15858 Federal Register / Vol. 62, No. 64 / Thursday, April 3, 1997 / Rules and Regulations

being advised that the presentation was

prohibited; and

(6) The date and time that the

statement was prepared.

(c) Commission personnel who

receive written ex parte presentations

which they believe are prohibited shall

forward them to the Office of General

Counsel. If the circumstances in which

the presentation was made are not

apparent from the presentation itself, a

statement describing those

circumstances shall be submitted to the

Office of General Counsel with the

presentation.

(d) Prohibited written ex parte

presentations and all documentation

relating to prohibited written and oral

ex parte presentations shall be placed in

a public file which shall be associated

with but not made part of the record of

the proceeding to which the

presentations pertain. Such materials

may be considered in determining the

merits of a restricted proceeding only if

they are made part of the record and the

parties are so informed.

(e) If the General Counsel determines

that an ex parte presentation or

presentation during the Sunshine period

is prohibited by this subpart, he or she

shall notify the parties to the proceeding

that a prohibited presentation has

occurred and shall serve on the parties

copies of the presentation (if written)

and any statements describing the

circumstances of the presentation.

Service by the General Counsel shall not

be deemed to cure any violation of the

rules against prohibited ex parte

presentations.

(f) If the General Counsel determines

that service on the parties would be

unduly burdensome because the parties

to the proceeding are numerous, he or

she may issue a public notice in lieu of

service. The public notice shall state

that a prohibited presentation has been

made and may also state that the

presentation and related materials are

available for public inspection.

(g) The General Counsel shall forward

a copy of any statement describing the

circumstances in which the prohibited

ex parte presentation was made to the

person who made the presentation.

Within ten days thereafter, the person

who made the presentation may file

with the General Counsel a sworn

declaration regarding the presentation

and the circumstances in which it was

made. The General Counsel may serve

copies of the sworn declaration on the

parties to the proceeding.

(h) Where a restricted proceeding

precipitates a substantial amount of

correspondence from the general public,

the procedures in paragraphs (c)

through (g) of this section will not be

followed with respect to such

correspondence. The correspondence

will be placed in a public file and be

made available for public inspection.

14. Section 1.1214 is revised to read

as follows:

§ 1.1214 Disclosure of information

concerning violations of this subpart.

Any party to a proceeding or any

Commission employee who has

substantial reason to believe that any

violation of this subpart has been

solicited, attempted, or committed shall

promptly advise the Office of General

Counsel in writing of all the facts and

circumstances which are known to him

or her.

15. Section 1.1216 is revised to read

as follows:

§ 1.1216 Sanctions.

(a) Parties. Upon notice and hearing,

any party to a proceeding who directly

or indirectly violates or causes the

violation of any provision of this

subpart, or who fails to report the facts

and circumstances concerning any such

violation as required by this subpart,

may be disqualified from further

participation in that proceeding. In

proceedings other than a rulemaking, a

party who has violated or caused the

violation of any provision of this

subpart may be required to show cause

why his or her claim or interest in the

proceeding should not be dismissed,

denied, disregarded, or otherwise

adversely affected. In any proceeding,

such alternative or additional sanctions

as may be appropriate may also be

imposed.

(b) Commission personnel.

Commission personnel who violate

provisions of this subpart may be

subject to appropriate disciplinary or

other remedial action as provided in

part 19 of this chapter.

(c) Other persons. Such sanctions as

may be appropriate under the

circumstances shall be imposed upon

other persons who violate the

provisions of this subpart.

[FR Doc. 97–8042 Filed 4–2–97; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 95–167; RM–8699]

Radio Broadcasting Services;

Claremore and Chelsea, OK

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Michael P. Stephens, reallots

Channel 264A from Claremore to

Chelsea, Oklahoma, as the community’s

first local aural transmission service,

and modifies Station KTFR’s

construction permit to specify Chelsea

as its community of license. See 60 FR

56554, November 9, 1995. Channel

264A can be allotted to Chelsea in

compliance with the Commission’s

minimum distance separation

requirements with a site restriction of

2.0 kilometers (1.2 miles) southwest, at

coordinates 36–31–27 NL and 95–26–55

WL, to avoid a short-spacing to Station

KGLC, Channel 265A, Miami, OK. With

this action, this proceeding is

terminated.

EFFECTIVE DATE: May 12, 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. 95–167,

adopted March 19, 1997, and released

March 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, D.C. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

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 Oklahoma, is

amended by removing Claremore,

Channel 264A and adding Chelsea,

Channel 264A.

Federal Communications Commission

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–8437 Filed 4–2–97; 8:45 am]

BILLING CODE 6712–01–P