64348 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[ET Docket No. 94–32; FCC 95–454]

In-Flight Phone Corporation’s

Pioneer’s Preference Request

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: By this Third Report and

Order (Third R&O), the Commission

denies In-Flight Phone Corporation’s

(In-Flight’s) request for a pioneer’s

preference in the General Wireless

Communications Service (GWCS) at

4660–4685 MHz. The Commission finds

that the GWCS service rules are not a

reasonable outgrowth of In-Flight’s

ground-to-air programming service

proposal, that In-Flight failed to

demonstrate the technical feasibility of

its proposal in the 4660–4685 MHz

band, and that In-Flight’s proposed

ground-to-air programming service is

not sufficiently innovative to warrant a

preference in any band. This action is

intended to affirm the Commission’s

policy of awarding pioneer’s preferences

only for innovations of some

significance.

EFFECTIVE DATE: December 15, 1995.

FOR FURTHER INFORMATION CONTACT: Tom

Derenge, (202) 418–2451 or Rodney

Small, (202) 418–2452, Office of

Engineering and Technology, Federal

Communications Commission,

Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Third

R&O adopted November 1, 1995, and

released December 5, 1995. This action

will not add to or decrease the public

reporting burden. The full text of the

Commission decision is available for

inspection and copying during regular

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW,

Washington, DC. The complete text of

this decision also may be purchased

from the Commission’s duplication

contractor, International Transcription

Services, Inc., (202) 857–3800, 2100 M

Street NW., Suite 140, Washington, DC

20037.

Summary of Third R&O

1. In-Flight originally filed its

pioneer’s preference request in the

narrowband Personal Communications

Services proceeding, ET Docket No. 92–

100. It sought a preference in the 901–

902 MHz and 940–941 MHz bands for

a live ground-to-air audio news,

information, and entertainment

programming service for airline

passengers. However, because the rules

adopted in Docket 92–100 were not

related to In-Flight’s proposal, no action

was taken on its pioneer’s preference

request.

2. In February 1995, the Commission

adopted a First Report and Order and

Second Notice of Proposed Rulemaking

in Docket 94–32, 60 FR 13102 (March

10, 1995), reallocating 50 megahertz of

Federal Government spectrum at 2390–

2400, 2402–2417, and 4660–4685 MHz

to non-Government use; and proposing

that the 4660–4685 MHz band be used

by the General Wireless

Communications Service (GWCS).

3. In March 1995, In-Flight filed a

Petition for Declaratory Ruling,

requesting that its pending pioneer’s

preference request be considered in the

GWCS. In-Flight also stated that it

would provide video, as well as audio,

services as a GWCS licensee. The

Petition was placed on Public Notice on

April 28, 1995; however, no comments

were filed on the Public Notice.

4. On June 8, 1995, in response to the

Commission’s Third Report and Order

in the pioneer’s preference review

proceeding, ET Docket No. 93–266, 60

Fed. Reg. 32116 (June 20, 1995), InFlight filed a Supplement to its

pioneer’s preference request. In its

Supplement, In-Flight argued that it was

not likely to recover its investment in

developing what it now referred to as its

‘‘aircraft audio and video programming

service’’ unless it received a pioneer’s

preference, and also requested that its

preference request be placed on public

notice. On June 16, 1995, In-Flight’s

preference request, including the

Supplement, was placed on Public

Notice and assigned file number PP–88

in Docket 94–32.

5. On July 3, 1995, Claircom Licensee

Corporation filed an opposition to PP–

88, in which it stated that In-Flight’s

programming service is not innovative.

On July 13, 1995, In-Flight filed a reply

to Claircom’s opposition. On July 31,

1995, the Commission adopted a Second

Report and Order in Docket 94–32, 60

Fed. Reg. 40712 (August 9, 1995),

allocating the 4660–4685 MHz band for

the GWCS and adopting service rules.

6. In the Third R&O, the Commission

found that—inconsistent with the

pioneer’s preference rules—the GWCS

service rules are not a reasonable

outgrowth of In-Flight’s ground-to-air

programming service proposal.

Additionally, the Commission found

that In-Flight failed to demonstrate the

technical feasibility of its proposal in

the 4660–4685 MHz band. The

Commission stated that In-Flight’s

technical achievements in developing

and testing equipment in the 901–902

MHz and 940–941 MHz bands are not

directly relevant to the 4660–4685 MHz

band, due to differences in propagation.

Finally, the Commission found that InFlight’s proposed ground-to-air

programming service is not sufficiently

innovative to warrant a preference in

any band. The Commission concluded

that In-Flight did not demonstrate that

its technological developments are

innovative given the state-of-the-art

technologies used in providing 800 MHz

air-ground radiotelephone service.

7. Accordingly, it is ordered, That the

pioneer’s preference request (PP–88)

filed by In-Flight Phone Corporation in

this proceeding is denied. It is further

ordered, That the request for pioneer’s

preference filed by In-Flight Phone

Corporation in ET Docket No. 92–100 is

dismissed as moot. It is further ordered,

That the petition for declaratory ruling

filed by In-Flight Phone Corporation is

granted in part and denied in part.

List of Subjects in 47 CFR Part 1

Pioneer’s preference, Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–30550 Filed 12–14–95; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 88–40; RM–6035, RM–6349,

RM–6350]

Radio Broadcasting Services;

Jacksonville, Pine Knoll Shores, and

Harkers Island, NC

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document grants a

Petition for Reconsideration filed by

Down East Radio to the extent of

deleting Channel 272A from Pine Knoll

Shores, North Carolina. See 57 FR

19809, May 8, 1992. With this action,

the proceeding is terminated.

EFFECTIVE DATE: January 22, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau,

(202) 776–1654.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order, MM

Docket No. 88–40, adopted November 9,

1995, and released December 8, 1995.

The full text of this Commission

decision is available for inspection and

copying during normal business hours

in the FCC Reference Center (Room

239), 1919 M Street, NW., Washington,
Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations 64349

DC. The complete text of this decision

may also be purchased from the

Commission’s copy contractors,

International Transcription Service, Inc.

(202) 857–3800, 1919 M Street, NW.,

Room 246, 2100 M Street NW., Suite

140, Washington, DC 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: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

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

Allotments under North Carolina, is

amended by removing Pine Knoll

Shores, Channel 272A.

Federal Communications Commission.

Douglas W. Webbink,

Chief, Policy and Rules Division, Mass Media

Bureau.

[FR Doc. 95–30515 Filed 12–14–95; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 95–123; RM–8669]

Radio Broadcasting Services; Winona,

TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of OARA, Inc., allots Channel

274A to Winona, Texas, as the

community’s first local aural

transmission service. See 60 FR 38785,

July 28, 1995. Channel 274A can be

allotted to Winona, Texas, in

compliance with the Commission’s

minimum distance separation

requirements without the imposition of

a site restriction. The coordinates for

Channel 274A at Winona are 32–29–22

and 95–10–01. With this action, this

proceeding is terminated.

DATES: Effective January 22, 1996. The

window period for filing applications

will open on January 22, 1996, and close

on February 22, 1996.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 95–123,

adopted November 27, 1995, and

released December 7, 1995. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, ITS, Inc., (202) 857–

3800, 2100 M Street, NW., Suite 140,

Washington, DC 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: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

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

Allotments under Texas, is amended by

adding Winona, Channel 274A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–30513 Filed 12–14–95; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 95–124; RM–8573]

Radio Broadcasting Services; Atlantic,

IA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Wireless Communications

Corp., allots Channel 239C3 to Atlantic,

Iowa, as the community’s first local FM

service. See 60 FR 39308, August 2,

1995. Channel 239C3 can be allotted to

Atlantic in compliance with the

Commission’s minimum distance

separation requirements without the

imposition of a site restriction, at

coordinates 41–24–00 North Latitude

and 95–00–54 West Longitude. With

this action, this proceeding is

terminated.

DATES: Effective January 22, 1996. The

window period for filing applications

will open on January 22, 1996, and close

on February 22, 1996.

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 95–124,

adopted November 14, 1995, and

released December 8, 1995. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, NW., 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, 2100 M Street, NW., Suite 140,

Washington, DC 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: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

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

Allotments under Iowa, is amended by

adding Atlantic, Channel 239C3.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–30514 Filed 12–14–95; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 625

[Docket No. 930932–3314; I.D. 120795B]

Summer Flounder Fishery;

Commercial Quota Transfer from

Maryland to New York

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration, (NOAA),

Commerce.

ACTION: Commercial quota transfer.

SUMMARY: NMFS announces that the

State of Maryland is making two

transfers totaling 50,000 lb (22,680 kg)

of commercial summer flounder quota

to the State of New York. NMFS

adjusted the quotas and announces the

revised commercial quota for each state

involved.

EFFECTIVE DATE: December 12, 1995.