13544 Federal Register / Vol. 62, No. 55 / Friday, March 21, 1997 / Rules and Regulations

any other supporting documents on a

3.5 inch diskette in separate ASCII text

(.TXT) file formats. An applicant that

fails to submit the required long-form

application under this paragraph and

fails to establish good cause for any latefiled submission, shall be deemed to

have defaulted and will be subject to the

payments set forth in § 1.2104.

* * * * *

6. Section 1.2109 is amended by

revising paragraphs (a) and (b) to read

as follows:

§ 1.2109 License grant, denial, default, and

disqualification.

(a) Unless otherwise specified in these

rules, auction winners are required to

pay the balance of their winning bids in

a lump sum within ten (10) business

days following award of the license.

Grant of the license will be conditioned

on full and timely payment of the

winning bid.

(b) If a winning bidder withdraws its

bid after the Commission has declared

competitive bidding closed or fails to

remit the required down payment

within ten (10) business days after the

Commission has declared competitive

bidding closed, the bidder will be

deemed to have defaulted, its

application will be dismissed, and it

will be liable for the default payment

specified in § 1.2104(g)(2). In such

event, the Commission may either reauction the license to existing or new

applicants or offer it to the other highest

bidders (in descending order) at their

final bids. The down payment

obligations set forth in § 1.2107(b) will

apply.

* * * * *

7. Section 1.2110 is amended by

revising paragraphs (b)(2), (e)(1), (e)(2),

and the introductory text of (e)(3) to

read as follows:

§ 1.2110 Designated entities.

* * * * *

(b) * * *

(2) Businesses owned by members of

minority groups and/or women. Unless

otherwise provided in rules governing

specific services, a business owned by

members of minority groups and/or

women is one in which minorities and/

or women who are U.S. citizens control

the applicant, have at least 50.1 percent

equity ownership and, in the case of a

corporate applicant, a 50.1 percent

voting interest. For applicants that are

partnerships, every general partner

either must be a minority and/or woman

(or minorities and/or women) who are

U.S. citizens and who individually or

together own at least 50.1 percent of the

partnership equity, or an entity that is

100 percent owned and controlled by

minorities and/or women who are U.S.

citizens. The interests of minorities and

women are to be calculated on a fullydiluted basis; agreements such as stock

options and convertible debentures

shall be considered to have a present

effect on the power to control an entity

and shall be treated as if the rights

thereunder already have been fully

exercised. However, upon a

demonstration that options or

conversion rights held by noncontrolling principals will not deprive

the minority and female principals of a

substantial financial stake in the venture

or impair their rights to control the

designated entity, a designated entity

may seek a waiver of the requirement

that the equity of the minority and

female principals must be calculated on

a fully-diluted basis. Members of

minority groups include Blacks,

Hispanics, American Indians, Alaskan

Natives, Asians, and Pacific Islanders.

* * * * *

(e) * * *

(1) Unless otherwise specified, each

eligible applicant paying for its

license(s) on an installment basis must

deposit by wire transfer in the manner

specified in § 1.2107(b) sufficient

additional funds as are necessary to

bring its total deposits to ten (10)

percent of its winning bid(s) within ten

(10) business days after the Commission

has declared it the winning bidder and

closed the bidding. Failure to remit the

required payment will make the bidder

liable to pay penalties pursuant to

§ 1.2104(g)(2).

(2) Within ten (10) business days of

the grant of the license application of a

winning bidder eligible for installment

payments, the licensee shall pay another

ten (10) percent of the high bid, thereby

commencing the eligible licensee’s

installment payment plan. Failure to

remit the required payment will make

the bidder liable to pay default

payments pursuant to § 1.2104(g)(2).

(3) Upon grant of the license, the

Commission will notify each eligible

licensee of the terms of its installment

payment plan and that it must execute

a promissory note and security

agreement as a condition of the

installment payment plan. Unless other

terms are specified in the rules of

particular services, such plans will:

* * * * *

[FR Doc. 97–7232 Filed 3–20–97; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 92–291, RM–8133]

Radio Broadcasting Services;

Cambridge and St. Michaels, MD

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document grants an

Application for Review filed by CWA

Broadcasting, Inc. directed to a staff

action denying its proposal to reallot

Channel 232A from Cambridge to St.

Michaels, Maryland, and modify its

Station WFBR construction permit to

specify St. Michaels as the community

of license. See 60 FR 38738, July 28,

1995. As a result, Channel 232A is now

allotted to St. Michaels, Maryland, and

the Station WFBR construction permit

now specifies St. Michaels as the

community of license. The reference

coordinates for the Channel 232A

allotment at St. Michaels, Maryland, are

38–49–17 and 76–17–27. With this

action, the proceeding is terminated.

EFFECTIVE DATE: May 2, 1997.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau,

(202) 418–2177.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order

adopted March 6, 1997, and released

March 17, 1997. The full text of this

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 contractor,

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:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 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 Maryland, is amended

by removing Channel 232A at

Cambridge, and adding St. Michaels,

Channel 232A.
Federal Register / Vol. 62, No. 55 / Friday, March 21, 1997 / Rules and Regulations 13545

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–7177 Filed 3–20–97; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 96–125; RM–8807, RM–

8861]

Radio Broadcasting Services; Albion

and Hilton, NY

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Hilton Broadcasting,

dismisses the request to allot Channel

238A to Hilton, NY, as the community’s

first local aural transmission service.

See 61 FR 31084, June 19, 1996. At the

request of Albion Broadcasting

Associates, the Commission allots

Channel 238A to Albion, NY, as the

community’s first local aural

transmission service. Channel 238A can

be allotted to Albion with a site

restriction of 0.7 kilometers (0.4 miles)

northeast, at coordinates 43–15–00

North Latitude and 78–11–12 West

Longitude, to avoid a short-spacing to

Station WJYE, Channel 241B, Buffalo,

New York. This allotment has been

concurred in by the Canadian

Government as a specially negotiated

short-spaced allotment since Albion is

located within 320 kilometers (200

miles) of the U.S.-Canadian border. The

Albion allotment is short-spaced to

Stations CKDS-FM, Channel 237C1,

Hamilton, Ontario, and CJBC1F and

proposed CJBC–1, Channel 238C1,

Belleville, Ontario, Canada. With this

action, this proceeding is terminated.

DATES: Effective April 28, 1997. The

window period for filing applications

for Channel 238A at Albion, NY, will

open on April 28, 1997, and close on

May 29, 1997.

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 96–125,

adopted March 5, 1997, and released

March 14, 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 contractor,

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:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 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 New York, is

amended by adding Albion, Channel

238A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–7257 Filed 3–20–97; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 95–120; RM–8650]

Radio Broadcasting Services;

Premont, TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Paulino Bernal, substitutes

Channel 264C3 for Channel 285A at

Premont and modifies Station

KMFM(FM)’s license to specify

operation on the higher powered

channel. See 60 FR 39141, August 1,

1995. Channel 264C3 can be allotted to

Premont in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 7.7 kilometers (4.8 miles)

east in order to avoid a short-spacing

conflict with the licensed site of Station

KBDR(FM), Channel 263C2, Mirando

City, Texas. The coordinates for

Channel 264C3 at Premont are 27–21–35

NL and 98–02–45 WL. Mexican

concurrence has been obtained for this

allotment.

With this action, this proceeding is

terminated.

EFFECTIVE DATE: April 28, 1997.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 95–120,

adopted March 5, 1997, and released

March 14, 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 contractor,

ITS, 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:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 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 Texas, is amended by

removing Channel 285A and adding

Channel 264C3 at Premont.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–7258 Filed 3–20–97; 8:45 am]

BILLING CODE 6712–01–F