31596 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Proposed Rules

from the cellular system. The SID of a

cellular system is also programmed into

the cellular telephones that are

subscribed to that system. A cellular

telephone transmits the programmed

SID (among other numbers) when

seeking service from a cellular system,

enabling that system to determine

whether the telephone is one of its

subscribers or a roamer; and if a roamer,

what the home system of that cellular

telephone is. SIDs are also used for

various billing purposes.

(a) Each cellular system must have at

least one SID that is associated uniquely

with it. Cellular system licensees must

coordinate the usage of SIDs to ensure

that this requirement is met.

(b) Cellular systems may transmit

only their SID(s) or the SID(s) of other

cellular systems. A cellular system may

transmit the SID(s) of another cellular

system only if the licensee of that

system concurs with such use of its SID.

14. § 22.943 is amended by revising it

to read as follows:

§ 22.943 Limitations on transfer of control

and assignment for authorizations issued

as a result of a comparative renewal

proceeding.

Except as otherwise provided in this

section, the FCC does not accept

applications for consent to transfer of

control or for assignment of the

authorization of a cellular system that

has been acquired by the current

licensee for the first time as a result of

a comparative renewal proceeding until

the system has provided service to

subscribers for at least three years.

(a) The FCC may accept and grant

applications for consent to transfer of

control or for assignment of the

authorization of a cellular system that is

to be transferred as a part of a bona fide

sale of an on-going business to which

the cellular operation is incidental.

(b) The FCC may accept and grant

applications for consent to transfer of

control or for assignment of the

authorization of a cellular system that is

to be transferred as a result of the death

of the licensee.

(c) The FCC may accept and grant

applications for consent to transfer of

control or for assignment of

authorization if the transfer or

assignment is pro forma and does not

involve a change in ownership.

§ 22.945 [Removed]

15. Section 22.945 is removed.

16. Section 22.946 is amended by

revising it to read as follows:

§ 22.946 Service commencement and

construction periods for cellular systems.

This section specifies the service

commencement and construction

requirements for cellular systems.

Related rule provisions and notification

requirements are contained in § 1.946 of

this chapter.

(a) Commencement of service. Each

new cellular system licensed in markets

91–306 must be partially constructed

and begin providing service to

subscribers within 18 months. All other

cellular systems must be at least

partially constructed and begin

providing service to subscribers within

12 months, beginning on the date of

grant of the initial authorization. The

grant of any subsequent authorizations

(such as for major modifications) do not

extend this period. To satisfy this

requirement, a cellular system must be

interconnected with the public switched

telephone network (PSTN) and must be

providing service to mobile stations

operated by its subscribers and roamers.

A cellular system is considered to be

providing service only if mobile stations

can originate telephone calls to and

receive telephone calls from wireline

telephones through the PSTN.

Note to paragraph (a) of § 22.946: The first

cellular system authorized on each channel

block in markets 1 through 90, inclusive, was

allowed 36 months, rather than 12 months,

to commence providing service. The first

cellular system authorized on each channel

block in markets other than markets 1

through 90, inclusive, was allowed 18

months, rather than 12 months, to commence

providing service. These longer startup

periods that were afforded to first-authorized

cellular systems have all elapsed.

(b) Construction period for specific

facilities. The construction period

applicable to specific new or modified

cellular facilities for which a separate

authorization is granted is one year,

beginning on the date the authorization

is granted.

PART 24—PERSONAL

COMMUNICATIONS SERVICES

17. The authority citation for part 24

continues to read as follows:

Authority: 47 U.S.C. 154, 301, 302, 303,

309 and 332.

18. Section 24.238 is revised to read

as follows:

§ 24.238 Emission limitations for

Broadband PCS equipment.

The rules in this section govern the

spectral characteristics of emissions in

the Broadband Personal

Communications Service.

(a) Out of band emissions. The power

of any emission outside of the

authorized operating frequency ranges

must be attenuated below the

transmitting power (P) by a factor of at

least 43 + 10 log(P) dB.

(b) Measurement procedure.

Compliance with the limitation in

paragraph (a) of this section is based on

the use of measurement instrumentation

employing a resolution bandwidth of 1

MHz or more. However, for

measurements within 1 MHz of the

center of the main emission bandwidth,

a resolution bandwidth of not less than

1% of the main emission bandwidth

may be employed. For the purpose of

this section, the main emission

bandwidth is the continuous width of

the signal outside of which all

emissions are attenuated by at least 26

dB below the transmitting power. Either

peak or average measurements can be

used, provided that both the emissions

and the reference transmitter power are

measured the same way. When

measuring emissions, the transmitter

must be set to operate as close to each

of the upper and lower frequency block

edges as the design permits for normal

operation.

(c) Alternative out of band emission

limit. Licensees in this service may

establish an alternative out of band

emission limit to be used at specified

band edge(s) in specified geographical

areas, in lieu of that set forth in this

section, pursuant to a private

contractual arrangement of all affected

licensees and applicants. In this event,

each party to such contract shall

maintain a copy of the contract in their

station files and disclose it to

prospective assignees or transferees and,

upon request, to the FCC.

(d) Interference caused by out of band

emissions. If any emission from a

transmitter operating in this service

results in interference to users of

another radio service, the FCC may

require a greater attenuation of that

emission than specified in this section.

[FR Doc. 01–14741 Filed 6–11–01; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1296; MM Docket No. 01–113; RM–

9655]

Radio Broadcasting Services; Big

Piney and LaBarge, Wyoming

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition for rule making

filed by Mount Rushmore Broadcasting,

Inc. (‘‘petitioner’’) requesting allotments

at Big Piney and LaBarge, Wyoming.

Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Proposed Rules 31597

Channel 224A can be allotted at Big

Piney without a site restriction and

Channel 231A can be allotted at La

Barge without a site restriction. The

coordinates for Channel 224A at Big

Piney are 42–32–24 NL and 110–06–42

WL. The coordinates for Channel 231A

at LaBarge are 42–15–42 NL and 110–

11–36 WL.

DATES: Comments must be filed on or

before July 16, 2001, and reply

comments on or before July 31, 2001.

ADDRESSES: Secretary, Federal

Communications Commission,

Washington, D.C. 20554. In addition to

filing comments with the FCC,

interested parties should serve the

petitioner, as follows: Thomas J. Hutton,

Holland and Knight, 2100 Pennsylvania

Ave., N.W., Washington, DC 20037–

5564 (Counsel to Petitioner).

FOR FURTHER INFORMATION CONTACT:

Victoria M. McCauley, Mass Media

Bureau, and (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

01–113 adopted May 16, 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 Information Center (Room

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) 857–3800, 1231 20th Street,

NW., Washington, DC 20036.

Petitioner originally requested the

allotment of Channel 259A at Big Piney,

Wyoming, and Channel 261A at La

Barge, Wyoming as a counterproposal to

MM Docket No. 99–56. Consistent with

the minimum distance separation

requirements of § 73.207(b) and the

principal community coverage

requirements of § 73.315(a) of the

Commission’s Rules, neither channel

can be allotted at the requested

community. We determined that

alternate channels could be allotted at

both communities.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding. Members of the public

should note that from the time a Notice

of Proposed Rule Making is issued until

the matter is no longer subject to

Commission consideration or court

review, all ex parte contacts are

prohibited in Commission proceedings,

such as this one, which involve channel

allotments. See 47 CFR 1.1204(b) for

rules governing permissible ex parte

contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

For the reasons discussed in the

preamble, the Federal Communications

Commission proposes to amend 47 CFR

part 73 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 and 336.

§ 73.202 [Amended]

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

Allotments under Wyoming, is amended

by adding Big Piney, Channel 224A and

LaBarge, Channel 231A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–14804 Filed 6–11–01; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1303; MM Docket No. 01–114, RM–

10128; MM Docket No. 01–115; RM–10129]

Radio Broadcasting Services;

Morgantown, KY; and Au Gres, MI

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document proposes two

allotments. The Commission requests

comments on a petition filed by Green

River Radio Company, proposing the

allotment of Channel 256A at

Morgantown, Kentucky, as the

community’s first local FM transmission

service. Channel 256A can be allotted to

Morgantown in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 11.9 kilometers (7.4 miles)

west to avoid short-spacings to the

licensed sites of Station WKNK(FM),

Channel 256A, Edmonton, Kentucky,

and Station WKDQ(FM), Channel 258C,

Henderson, Kentucky. The coordinates

for Channel 256A at Morgantown are

37–15–34 North Latitude 86–48–40. See

Supplementary Information, infra.

DATES: Comments must be filed on or

before July 16, 2001, and reply

comments on or before July 31, 2001.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, his counsel, or consultant, as

follows: Brian M. Madden, Esq.,

Leventhal, Senter & Lerman, P.L.L.C.,

2000 K Street, NW., Suite 600,

Washington, DC 20006–1809; and

Arthur V. Belendiuk, Esq., Smithwick &

Belendiuk, P.C., 5028 Wisconsin Ave.,

NW., Suite 301, Washington, DC 20016.

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

01–114 and MM Docket No. 01–115,

adopted May 16, 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

Information Center (Room 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) 857–3800, 1231 20th Street,

NW., Washington, DC 20036.

The Commission requests comments

on a petition filed by Au Gres

Broadcasting Company proposing the

allotment of Channel 295A at Au Gres,

Michigan, as the community’s first local

aural transmission service. Channel

295A can be allotted to Au Gres in

compliance with the Commission’s

minimum distance separation

requirements at city reference

coordinates. The coordinates for

Channel 295A at Au Gres are 44–02–55

North Latitude and 83–41–45 West

Longitude.

The Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding. Members of the public

should note that from the time a Notice

of Proposed Rule Making is issued until

the matter is no longer subject to

Commission consideration or court

review, all ex parte contacts are

prohibited in Commission proceedings,

such as this one, which involve channel

allotments. See 47 CFR 1.1204(b) for

rules governing permissible ex parte

contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

For the reasons discussed in the

preamble, the Federal Communications

Commission proposes to amend 47 CFR

Part 73 as follows: