20950 Federal Register / Vol. 60, No. 82 / Friday, April 28, 1995 / Proposed Rules

1See generally, Section 1.1206(a) of the

Commission’s Rules, 47 CFR § 1.1206(a).

requiring cellular providers not to

prohibit resale should be extended to

apply to most CMRS providers.

5. Additionally, the Notice tentatively

concludes that, as in the case of cellular

carriers, a time limitation on the

obligation to require resale of the

services of one facilities-based CMRS

provider to another facilities-based

CMRS provider is appropriate. The

Notice tentatively concludes that, as in

the case of cellular service, once the

newer entrant in a market is fully

operational the rationale for prohibiting

resale restrictions between facilitiesbased carriers, i.e., to offset any

competitive advantage gained as a result

of a service provider’s ‘‘headstart’’,

ceases to exist. The Notice seeks

comment on whether, as in the case of

cellular, the resale requirement should

remain in effect until the termination of

the fill-in period of the particular

service, which the Commission

previously established in its Rules, or

whether some other period is

appropriate.

6. Finally, the Notice tentatively

concludes that the Commission should

not impose a general obligation

requiring CMRS providers to

interconnect with resellers seeking to

install their own switching equipment

between the CMRS provider’s network

facilities and the facilities of the local

exchange carrier and the interexchange

carrier.

Ex Parte Rules

7. 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.1

Regulatory Flexibility Act

8. As required by Section 603 of the

Regulatory Flexibility Act, 5 U.S.C.

§ 601 et seq. (1981), the Commission has

prepared an Initial Regulatory

Flexibility Analysis (IRFA) of the

expected impact of the policies and

rules proposed in this Notice on small

entities. The IRFA is contained in

Appendix B to the Notice. The Secretary

shall cause a copy of this Notice,

including the IRFA, to be sent to the

Chief Counsel for Advocacy of the Small

Business Administration in accordance

with Section 603(a) of the Regulatory

Flexibility Act.

Authority

9. This action is taken pursuant to

Sections 1, 4(i), 4(j), 201, 202, 208, 332,

and 403 Communications Act as

amended; 47 U.S.C. 154(i), 201, 202,

208, 332, and 403.

10. Accordingly, it is ordered that

notice is hereby given of the proposed

regulatory changes described above, and

that comment is sought on these

proposals.

11. It is further ordered that pursuant

to applicable procedures set forth in

Sections 1.415 and 1.419 of the

Commission’s Rules, 47 CFR 1.415 and

1.419, comments shall be filed with

William F. Caton, Acting Secretary,

Federal Communications Commission,

Washington, DC 20554 on or before June

14, 1995, and reply comments shall be

filed with the Secretary on or before July

14, 1995. To file formally in this

proceeding, parties must file an original

and five copies of all comments, reply

comments, and supporting comments.

Parties wishing each Commissioner to

receive a personal copy of their

comments must file an original plus

nine copies.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–10472 Filed 4–27–95; 8:45 am]

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47 CFR Part 73

[MM Docket No. 95–48, RM–8590]

Television Broadcasting Services;

Weaverville, CA

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition for rule making

filed by Mark C. Allen, requesting the

allotment of UHF television Channel 32

to Weaverville, California, as that

community’s first local television

service. Weaverville is located within

the prohibited co-channel minimum

distance (174.5 miles) to the

Sacramento-Stockton television market,

one of the designated markets affected

by the Commission’s current freeze on

allotments and applications pending the

outcome of an inquiry into the use of

advanced television systems in

broadcasting. (See Order, Advanced

Television Systems and Their Impact on

Existing Television Broadcast Service,

52 Fed. Reg. 28346, July 29, 1987).

However, Channel 32 can be allotted to

Weaverville in compliance with the

terms of the freeze Order at a restricted

site. Coordinates used for Channel 32 at

Weaverville are 40–54–45 and 122–52–

15.

DATES: Comments must be filed on or

before June 15, 1995, and reply

comments on or before June 30, 1995.

ADDRESSES: Federal Communications

Commission, Washington, D.C. 20554.

In addition to filing comments with the

FCC, interested parties should serve the

petitioner, as follows: Mark C. Allen,

3745 McHale Way, Redding, CA 96001.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

95–48, adopted April 14, 1995, and

released April 24, 1995. 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, D.C. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Service, Inc., (202) 857–

3800, 2100 M Street, NW, Suite 140,

Washington, D.C. 20037.

Provisions of the Regulatory

Flexibility Act of l980 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

Television broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–10470 Filed 4–27–95; 8:45 am]

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