Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Rules and Regulations 15495

3We note that the Administrative Procedure Act

allows the rules to become effective immediately

because we are relieving a restriction rather than

imposing one. See 5 U.S.C. 553(d)(1). We believe

that it is appropriate for these rules to take effect

immediately upon publication in the Federal

Register in light of the pending requests for waiver,

discussed infra.

Final Regulatory Flexibility Analysis

(FRFA) of the expected impact of the

proposed rule changes on small entities.

I. Reason for Action. This Report and

Order eliminates the restrictions

contained in Sections 90.603(c) and

90.703(c) of the Commission’s rules that

prohibit wireline telephone common

carriers from holding licenses in the

SMR service and commercial 220 MHz

band. The Report and Order also

permits all CMRS providers to offer

dispatch service in competition with

SMR systems. The record in this

proceeding demonstrates that these

restrictions are no longer necessary and

should be repealed.

II. Objectives. The Commission

intends to promote competition, growth

and innovation at a time when the

mobile services marketplace is

undergoing regulatory changes.

III. Legal Basis. The action is

authorized under Sections 3(n), 4(i),

303(r), 332(c) and 332(d) of the

Communications Act of 1934, as

amended, 47 U.S.C. §§ 153(n), 154(i)

and 303(r), 332(c) and 332(d).

IV. Reporting, Recordkeeping and

Other Compliance Requirements. None.

V. Federal Rules Which Overlap,

Duplicate or Conflict With Rules. None.

VI. Description, Potential Impact, and

Number of Small Entities Involved.

Many small entities could be affected by

the rule changes contained in the Report

and Order. We expect that several small

entities will benefit by eliminating the

wireline restrictions and dispatch

prohibition because it will provide these

entities and additional opportunity to

participate in the provision of these

services.

VII. Significant Alternatives

Minimizing the Impact on Small Entities

Consistent with the Stated Objectives.

The Notice in this proceeding solicited

comments on whether to eliminate the

wireline eligibility restrictions and the

dispatch prohibition. No significant

alternatives were presented in the

comments.

37. Ordering Clauses. Accordingly, IT

IS ORDERED, that Part 22 of the

Commission’s Rules ARE AMENDED as

set forth below and are effective April

24, 1995. It is further ordered that Part

90 of the Commission’s Rules are

amended as set forth below and are

effective upon March 24, 1995.3

38. It is further ordered that the

Petitions for Waiver filed by

Southwestern Bell, Bell Atlantic, US

West, RAM Mobile, Cass Cable, and API

are dismissed as moot.

List of Subjects

47 CFR Part 22

Public mobile services; Radio.

47 CFR Part 90

Private land mobile services; Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Amendatory Text

Parts 22 and 90 of Chapter I of Title

47 of the Code of Federal Regulations

are amended as follows:

PART 22—PUBLIC MOBILE SERVICE

1. The authority citation for part 22

continues to read as follows:

Authority: Sections 4, 303, 307, and 332,

48 Stat. 1066, 1082, as amended; 47 U.S.C.

154, 303, 307 and 332, unless otherwise

noted.

2. Section 22.577 is amended by

revising the heading, the introductory

text, the introductory text of paragraph

(a) and paragraphs (a)(1), (a)(2), (b) and

(d), to read as follows:

§ 22.577 Dispatch service.

Carriers licensed under this subpart

may provide dispatch service in

accordance with the rules in this

section.

(a) Installation without prior FCC

approval. A station licensee may install

or remove dispatch points for

subscribers without obtaining prior FCC

approval. A station licensee may install

or remove dispatch transmitters for

subscribers without applying for

specific authorization, provided that the

following conditions are met.

(1) Each dispatch transmitter must be

able to transmit only on the mobile

channel that is paired with the channel

used by the base station.

(2) The antenna of the dispatch

transmitter must not exceed the criteria

in § 17.7 of this chapter that determine

whether the FAA must be notified of the

proposed construction.

* * * * *

(b) Notification. Licensees must notify

the FCC (FCC Form 489) whenever a

dispatch transmitter is installed

pursuant to paragraph (a) of this section.

The notification must include the name

and address of the subscriber(s) for

which the dispatch transmitter was

installed, the location of the dispatch

transmitter, the height of antenna

structure above ground and above mean

sea level, the channel(s) used, and the

call sign and location of the base station.

* * * * *

(d) Dispatch transmitters requiring

authorization. A dispatch transmitter

that does not meet all of the

requirements of paragraph (a) of this

section may be installed only upon

grant of an application for authorization

therefor (FCC Form 600).

* * * * *

3. Section 22.901 is amended by

revising paragraph (c) to read as follows:

§ 22.901 Cellular service requirements and

limitations.

* * * * *

(c) Dispatch service. Cellular systems

may provide dispatch service.

* * * * *

PART 90—PRIVATE LAND MOBILE

RADIO SERVICES

4. The authority citation for part 90

continues to read as follows:

Authority: Sections 4, 303, and 332, 48

Stat. 1066, 1082, as amended; 47 U.S.C. 154,

303 and 332, unless otherwise noted.

5. Section 90.603(c) is revised to read

as follows:

§ 90.603 Eligibility.

* * * * *

(c) Any person eligible under this part

and proposing to provide on a

commercial basis base station and

ancillary facilities as a Specialized

Mobile Radio Service System operator,

for the use of individuals, federal

government agencies and persons

eligible for licensing under subparts B,

C, D, or E of this part.

6. 47 CFR 90.703(c) is revised to read

as follows:

§ 90.703 Eligibility.

* * * * *

(c) Any person eligible under this part

proposing to provide on a commercial

basis, station and ancillary facilities for

the use of individuals, federal

government agencies and persons

eligible for licensing under subparts B,

C, D, or E of this part.

[FR Doc. 95–7295 Filed 3–23–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 64

[CC Docket No. 91–281; FCC 95–119]

Calling Party Telephone Number;

Privacy

AGENCY: Federal Communications

Commission.
15496 Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Rules and Regulations

ACTION: Stay of effective date of Order

establishing final rule.

SUMMARY: This Order stays the effective

date of the Report and Order and

Further Notice of Proposed Rulemaking,

April 18, 1994, which adopted the

Commission’s rules regarding privacy

and other requirements for Calling Party

Telephone Numbers.

EFFECTIVE DATE: March 17, 1995.

FOR FURTHER INFORMATION CONTACT:

Robert E. Kimball, (202) 634–7150,

Domestic Services Branch, Domestic

Facilities Division, Common Carrier

Bureau.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Order in

CC Docket No. 91–281, FCC 95–119,

adopted March 17, 1995, released March

17, 1995. The item is available for

inspection and copying during normal

hours in the Commission’s FCC

Reference Center (room 230), 1919 M

St., NW., Washington, D.C., or a copy

may be purchased from the duplicating

contractor, International Transcription

Service, Inc. (202) 857–3800, 2100 M

St., NW., Suite 140, Washington, D.C.

20037. The Order will be published in

the FCC Record.

Analysis of Proceeding

In the process of reviewing petitions

for reconsideration of the Commission’s

Rules governing passage of Calling Party

Number (CPN) on interstate telephone

calls, we have decided on our own

motion that the public interest would

best be served by temporarily staying

effectiveness of 47 CFR 64.1601 and

64.1603. Interested parties have

persuasively argued that no matter how

the issues raised in the petition for

reconsideration are resolved, and even if

the Commission adheres to its original

decision in every material respect,

compliance will not be possible by

April 12, 1995, the effective date

specified in the March 29, 1994 Report

and Order Further Notice of Proposed

Rulemaking, 59 FR 18318.

Ordering Clauses

Accordingly, it is ordered, pursuant to

Sections 1, 4(i) of the Communications

Act, 47 U.S.C. 1 and 154(i), that

effectiveness of §§ 64.1601 and 64.1603

of the Commission’s Rules IS STAYED

until further notice.

It is further ordered that this order is

effective upon adoption.

List of Subjects in 47 CFR Part 64

Calling party number identification,

Privacy, Telephone.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–7297 Filed 3–23–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 73

[MM Docket No. 94–15; RM–8411]

Radio Broadcasting Services;

Ravenswood and Elizabeth, West

Virginia

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of MediaCom, Inc., reallots

Channel 291A from Ravenswood to

Elizabeth, West Virginia, as that

community’s first local aural

transmission service, and modifies

Station WRZZ(FM)’s license

accordingly. See 59 FR 10607, March 7,

1994. Channel 291A can be allotted to

Elizabeth in compliance with the

Commission’s minimum distance

separation requirements without the

imposition of a site restriction. The

coordinates for Channel 291A at

Elizabeth are 39–03–48 and West

Longitude 81–23–43. Since Elizabeth is

located within 320 kilometers (200

miles) of the U.S.-Canadian border,

concurrence of the Canadian

government has been obtained. With

this action, this proceeding is

terminated.

EFFECTIVE DATE: May 4, 1995.

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 94–15,

adopted March 14, 1995, and released

March 21, 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, D.C. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Service, Inc., (202) 857–3800, 2100 M

Street, NW, Suite 140, Washington, D.C.

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: Sections 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 West Virginia, is

amended by removing Channel 291A at

Ravenswood and adding Elizabeth,

Channel 291A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–7299 Filed 3–23–95; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 94–143]

Television Broadcasting Services;

Albion, Nebraska

AGENCY: Federal Communications

Commission.

ACTION: Final Rule.

SUMMARY: This document allots UHF

Channel 24+ to Albion, Nebraska, in

order to permit Citadel Communications

Co., Inc. to amend it pending

application (File No. BPCT–930726KH)

for Channel 18 at Albion to specify

operation on Channel 24+ without loss

of cut-off protection. See 60 FR 91,

published January 3,1994. The reference

coordinates for Channel 24+ at Albion,

Nebraska, are 41–55–58 and 98–17–23.

With this action, the proceeding is

terminated.

EFFECTIVE DATE: May 4, 1995.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau,

(202) 776–1654.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 94–143,

adopted March 13, 1995, and released

March 21, 1995. The full text of this

decision is available for inspection and

copying during normal business hours

in the FCC Dockets Branch (Room 230),

1919 M Street, NW, Washington, D.C.

The complete text of this decision may

also be purchased from the

Commission’s copy contractor,

International Transcription Service,

(202) 857–3800, 2100 M Street, NW,

Washington, D.C. 20037.

List of Subjects in 47 CFR Part 73

Television broadcasting.