Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Rules and Regulations 20247

(e) * * * Such protection shall be

applied solely with regard to

applications filed subsequent to the

request for a protected service area.

(f) With respect to protected service

area proposals, two applications will be

regarded as mutually exclusive if they

are:

(1) Submitted during the same filing

window;

(2) Otherwise grantable;

(3) Mutually exclusive only because

either or both applicants request a

protected service area. However, if an

applicant in such a situation shows that

the resulting interference would occur

solely over water, the applications will

not be considered to be mutually

exclusive.

§ 74.910 [Amended]

4. Section 74.190 is amended by

removing the entry Section 73.3564(a),

(b) Acceptance of applications, and

adding in its place, 73.3597(c)(2)

Procedures on transfer and assignment

applications.

5. Section 74.911 is amended by

revising the third sentence of paragraph

(a)(1), and by revising paragraph (c) to

read as follows:

§ 74.911 Processing of ITFS station

applications.

(a) * * *

(1) * * * A major change for an ITFS

station will be any proposal to add new

channels, change from one channel (or

channel group) to another, change

polarization, increase the EIRP in any

direction by more than 1.5dB, increase

the transmitting antenna height by 25

feet or more, or relocate a facility’s

transmitter site by 10 miles or

more.* * *

* * * * *

(c)(1) New and major change

applications for ITFS stations will be

accepted only on dates specified by the

Commission. Filing periods will be

designated by the Commission in a

Public Notice, to be released not fewer

than 60 days before the commencement

of the filing period. Qualified parties

will have no fewer than 5 business days

within which to submit their

applications. After termination of the

filing period, the Commission shall

release a Public Notice with a list of

applications filed in the window and

provide no fewer than 30 days for the

submission of petitions to deny.

Uncontested applications that are not

mutually exclusive with any other

application or licensed facility, and are

found to be acceptable, shall be granted.

Mutually exclusive applications shall be

evaluated pursuant to the comparative

selection process set forth in § 74.913 as

herein amended.

(2) The requirements of this section

apply to a wireless cable entity

requesting to be licensed on ITFS

frequency pursuant to § 74.990. The

application of such a wireless cable

entity shall be included in the Public

Notice released after the termination of

the filing period.

* * * * *

6. Section 74.913 is amended by

revising the first sentence of paragraph

(d)(1), and adding a new paragraph

(d)(5), to read as follows:

§ 74.913 Selection procedure for mutually

exclusive ITFS applications.

* * * * *

(d) * * *

(1) Enrollment will be considered as

of the last date of the filing window

during which the applications were

filed, as provided by § 74.911(c).* * *

* * * * *

(5) A receive site not receiving

interference protection may not be

utilized by an applicant for tie-breaking

purposes.

* * * * *

7. Section 74.932 is amended by

adding a new paragraph (e), to read as

follows:

§ 74.932 Eligibility and licensing

requirements.

* * * * *

(e) No receive site more than 35 miles

from the transmitter site shall be used

to establish basic eligibility.

* * * * *

8. Section 74.991 is amended by

revising the last two sentences of

paragraph (a) to read as follows:

§ 74.991 Wireless cable application

procedures.

(a) * * * A wireless cable application

for available instructional television

fixed service channels will be subject to

§ 21.914 of this chapter with respect to

other wireless cable applicants, and to

the ITFS window filing period with

respect to instructional television fixed

service applications. All lists of

accepted applications for ITFS

frequencies, regardless of the nature of

the applicant, will be published as ITFS

public notices.

* * * * *

[FR Doc. 95–10024 Filed 4–24–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 90

[DA95–741]

Inter-Category Sharing of Private

Mobile Radio Services in the 806–821/

851–866 MHz bands

AGENCY: Federal Communications

Commission.

ACTION: Notice of policy.

SUMMARY: The Wireless

Telecommunications Bureau has

imposed a freeze on the filing of new

applications for inter-category sharing

on all private mobile radio service

frequencies in the 806–821/851–866

MHz bands. This action was taken to

ensure the continued availability of

these channels to currently eligible Part

90 applicants not licensed in the

Specialized Mobile Radio (SMR) Service

until the Commission resolves intercategory sharing issues in PR Docket No.

93–144 and PP Docket No. 93–253. This

action will assure the integrity of the

Commission’s licensing process.

EFFECTIVE DATE: April 5, 1995.

FOR FURTHER INFORMATION CONTACT:

Freda Lippert Thyden, Wireless

Telecommunications Bureau, (202) 418–

0627.

SUPPLEMENTARY INFORMATION: This is a

summary of the Wireless

Telecommunications Bureau’s Order,

DA95–741, adopted April 5, 1995, and

released April 5, 1995. The full text of

this Order is available for inspection

and copying during normal business

hours in the Private Wireless Division,

Wireless Telecommunications Bureau,

2025 M Street, Room 5322, Washington,

DC. The complete text may be

purchased from the Commission’s copy

contractor, International Transcription

Service, Inc., 2100 M Street, Suite 140,

Washington, DC 20037, telephone (202)

857–3800.

This will impose no paperwork

burden on the public.

Summary of Order

1. The Wireless Telecommunications

Bureau imposed a temporary freeze on

inter-category sharing of frequencies in

the 806–821/851–866 MHz band

allocated to the Public Safety,

Industrial/Land Transportation (I/LT),

Specialized Mobile Radio (SMR) and

Business Services, in response to a

request by the Association of Public

Safety Communications Officials, Inc.

(APCO). This request was opposed by

the Industrial Telecommunications

Association, Inc. (ITA).

2. APCO asserts that as a consequence

of a Commission-imposed freeze (59

Fed. Reg. 60111 (November 22, 1994))
20248 Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Rules and Regulations

on the acceptance of 800 MHz

applications on 280 SMR category

channels, SMR applicants sought intercategory use of frequencies in the I/LT

and Business Categories which, in turn,

caused I/LT and Business applicants to

seek out-of-category channel

assignments on Public Safety category

channels. APCO asserts that this

situation endangers the continued

availability of these frequencies to the

public service community.

3. ITA opposes APCO’s request

asserting that it is a cavalier approach to

eliminating a long-standing and

beneficial rule. Opponent further

contends that the stay request is merely

a reiteration of APCO’s long-standing

objection to the inter-category sharing

rules.

4. The Commission has undertaken a

rule making proceeding (PR Docket 93–

144, 59 FR 60111 (November 22, 1994)),

in which it is considering Part 90

spectrum allocation issues. In response

to a Congressional directive, the

Commission is also in the process of

developing a specific plan to ensure

adequate spectrum to meet public safety

demands. Continued inter-category

sharing at this time, and at this

substantial rate, could compromise both

issues by exhausting the supply of

available channels, particularly in the

public safety spectrum.

5. Freezing acceptance of new intercategory sharing applications does not

eliminate, as alleged by ITA, the intercategory rules. This temporary action

merely ensures the successful resolution

of the spectrum allocation issues raised

in PR Docket No. 93–144 and the

concerns raised by the public safety

community.

List of Subjects in 47 CFR Part 90

Administrative practice and

procedure.

Federal Communications Commission.

Regina M. Keeney,

Chief, Wireless Telecommunications Bureau.

[FR Doc. 95–10131 Filed 4–24–95; 8:45 am]

BILLING CODE 6712–01–M

OFFICE OF MANAGEMENT AND

BUDGET

Office of Federal Procurement Policy

48 CFR Part 9904

Cost Accounting Standards Board;

Cost Accounting Standards for

Composition, Measurement,

Adjustment, and Allocation of Pension

Costs

AGENCY: Cost Accounting Standards

Board, Office of Federal Procurement

Policy, OMB.

ACTION: Correction to final rule.

SUMMARY: This document contains

corrections to the final rule revising the

Cost Accounting Standards relating to

accounting for pension costs under

negotiated government contracts, which

was published Thursday, March 30,

1995 (60 FR 16534).

EFFECTIVE DATE: March 30, 1995.

FOR FURTHER INFORMATION CONTACT:

Richard C. Loeb, Executive Secretary,

Cost Accounting Standards Board

(telephone: 202–395–3254).

The final rule published Thursday,

March 30, 1995, at 60 FR 16534 is

corrected as follows.

§ 9904.412–64 [Corrected]

1. On page 16548, in the first column,

in 9904.412–64(a)(1), in the fourth line,

after ‘‘to’’ delete bracketed information

and insert ‘‘March 30, 1995’’.

§ 9904.413–60 [Corrected]

2. On page 16555, in the third

column, in 9904.413–60(c)(16), in the

second line, after ‘‘(c)’’ delete ‘‘(17)’’ and

insert ‘‘(15)’’.

Richard C. Loeb,

Executive Secretary, Cost Accounting

Standards Board.

[FR Doc. 95–10100 Filed 4–24–95; 8:45 am]

BILLING CODE 3110–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 672, 675, and 676

[Docket No. 950418107–5107–01; I.D.

022295A]

Groundfish of the Gulf of Alaska,

Groundfish of the Bering Sea and

Aleutian Islands Area, Limited Access

Management of Federal Fisheries In

and Off of Alaska; Nomenclature

Change

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; technical

amendment.

SUMMARY: NMFS announces a technical

amendment to revise references to the

term ‘‘the Secretary’’ and similar

language in fisheries regulations dealing

with North Pacific fisheries. The

purpose of this revision is to reflect the

delegation of the Secretary of

Commerce’s authority to implement

Magnuson Fishery Conservation and

Management Act (Magnuson Act)

fishery regulations to NMFS. This

revision clearly identifies for the public

the agency responsible for these

regulations.

EFFECTIVE DATE: April 25, 1995.

FOR FURTHER INFORMATION CONTACT:

William D. Chappell, 301–713–2341.

SUPPLEMENTARY INFORMATION:

Background

The domestic and foreign groundfish

fisheries in the exclusive economic zone

off Alaska are managed by NMFS

according to Fishery Management Plans

(FMPs) for Groundfish of the Gulf of

Alaska and Groundfish of the Bering Sea

and Aleutian Islands Area prepared by

the North Pacific Fishery Management

Council under the authority of the

Magnuson Act. These FMPs are

implemented by regulations governing

the U.S. groundfish fishery at 50 CFR

parts 672 and 675, respectively. Limited

Access Management of Federal Fisheries

In and Off Alaska is implemented by

regulations at 50 CFR part 676. General

regulations that also pertain to U.S.

fisheries are implemented at 50 CFR

part 620.

Department of Commerce

Organization Order 10–15 of January 15,

1988, delegated certain authority of the

Secretary of Commerce to the Under

Secretary/Administrator of NOAA. The

Under Secretary has redelegated part of

this authority, including management of

living marine resources under the

Magnuson Act, to NMFS. This action

revises the North Pacific fisheries

regulations to identify the agency that

has the redelegated authority and

responsibility for issuing the regulations

and otherwise performing the

management functions required by the

Magnuson Act.

The term ‘‘the Secretary, the Secretary

of Commerce,’’ or ‘‘Secretarial’’ are used

throughout the regulations in referring

to functions and authorities assigned to

the Secretary of Commerce in the

Magnuson Act. These functions have

been delegated and are performed by

NMFS. These amendments revise the