Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Rules and Regulations 61747 

* * * * * 

[FR Doc. 05–21406 Filed 10–25–05; 8:45 am] 

BILLING CODE 6712–01–C 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 2 

[ET Docket No. 00–258; FCC 05–172] 

Advanced Wireless Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission requires Broadband Radio 

Service (BRS) licensees in the 2150–

2160/62 MHz band to provide 

information on the construction status 

and operational parameters of each 

incumbent BRS system that would be 

the subject of relocation. 

DATES: Effective October 26, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Priya Shrinivasan, Office of Engineering 

& Technology, (202) 418–7005. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order, ET 

Docket No. 00–258, FCC 05–172, 

adopted September 23, 2005, released 

September 29, 2005. The full text of this 

document is available on the 

Commission’s Internet site at http:// 

www.fcc.gov. It is also available for 

inspection and copying during regular 

business hours in the FCC Reference 

Center (Room CY–A257), 445 12th 

Street, SW., Washington, DC 20554. The 

full text of this document also may be 

purchased from the Commission’s 

duplication contractor, Best Copy and 

Printing Inc., Portals II, 445 12th St., 

SW., Room CY–B402, Washington, DC 

20554; telephone (202) 488–5300; fax 

(202) 488–5563; e-mail 

FCC@BCPIWEB.COM. 

Summary of the Order 

1. In order to assist the Commission 

in determining the scope of the new 

Advanced Wireless Services (AWS) 

entrants’ obligation to relocate certain 

incumbent licensees in the 2150–2162 

MHz band, the Commission will require 

Broadband Radio Service (BRS) 

licensees in the 2150–2160/62 MHz 

band to provide the information to the 

Commission within 60 days and 120 

days of the effective date of this Order 

(the filing dates will correspond to 

information collection requirements for 

the Commission’s Universal Licensing 

System). The Commission reallocated 

this spectrum for AWS by Report and 

Order, 68 FR 3455, January 24, 2003, 

and the accompanying Eighth Report 

and Order in ET Docket No. 00–258, 

FCC 05–172. Currently, neither the 

Commission nor the public has reliable 

information on the construction status 

and/or operational parameters of each 

BRS system in the 2150–2160/62 MHz 

band that would be subject to 

relocation. Pursuant to Section 4(i) of 

the Communications Act, 47 U.S.C. 

154(i), the Commission believes that 

reliable, public data on each incumbent 

system that would be subject to 

relocation is essential well in advance of 

the planned auction of the 2150–2155 

MHz band next year. It notes that the 

information required would ultimately 

be necessary in the context of relocation 

negotiations. Because the Commission 

now licenses the BRS service on the 

basis of geographic licensing areas, BRS 

licensees will be required to submit 

information on the locations and 

operating characteristics of BRS systems 

(e.g., the location of base or fixed 

stations by coordinates, tower heights, 

power levels, etc.) in the 2150–2160/62 

MHz band, on other system 

characteristics of BRS incumbents (e.g., 

subscriber numbers and types of 

equipment used), and on categories of 

services provided (e.g., one-way or twoway service, point-to-point or point-tomultipoint operations, data or analog 

video service). The Commission also 

will require BRS licensees to provide 

this information even if the spectrum is 

leased to third parties. Further, because 

the Commission proposes relocation on 

a link-by-link basis, BRS licensees will 

be required, as part of the information 

on system design in the band, to provide 

the number of links (including the 

connection between a base station and 

subscriber premises equipment) within 

the system for both point-to-point and 

point-to-multipoint systems. To the 

extent that a system uses both BRS 

channels 1 and 2 as part of the same 

service (e.g., as a link to a two-way data 

service), BRS licensees will be required 

to make special note of this when 

providing their system information. The 

Commission notes that this list is not 

inclusive. This information will be 

collected through the Commission’s 

Universal Licensing System (ULS) and 

made available to the public. To further 

this process, the Commission has 

delegated authority to the Office of 

Engineering and Technology and the 

Wireless Telecommunications Bureau to 

issue public notices setting forth the 

specific data required of BRS licensees, 

when it is to be filed and the procedures 

for filing this information. Finally, the 

Commission finds that there is good 

cause to make the requirement for BRS 

licensees to file information effective 

upon publication of the Order in the 

Federal Register. The Commission has 

provided BRS licensees with ample time 

to file the required information and the 

ability to use the ULS to submit the 

information easily. As noted, reliable 

data on each incumbent system that 

would be subject to relocation is 

essential well in advance of the planned 

auction of the 2150–2155 MHz band 

next year. 

2. Pursuant to Section 4(i) of the 

Communications Act, as amended, 47 

U.S.C. 154(i), this Order is adopted, 

October 26, 2005. The Order contains 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13, that 

are not effective until approved by the 

Office of Management and Budget 

(OMB). 

3. Pursuant to Section 5(c) of the 

Communications Act, as amended, 47 

U.S.C. 155(c), the Office of Engineering 

and Technology and the Wireless 

Telecommunications Bureau Are 

Granted Delegated Authority to 

implement the requirement set forth in 

this Order. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 05–21408 Filed 10–25–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CC Docket No. 98–170 and CG Docket No. 

04–208; FCC 05–55] 

Truth-in-Billing and Billing Format; 

National Association of State Utility 

Consumer Advocates’ Petition for 

Declaratory Ruling Regarding Truth-inBilling 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved for three years the information 

collections contained in the Truth-inBilling and Billing Format; National 

Association of State Utility Consumer 

Advocates’ Petition for Declaratory 

Ruling Regarding Truth-in-Billing, 

Second Report and Order, Declaratory 

Ruling, and Second Further Notice of 

Proposed Rulemaking (Second Report 

and Order). The information collections 

contained in the Second Report and 

61748 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Rules and Regulations 

Order, were approved by OMB on 

September 15, 2005. The Second Report 

and Order states that the Commission 

will publish a document in the Federal 

Register announcing the effective date 

of this rule. 

DATES: 47 CFR 64.2400(b) published at 

70 FR 29979 (May 25, 2005) is effective 

October 26, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Richard Smith, Policy Division, 

Consumer & Governmental Affairs 

Bureau at (202) 418–2512. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on 

September 15, 2005, OMB approved for 

three years the information collections 

contained in 47 CFR 64.2400(b), 

published at 70 FR 29979 (May 25, 

2005). The OMB Control Number is 

3060–0854. The Commission publishes 

this notice of the effective date of the 

rule. If you have any comments on the 

burden estimates listed below, or how 

the Commission can improve the 

collections and reduce any burdens 

caused thereby, please write to Leslie F. 

Smith, Federal Communications 

Commission, Room 1–A804, 445 12th 

Street, SW., Washington, DC 20554. 

Please include the OMB Control 

Number, 3060–0854, in your 

correspondence. The Commission will 

also accept your comments via the 

Internet if you send them to 

Leslie.Smith@fcc.gov, or you may call 

(202) 418–0217. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received approval from OMB on 

September 15, 2005, for the collections 

of information contained in 47 CFR 

64.2400(b). The total annual reporting 

burden associated with this collection of 

information, including the time for 

gathering and maintaining the 

collections of information, is estimated 

to be: 5,309 respondents, a total annual 

hourly burden of 4,636,942 hours, and 

$15,418,000 in total annual costs. Under 

5 CFR 1320, an agency may not conduct 

or sponsor a collection of information 

unless it displays a current, valid OMB 

Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a valid OMB Control Number. 

The foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Public Law 104–13, October 1, 1995, 44 

U.S.C. 3507. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 05–21295 Filed 10–25–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2657, MB Docket No. 03–156, RM–

10721] 

Digital Television Broadcast Service; 

Laredo, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission, at the 

request of Eagle Creek Broadcasting of 

Laredo, LLC, substitutes DTV channel 

31 for KVTV’s assigned DTV channel 

14. See 68 FR 42662 (July 18, 2003). 

DTV channel 31 can be allotted to 

Laredo, Texas, in compliance with the 

principle community coverage 

requirements of Section 73.625(a) at 

reference coordinates 27–31–19 N. and 

99–31–19 W. with a power of 200, 

HAAT of 262 meters and with a DTV 

service population of 140 thousand. 

Since the community of Laredo is 

located within 275 kilometers of the 

U.S.-Mexico border, concurrence from 

the Mexican government has been 

obtained for this allotment. With this 

action, this proceeding is terminated. 

DATES: Effective November 25, 2005. 

FOR FURTHER INFORMATION CONTACT: Pam 

Blumenthal, Media Bureau, (202) 418–

1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 03–156, 

adopted October 4, 2005, and released 

October 11, 2005. The full text of this 

document is available for public 

inspection and copying during regular 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC. This document may 

also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 301–

816–2820, facsimile 301–816–0169, or 

via-e-mail joshir@erols.com. 

This document does not contain [new 

or modified] information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. In addition, therefore, it 

does not contain any new or modified 

‘‘information collection burden for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

The Commission will send a copy of 

this Report & Order in a report to 

Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Digital television broadcasting, 

Television. 

■ 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 and 336. 

§ 73.622 [Amended] 

■ 2. Section 73.622(b), the Table of 

Digital Television Allotments under 

Texas, is amended by removing DTV 

channel 14 and adding DTV channel 31 

at Laredo. 

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau. 

[FR Doc. 05–21296 Filed 10–25–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2659; MB Docket No. 04–376; RM–

11039] 

Radio Broadcasting Services; Haven 

and Hutchinson, KS 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Audio Division, at the 

request of Ad Astra per Aspera 

Broadcasting, Inc., reallots Channel 

246C2 from Hutchinson to Haven, 

Kansas, and modifies Station 

KSKU(FM)’s license accordingly. See 69 

FR 60344, October 8, 2004. Channel 

246C2 can be allotted to Haven in 

compliance with the Commission’s 

minimum distance separation