Federal Register / Vol. 66, No. 106 / Friday, June 1, 2001 / Rules and Regulations 29723

downloaded at http://www.fcc.gov/

Bureaus/Wireless/Orders/2001/FCC–01–

151A1.doc.

Synopsis of Order on Reconsideration

1. This Order on Reconsideration

(Order) denies two petitions for

reconsideration of the Report and Order

in this proceeding (65 FR 59350,

October 5, 2000) regarding licensing the

24 GHz band by 176 EAs. In the Report

and Order, the Commission decided to

license the 24 GHz band by EAs because

EAs not only offer economies of scale,

but also serve the needs of a wider range

of entities, including both large and

small service providers. Also, the

Commission decided to adopt a threetiered approach to bidding credits,

under which very small businesses

receive a 35 percent bidding credit,

small businesses a 25 percent bidding

credit, and entrepreneurs a 15 percent

bidding credit.

2. The Rural Telecommunications

Group (RTG) and the Office of Advocacy

of the Small Business Administration

(SBA) filed petitions for reconsideration

objecting to licensing the 24 GHz band

by EA. SBA and RTG maintained that

EAs are too large and, therefore

unaffordable, for either small businesses

or rural telephone companies to

participate at auction. Both RTG and

SBA recommend that the Commission

instead license the 24 GHz band by

MSA and RSA, which are smaller than

EAs and would result in licensing rural

areas separately from urban areas. In

contrast, EAs encompass both urban and

rural areas.

3. Contrary to the position of RTG and

SBA on this issue, the Commission

believes, based on its experience with

the 39 GHz auction, that licensing the

24 GHz band by EAs will not discourage

small businesses from participating at

the 24 GHz auction. The 39 GHz auction

used EA-based service areas. In that

auction, small and very small

businesses successfully bid for 849

licenses, or almost 40 percent of the

licenses sold. In the 24 GHz auction,

bidding credits will be made available

to small businesses. Moreover, rural

telephone companies were successful at

the 39 GHz auction. All six qualified

bidders that identified themselves in

their short-form applications as rural

telephone companies were successful in

winning licenses, for a total of 52

licenses. We conclude that licensing the

24 GHz band by EA will not discourage

either small businesses or rural

telephone companies from participating

in the 24 GHz auction.

4. RTG and SBA maintain that the

Commission’s reliance on post-auction

partitioning and disaggregation is

misplaced and unworkable because of

the costs involved and the reluctance of

license holders to carve out portions of

their licenses for rural carriers. The

Commission notes that none of their

comments specifically relate to the 24

GHz band. Thus, the Commission

concludes that it is more appropriate to

address SBA’s and RTG’s concerns in

the context of the Secondary Markets

proceeding, initiated by our Notice of

Proposed Rulemaking (65 FR 81475,

December 26, 2000) seeking comment

on possible changes to our rules and

policies allowing greater flexibility

through ‘‘spectrum leasing.’’

5. RTG maintains that licensing by EA

would guarantee that rural areas of the

country would not see the benefits of 24

GHz service because licensees would be

able to meet the substantial service

standard by serving the urban area

within the EA. Instead of the substantial

service standard, RTG recommends that

the Commission require licensees to

provide service to one-third of the

population within five years and twothirds of the population within ten

years. In the alternative, RTG

recommends the Commission adopt a

fill-in policy in which, at the time of

renewal, any party can apply for and

provide service to any area in which the

original licensee is not providing

service. The Commission has already

considered and rejected using minimum

coverage requirements to establish

substantial service, and RTG has

reiterated the position it took earlier in

the proceeding at the Notice of Proposed

Rulemaking stage without presenting

any new information on this issue.

Consequently, the Commission affirms

its prior decision in the Report and

Order that the substantial service

standard, in lieu of specific service

requirements, best serves the public

interest. The Commission concludes

that this approach is consistent with the

approach used in other wireless services

and is sufficiently flexible to foster

expeditious development and

deployment of systems.

6. With regard to providing service to

rural areas, the Commission recognizes

that section 309(j)(4)(B) of the

Telecommunications Act of 1934, as

amended, stresses the need for the

Commission to encourage the rapid

deployment of services to rural areas

and to promulgate performance

requirements that ensure prompt

delivery of service to rural areas. In

addition, the Commission notes that the

statute includes ‘‘rural telephone

companies’’ among the wide variety of

applicants to which the Commission is

to disseminate licenses. The

Commission continues to believe,

however, that licensing the 24 GHz band

by EAs strikes the best balance among

its various policy objectives for the 24

GHz band. The Commission believes

that by adopting EA licenses for the 24

GHz band, it has achieved a means of

providing service to rural areas while

ensuring that the 24 GHz spectrum is

put to the highest and best use.

Ordering Clauses

7. Accordingly, It is Ordered that

pursuant to section 4(i) and 405 of the

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

154(i), 405, and § 1.429 of the

Commission’s rules, 47 CFR 1.429, the

Petitions for Reconsideration filed by

the Office of Advocacy of the Small

Business Administration and the Rural

Telecommunications Group are denied.

8. It is Further Ordered, pursuant to

section 4(i) of the Communications Act

of 1934, 47 U.S.C. 154(i), that the

Commission’s Consumer Information

Bureau, Reference Information Center,

Shall Send a copy of the Order on

Reconsideration to the Chief Counsel for

Advocacy of the Small Business

Administration.

9. It is Further Ordered that this

proceeding Is Terminated.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 01–13717 Filed 5–31–01; 8:45 am]

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FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1271, MM Docket No. 01–53, RM–

10040]

Television Broadcast Service;

Galesburg, IL

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Northwest Television, Inc.,

substitutes TV channel 53 for TV

channel 67 at Galesburg, Illinois. See 66

FR 12922, March 1, 2001. TV channel

53 can be allotted to Galesburg with a

zero offset in compliance with the

principle community coverage

requirements of Section 73.610 and with

the criteria set forth in the

Commission’s Public Notice released on

November 22, 1999, DA 99–2605. The

coordinates for channel 53 at Galesburg

are (41–18–45 N and 90–22–45 W.

With this action, this proceeding is

terminated.

DATES: Effective July 9, 2001.

29724 Federal Register / Vol. 66, No. 106 / Friday, June 1, 2001 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 01–53,

adopted May 24, 2001, and released

May 25, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center 445 12th Street, SW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Television 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, 334, 336.

§ 73.606 [Amended]

2. Section 73.606(b), the Table of

Television Allotments under Illinois, is

amended by removing TV channel 67

and adding TV channel 53 at Galesburg.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 01–13713 Filed 5–31–01; 8:45 am]

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FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1262, MM Docket No. 01–51, RM–

10007]

Digital Television Broadcast Service;

Lima, OH

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Lima Communications

Corporation, licensee of station

WLIO(TV), substitutes DTV channel 8

for DTV channel 20 at Lima, Ohio. See

66 FR 12749, February 28, 2001. DTV

channel 8 can be allotted to Lima in

compliance with the principle

community coverage requirements of

section 73.625(a) at reference

coordinates (40–44–54 N. and 84–07–55

W.) with a power of 30.0, HAAT of 165

meters and with a DTV service

population of 958 thousand. Since the

community of Lima is located within

400 kilometers of the U.S.-Canadian

border, concurrence by the Canadian

government has been obtained for this

allotment. With this action, this

proceeding is terminated.

DATES: Effective July 9, 2001.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 01–51,

adopted May 23, 2001, and released

May 25, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center, 445 12th Street, SW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Television, Digital television

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, 334, 336.

§ 73.622 [Amended]

2. Section 73.622(b), the Table of

Digital Television Allotments under

Ohio, is amended by removing DTV

channel 20 and adding DTV channel 8

at Lima.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 01–13712 Filed 5–31–01; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1261, MM Docket No. 01–50, RM–

10059]

Digital Television Broadcast Service;

Little Rock, AR

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Arkansas Educational

Television Commission, licensee of

noncommercial educational station

KETS(TV), substitutes DTV channel *5

for DTV channel *47 at Little Rock,

Arkansas. See 66 FR 12750, February

28, 2001. DTV channel *5 can be

allotted to Little Rock in compliance

with the principle community coverage

requirements of Section 73.625(a) at

reference coordinates (34–28–23 N. and

92–12–11 W.) with a power of 2.1,

HAAT of 540.1 meters and with a DTV

service population of 848 thousand.

With this action, this proceeding is

terminated.

DATES: Effective July 9, 2001.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 01–50,

adopted May 23, 2001, and released

May 25, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center 445 12th Street, SW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Television, Digital television

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, 334, 336.

§ 73.622 [Amended]

2. Section 73.622(b), the Table of

Digital Television Allotments under

Arkansas, is amended by removing DTV

channel *47 and adding DTV channel

*5 at Little Rock.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 01–13711 Filed 5–31–01; 8:45 am]

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