Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Rules and Regulations 3557

stay. First, without prejudging a

separate petition for reconsideration

filed by TIA, the Commission concludes

that TIA has not shown that the petition

is likely to prevail on the merits. In

particular, TIA’s argument that the

Commission should adopt anti-fraud

rules based on authentication

procedures does not require

abandonment of ESN protection rules;

instead, if TIA’s alternative

methodology proves effective, it offers a

potentially complementary level of

protection against fraud rather than a

substitute for ESN regulation.

10. Second, the Commission is not

persuaded that either manufacturers or

cellular customers will be irreparably

harmed if the stay motion is not granted.

The new ESN rule applies only to new

equipment receiving type acceptance

after January 1, 1995. Thus,

manufacturers may continue to produce

equipment under previous typeacceptances without being required to

install hardened ESNs. Finally, the cost

of allowing ESN ‘‘cloning’’ to go

virtually unchecked is far greater than

the cost of implementing the new rule.

The Commission therefore concludes

that TIA’s motion for stay should be

denied.

Ordering Clauses

11. Accordingly, it is ordered that the

effective date of new Section 22.541 of

our Rules, the application of new

Section 22.131 of our Rules insofar as it

applies to 931 MHz paging applications,

and the 60-day amendment procedure

for all pending 931 MHz paging

applications described in paragraph 98

of the Part 22 Order are stayed, effective

as of the adoption date of this Order,

until further notice.

12. It is further ordered That action on

the Petition for Partial Stay filed by the

Personal Communications Industry

Association on December 19, 1994, with

respect to implementation of new 931

MHz processing rules is deferred until

future notice.

13. It is further ordered That the

effective date of the policy prohibiting

two licensees from sharing a single

transmitter, as described in paragraph

71 of the Part 22 Order, is stayed,

effective as of the adoption date of this

order, until further notice.

14. It is further ordered That the

Motion for Stay filed by the Mobile and

Personal Communications 800 Section

of the Telecommunications Industry

Association on December 19, 1994, is

denied.

List of Subjects in 47 CFR Part 22

Communications common carriers,

Radio, Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

For the reasons set forth in the

preamble, 47 CFR part 22 is amended as

follows:

PART 22—PUBLIC MOBILE SERVICES

1. The authority citation for part 22

continues to read as follows:

Authority: 47 U.S.C. 154, 303, unless

otherwise noted.

2. Section 22.541 is stayed until

further notice.

[FR Doc. 95–1218 Filed 1–13–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 73

[MM Docket No. 92–148; RM–8022]

Radio Broadcasting Services; Ludlow,

CA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

261B1 to Ludlow, California, as that

community’s second local FM broadcast

service, in response to a petition for rule

making filed on behalf of Miracle

Broadcasting. See 57 FR 31996, July 20,

1992. Coordinates used for Channel

261B1 at Ludlow are 34–47–31 and

116–03–56. Ludlow is located within

320 kilometers (199 miles) of the

Mexican border, and therefore,

concurrence of the Mexican government

to this proposal was obtained. With this

action, the proceeding is terminated.

DATES: Effective date:

February 27, 1995. The window

period for filing applications on

Channel 261B1 at Ludlow, California,

will open on February 27, 1995, and

close on March 30, 1995.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

634–6530. Questions related to the

window application filing process for

Channel 261B1 at Ludlow, California,

should be addressed to the Audio

Services Division, FM Branch, (202)

418–2700.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 92–148,

adopted January 4, 1995, and released

January 12, 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, located at

1919 M Street, NW, Room 246, or 2100

M Street, NW, Suite 140, Washington,

D.C. 20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under California, is

amended by adding Channel 261B1 at

Ludlow.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–1155 Filed 1–17–95; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AC23

Endangered and Threatened Wildlife

and Plants; Gymnoderma Lineare

(Rock Gnome Lichen) Determined To

Be Endangered

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) determines the lichen

Gymnoderma lineare (rock gnome

lichen) to be an endangered species

under the authority of the Endangered

Species Act of 1973, as amended (Act).

This lichen, which is limited to 25

populations in North Carolina and 7

populations in Tennessee, is threatened

by collection, logging, and habitat

disturbance due to heavy use by hikers

and climbers. It is also indirectly

threatened by exotic insect pests and

possibly air pollution, which are

contributing to the demise of the Fraser

fir forests at higher elevations in the