26862 Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Proposed Rules

MHz spectrum cap for cellular

telephone service, Specialized Mobile

Radio (SMR) service, and broadband

Personal Communications Service

(PCS). While the spectrum cap currently

applies only to licensees in these

services who are classified as

Commercial Mobile Radio Service

(CMRS) providers, the Commission

proposes to extend the cap to all

cellular, SMR, and broadband PCS

providers regardless of their regulatory

classification. The Third Further Notice

of Proposed Rulemaking also seeks

comment on applying the spectrum cap

to those ‘‘grandfathered’’ SMR licensees

who continue to be regulated as Private

Mobile Radio Service (PMRS) providers

until August 10, 1996. The intended

effect of the proposed rule for cellular,

SMR and PCS providers is to ensure

regulatory symmetry in the regulation of

competing commercial mobile radio

services.

DATES: Comments are to be filed on or

before June 5, 1995. Reply Comments

are to be filed on or before June 26,

1995.

ADDRESSES: Comments should be sent to

the Office of the Secretary, Federal

Communications Commission,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Lisa

Warner, (202) 418–0620, Wireless

Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Third Further Notice of

Proposed Rulemaking, adopted April

10, 1995, and released May 5, 1995. The

complete text of this Further Notice of

Proposed Rulemaking is available for

inspection and copying during normal

business hours in the FCC Dockets

Branch, Room 239, 1919 M Street NW.,

Washington, DC, and also may be

purchased from the Commission’s copy

contractor, International Transcription

Service, at (202) 857–3800, 2100 M

Street NW., Suite 140, Washington, DC

20037.

Synopsis of the Third Further Notice of

Proposed Rulemaking

Adopted: April 10, 1995.

Released: May 5, 1995.

1. The Commission initially proposed

the spectrum cap in the Further Notice

of Proposed Rulemaking, GN Docket No.

93–252, 59 Fed. Reg. 28,042 (May 31,

1994), in this proceeding. The

Commission framed the spectrum cap

issue in terms of CMRS spectrum, and

did not address the aggregation of PMRS

spectrum. On August 9, 1994, in the

Third Report and Order in this

proceeding, GN Docket No. 93–252, 59

Fed. Reg. 59945 (Nov. 21, 1994), the

Commission applied the spectrum cap

only to cellular, SMR, and broadband

PCS services. The cap only applied to

cellular, SMR, and broadband PCS

licensees whose activities are regulated

as CMRS.

2. The Commission notes in the Third

Further Notice of Proposed Rulemaking

that there is potential for a licensee to

reduce the number of competitors by

aggregating spectrum regardless of

whether the licensee is providing CMRS

or PMRS. Moreover, the services

provided by PMRS providers may well

be viewed as competitive alternatives to

CMRS by customers; thus, excluding

them from the cap could provide PMRS

providers with an unfair competitive

advantage over CMRS providers. In

addition, even if most cellular, SMR,

and broadband PCS providers provide

CMRS services, as is likely to be the

case, determining the precise amount of

CMRS spectrum that should be

attributed for spectrum cap purposes is

likely to be difficult, particularly in the

case of PCS, SMR, and possibly cellular

licensees who provide both CMRS and

PMRS offerings under a single

authorization.

3. For all of these reasons, the

Commission proposes that the 45 MHz

spectrum cap be revised to apply to

cellular, SMR, and broadband PCS

licensees regardless of regulatory

classification. The Commission believes

that such a revision will greatly simplify

the application of the cap and will

provide greater certainty regarding its

effect to cellular, SMR, and broadband

PCS applicants and licensees.

Initial Regulatory Flexibility Analysis

4. As required by Section 603 of the

Regulatory Flexibility Act, the

Commission has prepared an Initial

Regulatory Flexibility Analysis (IRFA)

of the expected impact on small entities

of the policies and rules proposed in

this Further Notice of Proposed

Rulemaking. Written public comments

are requested on the IRFA.

5. Reason for Action: This rule

making proceeding was initiated to

secure comment on proposals for

revising the 45 MHz spectrum cap for

cellular telephone service, SMR, and

PCS. The spectrum cap currently

applies to CMRS providers. The

Commission proposes to extend the cap

to all cellular, SMR, and broadband PCS

providers regardless of their regulatory

classification. The proposals advanced

in the Third Further Notice of Proposed

Rulemaking are designed to implement

Congress’s goal of regulatory symmetry

in the regulation of competing

commercial mobile radio services as

described in Section 3(n) and 332 of the

Communications Act, 47 U.S.C.

§§ 153(n), 332, as amended.

6. Objective: The Commission

proposed to adopt a rule for cellular,

SMR and PCS providers that is intended

to ensure regulatory symmetry in the

regulation of competing commercial

mobile radio services.

7. Legal Basis: The proposed action is

authorized under Sections 3(n), 4(i),

332(a), 332(c) and 332(d) of the

Communications Act of 1934, 47 U.S.C.

§§ 153(n), 154(i), 332(a), 332(c) and

332(d), as amended.

8. Reporting, Recordkeeping, and

Other Compliance Requirements: Under

the proposal contained in the Third

Further Notice of Proposed Rulemaking

there are no additional reporting or

recordkeeping requirements.

9. Federal Rules Which Overlap,

Duplicate or Conflict With These Rules:

None.

10. Description, Potential Impact, and

Number of Small Entities Involved: The

Third Further Notice of Proposed

Rulemaking does not potentially affect

small entities. After evaluating

comments filed in response to the Third

Further Notice of Proposed Rulemaking,

the Commission will examine further

the impact of all rule changes on small

entities and set forth its findings in the

Final Regulatory Flexibility Analysis.

11. IFRA Comments: The Commission

requests written public comment on the

foregoing Initial Regulatory Flexibility

Analysis. Comments must have a

separate and distinct heading

designating them as responses to IRFA

and must be filed by the deadlines

provided above.

Ex Parte Rules—Non-Restricted

Proceeding

12. 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 Commission rules. See

generally 47 C.F.R. Sections 1.1202,

1.1203, and 1.1206(a).

List of Subjects in 47 CFR Part 20

Commercial mobile radio services.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–12299 Filed 5–18–95; 8:45 am]

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Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Proposed Rules 26863

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 424

[I.D. 050895C]

Endangered and Threatened Species;

Notice of Public Hearing On Proposed

Status for the Klamath Mountains

Province Steelhead

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public hearings;

request for public comments and

extension of the public comment period.

SUMMARY: NMFS is announcing dates

and locations for public meetings

concerning the proposed listing of

natural steelhead (Oncorhynchus

mykiss) populations occurring between

Cape Blanco, OR, and the Klamath River

Basin, CA (referred to as the Klamath

Mountains Province), as threatened

under the Endangered Species Act

(ESA). Hearings on the proposed listing

will provide the opportunity for the

public to give comments and will

permit an exchange of information and

opinion among interested parties. In

addition, this notice serves to extend the

public comment period an additional 60

days until July 14, 1995.

DATES: The hearings on the proposed

listing will be held as follows:

1. June 21, 1995, 6:30 p.m. to 9:30

p.m., Medford, OR

2. June 22, 1995, 6:30 p.m. to 9:30

p.m., Gold Beach, OR

3. June 27, 1995, 7:00 p.m. to 9:30

p.m., Crescent City, CA

ADDRESSES: Send written comments to

Garth Griffin, Environmental and

Technical Services Division, NMFS,

Northwest Region, 525 NE Oregon St,

Suite 500, Portland, OR 97232–2737.

The hearings on the proposed listing

will be held at the following locations:

1. Medford—Medford City Hall—City

Council Chambers, 411 W. 8th Street,

Medford, OR

2. Gold Beach—Gold Beach City

Hall—City Council Chambers, 510 S.

Ellensburg Avenue, Gold Beach, OR

3. Crescent City—Crescent City

Community Cultural Center—Atrium

Room, 1001 Front Street, Crescent City,

CA

FOR FURTHER INFORMATION CONTACT:

Garth Griffin; 503–231–2005; R. Craig

Wingert, 310–980–4021; or Marta

Nammack, 301–713–2322.

SUPPLEMENTARY INFORMATION: On March

16, 1995, NMFS issued a proposed rule

(60 FR 14253) to list natural steelhead

(Oncorhynchus mykiss) populations

occurring between Cape Blanco, OR,

and the Klamath River Basin, CA, as

threatened under the ESA. The

Department of Commerce’s ESA

implementing regulations state that the

Secretary of Commerce shall promptly

hold at least one public hearing if any

person so requests within 45 days of

publication of a proposed regulation to

list...a species (50 CFR 424.16 (c)(3)).

The public will have an opportunity

to provide oral or written testimony at

the public hearings. Written comments

on the proposed rule may also be sent

to Garth Griffin (see ADDRESSES). These

hearings are physically accessible to

people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to

Garth Griffin (see ADDRESSES).

Dated: May 16, 1995.

Russell J. Bellmer,

Chief, Endangered Species Division, Office

of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 95–12391 Filed 5–18–95; 8:45 am]

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