Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Proposed Rules 14091

agency and the source or informant

consent;

(4) Reveal records or information

compiled for law enforcement purposes

which would interfere with enforcement

proceedings or disclose investigative

techniques and procedures the

effectiveness of which would be

impaired;

(5) Reveal trade secrets or commercial

or financial information which is

privileged or confidential without prior

consultation with the person from

whom it was obtained; or

(6) Be contrary to a recognized

privilege.

(g) The Appropriate Authority’s

determination, including any reasons

for denial or limitations on disclosure or

production, shall be made as

expeditiously as possible and shall be

communicated in writing to the issuer

of the demand and appropriate current

or former GSA employee(s). In

proceedings in which GSA, its current

or former employees, or the United

States are represented by DOJ the

determination shall be coordinated with

DOJ which may respond to the issuer of

the subpoenas or demand in lieu of the

Appropriate Authority.

§ 105–60.606 Procedure where response

to demand is required prior to receiving

instructions.

(a) If a response to a demand is

required before the Appropriate

Authority’s decision is issued, a GSA

attorney designated by the Appropriate

Authority for the purpose shall appear

with the employee or former employee

upon whom the demand has been made,

and shall furnish the judicial or other

authority with a copy of the instructions

contained in this Subpart. The attorney

shall inform the court or other authority

that the demand has been or is being

referred for the prompt consideration by

the Appropriate Authority. The attorney

shall respectfully request the judicial or

administrative authority to stay the

demand pending receipt of the

requested instructions.

(b) The designated GSA attorney shall

coordinate GSA’s response with DOJ’s

Civil Division or the relevant Office of

the United States Attorney and may

request that a DOJ or Assistant United

States Attorney appear with the

employee in addition to or in lieu of a

designated GSA attorney.

(c) If an immediate demand for

production or disclosure is made in

circumstances which preclude the

appearance of a GSA or DOJ attorney on

the behalf of the employee or the former

employee, the employee or former

employee shall respectfully make a

request to the demanding authority for

sufficient time to obtain advice of

counsel.

§ 105–60.607 Procedure in the event of an

adverse ruling.

If the court or other authority declines

to stay the effect of the demand in

response to a request made in

accordance with 105–60.606 pending

receipt of instructions, or if the court or

other authority rules that the demand

must be complied with irrespective of

instructions by the Appropriate

Authority not to produce the material or

disclose the information sought, the

employee or former employee upon

whom the demand has been made shall

respectfully decline to comply, citing

these instructions and the decision of

the United States Supreme Court in

United States ex rel. Touhy v. Ragen,

340 U.S. 462 (1951).

§ 105–60.608 Fees, expenses, and costs.

(a) In consultation with the

Appropriate Authority, a current

employee who appears as a witness

pursuant to a demand shall ensure that

he or she receives all fees and expenses,

including travel expenses, to which

witnesses are entitled pursuant to rules

applicable to the judicial or

administrative proceedings out of which

the demand arose.

(b) Witness fees and reimbursement

for expenses received by a GSA

employee shall be disposed of in

accordance with rules applicable to

Federal employees in effect at the time.

(c) Reimbursement to the GSA for

costs associated with producing

material pursuant to a demand shall be

determined in accordance with rules

applicable to the proceedings out of

which the demand arose.

Dated: March 17, 1997.

Martha N. Johnson,

Associate Administrator for Management

Services and Human Resources.

[FR Doc. 97–7076 Filed 3–24–97; 8:45 am]

BILLING CODE 6820–34–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–39; RM–8905]

Radio Broadcasting Services; Driggs,

ID

AGENCY: Federal Communications

Commission.

ACTION: Correction to proposed rule.

SUMMARY: This document contains a

correction to the proposed rule (MM

Docket No. 97–39; RM–8905) which was

published in the Federal Register on

Friday, February 7, 1997 [62 FR 5789].

The proposed rule relates to a rule

making proposal to allot FM Channel

271A to Driggs, Idaho.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION:

Background

The synopsis of the Notice of

Proposed Rule Making, MM Docket No.

97–39, adopted January 24, 1997, and

released January 31, 1997, that is the

subject of this correction is under 47

CFR Part 73, Radio Broadcasting.

Need for Correction

As published, the synopsis of the

Notice of Proposed Rule Making

contains an error which may prove to be

misleading and is in need of

clarification.

Correction of Publication

Accordingly, the publication on

February 7, 1997 of the proposed rule

(MM Docket No. 97–39; RM–8905),

which is the subject of FR Doc. 97–3120,

is corrected as follows:

On page 5789, in the second column

under ADDRESSES the second sentence

beginning on line 3 should read as

follows:

‘‘In addition to filing comments with

the FCC, interested parties should serve

the petitioner, as follows: Vixon Valley

Broadcasting, Attn: Victor A. Michael,

Jr., President, c/o Magic City Media,

1912 Capitol Avenue, Suite 300,

Cheyenne, WY 82001.’’

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–7259 Filed 3–24–97; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 97–91, RM–8854]

Radio Broadcasting Services;

Lewisville, Gainesville, Robinson,

Corsicana, Jacksboro and Mineral

Wells, TX

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition by Heftel

Broadcasting Corporation, permittee of

Station KECS(FM), Channel 300C2,

Gainesville, Texas, and licensee of

Station KICI(FM), Channel 300C1,
14092 Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Proposed Rules

Corsicana, Texas, requesting the

substitution of Channel 300C1 for

Channel 300C2 at Gainesville; the

reallotment of Channel 300C1 from

Gainesville to Lewisville; the

substitution of Channel 300A for

Channel 300C1 at Corsicana and the

reallotment of Channel 300A from

Corsicana to Robinson, Texas, and the

modification of KECS(FM) and

KICI(FM)’s authorizations accordingly.

To accommodate the above noted

allotments, Heftel also requests the

substitution of Channel 237A for

Channel 299A at Jacksboro, Texas; the

substitution of Channel 240C3 for

Channel 240C1 at Mineral Wells, Texas,

and the modification of Station

KJKB(FM) and KYXS(FM)’s

authorizations to specify the change in

channels at Jacksboro and Mineral

Wells, respectively. See Supplementary

Information, infra.

DATES: Comments must be filed on or

before May 5, 1997, and reply comments

on or before May 20, 1997.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Lee W. Shubert, Richard M.

Riehl, Haley, Bader & Potts, 4350 North

Fairfax Drive, Suite 900, Arlington,

Virginia 22203–1633 (Counsel for

petitioner).

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

97–91, 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’s

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.

All channels can be allotted to the

noted communities in compliance with

the Commission’s minimum distance

separation requirements. Channel 300C1

at Lewisville will require a site

restriction of 34.9 kilometers (21.7

miles) northeast. Channel 300A can be

allotted to Robinson with a site

restriction of 2.3 kilometers (1.4 miles)

south. Channel 237A can be allotted to

Jacksboro at city reference coordinates.

Channel 240C3 can be allotted to

Mineral Wells at the site specified in

Station KYXS(FM)’s present site. The

coordinates for Channel 300C1 at

Lewisville are 33–17–33 and 97–13–46.

The coordinates for Channel 300A at

Robinson are 31–26–58 and 97–07–27.

The coordinates for Channel 237A at

Jacksboro are 33–13–06 and 98–09–48.

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.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–7256 Filed 3–24–97; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 95–83; RM–8634]

Radio Broadcasting Services;

Littlefield, Wolfforth and Tahoka, TX

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; withdrawal.

SUMMARY: This document denies a

petition for rule making by 21st Century

Radio Ventures, Inc., requesting the

reallotment of Channel 238C3 from

Littlefield to Wolfforth, Texas, and the

modification the construction permit of

Station KAIQ (FM) to specify Wolfforth

as Station KAIQ (FM)’s community of

license. See 60 FR 32933, June 26, 1995.

The proposed reallotment was denied

because retaining the allotment at

Littlefield would provide a second aural

reception service to 3,113 persons,

which outweighs a first local

transmission service to Wolfforth

(population 1,941). With this action,

this proceeding is terminated.

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. 95–83,

adopted March 12, 1997, and released

March 21, 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.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–7444 Filed 3–24–97; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 97–96; RM–8756]

Television Broadcasting Services;

Johnstown and Jeannette, PA

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Venture

Technologies Group, Inc., proposing the

reallotment of UHF Television Channel

19+ from Johnstown to Jeannette,

Pennsylvania, as the community’s first

local television broadcast service.

Petitioner also proposes the

modification of Station WTWB-TV’s

license to specify Jeannette as its new

community of license. Channel 19+ can

be allotted to Jeannette in compliance

with the Commission’s minimum

distance separation requirements with a

site restriction of 43.8 kilometers (27.2

miles) east at petitioner’s requested site.

The coordinates for Channel 19+ at

Jeannette are North Latitude 40–10–51

and West Longitude 79–07–46. Since

Jeannette is located within 400

kilometers (250 miles) of the U.S.-

Canadian border, concurrence of the

Canadian government has been

requested.

DATES: Comments must be filed on or

before May 12, 1997, and reply

comments on or before May 27, 1997.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Irving Gastfreund, Esq.,

Kaye, Scholer, Fierman, Hays &

Handler, 901 15th Street, NW.,

Washington, DC 20005 (Counsel for

Petitioner).