696 Federal Register / Vol. 62, No. 3 / Monday, January 6, 1997 / Proposed Rules

rule. If no adverse or critical comments

are received in response to that direct

final rule, no further activity is

contemplated in relation to this

proposed rule. If EPA receives

significant adverse comments, (which

have not been addressed) the direct final

rule will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. EPA will institute a

second comment period on this action

only if warranted by revisions to the

rulemaking based on comments

received. Any parties interested in

commenting on this action should do so

at this time.

DATES: Comments on this action must be

received by February 5, 1997.

ADDRESSES: Written comments should

be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (A–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the State submittal and

EPA’s analysis of it are available for

inspection at: Regulation Development

Section, Air Enforcement Branch (A–

18J), U.S. Environmental Protection

Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: John

Paskevicz, Regulation Development

Section, Air Programs Branch (A–18J),

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, (312) 886–6084.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule published in the Rules Section

of this Federal Register.

Authority: 42 U.S.C. 4201–7601q.

Dated: October 16, 1996.

William E. Muno,

Acting Regional Administrator.

[FR Doc. 97–195 Filed 1–3–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 22 and 26

[WT Docket No. 96–148; GN Docket No. 96–

113; FCC 96–474]

Geographic Partitioning and Spectrum

Disaggregation by Commercial Mobile

Radio Services Licensees; and

Implementation of Section 257 of the

Communications Act; Elimination of

Market Entry Barriers

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: In this Further Notice of

Proposed Rulemaking in WT Docket No.

96–148, the Commission proposes

modifications to the cellular and

General Wireless Communications

Services (GWCS) rules to expand

geographic partitioning and spectrum

disaggregation provisions. The

Commission solicits comment on

certain issues relating to these rules.

DATES: Comments must be filed on or

before February 10, 1997. Reply

comments must be filed on or before

February 25, 1997.

ADDRESSES: Federal Communications

Commission, 1919 M Street, N.W.,

Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:

Shaun A. Maher, Commercial Wireless

Division, Wireless Telecommunications

Bureau at (202) 418–0620.

SUPPLEMENTARY INFORMATION: This

Further Notice of Proposed Rulemaking

in WT Docket No. 96–148 and GN

Docket No. 96–113, adopted on

December 13, 1996, and released

December 20, 1996, is available for

inspection and copying during normal

business hours in the FCC Reference

Center, Room 234, 1919 M Street, N.W.,

Washington, D.C. The complete text

may also be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., 2100 M Street, N.W., Suite 140,

Washington, D.C. 20037, (202) 857–

3800.

Synopsis of Further Notice of Proposed

Rulemaking

I. Introduction

1. There are Commercial Mobile

Radio Services (CMRS) in which

partitioning and disaggregation have

either not been proposed or have been

adopted on a more limited basis than

the rules adopted for broadband PCS.

For example, while partitioning is

allowed for cellular licensees, there are

no rules on disaggregation. Similarly,

General Wireless Communications

Service (GWCS) licensees are permitted

to partition only to rural telcos and

currently there is no rule for GWCS

disaggregation.

2. The Commission believes that it is

appropriate at this time to consider

whether to permit full partitioning and

disaggregation in cellular, GWCS and

any other services that are licensed on

a geographic area basis, or in spectrum

blocks of sufficient size to make

disaggregation practical. Therefore, the

Commission seeks comment on whether

these benefits similarly justify extension

of partitioning and disaggregation to

other services.

II. Discussion

A. Partitioning and Disaggregation for

Cellular and GWCS Services

3. Cellular. The Commission seeks

comment as to whether to permit

cellular disaggregation. Commenters

should address whether there are

technical or other constraints, unique to

the cellular service, that would make

disaggregation either impractical or

administratively burdensome.

Commenters should address whether

regulatory or technological changes

expected in the near future may provide

the opportunity for cellular licensees to

disaggregate portions of their licensed

spectrum to other parties. The

Commission seeks comment as to

whether such regulatory changes may

create a demand for cellular

disaggregation and whether, in

anticipation of such changes, the

Commission should adopt interim

disaggregation rules for cellular.

4. GWCS. The Commission seeks

comment as to whether open

partitioning of GWCS licenses should be

permitted similar to the proposal for

open partitioning the Commission has

adopted for broadband Personal

Communications Service (PCS)

licensees. In addition, the Commission

seeks comment as to whether GWCS

licensees should be permitted to

disaggregate their spectrum. The

Commission also seeks comment as to

whether there are technical or

regulatory constraints unique to the

GWCS service that would render

disaggregation impractical or

administratively burdensome. Further,

the Commission recognizes that there

are special competitive bidding issues,

similar to those raised in the broadband

PCS context, that must be resolved if it

permits open partitioning and

disaggregation for GWCS.

B. Available License Area

5. Section 22.947(b) of the rules, 47

CFR 22.947(b), provides that a cellular

licensee may partition portions of its

cellular market to other eligible parties.

The parties are free to define the license

area or ‘‘CGSA’’ of the new partitioned

cellular system. Because the cellular

partitioning rule is sufficiently flexible

to permit parties to freely define the

partitioned license area, the

Commission does not propose to modify

the cellular rules at this time.

6. GWCS service areas are based on

Economic Areas. Similar to the former

rule for broadband PCS partitioning,

GWCS licensees must partition along an

established geopolitical boundary, such

as county lines, the partitioned area

must include the wireline service area
Federal Register / Vol. 62, No. 3 / Monday, January 6, 1997 / Proposed Rules 697

of a rural telephone company (rural

telco) and it must be reasonably related

to the rural telco’s wireline service area.

The Commission seeks comment on

whether and how its existing

partitioning rule for GWCS, which

requires partitioning along established

geopolitical boundaries and along an

area that is reasonably related to a rural

telco’s wireline service area, should be

modified, if it chooses to open

partitioning of GWCS licenses to entities

other than rural telcos. The Commission

tentatively concludes that a more

flexible approach, similar to the one it

adopted for broadband PCS, is

appropriate for GWCS. Partitioning of

GWCS licenses would be permitted

based on any license area defined by the

parties. The Commission seeks

comment on whether this proposal is

consistent with the licensing of GWCS

based on Economic Areas and whether

there are any technical or other issues

unique to GWCS that might impede the

adoption of a flexible approach to

defining the partitioned license area.

C. Amount of Spectrum To Disaggregate

7. The Commission seeks comment as

to whether minimum disaggregation

standards are necessary for cellular and

GWCS. The Commission seeks to

determine whether technological and

administrative considerations warrant

the adoption of such standards. Cellular

licenses are currently issued for a 25

MHz block of spectrum and GWCS

licenses for 5 MHz blocks. GWCS

licensees are also permitted to obtain

multiple 5 MHz blocks and are subject

to a 15 MHz GWCS spectrum

aggregation limit. The Commission finds

that any such standard it adopts should

be sufficiently flexible so as to

encourage disaggregation while

providing a standard which is

consistent with the technical rules and

by which the Commission will be able

to track disaggregated spectrum and

review disaggregation proposals in an

expeditious fashion.

D. Combined Partitioning and

Disaggregation

8. The Commission seeks comment as

to whether combined partitioning and

disaggregation should be permitted for

cellular and GWCS services. The

Commission tentatively concludes that

it should permit such combinations to

provide parties the flexibility they need

to respond to market forces and

demands for service relevant to their

particular locations and service

offerings.

E. Construction Requirements

9. Cellular. While the Commission

does not propose to modify the existing

cellular build-out procedures, it seeks

comment as to whether the cellular

partitioning rule is sufficiently flexible

to increase the viability and value of

partitioned cellular licenses and to

facilitate cellular partitioning while

preventing circumvention of the cellular

build-out procedures. The Commission

invites comment as to whether the

existing cellular rules might be

amended to further facilitate cellular

partitioning and what types of

alternative partitioning mechanisms

might be adopted.

10. In addition, the Commission seeks

comment as to whether it should adopt

a disaggregation certification procedure

similar to the type adopted for

broadband PCS. The Commission

proposes requiring parties seeking

Commission approval of a cellular

disaggregation agreement to include a

certification as to which party will be

responsible for building out the

remainder of the market. Should that

party fail to build out, the Commission

proposes that the unserved portion of

the market would be subject to Phase II

or unserved area applications. The

Commission seeks comment as to

whether such an approach is feasible for

cellular disaggregation given the

distinctive nature of the cellular buildout rules.

11. GWCS. The Commission seeks

comment as to whether it should amend

its existing partitioning rule for GWCS

to allow dual construction options for

GWCS partitioning and adopt a

certification procedure for GWCS

disaggregation similar to the procedure

it has adopted for broadband PCS.

12. For example, under the first

construction option for GWCS

partitioning, the partitionee would

certify that it will satisfy the same

construction requirement as the original

GWCS licensee for its partitioned

license area. Under the second

construction option, the original GWCS

licensee may certify that it has or will

meet its five-year construction

requirement and that it will meet the

ten-year construction requirement for

the entire license area. Since the

original GWCS licensee retains

responsibility for meeting the

construction requirements, the

Commission believes that the

partitionee should be permitted to meet

a less substantial construction

requirement. The Commission seeks

comment as to what lesser construction

requirement would be appropriate.

13. As for GWCS disaggregation, the

Commission proposes adopting a

procedure similar to the one adopted for

broadband PCS and proposed for

cellular. Under such an approach, the

disaggregating parties would be required

to submit a certification, signed by both

the disaggregator and disaggregatee, as

to which of the parties will retain

responsibility for meeting the five and

ten-year construction requirements for

the GWCS market. The parties would be

permitted to share responsibility for

meeting the construction requirements.

The party or parties taking

responsibility for meeting the

construction requirements would be

subject to license forfeiture for failing to

meet the construction requirements.

F. License Term

14. The Commission seeks comment

as to whether the cellular and GWCS

rules should be amended to provide that

parties obtaining partitioned cellular or

GWCS licenses or disaggregated

spectrum hold their license for the

remainder of the original licensee’s tenyear license term. In addition, the

Commission seeks comment as to

whether GWCS partitionees and

disaggregatees should be afforded the

same renewal expectancy as other

GWCS licensees. The Commission

tentatively concludes that limiting the

license term of the partitionee or

disaggregatee is necessary to ensure that

there is maximum incentive for parties

to pursue available spectrum as quickly

as practicable.

G. GWCS Competitive Bidding Issues

15. The Commission tentatively

concludes that GWCS partitionees and

disaggregatees that would qualify as

designated entities should be permitted

to pay their pro rata share of the

remaining government obligation via

installment payments. The Commission

seeks comment as to the exact

mechanisms for apportioning the

remaining government obligation

between the parties and whether there

are any unique circumstances that

would make devising such a scheme for

the GWCS service more difficult than

for broadband PCS. Since GWCS service

areas are allotted on a geographic basis,

similar to broadband PCS, the

Commission proposes using population

as the objective measure to calculate the

relative value of the partitioned area and

amount of spectrum disaggregated as the

objective measure for disaggregation.

16. The Commission seeks comment

on whether to apply unjust enrichment

rules to designated entity GWCS

licensees that partition or disaggregate

to non-designated entities. Commenters
698 Federal Register / Vol. 62, No. 3 / Monday, January 6, 1997 / Proposed Rules

should address whether the unjust

enrichment payments should be

calculated on a proportional basis, using

population of the partitioned area and

amount of spectrum disaggregated as the

objective measures. The Commission

further seeks comment as to how to

enforce unjust enrichment payments for

designated entity GWCS licensees

paying via installment payments and

those that were awarded bidding credits

that partition or disaggregate to nondesignated entities. The Commission

tentatively proposes using methods

similar to those adopted for broadband

PCS for calculating the amount of the

unjust enrichment payments that must

be paid in those circumstances.

H. Licensing Issues

17. Partial assignment procedures are

not used for cellular partitioning.

Instead, whenever a cellular licensee

enters into a partitioning agreement, the

partitionee must file an application

(FCC Form 600) for a new cellular

system covering the partitioned market.

Since this procedure provides the

appropriate level of review of the

partitioning transaction, the

Commission proposes no modification

at this time. However, should the

Commission permit cellular

disaggregation, it seeks comment on the

method it should devise for reviewing

cellular disaggregation transactions.

18. Since there are existing partial

assignment rules for both cellular and

GWCS, the Commission proposes

utilizing partial assignment procedures,

similar to those adopted for broadband

PCS, to review cellular disaggregation

and GWCS partitioning and

disaggregation transactions. Partial

assignment applications would be

placed on public notice and subject to

petitions to deny. The parties would be

required to submit an FCC Form 490, an

FCC Form 600 and, if necessary, an FCC

Form 430, together as one package

under cover of the FCC Form 490. The

Commission invites comment whether

any additional procedures are necessary

for reviewing these applications.

III. Procedural Matters and Ordering

Clauses

A. Regulatory Flexibility Act

Summary

As required by Section 603 of the

Regulatory Flexibility Act, 5 U.S.C. 603,

the Commission has prepared an Initial

Regulatory Flexibility Analysis (IRFA)

of the expected impact on small entities

of the policies and rules proposed in

this Further Notice of Proposed

Rulemaking (FNPRM).

Reason for Action

This rulemaking proceeding was

initiated to secure comment on

proposals to modify our cellular and

General Wireless Communications

Service (GWCS) rules to permit

partitioning and disaggregation for all

licensees in those services. The

proposals advanced in the FNPRM are

also designed to implement Congress’

goal of giving small businesses the

opportunity to participate in the

provision of spectrum-based services in

accordance with Sections 257 and 309(j)

of the Communications Act of 1934, as

amended, 47 U.S.C. 257, 309(j) (the

Communications Act).

Objectives

The Commission proposes to change

its rules for cellular and GWCS to

facilitate the efficient use of cellular and

GWCS spectrum, increase competition,

and expedite the provision of cellular

and GWCS services in the near term.

These proposals seek to increase the

level of small business participation in

the provision of cellular and GWCS

services. The Commission considers

whether to modify the existing cellular

rules to provide for more flexible

partitioning and to allow disaggregation

of cellular spectrum for the first time. In

addition, the Commission proposes to

allow GWCS licensees to partition and

disaggregate to entities that are eligible

for GWCS licenses. Designated entity

GWCS licensees will be allowed to

partition or disaggregate to nondesignated entities, subject to unjust

enrichment payments. Entities that

qualify for installment payments will be

permitted to pay their pro rata share of

the remaining government obligation via

installment payments. The Commission

proposes to establish license terms that

permit cellular and GWCS partitionees

to hold partitioned licenses and

disaggregatees to hold disaggregated

spectrum for the remaining duration of

the original ten-year license term. The

Commission also proposes to establish

construction requirements for GWCS

partitioning to ensure expedient access

to GWCS service in partitioned areas, to

ensure coverage and to increase

spectrum efficiency. Finally, the

Commission proposes to allow

combined partitioning and

disaggregation for cellular and GWCS

services and to follow the existing

partial assignment procedures for

cellular and GWCS.

Legal Basis

The proposed action is authorized

under Sections 4(i), 257, 303(r) and

309(j) of the Communications Act of

1934, as amended, 47 U.S.C. 154(i), 257,

303(r), and 309(j).

Reporting, Recordkeeping, and Other

Compliance Requirements

The proposals under consideration in

this FNPRM include the possibility of

imposing reporting and recordkeeping

requirements on small businesses

seeking licenses through the proposed

partitioning and disaggregation rules.

The information requirements would be

used to determine whether the licensee

was qualified to obtain a partitioned

license or disaggregated spectrum. This

information will be a one-time filing by

an applicant requesting cellular

disaggregation or GWCS partitioning or

disaggregation. This information will be

submitted on FCC Forms 490 (and 430

and/or 600 filed as one package under

cover of the Form 490) which are

currently in use and have already

received OMB clearance. We estimate

that the average burden on the applicant

is three hours for the information

necessary to complete these forms. We

estimate that 75 percent of the

respondents (which may include small

businesses) will contract out the burden

of responding. We estimate that it will

take approximately 30 minutes to

coordinate information with those

contractors. The remaining 25 percent of

respondents (which may include small

businesses) are estimated to employ inhouse staff to provide the information.

Federal Rules Which Overlap, Duplicate

or Conflict With These Rules

None.

Description, Potential Impact, and

Number of Small Entities Involved

The rule changes proposed in this

proceeding will affect all small

businesses which avail themselves of

these rule changes, including small

businesses currently holding cellular

licenses who choose to partition and/or

disaggregate, and small businesses who

may acquire licenses through

partitioning and/or disaggregation. The

Commission is required to estimate in

its Final Regulatory Flexibility Analysis

the number of small entities to which a

rule will apply, provide a description of

such entities, and assess the impact of

the rule on such entities. To assist the

Commission in this analysis,

commenters are requested to provide

information regarding how many total

cellular and GWCS entities, existing and

potential, would be affected by the

proposed rules in the FNPRM. In

particular, we seek estimates of how

many cellular and GWCS entities,

existing or potential, will be considered

small businesses. Small business is
Federal Register / Vol. 62, No. 3 / Monday, January 6, 1997 / Proposed Rules 699

defined here as a firm that has revenues

of less than $40 million in each of the

last three calendar years. This definition

was adopted for the GWCS service. We

seek comment as to whether this

definition is appropriate in this context.

Additionally, we request each

commenter to identify whether it is a

small business under this definition. If

the commenter is a subsidiary of

another entity, this information should

be provided for both the subsidiary and

the parent corporation or entity.

The Commission anticipates that a

total of 8,465 cellular licensees or

potential licensees could take the

opportunity to partition or disaggregate

a license or obtain a license through

partitioning and/or disaggregation. This

estimate is based upon the current

number of existing cellular licensees

(1,693) and our estimate that each

license would probably not be

partitioned and/or disaggregated to

more than five parties. However, we

estimate that a significant number of the

cellular and GWCS licensees and

potential licensees who take the

opportunity to partition and/or

disaggregate a license or who could

obtain a license through partitioning

and/or disaggregation will be small

businesses.

SBA has not developed a definition of

small entities specifically applicable to

cellular. The closest applicable

definition under SBA rules is

radiotelephone (wireless) companies.

According to SBA’s definition, a small

business radiotelephone company is one

employing fewer than 1,500 persons.

According to our most recent data, there

are 1,693 existing cellular licensees. We

are unable at this time to estimate the

number of cellular service carriers that

would qualify as small business

concerns under SBA’s definition. We

estimate that fewer than 1,693 small

entity cellular service carriers may be

affected by the decisions and rules

adopted in this FNPRM.

Significant Alternatives Minimizing the

Impact on Small Entities Consistent

With the Stated Objectives

The proposals advanced in the

FNPRM are designed to implement

Congress’ goal of giving small

businesses, as well as other entities, the

opportunity to participate in the

provision of spectrum-based services.

The impact on small entities in the

proposals in the FNPRM is the

opportunity to enter the cellular and

GWCS market through partitioning and

disaggregation. With more open

partitioning and disaggregation,

additional entities, including small

businesses, may participate in the

provision of cellular and GWCS services

without needing to acquire wholesale an

existing license (with all of the bundle

of rights currently associated with the

existing license). Acquiring ‘‘less’’ than

the current license will presumably be

a more flexible and less expensive

alternative for entities desiring to enter

these services.

The rule changes proposed in the

FNPRM by the Commission are

consistent with the Communications

Act’s mandate to identify and eliminate

market entry barriers for small business

in the provision and ownership of

telecommunications services, and the

mandate under Section 309(j) of the

Communications Act, 47 U.S.C. 309(j),

to utilize auctions to ensure that small,

minority and women-owned businesses

and rural telcos have an opportunity to

participate in the provision of spectrumbased services. The proposals in the

FNPRM, if implemented, will facilitate

market entry by parties, including small

businesses, that may lack the financial

resources for participation in cellular

and GWCS services. The alternative is to

continue to allow GWCS partitioning

only for rural telcos. Limiting GWCS

partitioning to rural telcos would not

permit other small businesses to obtain

partitioned licenses or to partition to

other parties, and thus would not

promote the participation of small

business in the provision of GWCS

service.

In the FNPRM, the Commission

proposes facilitating GWCS partitioning

by offering a choice between two

different build-out options, which could

be negotiated by the parties. The

Commission tentatively concludes that

these proposed flexible build-out

requirements, if adopted, will encourage

partitioning to entities that have a

sincere interest in providing GWCS

service and will thereby expedite the

provision of service to geographic areas

that otherwise may not receive it as

quickly.

This FNPRM solicits comments on a

variety of proposals discussed herein.

Any significant alternatives presented in

the comments will be considered.

B. Paperwork Reduction Act

The Further Notice of Proposed

Rulemaking (FNPRM) contains either a

proposed or modified information

collection. As part of its continuing

effort to reduce paperwork burdens, we

invite the general public and the Office

of Management and Budget to take this

opportunity to comment on the

information collections contained in

this FNPRM, as required by the

Paperwork Reduction Act of 1995,

Public Law No. 104–13. Public and

agency comments are due at the same

time as other comments on this FNPRM;

OMB comments are due March 7, 1997.

Comments should address: (a) Whether

the proposed collection of information

is necessary for the proper performance

of the functions of the Commission,

including whether the information shall

have practical utility; (b) the accuracy of

the Commission’s burden estimates; (c)

ways to enhance the quality, utility, and

clarity of the information collected; and

(d) ways to minimize the burden of the

collection of information on the

respondents, including the use of

automated collection techniques or

other forms of information technology.

19. In addition to filing comments

with the Secretary, a copy of any

comments on the information

collections contained herein should be

submitted to both of the following:

Dorothy Conway, Federal

Communications Commission, Room

234, 1919 M Street, N.W., Washington,

DC 20554, or via the Internet to

dconway@fcc.gov and to Timothy Fain,

OMB Desk Officer, 10236 NEOB, 725—

17th Street, N.W., Washington, DC

20503 or via the Internet at

fainlt@al.eop.gov. For additional

information regarding the information

collections contained herein, contact

Dorothy Conway above.

C. Ex Parte Rules—Non-Restricted

Proceedings

This is a non-restricted notice and

comment rule making proceeding. Ex

parte presentations are permitted except

during the Sunshine Agenda period,

provided they are disclosed as provided

in the Commission’s rules, 47 CFR

1.1201, 1203, and 1.1206(a).

D. Comment Period

Pursuant to applicable procedures set

forth in §§ 1.415 and 1.419 of the

Commission’s rules, 47 CFR 1.415 and

1.419, interested parties may file

comments to the Further Notice of

Proposed Rulemaking on or before

February 10, 1997, and reply comments

on or before February 25, 1997. To file

formally in this proceeding, you must

file an original and four copies of all

comments, reply comments, and

supporting comments. If you want each

Commissioner to receive a personal

copy of your comments, you must file

an original plus nine copies. You should

send comments and reply comments to

Office of the Secretary, Federal

Communications Commission,

Washington, D.C. 20554. Comments and

reply comments will be available for

public inspection during regular

business hours in the FCC Reference

Center of the Federal Communications
700 Federal Register / Vol. 62, No. 3 / Monday, January 6, 1997 / Proposed Rules

Commission, Room 239, 1919 M Street,

N.W., Washington, D.C. 20554.

E. Authority

Authority for issuance of this Further

Notice of Proposed Rulemaking is

contained in Sections 4(i), 257, 303(r),

and 309(j) of the Communications Act of

1934, as amended, 47 U.S.C. 154(i), 257,

303(r), and 309(j).

F. Ordering Clauses

Accordingly, It is ordered that,

pursuant to the authority of Sections

4(i), 257, 303(g), 303(r), and 332(a) of

the Communications Act of 1934, as

amended, 47 U.S.C. §§ 154(i), 257,

303(g), 303(r), and 332(a), a further

notice of proposed rulemaking is hereby

adopted.

It is further ordered, that comments in

WT Docket No. 96–148 will be due

February 10, 1997, and reply comments

will be due February 25, 1997.

List of Subjects

47 CFR Part 22

Communications common carriers,

Reporting and recordkeeping

requirements.

47 CFR Part 26

Communications common carriers;

Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–99 Filed 1–3–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 600 and 660

[Docket No. 961227373–6373–01; I.D.

122096B]

RIN 0648–XX78

Magnuson Act Provisions; Foreign

Fishing; Fisheries off West Coast

States and in the Western Pacific;

Pacific Coast Groundfish Fishery;

Annual Specifications and

Management Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: 1997 groundfish fishery

specifications and management

measures; tribal whiting allocation;

announcement of exempted fishing

permits; request for comments.

SUMMARY: NMFS announces the 1997

fishery specifications and management

measures for groundfish taken in the

U.S. exclusive economic zone (EEZ) and

state waters off the coasts of

Washington, Oregon, and California, as

authorized by the Pacific Coast

Groundfish Fishery Management Plan

(FMP). The specifications include the

level of the acceptable biological catch

(ABC) and harvest guideline (HG),

including the distribution between

domestic and foreign fishing operations.

The HGs are allocated between the

limited entry and open access fisheries.

The management measures for 1997 are

designed to keep landings within the

HGs, for those species for which there

are HGs, and to achieve the goals and

objectives of the FMP and its

implementing regulations. The intended

effect of these actions is to establish

allowable harvest levels of Pacific Coast

groundfish and to implement

management measures designed to

achieve but not exceed those harvest

levels, while extending fishing and

processing opportunities as long as

possible during the year. This action

also announces issuance of exempted

fishing permits (EFPs) in 1996 and

applications for exempted fishing

permits in 1997.

DATES: Effective 0001 hours (local time)

January 1, 1997, until the 1998 annual

specifications and management

measures are effective, unless modified,

superseded, or rescinded. The 1998

annual specifications and management

measures will be published in the

Federal Register. Comments on the

1997 annual specifications and

management measures will be accepted

until February 5, 1997.

ADDRESSES: Comments on these

specifications and management

measures, tribal whiting allocation, and

EFPs should be sent to Mr. William

Stelle, Jr., Administrator, Northwest

Region, National Marine Fisheries

Service, 7600 Sand Point Way N.E., BIN

C15700, Bldg. 1, Seattle, WA 98115–

0070; or Ms. Hilda Diaz-Soltero,

Administrator, Southwest Region,

National Marine Fisheries Service, 501

West Ocean Blvd., Suite 4200, Long

Beach, CA 90802–4213. Information

relevant to these specifications and

management measures, including the

stock assessment and fishery evaluation

(SAFE) report, has been compiled in

aggregate form and is available for

public review during business hours at

the office of the Administrator (formerly

Director), Northwest Region, NMFS

(Regional Administrator), or may be

obtained from the Pacific Fishery

Management Council (Council), by

writing the Council at 2130 SW Fifth

Avenue, Suite 224, Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT:

William L. Robinson (Northwest Region,

NMFS) 206–526–6140; or Rodney R.

McInnis (Southwest Region, NMFS)

310–980–4040.

SUPPLEMENTARY INFORMATION: The FMP

requires that fishery specifications for

groundfish be evaluated each calendar

year, that HGs or quotas be specified for

species or species groups in need of

additional protection, and that

management measures designed to

achieve the HGs or quotas be published

in the Federal Register and made

effective by January 1, the beginning of

the fishing year. This action announces

and makes effective the final 1997

fishery specifications and the

management measures designed to

achieve them. These specifications and

measures were considered by the

Council at two meetings and were

recommended to NMFS by the Council

at its October 1996 meeting in San

Francisco, CA. NMFS received three

public comments regarding the

allocation of Pacific whiting (whiting) to

the Makah Indian tribe prior to the

publication of these specifications.

These comments are addressed in

paragraph V. Regulatory citations have

been changed throughout this document

to conform with the nationwide

consolidation of Pacific and Western

Pacific fisheries regulations at 50 CFR

part 600 and part 660.

I. Final Specifications

The fishery specifications include

ABCs, the designation of HGs or quotas

for species that need individual

management, the apportionment of the

HGs or quotas between domestic and

foreign fisheries, and allocation between

the open access and limited entry

segments of the domestic fishery. As in

the past, the specifications include fish

caught in state ocean waters (0–3

nautical miles (nm) offshore) as well as

fish caught in the EEZ (3–200 nm

offshore). Only changes to the

specifications between 1996 and 1997

are discussed herein, otherwise they are

the same as announced in 1996 (61 FR

279, January 4, 1996).

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