Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations 29667

1See 5 U.S.C. § 605(b). The RFA, see 5 U.S.C. 601

et seq., was amended by the Contract With America

Advancement Act of 1996, Pub.L. No. 104–121, 110

Stat. 847 (1996) (‘‘CWAAA’’). Title II of the

CWAAA is the Small Business Regulatory

Enforcement Fairness Act of 1996.

systems, and other participants. Script

content may be in the primary language

of the broadcast station. These monthly

tests must be transmitted within 15

minutes of receipt by broadcast stations

and cable systems and wireless cable

systems in an EAS Local Area or State.

Class D non-commercial educational FM

and LPTV stations are required to

transmit only the test script.

(2) * * *

(ii) * * *

(B) Effective December 31, 1998, cable

systems with 10,000 or more subscribers

per headend must conduct tests of the

EAS header and EOM codes at least

once a week at random days and times

on all programmed channels:

(C) Effective October 1, 2002, cable

systems serving fewer than 5,000

subscribers per headend must conduct

tests of the EAS header and EOM codes

at least once a week at random days and

times on at least one programmed

channel.

(D) Effective October 1, 2002, the

following cable systems and wireless

cable systems must conduct tests of the

EAS header and EOM codes at least

once a week at random days and times

on all programmed channels:

(1) Cable systems serving 5,000 or

more, but less than 10,000 subscribers

per headend; and,

(2) Wireless cable systems with 5,000

or more subscribers.

(E) Effective October 1, 2002, the

following cable systems and wireless

cable systems must conduct tests of the

EAS header and EOM codes at least

once a week at random days and times

on at least one programmed channel:

(1) Cable systems with fewer than

5,000 subscribers per headend; and,

(2) Wireless cable systems with fewer

than 5,000 subscribers. * * *

(v) TV stations, cable television

systems and wireless cable systems are

not required to transmit a video message

when transmitting the required weekly

test.

* * * * *

(6) EAS activations and special tests.

The EAS may be activated for

emergencies or special tests at the State

or Local Area level by a broadcast

station, cable system or wireless cable

system instead of the monthly or weekly

tests required by this section. To

substitute for a monthly test, activation

must include transmission of the EAS

header codes, Attention Signal,

emergency message and EOM code and

comply with the visual message

requirements in § 11.51. To substitute

for a weekly test of the Attention Signal

in paragraph (a)(2)(i) of this section,

activation must include transmission of

the Attention Signal and emergency

message. To substitute for the weekly

test of the EAS header codes and EOM

codes in paragraph (a)(2)(ii) of this

section, activation must include

transmission of the EAS header and

EOM codes. Television stations and

cable systems and wireless cable

systems shall comply with the aural and

visual message requirements in § 11.51.

Special EAS tests at the State and Local

Area levels may be conducted on daily

basis following procedures in State and

Local Area EAS plans.

(b) Entries shall be made in broadcast

station and cable system and wireless

cable system records as specified in

§ 11.54(b)(14) concerning EAS tests

received and transmitted.

PART 76—CABLE TELEVISION

SERVICE

18. The Authority citation for part 76

continues to read as follows:

Authority: 47 U.S.C. 151, 152, 153, 154,

301, 302, 303, 303a, 307, 308, 309, 312, 315,

317, 325, 503, 521, 522, 531, 532, 533, 534,

535, 536, 537, 543, 544, 544a, 545, 548, 552,

554, 556, 558, 560, 561, 571, 572, 573.

19. Section 76.5 is amended by

revising paragraph (qq) to read as

follows:

§ 76.5 Definitions.

* * * * *

(qq) Emergency Alert System (EAS).

The EAS is composed of broadcast

networks; cable networks and program

suppliers; AM, FM and TV broadcast

stations; Low Power TV (LPTV) stations;

cable systems and wireless cable

systems; and other entities and

industries operating on an organized

basis during emergencies at the

National, State, or local levels.

[FR Doc. 98–13462 Filed 5–29–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 21

[CC Docket No. 86–179; FCC 98–70]

Multipoint Distribution Service

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: Consistent with previous

determinations by the Federal

Communications Commission and

judicial decisions, this Second Report

and Order continues to classify

subscription Multipoint Distribution

Service (‘‘MDS’’) as a non-broadcast

service. The order defers the

classification of non-subscription MDS,

and requires prior notification and

Commission approval before MDS

service can be offered on a nonsubscription basis.

EFFECTIVE DATE: August 10, 1998,

following approval by the Office of

Management and Budget, unless a

notice is published in the Federal

Register stating otherwise.

FOR FURTHER INFORMATION CONTACT:

Charles Dziedzic or Jerianne

Timmerman at (202) 418–1600.

SUPPLEMENTARY INFORMATION: A

summary of the Second Report and

Order follows. The complete text is

available for inspection and copying

during normal business hours in the

MDS public reference room, Room 207,

at the Federal Communications

Commission, 2033 M Street, N.W.,

Washington, D.C., and it 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.

1. Synopsis of Second Report and

Order. Following the remand of

petitions to review by the United States

Court of Appeals for the District of

Columbia Circuit, the Federal

Communications Commission, in this

Second Report and Order, reaffirmed its

previous determination to classify

subscription Multipoint Distribution

Service (‘‘MDS’’) as a non-broadcast

service. Consistent with judicial

precedent, the Second Report and Order

defers the regulatory classification of

non-subscription MDS, and requires

prior notification and Commission

approval before MDS can be offered on

a non-subscription basis.

2. Final Regulatory Flexibility Act

Certification. Pursuant to the Regulatory

Flexibility Act of 1980, as amended

(‘‘RFA’’), 1 it is hereby certified that the

notification requirement for nonsubscription MDS service adopted

herein will not have a significant

economic impact on a substantial

number of small entities. As indicated

above in ¶¶ 6–8, we are not aware of any

instances in which MDS service has

been offered on a non-subscription

basis. Thus, the only impact of the

notification requirement will be the

submission of data concerning nonsubscription MDS service from the

limited number (if any) of MDS
29668 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations

applicants and licensees that may one

day choose to develop and provide such

service.

3. The Commission will send a copy

of this final certification, along with this

Second Report and Order, in a report to

Congress pursuant to the Small Business

Regulatory Enforcement Fairness Act of

1996, 5 U.S.C. 801(a)(1)(A), and to the

Chief Counsel for Advocacy of the Small

Business Administration, 5 U.S.C.

605(b). A copy of this certification will

also be published in the Federal

Register.

4. Ordering Clauses. Accordingly, it is

ordered, that pursuant to the authority

of Sections 4(i) and 303(r) of the

Communications Act of 1934, as

amended, 47 U.S.C. 154(i) and 393(r),

this Second Report and Order is

adopted, and Part 21 of the

Commission’s Rules are amended.

5. It is further ordered, that the rule

amendment will become effective

August 10, 1998, following approval by

the Office of Management and Budget,

unless a notice is published in the

Federal Register stating otherwise.

6. It is further ordered, that the

Commission’s Office of Public Affairs,

Reference Operations Division, shall

send a copy of this Second Report and

Order, including the Final Regulatory

Flexibility Act Certification, to the Chief

Counsel for Advocacy of the Small

Business Administration, in accordance

with section 605(b) of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq.

7. It is further ordered, that CC Docket

No. 86–179 is terminated.

List of Subjects in 47 CFR Part 21

Communications common carriers,

Reporting and recordkeeping

requirements, Television.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

Part 21 of Chapter 1 of Title 47 of the

Code of Federal Regulations is amended

as follows:

PART 21—DOMESTIC PUBLIC FIXED

RADIO SERVICES

1. The authority citation for part 21

continues to read as follows:

Authority: Secs. 1, 2, 4, 201–205, 208, 215,

218, 303, 307, 313, 314, 403, 404, 410, 602;

48 Stat. 1064, 1066, 1070–1073, 1076, 1077,

1080, 1082, 1083, 1087, 1094, 1098, 1102, as

amended; 47 U.S.C. 151, 154, 201–205, 208,

215, 218, 303, 307, 313, 314, 403, 602; 47

U.S.C. 552, 554.

2. Section 21.940 is added to read as

follows:

§ 21.940 Non-subscription MDS service.

The Commission must be notified,

and prior Commission approval

obtained, before Multipoint Distribution

Service or Multichannel Multipoint

Distribution Service may be provided on

a non-subscription basis.

[FR Doc. 98–14376 Filed 5–29–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 96–171; RM–8846, RM–

9145]

Radio Broadcasting Services; Indian

Springs, NV, Mountain Pass, CA,

Kingman, AZ, St. George, UT

AGENCY: Federal Communications

Commission.

ACTION: Withdrawal of final rule.

SUMMARY: The Commission, on its own

motion, pursuant to section 1.113(a) of

the Commission’s Rules, withdraws the

final rule in this proceeding, DA 98–

689, published at 63 FR 23226, April 28,

1998. That document substituted

Channel 257C for Channel 257A at

Indian Springs, Nevada, modified the

construction permit of Station KPXC to

specify the higher powered channel,

substituted Channel 259B for Channel

258B at Mountain Pass, California,

modified the license of Station KHYZ to

specify the alternate Class B channel,

substituted Channel 261C2 for Channel

260C2 at Kingman, Arizona, modified

the license of Station KGMN to specify

the alternate Class C2 channel,

substituted Channel 260C for Channel

259C at St. George, Utah, modified the

license of Station KZEZ to specify the

alternate Class C channel, and allotted

Channel 272C to Indian Springs,

Nevada, as a new allotment.

DATES: This withdrawal is effective May

27, 1998.

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Order, DA

No. 98–1003, adopted May 22, 1998,

and released May 27, 1998. 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 Services, Inc., (202) 857–

3800, 1231 20th Street, NW,

Washington, DC 20036.

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.

The final rule amending § 73.202

published on April 28, 1998, at 63 FR

23226, is withdrawn.

[FR Doc. 98–14471 Filed 5–29–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 107

[Notice No. 98–5]

Hazardous Materials Ticketing

Program

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Notification continuing the

ticketing program.

SUMMARY: On May 15, 1996, RSPA

initiated a pilot program for issuing

tickets for certain hazardous materials

transportation violations. The goal of

the program has been to streamline

administrative procedures, cut costs,

and reduce regulatory burdens on

persons subject to Federal hazardous

materials transportation law. Tickets

have been issued for violations that had

little or no direct impact on safety.

Penalties have been substantially

reduced for persons who paid the

amounts assessed in the tickets.

This program is consistent with the

recommendation in the National

Performance Review to streamline the

enforcement process by implementing

pilot programs to offer greater flexibility

in enforcement methods. RSPA’s

ticketing program has successfully cut

costs, simplified the processing of

violations, and achieved compliance

through more efficient and effective

processes. RSPA has decided to make

ticketing a permanent part of its

compliance program.

EFFECTIVE DATE: May 15, 1998.

FOR FURTHER INFORMATION CONTACT: John

J. O’Connell, Jr., Director, Office of

Hazardous Materials Enforcement, (202)

366–4700; or Donna L. O’Berry, Office

of the Chief Counsel, (202) 366–4400,

Research and Special Programs

Administration, U.S. Department of