Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules 57799

1Petroleum Comms., Inc. v. FCC, 22 F.3d 1164

(D.C. Cir. 1994).

2See Implementation of Section 309(j) of the

Communications Act — Competitive Bidding, PP

Docket No. 93–253, Fifth Report and Order, 9 FCC

Rcd 5532, 5608, ¶ 175 (1994).

In FR Doc. 00–10221 published on

April 25, 2000 (65 FR 24168) add the

following information.

Regulatory Flexibility Act

As required by Section 603 of the

Regulatory Flexibility Act, the

Commission has prepared an Initial

Regulatory Flexibility Analysis

(‘‘IRFA’’) of the expected impact on

small entities of the policies and rules

proposed in this Second Further Notice

of Proposed Rule Making. 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

Second Further Notice of Proposed Rule

Making provided above in section V(D).

The Secretary shall send a copy of this

Notice, including the IRFA, to the Chief

Counsel for Advocacy of the Small

Business Administration in accordance

with paragraph 603(a) of the Regulatory

Flexibility Act.

Reason for Action: In order to

reexamine our cellular service rules as

they apply to the Gulf of Mexico Service

Area (‘‘GMSA’’) we initiated this

rulemaking proceeding. Since the

establishment of the GMSA, conflict has

arisen between the GMSA licensees, and

the land-based cellular service providers

in the Gulf of Mexico Region over the

provision of service to coastal areas.

Further, the United States Court of

Appeals for the District of Columbia

Circuit has instructed us to reexamine

certain of our cellular licensing policies

insofar as they apply to GMSA

licensees.1

Objectives: Our objectives in this

rulemaking proceeding are (1) to

establish comprehensive rules that will

reduce conflict between GMSA

licensees and land-based cellular

service providers, (2) provide regulatory

flexibility, to GMSA licensees, that

recognizes the inherent transitory nature

of water-based cellular cites, and (3)

award licenses so as to maximize the

use of spectrum in, and provide high

quality service to, highly traveled

coastal waters.

Legal Basis: The proposed action is

authorized under the Communications

Act, Sections 4(i), 7, 303(c), 303(f),

303(g), 303(r), and 332, 47 U.S.C.

§§ 154(i), 303(c), 303(f), 303(g), 303(r),

332, as amended.

Description of and, Number of, Small

Entities Affected by the Proposed Rule:

The rule changes proposed in this

proceeding will affect all small

businesses which provide cellular

service in the GMSA or coastal areas.

The Commission will be required, in its

Final Regulatory Flexibility Analysis, to

estimate the number of small entities to

which the rule will apply, provide a

description of such entities, and assess

the impact of the rule on such entities.

To assist in this analysis, commenters

are requested to provide information

regarding how many total entities,

existing and potential, will be affected

by the rules proposed in this Second

Further Notice of Proposed Rulemaking.

We particularly seek estimates of the

number of entities, existing and

potential, that will be considered small

businesses. The definition of ‘‘small

business’’ approved by the Small

Business Administration, and used in

the PCS C–Block auction, is a firm that

has had revenues of less than $40

million in each of the last three calendar

years.2 We seek comment as to whether

it would be appropriate to extend this

definition to this context. We further

request that each commenter identify

whether it is a small business under this

definition. If the commenter is a

subsidiary of another entity, this

information should be provided for both

subsidiary and the parent entity.

Reporting, Recordkeeping, and Other

Compliance Requirements: This

information is supplied in the Paper

Work reduction Act, infra.

Federal Rules Which Overlap,

Duplicate or Conflict With These Rules:

None.

Any Significant Alternatives

Minimizing the Impact on Small Entities

Consistent with the Stated Objectives:

The objective of the current rulemaking

proceeding is to improve the quality of

service provided in the Gulf region, and

to establish rules that accurately reflect

the realities of both water-based and

land-based service providers. To the

extent that this rulemaking modifies

existing regulations, it is our objective to

communicate a benefit to all service

providers in the Gulf region without

regard to the size of the entity. The

impact on small entities in the

proposals in the Second Further Notice

of Proposed Rulemaking is the

opportunity to provide service in

accordance with a regulatory framework

that accurately reflects the geographic

and demographic realities of the region.

Given the low burden of compliance,

reporting, and performance

requirements for the provision of

cellular service, no alternatives to these

requirements were deemed necessary

for small entities. This Second Further

Notice of Proposed Rulemaking solicits

comment on the variety of alternatives

discussed herein, any significant

alternatives submitted in the comments

will be considered.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–24643 Filed 9–25–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2111, MM Docket No. 99–284; RM–

9697)

Radio Broadcasting Services;

Galveston and Missouri City, TX

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

further comment on a proposal filed on

behalf of KQQK License, Inc., licensee

of Station KQQK–FM, Channel 293C,

Galveston, Texas, proposing the

reallotment of Channel 293C from

Galveston to Missouri City, Texas, and

the modification of the Station KQQK–

FM license to specify Missouri City as

the community of license. 64 FR 55223,

published October 12, 1999. The

original Notice of Proposed Rule Making

proposed the modification of the Station

KQQK–FM license as a first local

service for Missouri City. However, on

August 30, 2000, the Commission

adopted a Report and Order in MM

Docket No. 99–26, DA 00–2057, released

September 8, 2000, which substituted

Channel 287A for Channel 285A at

Galveston, Texas, reallotted Channel

287A to Missouri City, and modified the

license of Station KLTO to specify

operation on Channel 287A at Missouri

City. As a consequence, the proposal in

this proceeding will no longer be

providing a first local service to

Missouri City. For this reason, the

Commission is affording KQQK License

and other interested parties an

opportunity to comment on the proposal

in the context of a competitive service

for Missouri City and the removal of the

sole local FM service from Galveston.

DATES: Comments must be filed on or

before November 7, 2000, and reply

comments on or before November 22,

2000.

ADDRESSES: Secretary, Federal

Communications Commission,

Washington, DC, 20554. In addition to

filing comments with the FCC,

57800 Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules

interested parties should serve the

petitioner’s counsel, as follows:

Lawrence Roberts, Mary L. Plantamura,

c/o Davis Wright Tremaine, LLP, 1155

Connecticut Ave. NW Suite 700,

Washington, D.C. 20036.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau,

(202) 418–2177.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Further

Notice of Proposed Rule Making in MM

Docket No. 99–284, adopted September

13, 2000, and released September 15,

2000. The full text of this Commission

action is available for inspection and

copying during normal business hours

in the FCC Reference Information Center

at Portals II, CY–A257, 445 12th Street,

SW, Washington, D.C. The complete

text of this action may also be

purchased from the Commission’s copy

contractor, International Transcription

Service, Inc., (202) 857–3800, 1231 20th

Street, Washington, D.C. 20036.

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.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–24646 Filed 9–25–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2116; MM Docket No. 00–169; RM–

9953]

Radio Broadcasting Services; Oswego

and Granby, NY

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition for rule making

filed on behalf of Galaxy

Communications, L.P., licensee of

Station WTKV(FM), Channel 288A,

Oswego, New York, requesting the

reallotment of Channel 288A from

Oswego to Granby, New York, and

modification of its authorization

accordingly, pursuant to the provisions

of Section 1.420(i) of the Commission’s

Rules. Coordinates used for requested

Channel 288A at Granby, New York are

43–17–00 and 76–25–00. Canadian

concurrence in the allotment must be

obtained because Granby is located

within 320 kilometers (199 miles) of the

U.S.-Canadian border.

Petitioner’s reallotment proposal

complies with the provisions of Section

1.420(i) of the Commission’s Rules, and

therefore, the Commission will not

accept competing expressions of interest

in the use of Channel 288A at Granby,

New York, or require the petitioner to

demonstrate the availability of an

additional equivalent class channel.

DATES: Comments must be filed on or

before November 6, 2000, and reply

comments on or before November 21,

2000.

ADDRESSES: Secretary, Federal

Communications Commission, 445 12th

Street, S.W., Room TW–A325,

Washington, DC 20554. In addition to

filing comments with the FCC,

interested parties should serve the

petitioner’s counsel, as follows: Sally A.

Buckman, H. Anthony Lehv and Janet Y.

Shih; Leventhal, Senter & Lerman

P.L.L.C.; 2000 K Street, N.W., Suite 600;

Washington, D.C. 20006–1809.

FOR FURTHER INFORMATION CONTACT: R.

Barthen Gorman, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed rule Making, MM Docket No.

00–169 adopted September 6, 2000, and

released September 15, 2000. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC’s Reference Information Center at

Portals II, CY–A257, 445 12th Street,

SW, Washington, DC. The complete text

of this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Service, Inc., (202) 857–3800, located at

1231 20th Street, NW., Washington, DC

20036.

The 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.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–24648 Filed 9–25–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; 12-Month Finding for a

Petition To Revise Critical Habitat for

Alabama Beach Mouse, Perdido Key

Beach Mouse, and Choctawhatchee

Beach Mouse

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of 12-month petition

finding.

SUMMARY: We, the Fish and Wildlife

Service (Service), announce a 12-month

finding on a petition to revise critical

habitat for the Alabama beach mouse

(Peromyscus polionotus ammobates),

Perdido Key beach mouse (P. p.

trissyllepsis), and Choctawhatchee

beach mouse (P. p. allophrys), pursuant

to the Endangered Species Act of 1973,

as amended (Act). After review of all

available scientific and commercial

information, we find that revision of

critical habitat is warranted.

DATES: We made the finding announced

in this document on September 12,

2000.

ADDRESSES: You may submit data,

information, comments, or questions to

the Field Supervisor, U.S. Fish and

Wildlife Service, P.O. Box 1190,

Daphne, Alabama 36526. The petition

finding, supporting data, and comments

are available for public inspection, by

appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT: Mr.

Larry Goldman, Field Supervisor (see

ADDRESSES section), telephone 334/441–

4151, extension 30.

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(D)(ii) of the Act and

our listing regulations (50 CFR

424.14(c)(3)) require that within 12

months after receiving a petition that is

found to present substantial information