Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations 66643

prior written approval of the

Corporation. Absent approval from the

Corporation, all unexpended funds

under such grants shall be returned to

the Corporation.

§ 1628.4 Procedures.

(a) Within 30 days of the submission

to LSC of its annual audited financial

statements, a recipient may request a

waiver of the 10% ceiling on LSC fund

balances. The request shall specify:

(1) The LSC fund balance as reported

in the recipient’s annual audited

financial statements;

(2) The reason(s) the excess fund

balance resulted;

(3) The recipient’s plan for

disposition of the excess fund balance

during the current fiscal year;

(4) The amount of fund balance

projected to be carried forward at the

close of the recipient’s current fiscal

year; and

(5) The special circumstances

justifying the retention of the excess

fund balance up to 25%, or the

extraordinary and compelling

circumstances set out in § 1628.3(c)

justifying a fund balance in excess of

25%.

(b) Within 45 days of receipt of the

recipient’s waiver request submitted

pursuant to paragraph (a) of this section,

the Corporation shall provide a written

response to the request and a written

notice to the recipient of any fund

balance due and payable to the

Corporation as well as the method for

repayment.

(c) In the event that repayment is

required, the Corporation shall give

written notice 30 days prior to the

effective date for repayment. Repayment

shall be in a lump sum or by pro rata

deductions from the recipient’s grant

checks for a specific number of months.

The Corporation shall determine which

of the specified methods of repayment

is reasonable and appropriate in each

case after consultation with the

recipient.

(d) The decision of the Corporation

regarding the granting of a waiver shall

be guided by the statutory mandate

requiring the recipient to provide high

quality legal services in an effective and

economical manner. In addition, the

Corporation shall consider the following

factors:

(1) Emergencies, unusual or

unexpected occurrences, or the

circumstances giving rise to the

existence of a fund balance in excess of

10% of LSC support set out in

§ 1628.3(b) or (c);

(2) the special needs of clients;

(3) The need to retain a cash reserve

for payments to private attorneys

participating in the recipient’s private

attorney involvement (PAI) program; for

acquisition of equipment or property; or

for other expenditures which are

reasonable and necessary for the

performance of the LSC grant; and

(4) The recipient’s financial

management record.

(e) The Corporation’s written approval

of a request for a waiver shall require

that the recipient use the funds it is

permitted to retain within the time

period set out in the approval and for

the purposes approved by the

Corporation.

(f) Excess fund balances approved by

the Corporation for expenditure by a

recipient shall be separately reported by

natural line item in the current fiscal

year’s audited financial statements. This

may be done by establishing a separate

fund or by providing a separate

supplemental schedule as part of the

audit report.

(g) The recipient shall promptly

inform and seek guidance from the

Corporation when it determines a need

for any changes to the conditions on

timing or purposes set out in the

Corporation’s written approval of a

recipient’s request for a waiver.

§ 1628.5 Fund balance deficits.

(a) Sound financial management

practices such as those set out in

Chapter 3 of the Corporation’s

Accounting Guide for LSC Recipients

should preclude deficit spending. Use of

current year LSC grant funds to

liquidate deficit balances in the LSC

fund from a preceding period requires

the prior written approval of the

Corporation.

(b) Within 30 days of the submission

of the recipient’s annual audit, the

recipient may apply to the Corporation

for approval of the expenses associated

with the liquidation of the deficit

balance in the LSC fund.

(c) In the absence of approval by the

Corporation, expenditures of current

year LSC grant funds to liquidate a

deficit from a prior year shall be

identified as questioned costs under 45

CFR part 1630.

(d) The recipient’s request must

specify the same information relative to

the deficit LSC fund balance as that set

forth in § 1628.4(a)(1) and (2).

Additionally, the recipient must

develop and submit a plan approved by

its governing body describing the

measures which will be implemented to

prevent a recurrence of a deficit balance

in the LSC fund. The Corporation

reserves the right to require changes in

the submitted plan.

(e) The decision of the Corporation

regarding acceptance of these deficitrelated costs shall be guided by the

statutory mandate requiring the

recipient to provide high quality legal

services performed in an effective and

economical manner. Special

consideration will be given for

emergencies, unusual occurrences, or

other special circumstances giving rise

to a deficit balance.

Dated: October 31, 2000.

Victor M. Fortuno,

Vice President for Legal Affairs.

[FR Doc. 00–28473 Filed 11–06–00; 8:45 am]

BILLING CODE 7050–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 73 and 76

[MM Docket No. 83–484; FCC 00–386]

Repeal or Modification of the Personal

Attack and Political Editorial Rules

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document concerns

repeal of the personal attack and

political editorial rules for broadcast

licensees and cable system operators.

This order repeals the broadcast and

cable personal attack and political

editorial rules. The order also vacates

the Commission’s earlier Order and

Request to Update Record which had

suspended for 60 days the personal

attack and political editorial rules. The

U.S. District Court of Appeals, D.C.

Circuit, by order of October 11, 2000

directed the Commission to repeal the

rules, noting that the Commission may

institute a new rulemaking proceeding

to determine whether, consistent with

constitutional constraints, the public

interest requires the personal attack and

political editorial rules.

DATES: This rule is effective October 26,

2000.

ADDRESSES: Federal Communications

Commission, 445 Twelfth Street, SW.,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Cyndi Thomas, Policy and Rules

Division, Mass Media Bureau, at (202)

418–2600.

SUPPLEMENTARY INFORMATION: This is a

summary of the Order in MM Docket

No. 83–484, FCC 00–386, adopted

October 26, 2000; released October 26,

2000. The full text of this decision is

available for inspection and copying

during regular business hours in the

FCC Reference Center, 445 Twelfth

Street, SW., Room CY–A257,

66644 Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations

Washington, DC, and also may be

purchased from the Commission’s copy

contractor, International Transcription

Service, (202) 857–3800, 445 Twelfth

Street, SW., Room CY–B402,

Washington, DC. The complete text is

also available under the file name

fcc00386.pdf on the Commission’s

Internet site at www.fcc.gov.

Synopsis of Order

1. Pursuant to the D.C. Circuit Court

of Appeals’ order in Radio-Television

News Directors Association v. FCC, No.

98–1305, slip op. (D.C. Cir. Oct. 11,

2000) (RTNDA), the Commission hereby

repeals §§ 73.1920 and 73.1930 of our

rules, 47 CFR 73.1920, 73.1930, the

broadcast personal attack and political

editorial rules. Further, in light of these

actions, the Commission vacates its

Order and Request to Update Record

released October 4, 2000 (FCC 00–360)

(65 FR 60387, October 11, 2000) and

terminate this proceeding.

2. The Commission also repeals the

personal attack and political editorial

rules that apply to cable television

operators. 47 CFR 76.209(b), (c), and (d).

Although these rules were not

specifically cited in the proceeding

before the Court of Appeals in RTNDA,

they are identical to those rules in all

material respects. The potential

elimination of these rules was raised in

a Notice of Proposed Rule Making in

MM Docket No. 83–331, 48 FR 26471

(June 8, 1983), and was specifically

addressed in a 1996 request for further

information in the instant docket, MM

Docket No. 83–484, 48 FR 28295 (June

21, 1983). Given the delay in concluding

these proceedings and the Court of

Appeals’ decision, the Commission also

vacates these identical cable television

rules placed at issue in MM Docket No.

83–331. The Commission does so on the

procedural grounds set forth in the

Court of Appeals’ decision in RTNDA,

without expressing any conclusion as to

the substantive issues underlying these

rules. As the Court of Appeals noted,

‘‘[o]f course, the Commission may

institute a new rule-making proceeding

to determine whether, consistent with

constitutional constraints, the public

interest requires the personal attack and

political editorial rules.’’ RTNDA, slip

op. at 4. With respect to the personal

attack and political editorial rules,

‘‘these are issues that the court has yet

to decide.’’ Id. 

Ordering Clauses

3. Sections 73.1920, 73.1930 and

76.209(b), (c), and (d) of the

Commission’s rules, 47 CFR 73.1920,

73.1930, 76.209(b), (c), (d) are repealed.

4. The Commission’s rules are

amended as set forth.

5. The Order and Request to Update

Record, FCC 00–360 (rel. Oct. 4, 2000)

is vacated.

6. This proceeding is terminated.

7. This action is taken pursuant to

sections 4(i), 4(j) and 303 of the

Communications Act of 1934, as

amended, 47 U.S.C. 154(i), 154(j), and

303.

List of Subjects

47 CFR Part 73

Radio, television broadcasting.

47 CFR Part 76

Cable television service.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

Parts 73 and 76 of Chapter 1 of Title

47 of the Code of Federal Regulations

are amended as follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.1920 [Removed]

2. Section 73.1920 is removed.

§ 73.1930 [Removed]

3. Section 73.1930 is removed.

PART 76—MULTICHANNEL VIDEO

AND CABLE TELEVISION SERVICE

4. The authority citation for part 76

continues to read as follows:

Authority: 47 U.S.C. 151, 152, 153, 154,

301, 302, 303, 303a, 307, 308, 309, 312, 317,

325, 503, 521, 522, 531, 532, 534, 535, 536,

537, 543, 544, 544a, 545, 548, 549, 552, 554,

556, 558, 560, 561, 571, 572, 573.

5. Sections 76.209 is revised to read

as follows:

§ 76.209 Fairness doctrine; personal

attacks; political editorials.

A cable television system operator

engaging in origination cablecasting

shall afford reasonable opportunity for

the discussion of conflicting views on

issues of public importance.

Note to § 76.209: See public notice,

‘‘Applicability of the Fairness Doctrine in the

Handling of Controversial Issues of Public

Importance,’’ 29 FR 10415.

[FR Doc. 00–28353 Filed 11–6–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 90

[WT Docket No. 96–86; FCC 00–348]

Development of Operational Technical

and Spectrum Requirements For

Meeting Federal, State and Local

Public Safety Agency Communication

Requirements through the Year 2010

and Establishment of Rules and

Requirements For Priority Access

Service.

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Federal Communications

Commission adopts a revised band plan

for the Public Safety 700 MHz band,

which is twenty-four megahertz of

spectrum allocated for public safety

services at 764–776 MHz and 794–806

MHz (‘‘the 700 MHz band’’). This new

plan represents an improved layout and

will promote better assignment and

operational possibilities for the public

safety community. The Commission also

adopts technical criteria to protect

certain global navigation satellite

systems (GNSS). The agency designates

channels for mutual aid purposes in the

public safety bands below 512 MHz to

improve interoperability capabilities for

public safety entities that operate in

these existing bands.

DATES: Effective December 7, 2000.

FOR FURTHER INFORMATION CONTACT:

Peter Daronco pdaronco@fcc.gov or

Karen Franklin kfrankli@fcc.gov, at

(202) 418–0680, Public Safety and

Private Wireless Division, Wireless

Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: This

document is a summary of the

Commission’s Third Memorandum

Opinion and Order (Third MO&O) and

Third Report and Order (Third R&O),

FCC 00–348 in WT Docket No. 96–86,

adopted on September 18, 2000, and

released on October 10, 2000. The full

text of this Third MO&O and Third R&O

is available for inspection and copying

during normal business hours in the

FCC Reference Information Center,

Room CY–A257, 445 Twelfth Street,

SW., Washington, DC. The complete

text may be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20037. The full text

may also be downloaded at

www.fcc.gov. Alternative formats are

available to persons with disabilities by

contacting Martha Contee at (202) 418–

0260 or TTY (202) 418–2555.