49686 Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Notices

the quality, utility, and clarity of the

information collected; and (d) ways to

minimize the burden of the collection of

information on the respondents,

including the use of automated

collection techniques or other forms of

information technology.

DATES: Persons wishing to comment on

this information collection should

submit comments November 24, 1997.

ADDRESSES: Direct all comments to Judy

Boley, Federal Communications

Commissions, Room 234, 1919 M St.,

NW., Washington, DC 20554 or via

internet to jboley@fcc.gov.

FOR FURTHER INFORMATION CONTACT: Judy

Boley at 202–418–0214 or via internet at

jboley@fcc.gov.

OMB Approval Number: 3060–0202.

Title: Section 87.37 Developmental

license.

Form No.: N/A.

Type of Review: Extension of existing

collection.

Respondents: Businesses or other forprofit, individuals or households, state,

local or tribal government, not-for-profit

institutions.

Number of Respondents: 12.

Estimated Time Per Response: 8 hour

per response.

Total Annual Burden: 96 hours.

Frequency of Response: On occasion.

Needs and Uses: The information

collection requirement contained in

Section 87.37 is needed to gather data

on developmental programs for which a

developmental authorization was

granted to determine whether the

developmental authorization should be

renewed or whether to initiate

proceedings to include such operations

with in the normal scope of the Aviation

Services. If the information was not

collected the value of developmental

programs in the Aviation Service would

be severely limited.

OMB Approval Number: 3060–0222.

Title: Section 97.213 Remote control

of a station.

Form No.: N/A.

Type of Review: Extension of existing

collection.

Respondents: Individuals or

households.

Number of Respondents: 500.

Estimated Time Per Response: .2 hour

per response

Total Annual Burden: 100 hours.

Frequency of Response:

Recordkeeping requirement.

Needs and Uses: The recordkeeping

requirement in Section 97.213 consist of

posting a photocopy of the station

license, a label with the name, address

and telephone number of the station

licensee, and the name of at least one

authorized control operator. The

requirement is necessary so that quick

resolution of any harmful interference

problems can be achieved and to ensure

that the station is operating in

accordance with the Communications

Act of 1934, as amended.

OMB Approval Number: 3060–0259.

Title: Section 90.263 Substitution of

frequencies below 25 MHz. Form No.: N/A.

Type of Review: Extension of existing

collection.

Respondents: Businesses or other forprofit, state, local or tribal government. Number of Respondents: 60.

Estimated Time Per Response: .5 hour

per response. Total Annual Burden: 30 hours.

Frequency of Response: On occasion.

Needs and Uses: The information

collection requirement contained in

Section 90.263 is needed to require

applicants to provide a supplemental

information showing that the proposed

use of frequencies below 25 MHz are

needed from a safety standpoint and

that frequencies above 25 MHz will not

meet the operational needs of the

applicant. The information is used to

evaluate the applicant’s need for such

frequencies and the interference

potential to other stations operating on

the proposed frequencies.

OMB Approval Number: 3060–0264.

Title: Section 80.413 On-board station

equipment records. Form No.: N/A.

Type of Review: Extension of existing

collection.

Respondents: Businesses or other forprofit, individuals or households, state,

local or tribal government, not-for-profit

institutions.

Number of Respondents: 1,000.

Estimated Time Per Response: 2 hour

per response. Total Annual Burden: 2,000 hours.

Frequency of Response:

Recordkeeping requirement. Needs and Uses: The recordkeeping

requirement contained in Section

80.413 is needed to demonstrate that all

on-board repeaters and transmitters are

properly operating pursuant to a station

authorization issued by the FCC. The

information is used by FCC Compliance

and Information Bureau personnel

during inspections and investigations to

determine what mobile units and

repeaters are associated with on-board

stations aboard a particular vessel.

OMB Approval Number: 3060–0297.

Title: Section 80.503 Cooperative use

of facilities.

Form No.: N/A.

Type of Review: Extension of existing

collection.

Respondents: Businesses or other forprofit, individuals or households, state,

local or tribal government, not-for-profit

institutions.

Number of Respondents: 100.

Estimated Time Per Response: 16

hour per response.

Total Annual Burden: 1,600 hours.

Frequency of Response:

Recordkeeping requirement.

Needs and Uses: The recordkeeping

requirements contained in Section

80.503 are needed to ensure licensees

which share private facilities operate

within the specified scope of service, on

a non-profit basis, and do not function

as communications common carriers

providing ship-shore public

correspondence services. The

information is used by FCC Compliance

and Information Bureau personnel

during inspection and investigations to

insure compliance with applicable

rules.

Federal Communications Commission.

Shirley Suggs,

Chief, Publications Branch.

[FR Doc. 97–25202 Filed 9–22–97; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

Sunshine Act Meeting; FCC To Hold

Open Commission Meeting Thursday,

September 25, 1997

The Federal Communications

Commission will hold an Open Meeting

on the subject listed below on Thursday,

September 25, 1997, which is scheduled

to commence at 9:30 a.m. in Room 856,

at 1919 M Street, NW., Washington, DC.

Item No., Bureau, Subject

1—Office of Engineering and

Technology—Title: Technical

Requirements to Enable Blocking of

Video Programming Based on

Program Ratings -- Implementation of

Sections 551(c), (d) and (e) of the

Telecommunications Act of 1996.

Summary: The Commission will

consider addressing technical

requirements for the implementation

of ‘‘V-Chip’’ program blocking

technology.

2—Wireless Telecommunications—

Title: Calling Party Pays Service

Option in the Commercial Mobile

Radio Services. Summary: The

Commission will consider action on

calling party pays service options for

CMRS subscribers.

Additional information concerning

this meeting may be obtained from

Maureen Peratino or David Fiske, Office

of Public Affairs, telephone number

(202) 418–0500.

Copies of materials adopted at this

meeting can be purchased from the
Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Notices 49687

FCC’s duplicating contractor,

International Transcription Services,

Inc. (ITS, Inc.) at (202) 857–3800 or fax

(202) 857–3805 and 857–3184. These

copies are available in paper format and

alternative media which includes, large

print/type; digital disk; and audio tape.

ITS may be reached by e-mail:

its_inc@ix.netcom.com. Their Internet

address is http://www.itsi.com.

This meeting can be viewed over

George Mason University’s Capitol

Connection. For information on this

service call (703) 993–3100. The audio

portion of the meeting will be broadcast

live on the Internet via the FCC’s

Internet audio broadcast page at <http:/

/www.fcc.gov/realaudio/>. The meeting

can also be heard via telephone, for a

fee, from National Narrowcast Network,

telephone (202) 966–2211 or fax (202)

966–1770; and from Conference Call

USA (available only outside the

Washington, DC metropolitan area),

telephone 1–800–962–0044. Audio and

video tapes of this meeting can be

obtained from the Office of Public

Affairs, Television Staff, telephone (202)

418–0460, or TTY (202) 418–1398; fax

numbers (202) 418–2809 or (202) 418–

7286.

Dated September 18, 1997.

Federal Communications Commission.

Shirley Suggs,

Chief, Publications Branch.

[FR Doc. 97–25325 Filed 9-19-97; 2:54 pm]

BILLING CODE 6712–01–F

FEDERAL TRADE COMMISSION

[File No. 971–0093]

Jitney-Jungle Stores of America, Inc.;

Bruckmann, Rosser, Sherrill & Co.,

L.P.; Delta Acquisition Corp.;

Delchamps, Inc.; Analysis To Aid

Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

SUMMARY: The consent agreement in this

matter settles alleged violations of

federal law prohibiting unfair or

deceptive acts or practices or unfair

methods of competition. The attached

Analysis to Aid Public Comment

describes both the allegations in the

draft complaint that accompanies the

consent agreement and the terms of the

consent order—embodied in the consent

agreement—that would settle these

allegations.

DATES: Comments must be received on

or before November 24, 1997.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 6th St. and Pa. Ave. NW,

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

George S. Cary, Federal Trade

Commission, H–374, 6th St. and

Pennsylvania Ave. NW, Washington, DC

20580, (202) 326–3741. Phillip L.

Broyles, Federal Trade Commission, S–

2105, 6th St. and Pennsylvania Ave.

NW, Washington, DC 20580. (202) 326–

2805.

SUPPLEMENTARY INFORMATION: Pursuant

to section 6(f) of the Federal Trade

Commission Act, 38 Stat. 721, 15 U.S.C.

46, and § 2.34 of the Commission’s rules

of practice (16 CFR 2.34), notice is

hereby given that the above-captioned

consent agreement containing a consent

order to cease and desist, having been

filed with and accepted, subject to final

approval, by the Commission, has been

placed on the public record for a period

of sixty (60) days. The following

Analysis to Aid Public Comment

describes the terms of the consent

agreement, and the allegations in the

accompanying complaint. An electronic

copy of the full text of the consent

agreement package can be obtained from

the Commission Actions section of the

FTC Home Page (for September 12,

1997), on the World Wide Web, at

‘‘http://www.ftc.gov/os/actions97.htm.’’

A paper copy can be obtained from the

FTC Public Reference Room, Room H–

130, Sixth Street and Pennsylvania

Avenue, NW, Washington, DC 20580,

either in person or by calling (202) 326–

3627. Public comment is invited. Such

comments or views will be considered

by the Commission and will be available

for inspection and copying at its

principal office in accordance with

§ 4.9(b)(6)(ii) of the Commission’s rules

of practice (16 CFR 4.9(b)(6)(ii)).

Analysis of Proposed Consent Order To

Aid Public Comment

I. Introduction

The Federal Trade Commission

(‘‘Commission’’) has accepted for public

comment from Jitney-Jungle Stores of

America, Inc. (‘‘Jitney-Jungle’’),

Bruckmann, Rosser, Sherrill & Co., L.P.

(‘‘Bruckmann’’), Delta Acquisition

Corporation (‘‘Delta’’), and Delchamps,

Inc. (‘‘Delchamps’’) (collectively ‘‘the

proposed Respondents’’) an Agreement

Containing Consent Order (‘‘the

proposed consent order’’). Bruckmann

owns a majority of the voting securities

of Jitney-Jungle, and Delta is whollyowned subsidiary of Jitney-Jungle. The

proposed consent order is designed to

remedy likely anticompetitive effects

arising from Jitney-Jungle and Delta’s

proposed acquisition of the outstanding

shares of Delchamps.

II. Description of the Parties and the

Acquisition

Jitney-Jungle, which is headquartered

in Jackson, Mississippi, is one of the

leading supermarket chains in the

Southeast. Jitney-Jungle operates 105

supermarkets in the states of Alabama,

Arkansas, Louisiana, Mississippi,

Florida, and Tennessee. The company is

the largest supermarket operator in

Mississippi with 72 stores. The

company operates under three formats:

(1) 78 conventional supermarkets under

the ‘‘Jitney-Jungle’’ trade name; (2) 23

discount supermarkets under the ‘‘Sack

and Save,’’ ‘‘Mega Market,’’ and ‘‘Mega

Pantry’’ trade names; and (3) four

premium supermarkets under the

‘‘Jitney Premier’’ trade name. JitneyJungle has sales of approximately $1.13

billion at its supermarkets, and total

sales of $1.28 billion, in its 1997 fiscal

year. The ultimate parent entity of

Jitney-Jungle is Bruckmann, which

owns a majority of the voting securities

of Jitney-Jungle.

Delchamps, which is headquartered

in Mobile, Alabama, is another leading

supermarket chain in the Southeast.

Delchamps operates a total of 118

conventional supermarkets under the

‘‘Delchamps’’ trade name. Delchamps’

supermarkets are located in Alabama,

Florida, Louisiana, and Mississippi. In

addition, the company operates ten

liquor stores in the state of Florida.

Louisiana, and Mississippi. In addition,

the company operates ten liquor stores

in the state of Florida. Delchamps had

sales of approximately $1.08 billion at

its supermarkets, and total sales of $1.1

billion, in its 1997 fiscal year.

On or about July 8, 1997, Jitney-Jungle

and Delta, a wholly-owned subsidiary of

Jitney-Jungle, entered into a cash tender

offer agreement with Delchamps to

acquire all of the outstanding common

stock of Delchamps for $30 per share.

The total value of the proposed

acquisition is approximately $228

million.

III. The Complaint

The draft complaint accompanying

the proposed consent order alleges that

the acquisition, as well as the agreement

to enter into the acquisition, would

substantially lessen competition in

violation of section 7 of the Clayton Act,

as amended, 15 U.S.C. 18, and section

5 of the FTC Act, as amended, 15 U.S.C.

45.

According to the draft complaint, the

relevant line of commerce (i.e., the

product market) is the retail sale of food

and grocery items in supermarkets, and

Jitney-Jungle and Delchamps are direct

competitors. Stores other than