or 96

percent, have populations of fewer than

50,000.22 The Census Bureau estimates

that this ratio is approximately accurate

for all governmental entities. Thus, of

the approximately 85,006 governmental

entities, we estimate that 96 percent, or

81,600, are small entities that may be

affected by our rules.

D. Description of Projected Reporting,

Recordkeeping and Other Compliance

Requirements

None.

E. Significant Alternatives to Proposed

Rules which Minimize Significant

Economic Impact on Small Entities and

Accomplish Stated Objectives

We do not propose to provide LPTV

and TV translator stations with the same

protection afforded to full-power TV

stations. Because of the large number of

such stations, protecting them would

significantly diminish the utility of the

746–806 MHz band to both public safety

and commercial users. Also, LPTV and

TV translator stations are secondary in

this band, and we have proposed to

make public safety and commercial

services primary in the band. We remain

concerned, however, for the interests of

LPTV and TV translator stations because

they are a valuable part of the American

telecommunications structure and

economy. For this reason, we seek

measures which will allow as many

LPTV and TV translator stations as

possible to remain in operation. At a

minimum, we propose to continue the

secondary status of these stations, so

that they will not be required to change

or cease their operations until they

actually interfere with one of the newlyallocated services. We also request

comment on a number of measures

which may alleviate the impact of

reallocation of the 746–806 MHz band

on LPTV and TV translator stations. We

request comment on these options, with

emphasis on how we can ensure

fairness to all licensees, and how we can

best balance the interests of current and

future licensees to the benefit of the

public.

F. Federal Rules That May Duplicate,

Overlap, or Conflict With the Proposed

Rules.

None.

List of Subjects in 47 CFR Part 2

Frequency allocations and radio treaty

matters, Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–20078 Filed 7–30–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–161; RM–9111]

Radio Broadcasting Services;

Susquehanna, PA and Walton, NY

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by KG

Broadcasting, Inc., proposing the

substitution of Channel 223B1 for

Channel 223A at Susquehanna,

Pennsylvania, and the modification of

Station WKGB–FM’s license

accordingly. To accommodate the

upgrade, petitioner also proposes the

substitution of Channel 248A for

Channel 221A at Walton, New York,

and the modification of Station WDLA–

FM’s license accordingly. Channel

223B1 can be allotted to Susquehanna

in compliance with the Commission’s

minimum distance separation

requirements with a site restriction of

5.9 kilometers (3.7 miles) east to

accommodate petitioner’s requested

site. The coordinates for Channel 223B1

at Susquehanna are North Latitude 41–

56–05 and West Longitude 75–32–00.

See Supplementary Information, infra.

DATES: Comments must be filed on or

before September 15, 1997, and reply

comments on or before September 30 ,

1997.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Benjamin J. Smith, President,

KG Broadcasting, Inc., 776 Conklin

Road, Binghamton, New York 13903

(Petitioner).

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

97–161, adopted July 16, 1997, and

released July 25, 1997. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., (202) 857–

3800, 2100 M Street, NW., Suite 140,

Washington, DC 20037.

Additionally, Channel 248A can be

allotted to Walton in compliance with

the Commission’s minimum distance

separation requirements with a site

restriction of 5.5 kilometers (3.4 miles)

southeast to avoid a short-spacing to the

licensed site of Station WYXL(FM),

Channel 247B, Ithaca, New York. The

coordinates for Channel 248A at Walton

are North Latitude 42–08–10 and West

Longitude 75–04–48. Since

Susquehanna and Walton are located

within 320 kilometers (200 miles) of the

U.S.-Canadian border, concurrence of

the Canadian government has been

requested.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a notice of proposed

rule making is issued until the matter is

no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–20166 Filed 7–30–97; 8:45 am]

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