Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Rules and Regulations 18999

The PBGC has determined that this

action is not a ‘‘significant regulatory

action’’ under the criteria set forth in

Executive Order 12866, because it will

not have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities; create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency; materially alter the

budgetary impact of entitlements,

grants, user fees, or loan programs or the

rights and obligations of recipients

thereof; or raise novel legal or policy

issues arising out of legal mandates, the

President’s priorities, or the principles

set forth in Executive Order 12866.

Because no general notice of proposed

rulemaking is required for this

amendment, the Regulatory Flexibility

Act of 1980 does not apply. See 5 U.S.C.

601(2).

List of Subjects in 29 CFR Part 2644

Employee benefit plans, Pensions.

In consideration of the foregoing, part

2644 of subchapter F of chapter XXVI of

title 29, Code of Federal Regulations, is

amended as follows:

PART 2644—NOTICE AND

COLLECTION OF WITHDRAWAL

LIABILITY

1. The authority citation for part 2644

continues to read as follows:

Authority: 29 U.S.C. 1302(b)(3), 1399(c)(6).

2. Appendix A to part 2644 is

amended by adding to the end of the

table a new entry to read as follows:

Appendix A to Part 2644—Table of

Interest Rates

* * * * *

From To Date of

quotation

Rate

(percent)

* * * * *

4/01/95 6/30/95 3/15/95 9.00

Issued in Washington, DC, on this 11th day

of April 1995.

Martin Slate,

Executive Director, Pension Benefit Guaranty

Corporation.

[FR Doc. 95–9239 Filed 4–13–95; 8:45 am]

BILLING CODE 7708–01–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 2 and 90

[FCC No. 95–115]

Conditional Waiver To Use Television

Channel 16 (482–488 MHz) in New York

City Metropolitan Area for Public

Safety Services

AGENCY: Federal Communications

Commission.

ACTION: Final rule; waiver.

SUMMARY: The Commission waives its

rules regarding the allocation for

spectrum for television broadcast

service to permit the temporary

assignment of frequencies in the 482–

488 MHz band (television Channel 16)

to public safety agencies in the New

York City metropolitan area. Public

safety use of these frequencies will be

permitted for a period of at least five

years or until the Commission assigns

Channel 16 in New York City for

advanced television service (ATV) and

the television broadcast licensee is then

ready to commence operation. This

band is currently allocated to the

broadcasting service but is not allotted

for use in New York City. We find that

circumstances exist that warrant a

waiver of our rules to permit use of this

spectrum by public safety radio services

in the New York City metropolitan area.

Granting this conditional waiver will

provide public safety agencies with

immediate spectrum relief that is

urgently needed in the congested New

York City metropolitan area.

EFFECTIVE DATE: May 15, 1995.

FOR FURTHER INFORMATION CONTACT:

Ray LaForge, Office of Engineering and

Technology, telephone (202) 739–0598.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Order

adopted on March 14, 1995 and released

on March 17, 1995. The complete text

of this Order is available for inspection

and copying during normal business

hours in the FCC Public Reference

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

Washington, DC. The complete text of

this Order also may be purchased from

the Commission’s duplication

contractor, International Transcription

Service, Inc., 2100 M Street, NW., Suite

140, Washington, DC 20036, (202) 857–

3800.

Summary of Order

The Commission concluded that the

public safety agencies in the New York

City metropolitan area have an urgent

and immediate need for additional

spectrum capacity for public safety

communications. Further, we held that

use of Channel 16 will provide

immediate and necessary relief to these

public safety agencies and will also

allow for development of

interoperability of communications

between the public safety agencies.

Finally, we decided that this spectrum

relief for the New York City public

safety agencies can be accomplished

without adversely affecting existing TV

operations or our plans for

implementation of ATV. Therefore, we

found that the conditional grant of a

waiver to the Agencies to use television

Channel 16 is in the public interest. We

are conditioning the grant of the waiver

to reflect the concerns of broadcasters,

as indicated in the Appendix.

Ordering Clauses

It is hereby ordered that, the Joint

Request for Waiver filed by the New

York Public Safety Agencies is granted

to the extent discussed herein, for a

period of at least five years or until any

television broadcast licensee in the New

York City metropolitan area initiates use

of Channel 16 for ATV broadcast

operations, whichever is longer,

Sections 2.106 and 90.311 of the

Commission’s Rules are waived so that

New York City metropolitan area public

safety agencies may use 482–488 MHz,

for land mobile public safety services

under the conditions specified in the

Appendix. It is hereby further ordered

that the Request for Waiver filed by the

New York City Transit Police

Department to use television Channel 19

Is Dismissed. These actions are taken

pursuant to sections 4(i), 303 (c), (f), (g),

and (r), and 309(a) of the

Communications Act of 1934, as

amended, 47 U.S.C. sections 154(i), 303

(c), (f), (g), and (r).

List of Subjects

47 CFR Part 2

Radio.

47 CFR Part 90

Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Appendix

In order to prevent interference

between the proposed land mobile

operations on Channel 16 in New York

City and the existing television

operations of WNEP–TV in Scranton,

Pennsylvania on Channel 16 (FCC File

Number BLCT–2623) and WPHL–TV in

Philadelphia, Pennsylvania on Channel

17 (FCC File Number BLCT–2611), the
19000 Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Rules and Regulations

proposed land mobile operation will be

restricted as follows:

Base station operation is permitted in

the five boroughs of New York City and

Nassau, Westchester and Suffolk

Counties in New York, and Bergen

County, New Jersey. Mobile operation is

permitted in these counties and

boroughs as well as outside these areas

provided the distance from the Empire

State Building (Geographic Coordinates:

40°44′54′′ N, 73°59′10′′ W) does not

exceed 48 kilometers (30 miles).

Co-Channel Television Protection

For base stations to be located in the

five boroughs that comprise the City of

New York and other jurisdictions east of

the Hudson River and Kill Van Kull, the

maximum effective radiated power

(ERP) will be limited to 225 watts at an

antenna height of 152.5 meters (500 feet)

above average terrain. Adjustment of the

permitted power will be allowed

provided it is in accordance with the

‘‘169 kilometer Distance Separation’’

entries specified in Table B or

prescribed by Figure B of Section

90.309(a)(5) of the Rules.

For base stations to be located west of

the Hudson River, the maximum ERP

will be limited to the entries specified

in Table B or prescribed by Figure B of

Section 90.309(a)(5) of the Rules for the

actual separation distance between the

land mobile base station and the

transmitter site of WNEP–TV, Scranton

(Geographic Coordinates: 41°10′58′′ N,

75°52′21′′ W).

Mobile stations associated with such

base stations will be restricted to 100

watts ERP in the area of operation

extending eastward from the Hudson

River and 10 watts ERP in the area of

operation extending westward from the

Hudson River. These restrictions offer

40 dB of protection to the Grade B

coverage contour of WNEP–TV,

Scranton.

Adjacent Channel Television Protection

The above parameters and conditions

are considered to be sufficient to protect

first-adjacent channel television station

WPHL–TV, Philadelphia (Geographic

Coordinates: 40°02′30′′ N, 75°14′24′′ W).

Operation of mobile units within a

radius of 48 kilometers (30 miles) from

the Empire State Building would be no

closer than 8 kilometers (5 miles) from

the WPHL Grade B coverage contour.

This will offer a 0 dB protection ratio to

WPHL–TV.

Low Power Television Protection

LPTV station W17BM has no

responsibility to protect land mobile

operations on adjacent TV Channel 16

other than from spurious emissions.

Land mobile licensees must correct, at

their expense, interference caused by

their operations to the reception of

W17BM within its protected signal

contour as defined in Section 74.707 of

the Rules.

Periodic Reports

The Joint Committee of broadcasters

and public safety agencies—as

contemplated in the agreement—will

file annual reports with the Commission

regarding the status of implementation

and progress toward the development of

new spectrum efficient systems.

[FR Doc. 95–9219 Filed 4–13–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 73

[MM Docket No. 88–613; RM–6483 and RM–

6712]

Radio Broadcasting Services; Dickson,

TN, and Benton and Calvert City, KY

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petition for

reconsideration.

SUMMARY: The Commission dismisses

the petition filed by Jackson Purchase

Communications for reconsideration of

the Report and Order in MM Docket No.

88–613, 54 FR 53612, published

December 29, 1989. Jackson Purchase

Communications requested withdrawal

of its petition, stating that it has

received no consideration for such

withdrawal. With this action, the

proceeding is terminated.

EFFECTIVE DATE: April 14, 1995.

FOR FURTHER INFORMATION CONTACT: J.

Bertron Withers, Jr., Mass Media

Bureau, (202) 418–2180.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

Bruce A. Romano,

Deputy Chief, Policy & Rules Division, Mass

Media Bureau.

[FR Doc. 95–9282 Filed 4–13–95; 8:45 am]

BILLING CODE 6712–01–F