59162 Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Proposed Rules

interest can fairly be regarded as greater

in magnitude than that of the requester’s

commercial interest in disclosure. The

CSB will ordinarily presume that, where

a news media requester has satisfied the

public interest standard, the public

interest will be serviced primarily by

disclosure to that requester. Disclosure

to requesters who compile and market

Federal government information for

direct economic gain will not be

presumed to primarily serve the public

interest.

(3) Where only a portion of the

requested record satisfies the

requirements for a waiver or reduction

of fees under this paragraph, a waiver or

reduction shall be granted only as to

that portion.

(4) A request for a waiver or reduction

of fees must accompany the request for

disclosure of records and should

include:

(i) A clear statement of the requester’s

interest in the records;

(ii) The proposed use of the records

and whether the requester will derive

income or other benefit from such use;

(iii) A statement of how the public

will benefit from release of the

requested records; and

(iv) If specialized use of the

documents is contemplated, a statement

of the requester’s qualifications that are

relevant to the specialized use.

(5) A requester may appeal the denial

of a request for a waiver or reduction of

fees in accordance with the provisions

of § 1601.23.

§ 1601.33 Miscellaneous fee provisions.

(a) Notice of anticipated fees in excess

of $25. Where the CSB determines or

estimates that the fees chargeable will

amount to more than $25, the CSB shall

promptly notify the requester of the

actual or estimated amount of fees or

such portion thereof that can be readily

estimated, unless the requester has

indicated his or her willingness to pay

fees as high as those anticipated. Where

a requester has been notified that the

actual or estimated fees may exceed $25,

the request will be deemed not to have

been received until the requester has

agreed to pay the anticipated total fee.

A notice to the requester pursuant to

this paragraph will include the

opportunity to confer with CSB

personnel in order to reformulate the

request to meet the requester’s needs at

a lower cost.

(b) Aggregating requests. A requester

may not file multiple requests at the

same time, each seeking portions of a

record or records, solely in order to

avoid the payment of fees. When the

CSB reasonably believes that a

requester, or a group of requesters acting

in concert, is attempting to break a

request into a series of requests for the

purpose of evading the assessment of

fees, the CSB may aggregate such

requests and charge accordingly. One

element to be considered in determining

whether a belief would be reasonable is

the time period over which the requests

have occurred. The CSB will presume

that multiple requests of this type made

within a 30-day period have been made

in order to evade fees. Where requests

are separated by a longer period, the

CSB shall aggregate them only where

there exists a solid basis for determining

that such aggregation is warranted, e.g.,

where the requests involve clearly

related matters. Multiple requests

regarding unrelated matters will not be

aggregated.

(c) Advance payment of fees. (1) The

CSB does not require an advance

payment before work is commenced or

continued, unless:

(i) The CSB estimates or determines

that the fees are likely to exceed $250.

If it appears that the fees will exceed

$250, the CSB will notify the requester

of the likely cost and obtain satisfactory

assurance of full payment where the

requester has a history of prompt

payment of FOIA fees. In the case of

requesters with no history of payment,

the CSB may require an advance

payment of fees in an amount up to the

full estimated charge that will be

incurred; or

(ii) The requester has previously

failed to pay a fee in a timely fashion,

i.e., within 30 days of the date of a

billing. In such cases, the CSB may

require the requester to pay the full

amount owed plus any applicable

interest, as provided in paragraph (d) of

this section, or demonstrate that the fee

owed has been paid, prior to processing

any further record request. Under these

circumstances, the CSB may require the

requester to make an advance payment

of the full amount of the fees anticipated

before processing a new request or

finishing processing of a pending

request from that requester.

(2) A request for an advance deposit

shall ordinarily include an offer to the

requester to confer with identified CSB

personnel to attempt to reformulate the

request in a manner which will meet the

needs of the requester at a lower cost.

(3) When the CSB requests an advance

payment of fees, the administrative time

limits described in 5 U.S.C. 552(a)(6)

begin only after the CSB has received

the advance payment.

(d) Interest. The CSB may assess

interest charges on an unpaid bill

starting on the 31st day following the

day on which the bill was sent. Once a

fee payment has been received by the

CSB, even if not processed, the accrual

of interest shall be stayed. Interest

charges shall be assessed at the rate

prescribed in 31 U.S.C. 3717 and shall

accrue from the date of the billing.

(e) Whenever a total fee calculated

under paragraph (d) of this section is

$14.00 or less for any request, no fee

will be charged.

Dated: September 26, 2000.

Christopher W. Warner,

General Counsel

[FR Doc. 00–25300 Filed 10–3–00; 8:45 am]

BILLING CODE 6350–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2146, MM Docket No. 00–171, RM–

9926]

Radio Broadcasting Services;

Woodville and Wells, TX

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition filed by Radio

Woodville, Inc. requesting the

reallotment of Channel 234C2 from

Woodville, Texas, to Wells, Texas, and

modification of the license for Station

KVLL to specify Wells, Texas, as the

community of license. The coordinates

for Channel 234C2 at Wells are 31–12–

37 and 94–57–15. In accordance with

Section 1.420(i) of the Commission’s

Rules, we shall not accept competing

expressions of interest in the use of

Channel 234C2 at Wells.

DATES: Comments must be filed on or

before November 13, 2000, and reply

comments on or before November 28,

2000.

ADDRESSES: Federal Communications

Commission, Washington, DC. 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner’s counsel, as follows: Mark N.

Lipp, Scott C. Cinnamon, Shook, Hardy

& Bacon, 600 14th Street, NW, suite 800,

Washington, DC 20005.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

00–171, adopted September 13, 2000,

and released September 22, 2000. The

full text of this Commission decision is

available for inspection and copying

during normal business hours in the

Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Proposed Rules 59163

Commission’s Reference Center,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Services, Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800,

facsimile (202) 857–3805. Provisions of

the Regulatory Flexibility Act of l980 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

contact.

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. 00–25390 Filed 10–3–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2161; MM Docket No. 00–174, RM–

9965]

Radio Broadcasting Services; KailuaKona, HI

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Nick

Koster proposing the allotment of

Channel 244A at Kailua-Kona, Hawaii,

as the community’s second local aural

transmission service. Channel 244A can

be allotted to Kailua-Kona in

compliance with the Commission’s

minimum distance separation

requirements with no site restriction.

The coordinates for Channel 244A at

Kailua-Kona are 19–38–26 North

Latitude and 155–59–44 West

Longitude.

DATES: Comments must be filed on or

before November 13, 2000, and reply

comments on or before November 28,

2000.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, his counsel, or consultant, as

follows: Nick Koster, P.O. Box 340091,

Austin, TX 78734.

FOR FURTHER INFORMATION CONTACT:

Arthur D. Scrutchins, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

00–174; adopted September 13, 2000

and released September 22, 2000. The

full text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Information Center

(Room CY-A257), 445 12th Street, SW,

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, 1231 20th Street,

NW., Washington, DC 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. 00–25393 Filed 10–3–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2161; MM Docket No. 00–173, RM–

9964]

Radio Broadcasting Services; Burgin,

KY

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Vernon

R. Baldwin proposing the allotment of

Channel 290A at Burgin, Kentucky, as

the community’s first local aural

transmission service. Channel 290A can

be allotted to Burgin in compliance with

the Commission’s minimum distance

separation requirements with a site

restriction of 5.01 kilometers (3.11

miles) southeast of city reference

coordinates. The coordinates for

Channel 290A at Burgin are 37–42–56

North Latitude and 84–44–08 West

Longitude.

DATES: Comments must be filed on or

before November 13, 2000, and reply

comments on or before November 28,

2000.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, his counsel, or consultant, as

follows, Dennis F. Begley, Esq., Reddy,

Begley & McCormick, 2175 K Street,

NW., Suite 350, Washington, DC 20037

(Counsel for Vernon R. Baldwin)

FOR FURTHER INFORMATION CONTACT:

Arthur D. Scrutchins, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

00–173; adopted September 13, 2000,

and released September 22, 2000. The

full text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Information Center

(Room CY–A257), 445 12th Street, SW,

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, 1231 20th Street,

NW., Washington, DC 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. 00–25394 Filed 10–3–00; 8:45 am]

BILLING CODE 6712–01–P