43122 Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations

7U.S. Bureau of the Census, U.S. Department of

Commerce, 1992 Census of Transportation,

Communications, and Utilities, UC92–S–1, Subject

Series, Establishment and Firm Size, Table 5,

Employment Size of Firms: 1992, SIC 4812 (issued

May 1995).

Communications, and Utilities,

conducted by the Bureau of the Census,

which is the most recent information

available. This document shows that

only 12 radiotelephone firms out of a

total of 1,178 such firms which operated

during 1992 had 1,000 or more

employees.7 Therefore, the majority of

entities to provide telecommunications

services in the 47 GHz band may be

small businesses under SBA’s

definition.

46. The Commission has not

developed a definition of small entities

applicable to licensees in the 47 GHz

band, because the band is being opened

for the first time for commercial,

licensed use in this Second R&O and

has not been subject to licensing. The

RFA amendments were not in effect

when the First NPRM was released, and

no data has been received establishing

the number of small businesses to be

associated with services in the band.

Although we proposed to auction the

spectrum for assignment, we did not

request information regarding the

potential number of small businesses

interested in obtaining licenses. We do

not adopt in the Second R&O our

proposal to auction the spectrum, and

instead will seek additional comment in

a future Notice of Proposed Rulemaking

in which we will also propose the

service rules to implement services in

the 47 GHz band. Thus, we are unable

to estimate the potential number of

entities that may apply for a license that

may be small businesses.

IV. Description of Projected Reporting,

Recordkeeping, and Other Compliance

Requirements

47. We do not adopt any rules that

entail reporting, recordkeeping, and

third party consultation. Until we adopt

service rules to govern the licensing,

operating, and technical aspects of our

decision, there are no requirements to

impose on any entities.

V. Significant Alternatives to Proposed

Rules Which Minimize Significant

Economic Impact on Small Entities and

Accomplish Stated Objectives

48. We agree with many small entities

that opening up the 47 GHz band for

commercial uses is timely and feasible,

and would be in the public interest.

Small entities, such as Avant-Garde and

MACOM, see many future market

opportunities and have developed

equipment, or expect to readily modify

equipment, to meet consumer demand

for the kinds of services to be provided.

Sky Station has developed an

innovative technology that uses

platforms fixed in the stratosphere to

deliver services in an efficient and

effective manner. They and other small

or new entities will benefit from the

demand for commercial applications of

their technologies.

49. We agree with commenters, such

as Avant-Garde and Metricom, to adopt

the flexible licensing framework we

proposed that authorizes any service

allowed under the Table of Frequency

Allocations. We find that a broadly

defined service allocation assures that

the 47 GHz band will be used to the

greatest benefit of the public by giving

licensees, including small entities, the

flexibility to meet demands. We also

adopt our proposal to prescribe service

rules for the licensing of the band based

on what the dominant use is likely to

be, as demonstrated by the comments.

We agree with Avant-Garde to

reexamine the likely uses and find that,

while the predominant uses are the

fixed point-to-multipoint uses we

predicted, they would not be based on

LMDS-type technology but rather on

millimeter wave technology based on

stratospheric platforms for delivery of

service as proposed for the 47 GHz band

by Sky Station. We deny Sky Station’s

request to modify the Table of

Frequency Allocations to protect its

service, and find that its need for

protection from interference is properly

addressed in the future proceeding in

which we will establish the technical

and operational service rules to govern

the authorized services in the band.

50. We decide to adopt our proposal

to license on the basis of geographic

areas in order to enable the broadest

range of uses for the band and ensure

efficient and effective operations. Areabased licensing provides greater

operational flexibility and ease of

administration that is particularly

beneficial to small entities. We defer

questions about the appropriate size of

the area as raised by Sky Station to our

consideration of service rules in a future

proceeding.

51. Because of the change in the

potential predominant use for the band,

we do not adopt our proposed

channelization plan and instead revise

the subdivision of the spectrum to

reflect the proposed uses, as P-Com

requests. We agree with Sky Station to

divide the bands into five pairs of 100

megahertz channels, with each pair

separated by 500 megahertz. This

provides adequate bandwidth to

accommodate the predominant uses.

VI. Report to Congress

52. We will submit a copy of this

Final Regulatory Flexibility Analysis,

along with the Order, in a report to

Congress pursuant to 5 U.S.C.

801(a)(1)(A).

53. It is ordered that the actions of the

Commission herein are taken pursuant

to sections 4(i), 257, 303(r), and 309(j)

of the Communications Act of 1934, 47

U.S.C. 154(i), 257, 303(r), 309(j).

54. It is further ordered that these

actions shall take effect October 14,

1997.

55. It is further ordered that the

Request and Petition and Application

filed by Sky Station, the Further

Comments filed by Sky Station, and the

comments and reply comments filed in

response thereto, are accepted in this

record as late-filed comments.

56. It is further ordered that the

spectrum 47.2–48.2 GHz (47 GHz band)

is designated for licensed, commercial

use on the basis of area-wide licenses in

accordance with the terms of this

Second R&O.

57. It is further ordered that a division

of the spectrum for license blocks is

adopted for the 47 GHz band that

divides the band into five spectrum

blocks of 200 megahertz each for

licensing, with each block consisting of

a pair of 100 megahertz channels

separated by 500 megahertz.

List of Subjects

47 CFR Part 2

Communications equipment.

47 CFR Part 15

Communications equipment, Radio.

47 CFR Part 97

Communications equipment, Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–21180 Filed 8–11–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 32 and 53

[CC Docket No. 96–150; FCC 96–490]

Accounting Safeguards Under the

Telecommunications Act of 1996

AGENCY: Federal Communications

Commission.

ACTION: Final rule; establishment of

effective date.

SUMMARY: The requirements and

regulations established by the
Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations 43123

Accounting Safeguards Order, including

the modifications to our affiliate

transactions rules, shall become

effective August 12, 1997. These

amendments, which contained

information collection requirements,

were published in the Federal Register

of January 21, 1997, and corrected by a

document published on March 6, 1997.

EFFECTIVE DATE: The amendments to 47

CFR parts 32 and 53 published at 62 FR

2918 and corrected at 62 FR 10220 are

effective August 12, 1997.

FOR FURTHER INFORMATION CONTACT:

Warren Firschein, Common Carrier

Bureau, (202) 418–0844.

SUPPLEMENTARY INFORMATION: On

December 24, 1996, the Commission

released the Accounting Safeguards

Order (FCC 96–490) establishing the

accounting safeguards necessary to

satisfy the requirements of sections 260

and 271 through 276 of the

Communications Act of 1934, as

amended by the Telecommunications

Act of 1996, 62 FR 2918, January 21,

1997. This Order prescribed the way

incumbent local exchange carriers,

including the Bell Operating Companies

(‘‘BOCs’’), must account for transactions

with affiliates involving, and allocate

costs incurred in the provision of, both

regulated telecommunications services

and nonregulated services, including

telemessaging, interLATA

telecommunications, information,

manufacturing, electronic publishing,

alarm monitoring and payphone

services, to ensure compliance with the

Act. The Accounting Safeguard Order

amended 47 CFR 32.27 and added

several provisions to part 53 of our

rules. Because they imposed new or

modified information collection

requirements, these particular rule

changes could not become effective

until approved by the Office of

Management and Budget (‘‘OMB’’)

pursuant to the Paperwork Reduction

Act of 1995, Public Law 104–13. In an

Errata released February 19, 1997 and

published in the Federal Register March

6, 1997, 62 FR 10220, we stated that the

requirements and regulations

established in the Accounting

Safeguards Order with regard to part 32

of our rules shall become effective upon

approval by OMB, but no sooner than

six months after publication in the

Federal Register. We also stated that the

remaining new and/or modified

information collections established in

this Order shall become effective upon

approval by OMB, but no sooner than

thirty days after publication in the

Federal Register. OMB approved these

rule changes on May 7, 1997.

In the Federal Register Summary of

the Errata, we stated that ‘‘[t]he

Commission will publish a document at

a later date establishing the effective

dates of these rules.’’ This statement

requires further action by the

Commission to establish the effective

date, notwithstanding the preceding

statement in the summary that the rule

changes imposing new or modified

information collection requirements

would become effective upon OMB

approval. In order to resolve this matter

in a manner that most appropriately

provides interested parties with proper

notice, the rule changes adopted in the

Accounting Safeguards Order shall

become effective August 12, 1997.

List of Subjects

47 CFR Part 32

Communications common carriers,

Reporting and recordkeeping

requirements, Telephone, Uniform

System of Accounts.

47 CFR Part 53

Accounting, Bell Operating

Companies, Communications common

carriers, Reporting and recordkeeping

requirements, Telephone.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–21187 Filed 8–11–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 96–77; RM–8780, RM–8918]

Radio Broadcasting Services; Hobbs,

Tatum and Jal, NM

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of MTD, Inc., allots Channel

296C to Tatum, NM, as the community’s

first local aural transmission service,

substitutes Channel 279C1 for Channel

296C1 at Jal, NM, and modifies Station

KXJW’s construction permit to specify

operation on the alternate Class C1

channel. See 61 FR 18541, April 26,

1996, 62 FR 18558, April 16, 1997. The

request of Great Plains Broadcasting Co.,

Inc., to allot Channel 279A to Hobbs,

NM, as the community’s fifth local FM

and seventh local aural service, is

denied. Channel 296C can be allotted to

Tatum in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 13.2 kilometers (8.2 miles)

west, at coordinates 33–15–27 NL; 103–

27–22 WL, to avoid a short-spacing to

Stations KPOS–FM, Channel 297C2,

Post, TX, and KSMX, Channel 298C1,

Clovis, NM. Channel 279C1 can be

allotted to Jal at coordinates 32–25–53

NL; 103–09–08 WL, which is the

transmitter site specified in Station

KXJW’s construction permit. Tatum and

Jal are both located within 320

kilometers (199 miles) of the U.S.-

Mexican border. Mexican concurrence

in these allotments has been requested

but not yet received. Therefore, in an

effort to introduce a new FM service to

Tatum, the allotment is subject to the

following condition: ‘‘Operation with

the facilities specified herein is subject

to modification, suspension, or

termination without right to a hearing,

if found by the Commission to be

necessary in order to conform to the

1992 USA-Mexico FM Broadcast

Agreement.’’ With this action, this

proceeding is terminated.

DATES: Effective September 15, 1997.

The window period for filing

applications for Channel 296C at Tatum,

NM, will open on September 15, 1997,

and close on October 16, 1997.

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. 96–77,

adopted July 23, 1997, and released

August 1, 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 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: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

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

Allotments under New Mexico, is

amended by removing Channel 296A