Federal Register / Vol. 62, No. 44 / Thursday, March 6, 1997 / Rules and Regulations 10221

EFFECTIVE DATE: The requirements and

regulations established in this Order

with regard to Part 32 of our Rules 47

CFR Part 32, shall become effective

upon approval by OMB of the new

information collection requirements

adopted herein, but no sooner than July

20, 1997 (six months after publication in

the Federal Register). We will allow

carriers to implement these rules at an

earlier date and encourage them to do

so. The remaining new and/or modified

information collections established in

this Order shall become effective upon

approval by OMB of the new

information collection requirements

adopted herein, but no sooner than

February 20,1 997. The Commission

will publish a document at a later date

establishing the effective dates of these

rules.

FOR FURTHER INFORMATION CONTACT:

Mark Ehrlich, Attorney/Advisor,

Accounting and Audits Division,

Common Carrier Bureau, (202) 418–

0385.

SUPPLEMENTARY INFORMATION:

Background

The Accounting Safeguards Under the

Telecommunications Act of 1996 Report

and Order established accounting

safeguards that are necessary to satisfy

the requirements of the 1996 Act,

including 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, inteLATA

telecommunications, information,

manufacturing, electronic publishing,

alarm monitoring and payphone

services.

Need for Correction

Under section 220(g) of the Act, the

Commission must allow six months

notice before alterations in the required

manner or form of keeping accounts are

to take effect.

Correction of Publication

Accordingly, the publication on

January 21, 1997 is corrected as follows:

1. The effective date paragraph on

page 2918, in the third column, should

read: The requirements and regulations

established in this Order with regard to

Part 32 of our Rules, 47 CFR Part 32,

shall become effective upon approval by

OMB of the new information collection

requirements adopted herein, but no

sooner than July 20, 1997 (six months

after publication in the Federal

Register). We will allow carriers to

implement these rules at an earlier date

and encourage them to do so. The

remaining new and/or modified

information collections established in

this Order shall become effective upon

approval by OMB of the new

information collection requirements

adopted herein, but no sooner than

February 20, 1997.

2. The second indented paragraph

2925, in the second column, should

read:

It is further ordered that, pursuant to

section 220(g) of the Communications

Act of 1934, as amended, 47 U.S.C.

§ 220(g) and section 1.427(c) of the

Commission’s Rules, 47 CFR § 1.427(c),

the requirements and regulations

established in this Order with regard to

Part 32 of the Commission’s Rules, 47

CFR Part 32, shall be effective six

months after publication in the Federal

Register. The remaining requirements

and regulations established in this

Order shall become effective upon

approval by OMB of the new

information collection requirements

adopted herein, but no sooner than

February 20, 1997.

Federal Communications Commission

William F. Caton,

Acting Secretary.

[FR Doc. 97–5496 Filed 3–5–97; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 53

[CC Docket No. 96–149; FCC 96–489]

Implementation of the Non-Accounting

Safeguards of Sections 271 and 272 of

the Communications Act of 1934, as

Amended; Final rule; Correction

AGENCY: Federal Communications

Commission.

ACTION: Final rule; Correction.

SUMMARY: This documents contains

corrections to the final regulations

which were published Tuesday, January

21, 1997 (62 FR 2927). The regulations

related to special provisions relating to

Bell Operating Companies.

EFFECTIVE DATE: March 6, 1997.

FOR FURTHER INFORMATION CONTACT: Joe

Di Scipio (202) 418–1580.

SUPPLEMENTARY INFORMATION:

Background

The final regulations that are the

subject of these corrections affect Bell

Operating Companies.

Need for correction

As published, the final regulations

contain errors which may prove to be

misleading and are in need of

clarification. Accordingly, the

publication on January 21, 1997 of the

final regulations (FCC 97–52) is

corrected as follows:

1. On page 2939, in the second

column, the first indented paragraph is

replaced by the following:

We note that, under Computer II and

Computer III, we have treated three

categories of protocol processing

services as basic services, rather than

enhanced services. These categories

include protocol processing: (1)

involving communications between an

end user and the network itself (e.g., for

initiation, routing, and termination of

calls) rather than between or among

users; (2) in connection with the

introduction of a new basic network

technology (which requires protocol

conversion to maintain compatibility

with existing CPE); and (3) involving

internetworking (conversions taking

place solely within the carrier’s network

to facilitate provision of a basic network

service, that result in no net conversion

to the end user). We agree with PacTel

that analogous treatment should be

extended to these categories of protocol

processing services under the statutory

regime. Because the listed protocol

processing services are information

service capabilities used ‘‘for the

management, control, or operation of a

telecommunications system or the

management of a telecommunications

service,’’ they are excepted from the

statutory definition of information

service. These excepted protocol

conversion services constitute

telecommunications services, rather

than information services, under the

1996 Act.

2. On page 2940, column 3, the first

indented paragraph is replaced by the

following:

Remote Databases/Network

Efficiency. BOCs may not provide

interLATA services in their own

regions, either over their own facilities

or through resale, before receiving

authorization from the Commission

under section 271(d). Therefore, we

conclude that BOCs may not provide

interLATA information services, except

for those designated as incidental

interLATA services under section

271(g), in any of their in-region states

prior to obtaining section 271

authorization. Section 271(g)(4)

designates as an incidental interLATA

service the interLATA provision by a

BOC or its affiliate of ‘‘a service that

permits a customer that is located in one
10222 Federal Register / Vol. 62, No. 44 / Thursday, March 6, 1997 / Rules and Regulations

LATA to retrieve stored information

from, or file information for storage in,

information storage facilities of such

company that are located in another

LATA.’’ Because BOCs were able to

provide incidental interLATA services

immediately upon enactment of the

1996 Act, they may provide interLATA

information services that fall within the

scope of section 271(g)(4) without

receiving section 271(d) authorization

from the Commission. Since section

271(g)(4) services are not among the

incidental interLATA services exempted

from section 272 separate affiliate

requirements, however, they must be

provided in compliance with those

requirements. To the extent that parties

have argued in the record that

centralized data storage and retrieval

services that fall within section

271(g)(4) either are not interLATA

information services, or are not subject

to the section 272 separate affiliate

requirements, we specifically reject

these arguments.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–5498 Filed 3–5–97; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 96–43; RM–8754, RM–8830]

Radio Broadcasting Services;

Frederiksted and Charlotte Amalie, VI

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Jose J. Arzuaga, allots

Channel 269B1 at Frederiksted, Virgin

Islands, as the community’s third local

FM transmission service (RM–8754).

See 61 FR 10978, March 18, 1996. We

also, at the request of Calypso

Communications, substitute Channel

297B1 for Channel 246B at Charlotte

Amalie, Virgin Islands, and modify

Station WVNX(FM)’s construction

permit accordingly (RM–8830). Channel

269B1 can be allotted at Frederiksted in

compliance with the Commission’s

minimum distance separation

requirements at city reference

coordinates. The coordinates for

Channel 269B1 at Frederiksted are

North Latitude 17–42–48 and West

Longitude 64–53–00. Additionally,

Channel 297B1 can be allotted at

Charlotte Amalie in compliance with

the Commission’s minimum distance

separation requirements with a site

restriction of 20.8 kilometers (12.9

miles) east at Station WVNX(FM)’s

presently authorized site. The

coordinates for Channel 297B1 at

Charlotte Amalie are North Latitude 18–

20–30 and West Longitude 64–43–59.

With this action, this proceeding is

terminated.

DATES: Effective April 14, 1997. The

window period for filing applications

for Channel 269B1 at Frederiksted,

Virgin Islands, will open on April 14,

1997, and close on May 15, 1997.

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 96–43,

adopted February 21, 1997, and released

February 28, 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

contractors, International Transcription

Service, Inc., (202) 857–3800, 2100 M

Street, NW., Suite 140, Washington, DC

20037.

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:

47 CFR PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Sections 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 Virgin Islands, is

amended by adding Channel 269B1 at

Frederiksted; and by removing Channel

246B and adding Channel 297B1 at

Charlotte Amalie.

Federal Communications Commission

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–5497 Filed 3–5–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961126334–7025–02; I.D.

022897E]

Fisheries of the Exclusive Economic

Zone Off Alaska, Pacific Cod in the

Western Regulatory Area of the Gulf of

Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing directed

fishing for Pacific cod by vessels

catching Pacific cod for processing by

the inshore component in the Western

Regulatory Area of the Gulf of Alaska

(GOA). This action is necessary to

prevent exceeding the allocation of

Pacific cod for processing by the inshore

component in the Western Regulatory

Area of the GOA.

EFFECTIVE DATES: 1200 hrs, Alaska local

time (A.l.t.), March 3, 1997, until 2400

hrs, A.l.t., December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Thomas Pearson, 907–486–6919.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the MagnusonStevens Fishery Conservation and

Management Act. Fishing by U.S.

vessels is governed by regulations

implementing the FMP at subpart H of

50 CFR part 600 and 50 CFR part 679.

The final specification of the

allocation of Pacific cod for processing

by the inshore component in the

Western Regulatory Area of the GOA

was established by the Final 1997

Harvest Specifications of Groundfish for

the GOA (62 FR 8179, February 24,

1997) as 17,442 metric tons (mt),

determined in accordance with

§ 679.20(a)(6)(iii).

In accordance with § 679.20(d)(1)(i),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the ITAC for Pacific cod

by vessels catching Pacific cod for

processing by the inshore component in

the Western Regulatory Area will soon

be reached. Therefore, the Regional

Administrator is establishing a directed

fishing allowance of 17,142 mt, and is

setting aside the remaining 300 mt as