27544 Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 / Proposed Rules

3 5 U.S.C. § 601(3) (incorporating by reference the

definition of ‘‘small business concern’’ in 15 U.S.C.

§ 632).

4Small Business Act, 15 U.S.C. § 632 (1996).

5 13 C.F.R. § 121.201.

6Order, 12 FCC Rcd at 9227–9243.

7 12 FCC Rcd at 9227–9243.

unless the Commission has developed

one or more definitions that are

appropriate to its activities.3 Under the

Small Business Act, a ‘‘small business

concern’’ is one that: (1) is

independently owned and operated; (2)

is not dominant in its field of operation;

and (3) meets any additional criteria

established by the Small Business

Administration (SBA).4

5. The SBA has defined a small

business for Standard Industrial

Classification (SIC) categories 4812

(Radiotelephone Communications) and

4813 (Telephone Communications,

Except Radiotelephone) to be small

entities having fewer than 1,500

employees.5 Small incumbent LECs

subject to the universal service rules are

either dominant in their field of

operation or are not independently

owned and operated, and consistent

with our prior practice they are

excluded from the definition of ‘‘small

entity’’ and small business concerns.

Accordingly, our use of the terms ‘‘small

entities’’ and ‘‘small business’’ does not

encompass small incumbent LECs. Out

of an abundance of caution, however,

for regulatory flexibility analysis

purposes, we will consider small

incumbent LECs within this analysis

and use the term ‘‘small incumbent

LECS’’ to refer to any incumbent LECs

that arguably might be defined by the

SBA as ‘‘small business concerns.’’

6. In the final regulatory flexibility

analysis (FRFA) in the Universal Service

Order, the Commission described and

estimated in detail the number of small

entities that would be affected by the

new universal service rules.6 These

entities included various types of

telecommunications carriers and service

providers, as well as schools, libraries,

rural health care providers and other

beneficiaries of the universal service

mechanisms. The proposal in this notice

would apply to the same entities

described in the FRFA. Therefore we

incorporate by reference the description

and estimate of the number of small

entities affected included in the FRFA

to the Order.7

7. Description of Projected Reporting,

Recordkeeping and Other Compliance

Requirements. The notice does not

propose any new reporting or

recordkeeping requirements. It proposes

to change the existing compliance

requirements for universal service by

adjusting the amount of support

available to schools, libraries, and rural

health care providers in the first year of

the new universal service support

mechanisms and to ensure that the most

economically disadvantaged schools

and libraries receive adequate support.

8. Description of Significant

Alternatives which could Minimize Any

Significant Economic Impact on Small

Entities. The requirements proposed

could have a significant economic

impact on small telecommunications

carriers and providers, including small

LECs by reducing the amount of their

universal service contributions in the

first year of the support mechanisms for

schools and libraries, and rural health

care providers. In addition the proposed

requirements could have a significant

economic impact on small schools,

libraries, rural health care providers,

and small government jurisdictions by

reducing the amount of support

available during that year. The notice

seeks comments on alternative ways of

ensuring adequate support for the most

economically disadvantaged schools

and libraries. We invite specific

comment on the impact of the proposed

requirements on small entities.

9. Federal Rules that May Duplicate,

Overlap, or Conflict With the Notice.

None.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98–13336 Filed 5–15–98; 11:24 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–63, RM–9209]

Radio Broadcasting Services;

Pottsboro, TX; Durant and Madill, OK

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Grayson

Broadcasting Company requesting the

allotment of Channel 273C3 to

Pottsboro, Texas; the substitution of

Channel 292A for Channel 296A at

Durant, Oklahoma, and the modification

of Station KLBC’s license; the

substitution of Channel 296A for

Channel 273A at Madill, Oklahoma, and

the modification of Station KMAD–FM’s

license. Channel 273C3, Channel 292A,

Channel 296A can be allotted to

Pottsboro, Texas, Durant and Madill,

Oklahoma, respectively, in compliance

with the Commission’s minimum

distance separation requirements.

Channel 273C3 can be allotted to

Pottsboro, Texas, without the

imposition of a site restriction at

coordinates 33–46–20 and 96–40–18.

Channel 292A can be allotted to Durant

and Channel 296A can be allotted to

Madill at the existing transmitter sites of

Station KLBC and Station KMAD–FM.

The coordinates for Channel 292A at

Durant are 34–00–07 and 96–25–19. The

coordinates for Channel 296A at Madill

are 34–06–24 and 96–46–30.

DATES: Comments must be filed on or

before June 29, 1998, and reply

comments on or before July 14, 1998.

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: Andrew S. Kersting,

Fletcher, Heald & Hildreth, P.L.C., 11th

Floor, 1300 North 17th Street, Rosslyn,

Virginia 22209–3801 (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.

98–63, adopted April 29, 1998, and

released May 8, 1998. 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, 1231 20th Street, NW,

Washington, DC 20036.

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 Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 / Proposed Rules 27545

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–13166 Filed 5–18–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 76

[CS Docket No. 98–61; FCC 98–79]

1998 Biennial Regulatory Review;

Form 325–Annual Report of Cable

Television Systems

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: In this Notice of Proposed

Rulemaking (‘‘NPRM’’), the Commission

seeks comment on a proposal to

eliminate or modify the process of

collecting Form 325, ‘‘Annual Report of

Cable Television Systems.’’ This

proceeding is initiated in conjunction

with the Commission’s 1998 biennial

regulatory review. The intended effect

of this proceeding is to reduce the

regulatory burden on the Commission,

as well as cable operators.

DATES: Comments are due on or before

June 30, 1998. Reply comments are due

on or before July 15, 1998. Written

comments by the public on the

proposed information collections are

due June 9, 1998.

ADDRESSES: Federal Communications

Commission, Washington, D.C. 20554.

In addition to filing comments with the

Secretary, a copy of any comments on

the information collections contained

herein should be submitted to Judy

Boley, Federal Communications

Commission, Room 234, 1919 M Street,

N.W., Washington, DC 20554, to

Timothy Fain, OMB Desk Officer, 10236

NEOB, 725—17th Street, N.W.,

Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT:

Sunil Daluvoy, Consumer Protection

and Competition Division, Cable

Services Bureau, at (202) 418–1032. For

additional information concerning the

information collection contained in this

NPRM, contact Judy Boley at 202–418–

0214, or via the Internet at

jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the NPRM in CS Docket No.

98–61, FCC 98–79 which was adopted

on April 27, 1998 and released on April

30, 1998. A copy of the complete item

is available for inspection and copying

during normal business hours in the

FCC Reference Center, Room 239, 1919

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

The complete text may be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, N.W.,

Washington, D.C. 20036, (202) 857–

3800. The complete Notice of Proposed

Rulemaking also is available on the

Commission’s Internet home page

(http://www.fcc.gov). The requirements

proposed in this Notice have been

analyzed with respect to the Paperwork

Reduction Act of 1995 (the ‘‘1995 Act’’)

and could potentially impose modified

information collection requirements on

the public. The Commission, as part of

its continuing effort to reduce

paperwork burdens, invites the general

public and the Office of Management

and Budget (OMB) to take this

opportunity to comment on the

proposed modifications to the

information collection requirements

contained in this NPRM, as required by

the Paperwork Reduction Act of 1995.

Public comments are due June 9, 1998.

Written comments must be submitted by

OMB on or before July 20, 1998.

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.

OMB Approval Number: 3060–0061.

Title: Annual Report of Cable

Television Systems—Form 325.

Total Estimated Annual Burden to

Respondents: 28,000 hours. The average

burden to respondents is estimated to be

2 hours per Form 325 filing. 14,000

filings × 2 hours = 28,000 hours.

Total Estimated Annual Cost of

Respondents: $14,000. Postage,

stationery and photocopying costs

pertaining to this filing requirement are

estimated to be $1 per form. 14,000 × $1

= $14,000.

Needs and Uses: The Form 325 is a

preprinted form that has been used by

the Commission to annually collect

ownership, community unit, statistical,

technical and services information from

cable television systems on a physical

system basis. Operators of every

operational cable television system

complete the form to verify, correct and/

or furnish the Commission with the

most current information on their

respective cable systems. Here, we have

reported burden estimates to

respondents as they are currently

accounted for in the Commission’s

Information Collection Budget for

Collection Number OMB 3060–0061.

Depending on public comment

generated in this proceeding, the

Commission will either amend the

content of Form 325, eliminate the Form

325 filing requirement or will reduce

the scope or frequency of the filing

requirement.

SUMMARY OF ACTION:

I. Background

1. On April 27, 1998, the Federal

Communications Commission

(‘‘Commission’’) adopted a Notice of

Proposed Rulemaking which sought

comment on our proposal to eliminate

or modify Form 325, ‘‘Annual Report of

Cable Television Systems’’, which is

provided for in 47 CFR § 76.403. The

Notice of Proposed Rulemaking is

summarized below.

A. Introduction

2. Section 11 of the 1996

Telecommunications Act, instructs the

Commission ‘‘to conduct a biennial

review of regulations that apply to

operations and activities of any provider

of telecommunications service and to

repeal or modify any regulation it

determines to be no longer in the public

interest.’’ Although Section 11 does not

refer to the cable television rules

generally, the Commission has

determined that the first biennial review

presents an opportunity for a thorough

examination of all of the Commission’s

regulations. We believe that

consideration of the continuing need for

the Form 325 information collection

process is consistent with the Section 11

mandate.

B. Discussion

3. Form 325 constitutes the

Commission’s basic annual reporting

requirement for the cable television

industry. The form was developed for

use on a one time basis in 1966 and was

subsequently adopted as an annual

filing requirement in 1971. The form

was intended to provide the

Commission with information that

would be of value in the development

of rules and policies applicable to the

cable television industry. In addition,

information as to both individual

franchise areas and physical system

operations was to be collected for use in

connection with individual waiver or

enforcement proceedings. The current

Form 325 has also been used for two

additional purposes: (1) to obtain

subscribership data from which to

calculate or review cable operator’s