Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / Rules and Regulations 26375

(funding of CSA grantees), 1068 (grantee

financial management), 1069 (grantee

personnel management), 1070 (grantee

public affairs), 1076 (economic

development programs).

Regulatory Procedures

Executive Order 12866

This final rule has been reviewed

pursuant to Executive Order 12866.

Executive Order 12866 requires that

regulations be reviewed for consistency

with the priorities and principles set

forth in the Executive Order. ACF has

determined that this rule is consistent

with these priorities and principles.

Most specifically, it responds directly to

the President’s new Regulatory

Reinventor Initiative by cutting obsolete

regulations. It entails no increase in cost

or burden on State and local

governments or other entities.

Regulatory Flexibility Act

Consistent with the Regulatory

Flexibility Act (Pub. L. 96–354), which

requires the Federal government to

anticipate and reduce the impact of

rules and paperwork requirements on

small businesses and other small

entities, the Department certifies that

this rule has no significant effect on a

substantial number of small entities.

Therefore, a regulatory flexibility

analysis is not required.

Paperwork Reduction Act

This regulation contains no

information collection requirements

which are subject to review and

approval by OMB under the Paperwork

Reduction Act of 1980 (44 U.S.C.

section 3500 et seq.).

List of Subjects

45 CFR Part 1010

Administrative practice and

procedures, Civil rights, Community

activities programs, Community

Services Offices, Grant programs—social

programs.

45 CFR Part 1050

Administration practice and

procedures, Civil rights, Community

activities programs, Community

Services Offices, Grant programs—social

programs, Government procedures,

Report and recordkeeping, Charity

bonds.

45 CFR Part 1060

Administrative practice and

procedures, Civil rights, Community

activities programs, Community

Services offices, Grant programs—social

programs.

45 CFR Part 1061

Aged, Community Services Offices,

Energy, Family planning, Nutrition,

Recreation and recreation activities,

Reporting and recordkeeping.

45 CFR Part 1064

Administrative practice and

procedures, Civil rights, Community

activities programs, Community

Services Offices, Grant programs—social

programs.

45 CFR Part 1067

Administrative practice and

procedures, Civil rights, Community

activities programs, Community

Services Offices, Grant programs—social

programs, Accounting.

45 CFR Part 1068

Administrative practice and

procedures, Civil rights, Community

activities programs, Community

Services Offices, Grant programs—social

programs, Accounting, Income taxes,

Social security.

45 CFR Part 1069

Civil disorders, Community Services

Offices, Lobbying, Political activities

(government employees), Social

security, Travel.

45 CFR Part 1070

Administrative practice and

procedures, Civil rights, Community

activities programs, Community

Services Offices, Grant programs—social

programs, News media.

45 CFR Part 1076

Administrative practice and

procedures, Civil rights, Community

activities programs, Community

Services Offices, Grant programs—social

programs, Credit unions, Loan

programs—social programs, Rural areas

and small businesses.

(Catalog of Federal Domestic Assistance

Program Number 93.569, Community

Services Block Grant)

(42 U.S.C. 9912)

Dated: April 25, 1995.

Mary Jo Bane,

Assistant Secretary for Children and Families.

For the reasons set forth in the

preamble and under the authority of 42

U.S.C. 9912, Chapter X of title 45 is

amended by removing parts 1010, 1050,

1060, 1061, 1064, 1067, 1068, 1069

1070, and 1076.

[FR Doc. 95–11912 Filed 5–16–95; 8:45 am]

BILLING CODE 4184–01–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 24

[GEN Docket No. 90–314, ET Docket No.

92–100, FCC 95–92]

Personal Communications Services

AGENCY: Federal Communications

Commission (FCC).

ACTION: Correction to final rules.

SUMMARY: This document contains

corrections to the final rules which were

published Wednesday, March 15, 1995,

(60 FR 13915). The rules related to the

ownership attribution of licenses in

view of the Commission’s decisions to

use a multiplier when assessing indirect

ownership interests.

EFFECTIVE DATE: March 15, 1995.

FOR FURTHER INFORMATION CONTACT:

Michael Wack, Policy Division, Wireless

Telecommunications Bureau, (202) 418–

1310.

SUPPLEMENTARY INFORMATION: On March

3, 1995, the Commission released the

full text of a Memorandum Opinion and

Order (Order) in the captioned matter

(FCC 95–92). However, there are several

errors in the appendix to the Order,

‘‘Appendix A: Final Rules,’’ as released

and as subsequently published in the

Federal Register, on March 15, 1995, at

60 FR 13915. There is a need for

correction because these rules contain

errors which may prove misleading and

are in need of clarification. The final

rules that are the subject of these

corrections supersede §§ 24.101(b) and

24.229(c) on the effective date of

publication in the Federal Register and

affect nationwide narrowband PCS

licenses and certain other PCS licensees

that are institutional investors.

Accordingly, the publication on

March 15, 1995 of the final regulations,

which were the subject of FR Doc. 95–

6488, is corrected as follows:

§ 24.101 [Corrected]

1. On page 13917, first column, in

§ 24.101, in paragraph (b), line one, the

word ‘‘had’’ is removed and the words

‘‘applies for a license after August 16,

1994 or has a license transferred to it

after that date, and the party has’’ are

added in its place.

§ 24.229 [Corrected]

2. On page 13917, third column, in

§ 24.229, paragraph (c) is corrected to

read as follows:

§ 24.229 Frequencies.

* * * * *

(c) PCS licensees shall not have an

ownership interest in frequency blocks
26376 Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / Rules and Regulations

that total more than 40 MHz and serve

the same geographic area. For purposes

of this section, PCS licensees are:

(1) Any institutional investor, as

defined in § 24.720(h), with an

ownership interest of 10 or more

percent in a broadband PCS license; and

(2) Any other entities having an

ownership interest of 5 or more percent

or other attributable ownership interest,

as defined in § 24.204(d), in a PCS

license.

Example 1: Company A, which is a rural

telephone company with no cellular

interests, buys a 7 percent stake in a 30 MHz

BTA that constitutes 8 percent of the

population in MTA 1, which encompasses

BTA 1. It is then offered an opportunity to

buy 8 percent of the equity in a 30 MHz

license in MTA 1. It cannot accept this offer

because it would be over the 5 percent

threshold on two overlapping PCS licenses.

Its status as a rural telephone company has

no impact on the 5 percent threshold for PCS

licensees.

Example 2: (1) Company A has two

investors, Company B and Company C.

Company B owns 15 percent of Company A.

Company C, a rural telephone company,

owns 25 percent of Company A. Company B

and Company C do not have any interests in

each other.

(2) Company B has 100 percent ownership

of cellular license 1 that covers 20 percent of

the pops in BTA 1 and 6 percent of the pops

in MTA 1. Company C owns 25 percent of

cellular license 2 that covers 20 percent of

the pops in BTA 2 and 6 percent of the pops

in MTA 1. Company A has no separate

cellular interests. MTA 1 encompasses both

BTA 1 and BTA 2.

(3) Company A cannot purchase 30 MHz of

spectrum in BTA 1. Such a purchase would

put Company B over the aggregation limit of

40 MHz in BTA 1 because it would have over

5 percent ownership of the PCS license in

addition to its cellular license.

(4) Company A can, however, purchase 30

MHz in BTA 2 or MTA 1 because Company

C is a rural telephone company, and thus

Company C’s interest in cellular license 2

falls below the 40 percent threshold and is

not counted against the spectrum cap. If

Company C were not a rural telephone

company, then Company A could not acquire

30 MHz in BTA 2 or MTA 1 because its

partners in those licenses would be over the

spectrum cap.

(5) Company B can also buy 30 MHz in

BTA 2 or MTZ 1 as long as Company A does

not also buy 30 MHz in BTA 2 or MTA 1

because Company B and Company C have no

joint ownership.

(6) Company C can also buy 30 MHz in

BTA 1 or 2 or MTA 1 as long as Company

A does not also buy in the region where

Company C buys. If Company A were to buy

a 30 MHz MTA 1 license, then Company B

and Company C would be prohibited from

acquiring either of the BTAs because they

would be over the 5 percent threshold for

PCS spectrum in the same region.

* * * * *

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–11931 Filed 5–16–95; 8:45 am]

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