Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations 22449

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA No. 01–1018; MM Docket No. 92–214;

RM–8062, 8144, 8145, 8146 & 8147]

Radio Broadcasting Services;

Columbia, Bourbon, Leasburg, Gerald,

Dixon and Cuba, MO

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petition for

reconsideration.

SUMMARY: This document takes action

on two separately filed petitions for

reconsideration of the Report and Order

in MM Docket No. 92–214. See 60 FR

62219, published December 5, 1995.

The Commission dismissed as moot the

petition for reconsideration filed by

Lake Broadcasting, Inc., licensee of

Station KBMX(FM), Channel 270A,

Eldon, Missouri, and permittee for

Station KFXE(FM), Channel 271A,

Cuba, Missouri. The Commission

dismissed Lake’s petition for

reconsideration following the denial of

certiorari by the U.S. Supreme Court in

Lake’s appeal of the revocation of its

licenses and construction permits. See

Contemporary Media, Inc., et al., v.

Federal Communications Commission,

214 F.3d 187 (D.C. Cir 2000), cert.

denied, 532 U.S. lll (2001). Michael

Rice, Lake’s sole owner and president,

had been convicted of the felonies of

deviate sexual conduct and sodomy of

minors. Lake and other licensees owned

or controlled by Rice also made

repeated misrepresentations to the

Commission as to Rice’s continued

involvement with their stations.

The Commission also denies the

petition for reconsideration filed by

Central Missouri Broadcasting, Inc.

Central Missouri failed to provide

information demonstrating that the

allotment of Channel 221A at Dixon,

Missouri, was an unusable channel or

that the public interest would be better

served by the allotment of Channel

243A in lieu of Channel 221A at Dixon.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s

Memorandum Opinion and Order, MM

Docket No. 92–214, adopted April 16,

2001, and released April 20, 2001. The

full text of this Commission decision is

available for inspection and copying

during normal business hours in the

Commission’s Reference Center, 445

12th Street, SW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Services, Inc., 1231 20th

Street, NW., Washington, DC 20036,

(202) 857–3800, facsimile (202) 857–

3805.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–11177 Filed 5–3–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1017; MM Docket No. 91–352; RM–

7866]

Radio Broadcasting Services; Ava,

Branson and Mountain Grove, MO

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petition for

reconsideration.

SUMMARY: The Commission dismissed as

moot the petition for reconsideration

filed by Lake Broadcasting, Inc.,

licensee of Station KBMX(FM), Channel

270A, Eldon, Missouri, and permittee

for Station KFXE(FM), Channel 271A,

Cuba, Missouri. Lake has requested

reconsideration of the Report and Order,

60 FR 62220, published December 5,

1995. The Commission dismissed Lake’s

petition for reconsideration following

the denial of certiorari by the U.S.

Supreme Court in Lake’s appeal of the

revocation of its licenses and

construction permits. See Contemporary

Media, Inc., et al., v. Federal

Communications Commission, 214 F.3d

187 (D.C. Cir 2000), cert. denied, 532

U.S. lll (2001). Michael Rice, Lake’s

sole owner and president, had been

convicted of the felonies of deviate

sexual conduct and sodomy of minors.

Lake and other licensees owned or

controlled by Rice also made repeated

misrepresentations to the Commission

as to Rice’s continued involvement with

their stations. With this action, the

proceeding is terminated.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s

Memorandum Opinion and Order, MM

Docket No. 91–352, adopted April 16,

2001, and released April 20, 2001. The

full text of this Commission decision is

available for inspection and copying

during normal business hours in the

Commission’s Reference Center, 445

12th Street, SW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Services, Inc., 1231 20th

Street, NW., Washington, DC. 20036,

(202) 857–3800, facsimile (202) 857–

3805.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–11175 Filed 5–3–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–968, MM Docket No. 00–134; RM–

9922, RM–10023]

Radio Broadcasting Services; Brighton

and Stowe, VT

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: At the request of Linda A.

Davidson, this document allots Channel

295A to Brighton, Vermont. This

document also denies a counterproposal

filed by Radio Vermont Classics, L.L.C.

to upgrade Station WCVT, Channel

269A, Stowe, Vermont, to specify

operation on Channel 269C3. See 65 FR

51575, published August 24, 2000. The

reference coordinates for the Channel

295A allotment at Brighton, Vermont,

are 44–49–44 and 71–54–45. Canadian

concurrence in the allotment of this

channel has been requested but not yet

received. Therefore, if a construction

permit is issued , it may be conditioned

on concurrence from the Canadian

government. A filing window for the

Channel 295A allotment at Brighton,

Vermont, will not be opened at this

time. Instead, the issue of opening this

allotment for auction will be addressed

by the Commission in a subsequent

Order. With this action, the proceeding

is terminated.

DATES: Effective June 5, 2001.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau,

(202) 418–2177.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order in MM Docket No. 00–134,

adopted April 11, 2001, and released

April 20, 2001. The full text of this

decision is available for inspection and

copying during normal business hours

in the FCC’s Reference Information

22450 Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations

Center at Portals II, CY–A257, 445 12th

Street, SW, Washington, D.C. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., (202) 857–

3800, 1231 20th Street, NW,

Washington, D.C. 20036.

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—RADIO BROADCAST

SERVICES

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

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

Allotments under Vermont, is amended

by adding Brighton, Channel 295A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch Policy and Rules

Division Mass Media Bureau.

[FR Doc. 01–11170 Filed 5–3–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1065; MM Docket No. 00–123, RM

9903]

Radio Broadcasting Services; Rincon,

PR.

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document denies a

Petition for Reconsideration filed by

Jose J. Arzuaga, Jr., d/b/a Ocean

Communications directed to the Report

and Order in this proceeding which

denied a proposal for a Channel 300B

allotment at Rincon, Puerto Rico. See 66

FR 10658, February 16, 2001. With this

action, the proceeding is terminated.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau (202)

418–2177.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order in

MM Docket No. 00–123, adopted April

18, 2001, and released April 24, 2001.

The full text of this decision is available

for inspection and copying during

normal business hours in the FCC

Reference Information Center at Portals

ll, CY–A257, 445 12th Street, SW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., (202) 857–3805, 1231 M Street,

NW., Washington, DC 20036.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–11171 Filed 5–3–01; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1016; MM Docket No. 90–195, RM–

7152]

Radio Broadcasting Services;

Brookline, Missouri

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petition for

reconsideration.

SUMMARY: This document dismisses as

moot a Petition for Reconsideration filed

by Lake Broadcasting, licensee of

Station KBMX(FM), Channel 270A,

Eldon, Missouri and permittee of

Station KFXE(FM), Channel 271A, Cuba

Missouri, of the Report and Order in

this proceeding, which allotted Channel

271 at Brookline, Missouri, as a first

local service. See 60 FR 62219

published December 5, 1995. Lake had

argued that the Brookline allotment

prejudices Lake’s reconsideration

petition in MM Docket 89–120 for an

upgrade of its Eldon station, but the staff

ruled that the Brookline petition was

moot in view of the Commission’s

revocation of Lake’s license for its Eldon

and other stations, the affirmance by the

U.S. Court of Appeals for the DC Circuit,

and the denial of certirorari by the U.S.

Supreme Court and in view of the

Commission’s dismissal of Lake’s

reconsideration petition in MM Docket

89–120. This document also denies

Lake’s motion to set aside the Report

and Order, holding that the Brookline

allotment is valid even though the

original rulemaking proponent did not

file an application for the allotment

because four other parties did file

applications. With this action, the

proceeding is terminated.

FOR FURTHER INFORMATION CONTACT:

Andrew Rhodes, Mass Media Bureau

(202) 418–2120.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order in

MM Docket No. 90–195, adopted April

11, 2001, and released April 20, 2001.

The full text of this decision is available

for inspection and copying during

normal business hours in the FCC

Reference Information Center at Portals

ll, CY–A257, 445 12th Street, SW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., (202) 857–3805, 1231 M Street,

NW., Washington, DC 20036.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–11176 Filed 5–3–01; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 216

[Docket No. 000218048–1095–03; I.D.

013100A]

RIN 0648–AN59

Taking and Importing Marine

Mammals; Taking Marine Mammals

Incidental to Naval Activities

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS, upon application from

the U.S. Navy is issuing regulations to

govern the unintentional take of a small

number of marine mammals incidental

to shock testing the USS WINSTON S.

CHURCHILL (DDG-81) in the offshore

waters of the Atlantic Ocean off

Mayport, FL. Issuance of regulations

governing unintentional incidental takes

of marine mammals in connection with

particular activities is required by the

Marine Mammal Protection Act

(MMPA) when the Secretary of

Commerce (Secretary), after notice and

opportunity for comment, finds, as here,

that such takes will have a negligible

impact on the species and stocks of

marine mammals and will not have an

unmitigable adverse impact on the

availability of them for subsistence uses.

These regulations do not authorize the

Navy activity as such authorization is

not within the jurisdiction of the

Secretary. Rather, these regulations