Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Proposed Rules 2465

40 CFR Part 70

[AD–FRL–5404–5 ]

Clean Air Act Proposed Interim

Approval of Operating Permits

Program; Maryland; Extension of the

Comment Period

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; extension of the

comment period.

SUMMARY: EPA reopened the comment

period for a notice published on October

30, 1995 (60 FR 55231). In the October

30 notice, EPA proposed an interim

approval of the operating permits

program submitted by Maryland

because the program substantially, but

not fully, met the requirements of Part

70.

At the request of the SIERRA CLUB—

Maryland Chapter, Maryland Public

Interest Research Group, and the

American Lung Association of

Maryland, EPA reopened the comment

period through December 29, 1995. All

comments received on or before

December 29 were entered into the

public record and will be considered by

EPA before taking final action on the

proposed rule.

DATES: Comments were to have been

received on or before December 29,

1995.

ADDRESSES: Comments were to have

been mailed to Marcia L. Spink,

Associate Director, Air Programs,

Mailcode 3AT00, U.S. Environmental

Protection Agency, Region III, 841

Chestnut Building, Philadelphia,

Pennsylvania 19107.

FOR FURTHER INFORMATION CONTACT: Enid

A. Gerena, U.S. EPA Region III, (215)

597–8239.

Dated: December 8, 1995.

Stanley Laskowski,

Acting Regional Administrator, Region III.

[FR Doc. 96–1403 Filed 1–25–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 136

[FRL–5404–7]

Guidelines Establishing Test

Procedures for the Analysis of

Pollutants: New Methods; Reopening

of Comment Period

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; reopening of

comment period.

SUMMARY: The U. S. Environmental

Protection Agency (EPA) is reopening

the comment period for the proposed

guidelines establishing new analytical

methods for use under the Clean Water

Act, which were published in the

Federal Register on October 18, 1995

(60 FR 53988). The public comment

period for the proposed rule was to end

on December 18, 1995.

DATES: Comments on the proposed

guidelines will be accepted until April

2, 1996.

ADDRESSES: Comments should be

submitted by mail to the 304(h) Docket

Clerk (Ben Honaker), Water Docket

(MC–4101), U.S. EPA, 401 M. Street

SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Mr.

James Longbottom, Aquatic Research

Division, National Exposure Research

Laboratory, Office of Research and

Development, U.S. Environmental

Protection Agency, Cincinnati, Ohio

45268. Telephone number: (513) 569–

7308.

SUPPLEMENTARY INFORMATION: The

methods proposed for addition on

October 18, 1995, (60 FR 53988) include

new methods for: preparation of

samples for metals analysis, inductively

coupled plasma/mass spectrometry

(ICP/MS), a stabilized temperature

graphite furnace atomic absorption

(STGFAA) method for metals, and ion

chromatography (IC) methods for anions

and hexavalent chromium [Cr(VI)]. A

revised EPA inductively coupled

plasma atomic emission spectrometry

(ICP–AES) method for metals to replace

the currently approved method, and an

extension of the approved method for

the determination of low level total

residual chlorine were also proposed.

The specific methods included in the

rulemaking are as follows: EPA Methods

180.1, 200.7, 200.8, 200.9, 218.6, 300.0,

611, and 625; SMEWW, Method 4500–

CL E; and Standard Methods Method

6410B.

All written comments submitted in

accordance with the instructions in the

Notice of Proposed Rulemaking and

received by April 2, 1996, including

those received between the close of the

comment period on December 18, 1995,

and the publication of this notice will

be entered into the public record and

considered by EPA before promulgation

of the final rule.

Dated: January 23, 1996.

Robert Perciasepe,

Assistant Administrator, Office of Water.

[FR Doc. 96–1404 Filed 1–25–96; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 2, 21, and 94

[FCC 95–500]

Fixed Point-to-Point Microwave

Service

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: By the Notice of Proposed

Rule Making (NPRM) portion of this

NPRM and Order, the Commission

proposes to provide a channeling plan

and licensing and technical rules for

fixed point-to-point microwave

operations in the 37.0–38.6 GHz (37

GHz) band and proposes to amend the

licensing and technical rules for fixed

point-to-point microwave operations in

the 38.6–40.0 GHz (39 GHz) band. This

action would make available additional

channels in the 37 GHz band and would

ensure more efficient use of the 39 GHz

band in the future. The objectives of this

proposal are to provide adequate pointto-point microwave spectrum, including

channels for the support of broadband

personal communications services (PCS)

and other services, and to provide for

technical commonality across the bands.

DATES: Comments must be submitted on

or before February 12, 1996 and reply

comments must be submitted on or

before February 27, 1996. Written

comments by the public on the

proposed and/or modified information

collections are due February 12, 1996.

(The comment and reply dates

originally were set for January 16, 1996

and January 31, 1996, respectively.

However, the Commission’s Office of

Engineering and Technology, under

delegated authority, extended the

comment and reply period due to the

exigency caused by the closing of the

government; see Order Extending Time,

DA 96–15, released January 16, 1996.)

Written comments must be submitted

by OMB on the proposed and/or

modified information collections on or

before March 26, 1996.

ADDRESSES: Comments and reply

comments should be sent to Office of

the Secretary, Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

Secretary, a copy of any comments on

the information collections contained

herein should be submitted to Dorothy

Conway, Federal Communications

Commission, Room 234, 1919 M Street

NW., Washington, DC 20554, or via the

Internet to dconway@fcc.gov, and to

Timothy Fain, OMB Desk Officer, 10236
2466 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Proposed Rules

NEOB, 725 17th Street NW.,

Washington, DC 20503 or via the

Internet to fainlt@al.eop.gov.

FOR FURTHER INFORMATION CONTACT: Tom

Mooring, Office of Engineering and

Technology, 202–418–2450. For

additional information concerning the

information collections contained in

this NPRM contact Dorothy Conway at

202–418–0217, or via the Internet at

dconway@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s NPRM,

adopted and released on December 15,

1995. The complete NPRM and Order is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M Street NW., Washington, DC, and also

may be purchased from the

Commission’s duplication contractor,

International Transcription Service,

(202) 857–3800, 2100 M Street NW.,

Suite 140, Washington, DC 20037.

Paperwork Reduction Act

This NPRM contains either a

proposed or modified information

collection. The Commission, as part of

its continuing effort to reduce

paperwork burdens, invites the general

public and OMB to comment on the

information collections contained in

this NPRM, as required by the

Paperwork Reduction Act of 1995, Pub.

L. No. 104–13. Public and agency

comments are due at the same time as

other comments on this NPRM; OMB

comments are due 60 days from date of

publication of this NPRM in the Federal

Register. Comments should address: (a)

whether the proposed collection of

information is necessary for the proper

performance of the functions of the

Commission, including whether the

information shall have practical utility;

(b) the accuracy of the Commission’s

burden estimates; (c) ways to enhance

the quality, utility, and clarity of the

information collected; and (d) ways to

minimize the burden of the collection of

information on the respondents,

including the use of automated

collection techniques or other forms of

information technology.

OMB Approval Number: N/A.

Title: Proposed rule 21.711(b).

Form No.: N/A.

Type of Review: New collection.

Respondents: Businesses or other forprofit.

Number of Respondents: 300.

Estimated Time Per Response: 40

hours.

Total Annual Burden: 12,000 hours.

Needs and Uses: Rule requires that

respondents certify that they have

constructed a minimum number of

installed and operating microwave links

no later than 18 months from adoption

of the Report and Order in this docket.

If the Commission does not require this

certification then it would not know

whether the spectrum is being used

effectively.

OMB Approval Number: N/A.

Title: Proposed rule 21.711(b)(2).

Form No.: N/A.

Type of Review: New collection.

Respondents: Businesses or other forprofit.

Number of Respondents: 200.

Estimated Time Per Response: 80

hours.

Total Annual Burden: 16,000 hours.

Needs and Uses: Rule requires that

respondents not meeting the

construction threshold file a list of

permanently installed or operating

microwave links that they wish to have

grandfathered no later than 18 months

from adoption of the Report and Order

in this docket. If the Commission does

not require this filing then it would not

be able to protect these incumbent

operations from possible harmful

interference caused by new systems.

OMB Approval Number: N/A.

Title: Proposed rule 21.711(a)(4).

Form No.: N/A.

Type of Review: New collection.

Respondents: Businesses or other forprofit.

Number of Respondents: 500.

Estimated Time Per Response: 256

hours.

Total Annual Burden: 128,000 hours.

Needs and Uses: Rule requires that

respondents maintain a computerreadable database. This data would be

used to facilitate coordination with

Government links that share the 37 GHz

band with non-Government licensees.

OMB Approval Number: 3060–0064

and 3060–0402.

Title: Application for a station

authorization in the Private Operational

Fixed Microwave Radio Service;

Application for a new or modified

microwave radio station license under

Part 21.

Form No.: FCC 402 and FCC 494.

Type of Review: New collection.

Respondents: Businesses or other forprofit.

Number of Respondents: 100.

Estimated Time Per Response: 2

hours.

Total Annual Burden: 200 hours.

Needs and Uses: Forms are used by

applicants to apply to provide either a

common carrier service (FCC 494) or to

use the spectrum for private purposes

(FCC 402). If the Commission did not

require that applicants file one these

two forms then it would not know how

to regulate the licensees.

Summary of MO&O

1. By this action, the Commission

proposes to provide a channeling plan

and licensing and technical rules for

fixed point-to-point microwave

operations in the 37 GHz band.

Adoption of this proposal would make

the band available for point-to-point

microwave operations that would

provide communications infrastructure

such as ‘‘backhaul’’ and ‘‘backbone’’

communications links for services

including broadband PCS, cellular

radio, and other commercial and private

mobile radio operations. The

Commission observes that such

infrastructure could also facilitate the

development of competitive wireless

local telephone service. Further, the

Commission proposes a channeling plan

based on fourteen paired 50 megahertz

channel blocks (with a 700 megahertz

separation between transmit and receive

channel blocks) and four unpaired 50

megahertz channel blocks, to allow

licensees to subdivide their channel

blocks as they choose, service areas

based on Basic Trading Areas (BTAs),

licensing by competitive bidding if

mutually exclusive applications are

filed, and a minimal number of

technical rules designed to limit

interference. Proposed technical rules

include specifications as to frequency

tolerance, bandwidth, transmitter

power, directional antenna standards,

digital modulation, and field strength

limitation at service area boundaries.

The term of licenses in the 37 GHz band

is proposed to be 10 years and comment

is sought on the appropriate buildout

requirement.

2. With regard to sharing the 37 GHz

band between Government fixed and

non-Government point-to-point

operations, the Commission proposes to

share the band on a first-come, firstserved basis as follows. Commission

licensees would be required to protect

incumbent operations when they build

out their system. Any new Government

fixed operations would be coordinated

on a link-by-link basis with the affected

Commission licensees through the

existing Government/non-Government

coordination process. In order for the

Commission to process a coordination

request, non-Government licensees

would be required to maintain a

computer-readable database with the

coordinates of their sites, frequencies

(occupied bandwidth) assigned to their

sites, EIRP, and other needed

information for all of their links.

3. In addition, comment is requested

on whether the 37 GHz band or a

portion of it should be made available

for a wider array of fixed services, such
Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Proposed Rules 2467

as point-to-multipoint systems; whether

there is a requirement for mobile

operations in the 37 GHz band and, if

so, whether such operations should be

on a co-primary or secondary basis to

the point-to-point operations; and

whether the Commission has

overestimated demand and, thus

whether a portion of the band should be

held in reserve for future services. If the

permissible use of the 37 GHz and 39

GHz bands (see para. 6, below) is

broadened to include other fixed and/or

mobile uses, the Commission would not

anticipate separately licensing such uses

but rather would include them within

the uses permitted under our proposed

BTA licenses. In response to a request

from the National Telecommunications

and Information Administration (NTIA),

the Commission solicits comment on

additionally allocating the 37–38 GHz

band to the space research (space-toEarth) service.

4. If competitive bidding is not

adopted for the 37 GHz band, comment

is solicited alternatively on licensing the

37 GHz band in the same manner as the

39 GHz band is currently licensed with

the following modifications. Service

areas would be based on BTAs.

Eligibility for Channel Blocks 15

through 20 would be limited to

broadband PCS licensees until three

months after the last broadband PCS

license is issued. Eligibility for Channel

Blocks 21 through 28 would be limited

to broadband PCS, cellular, and widearea SMR licensees for three years,

commencing with the effective date of

the rules adopted in this proceeding.

After the expiration of these restrictions,

eligibility would be open to all parties.

Eligibility for unpaired Channel Blocks

29 through 32 would be unrestricted.

Further, the Commission proposes to

require that applicants demonstrate a

need for each channel requested, that

applicants initially be limited to one

channel per designated service area, that

all licensees, except broadband PCS

licensees, construct their system within

18 months and that such construction

be defined as the ability to pass

communications traffic significantly

throughout the service area, and that

license transfers of unbuilt systems be

prohibited. Additionally, each licensee

would be permitted to apply for an

additional channel in its service area

only when it is operating its previously

authorized channel(s) at or near

expected capacity. Comment is solicited

on whether licensees should be required

at some time in the future to provide the

Commission with a report of their

operations so that a second licensing

opportunity could be provided for

parties interested in those portions of

licensed service areas that are unused.

Comment is specifically requested on

what criteria should be applied in

determining whether a licensed service

area is underused to the point that other

applicants should be permitted to

propose service in that area. If an

additional party is allowed to obtain a

license in an existing licensee’s BTA,

the Commission proposes to require

them to coordinate informally on a linkto-link basis.

5. The Commission also proposes to

amend the licensing and technical rules

for fixed point-to-point microwave

operations in the 39 GHz band.

Specifically, the Commission proposes

that the unlicensed areas be licensed

using BTA service areas and that

auctions be employed should mutually

exclusive applications be filed. In order

to accommodate incumbent operations,

the Commission proposes that licensees

of rectangular service areas be given

eighteen months from the adoption of a

Report and Order in this proceeding to

file with the Commission a certification

that they have constructed a minimum

average of four permanently installed

and operating links per hundred square

kilometers (approximately one link per

ten square miles) of their licensed

service area for each licensed channel

block. Further, licensees with more than

one channel block must certify that each

channel block contains at least four

permanently installed and operating

links per hundred square kilometers

that cannot be reaccommodated in

another channel block. If a licensee

meets these threshold construction and

filing requirements, then the licensee

would retain its entire rectangular

service area. However, if a licensee does

not meet these requirements, then the

license would be automatically canceled

nineteen months from the adoption of a

Report and Order in this proceeding.

Further, licensees of rectangular service

areas not meeting the above

construction threshold must file a list of

permanently installed and operating

links that they wish to have

grandfathered no later than eighteen

months from the adoption of a Report

and Order in this proceeding. The

Commission would then relicense

qualifying links individually. Failure to

file timely a list of installed and

operating links would result in

automatic cancellation of the respective

licenses. As an alternative to relicensing

incumbent facilities on their current

frequency, comment is solicited on

whether incumbent links should be

‘‘repacked’’ into a portion of the band,

e.g., most grandfathered links would be

switched to one designated channel pair

provided that mutual interference

would not result. The technical rules for

the 39 GHz band would be modified to

make them consistent with the technical

rules that are proposed for the 37 GHz

band. Licensees would be limited to six

of the 28 paired channel blocks and to

two of the four unpaired channel blocks

in each BTA in the combined 37–40

GHz band.

6. The Commission notes that the

lower portion of the 39 GHz band, 38.6–

39.5 GHz, is allocated to the fixed,

mobile, and fixed-satellite (space-toEarth) services and that the upper

portion of the 39 GHz band, 39.5–40

GHz, is allocated to these services and

to the mobile-satellite (space-to-Earth)

service. Comment is solicited on

whether the proposed modifications for

licensing the 39 GHz band would have

any affect on the sharing of this band

among these services. Further, comment

is solicited on whether the Commission

should provide for more flexible use of

the 39 GHz band, including whether

permissible uses should be broadened to

include point-to-multipoint and/or

mobile services in this band, perhaps

under a broader service category such as

GWCS or LMWS.

7. If competitive bidding is not

adopted for the 39 GHz band, comment

is solicited alternatively on whether to

license the 39 GHz band under the

current rules with certain modifications.

Specifically, the Commission proposes

to strengthen and codify the policy

guidance given in the Commission’s

Common Carrier Bureau’s Public Notice,

Mimeo No. 44787, released September,

1994, so that all applicants for channels

in the 39 GHz band would be required

to make the following showings:

(i) Consideration of nonradiofrequency (non-RF) solutions. That

the applicant has given detailed

consideration to non-RF solutions for

satisfying its communications

requirements, including but not limited

to fiber optic cable and wireline, and

explaining why such alternatives are

technically unacceptable, as opposed to

merely less economically preferable.

(ii) Clear and present need. That the

applicant has an immediate and real

need for the proposed communications.

Neither speculation, nor anticipated

market development, nor a desire

merely to hold a license will be

sufficient in this regard. Each narrative

must include an implementation

schedule with six month benchmarks

and will be required to demonstrate

system construction and operation

within the construction deadline

imposed by § 21.43 of the Rules.
2468 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Proposed Rules

(iii) Frequency and efficiency.

Normally, only one channel block will

be authorized per applicant per

geographic area. New assignments will

be licensed by BTAs. Current applicants

must modify their applications

accordingly. A future request for an

additional channel block will be

considered only if the applicant

demonstrates that:

• An immediate requirement exists

for simultaneous communications

within the licensed service area;

• Frequency re-use is impossible as

demonstrated by an engineering

showing;

• All previously authorized channel

blocks within the licensed service area

are constructed, are operational, and are

loaded to 100% capacity;

• All frequencies are loaded to a

minimum equivalent digital efficiency

of 1 bps/Hz;

• All transmitting equipment is

operating with a frequency tolerance of

0.001%; and

• Only Category A antennas are

employed.

(iv) Full disclosure. Applicants must

fully disclose the real party (or parties)

in interest, including a complete

disclosure of the identity and

relationship of those persons or entities

directly or indirectly owning and/or

controlling the applicant. In addition,

licensees must construct their facilities

and must be passing communications

traffic on all of assigned channel blocks

throughout their licensed service areas

by the end of the eighteenth month

since initial license grant. An extension

to the 18 month period of construction

will not generally be granted. If

construction is not timely completed,

the licensee’s authority to construct

additional links will be automatically

cancelled and forfeited, and the licensee

must notify the Commission as to which

links have been constructed so that

those links may be grandfathered.

8. For both the 37 GHz and 39 GHz

bands, the Commission proposes the

following procedure for establishing

eligibility to bid at auction. The

Commission proposes open eligibility

and does not intend to require that

applicants prove that they are

financially qualified. Applicants must

file a ‘‘short form,’’ i.e., FCC form 175,

by a date specified in the applicable

initial public notice. The short forms

would be reviewed for compliance with

the Commission’s rules. Timely-filed

applications would be classified as

either accepted for filing or incomplete

and this result would be announced by

public notice. Ex parte rules would be

waived as they apply to the submission

of amended short-form applications.

Applicants would not be permitted to

make any major modifications to their

applications until after the auction.

Applicants could modify their shortform applications to reflect the

formation of consortia or changes in

ownership at any time before or during

the auction, provided such changes

would not result in a change in control

of the applicant, and provided that

parties forming consortia or entering

into ownership agreements have not

applied for licenses in any of the same

geographic license areas. Applications

that are not signed would be dismissed

as unacceptable. Incomplete

applications must be resubmitted by the

resubmission deadline to correct minor

deficiencies. Late-filed applications

would be dismissed without the

opportunity to resubmit. If mutually

exclusive applications are not filed for

a license, then the Commission would

by public notice cancel the auction for

that license and establish a date for the

filing of a ‘‘long-form application,’’ i.e.,

FCC Form 600. Applicants whose

application for filing is ultimately

approved will tender in advance to the

Commission an upfront payment of

$2,500 or $0.02 per pop per MHz,

whichever is greater. Upfront payments

generally will be due no later than 14

days before the scheduled auction.

9. The design of the auction process

for both the 37 GHz and the 39 GHz

bands is proposed to be simultaneous

multiple round auctions. The minimum

bid increments and stopping rules will

be specified by public notice prior to the

auction. The Milgrom-Wilson activity

rule is tentatively proposed, but an

alternative activity rule may be used

instead and, if so, would be announced

by public notice prior to the start of the

auction. The duration of bidding rounds

would either be announced by public

notice prior to the auction or by

announcement during the auction. A

down payment of 20 percent must be

submitted by a date to be specified by

public notice, generally within 5

business days following the close of

bidding. All auction winners generally

would be required to make full payment

of the balance of their winning bids

with 5 business days following public

notice that the license is ready for grant.

Any bidder who withdraws a high bid

during an auction before the

Commission declares the bidding

closed, or defaults by failing to remit the

required down payment within the

prescribed time, would be required to

reimburse the U.S. Treasury in the

amount of the difference between its

high bid and the amount of the winning

bid the next time the license is offered

by the Commission, if the subsequent

winning bid is lower. After bidding

closes, a defaulting auction winner

would be assessed an additional

payment of 3 percent of the subsequent

winning bid or 3 percent of the amount

of the defaulting bid, whichever is less.

The Commission proposes to apply the

transfer disclosure requirements

contained in Section 1.2111(a).

10. The Commission proposes the

following provisions for designated

entities. A small business is defined as

entities with less than $40 million in

average annual gross revenues for the

preceding 3 years. Further, the same

affiliation and attribution rules for

calculating revenues that were adopted

in the broadband PCS and GWCS

proceedings are also proposed for this

service. A 10 percent bidding credit for

small businesses is proposed and the

bidding credit can be applied to any and

all of the 37 and 39 GHz licenses. Small

business licensees may elect to pay their

winning bid amount (less upfront

payments) in installments over 10 years,

with interest charges to be fixed at the

time of licensing at a rate equal to the

rate for ten year U.S. Treasury

obligations plus 2.5 percent. Installment

payments would be due on the

anniversary of the day the license was

granted. Timely payment of all

installments would be a condition of the

license grant and failure to make such

timely payments would be grounds for

revocation of the license. Small business

licensees will be permitted to make

interest-only installment payments

during the first two years of the license.

The down payment for small businesses

is proposed to be 5 percent of the

winning bid due five days after the

auction and 5 percent due five days

after the public notice that the license

is ready for grant. Comment is sought on

the appropriate transfer restrictions for

small businesses and on the proposal

not to adopt an entrepreneurs’ block.

11. In addition, the Commission

proposes that rural telephone

companies be permitted to partition

BTAs. Rural telephone companies are

defined as local exchange carriers

having 100,000 or fewer access lines,

including all affiliates. Rural telephone

companies would be permitted to

acquire partitioned licenses in either of

two ways: (1) they may form bidding

consortia consisting entirely of rural

telephone companies to participate in

the auctions, and then partition the

licenses won among consortia

participants; and (2) they may acquire

partitioned licenses from other licenses

through private negotiation and

agreement either before or after the
Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Proposed Rules 2469

auction. The partitioned areas must

conform to established geopolitical

boundaries and each area must include

all portions of the wireline service area

of the rural telephone company

applicant that lies within the service

area.

12. The application processing rules

contained in Parts 21 and 94 would be

used for the 37 GHz service (as well as

the 39 GHz service). Auction winners

will be required to file a long form by

a specific date, generally within 10

business days after the close of the

auction. If the winning bidder intends to

provide a common carrier service it

would file FCC Form 494, and if it

intends to provide a private use it

would file FCC Form 402. After the

Commission receives the winning

bidder’s down payment and the longform application, the long-form

application would be reviewed to

determine if it is acceptable for filing.

Upon acceptance for filing of FCC Form

494, a Public Notice announcing this

fact would be released, triggering the

filing window for petitions to deny. If

the Commission denies all petitions to

deny, and is otherwise satisfied that the

applicant is qualified, a Public Notice

announcing the grants will be issued.

Winning bidders would have five

business days after the issuance of the

Public Notice to complete payment of

their licenses. The Commission would

then have ten business days to grant the

licenses.

List of Subjects

47 CFR Part 1

Administrative practice and

procedure, Radio.

47 CFR Part 2

Radio.

47 CFR Part 21

Communications common carriers,

Communications equipment, Radio.

47 CFR Part 94

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96–1247 Filed 1–25–96; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 95–181, RM–8727]

Radio Broadcasting Services; Bagdad

and Chino Valley, AZ

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition for rule making

filed by 21st Century Radio Ventures,

Inc., permittee of Station KAKP(FM),

Channel 280A, Bagdad, Arizona,

requesting the substitution of Channel

280C3 for Channel 280A at Bagdad, the

reallotment of Channel 280C3 to Chino

Valley, Arizona, and modification of the

authorization for Station KAKP(FM) to

specify Chino Valley as its community

of license, pursuant to the provisions of

Section 1.420(g) and (i) of the

Commission’s Rules. Coordinates for

Channel 280C3 at Chino Valley are 34–

43–46 and 112–29–22. Chino Valley is

located within 320 kilometers (199

miles) of the United States-Mexico

border, and therefore, the Commission

must obtain concurrence of the Mexican

government to this proposal.

DATES: Comments must be filed on or

before March 11, 1996, and reply

comments on or before March 26, 1996.

ADDRESSES: Secretary, Federal

Communications Commission,

Washington, DC 20554. In addition to

filing comments with the FCC,

interested parties should serve the

petitioner, as follows: 21st Century

Radio Ventures, Inc., Attn.: James L.

Primm, President, 530 Wilshire Blvd.,

Suite 301, Santa Monica, CA 90401.

FOR FURTHER INFORMATION CONTACT: Nancy

Joyner, Mass Media Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

95–181, adopted December 11, 1995,

and released January 19, 1996. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC’s 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 contractors,

International Transcription Service,

Inc., (202) 857–3800, 2100 M Street,

NW., Suite 140, Washington, DC 20037.

Provisions of the Regulatory

Flexibility Act of l980 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.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 96–1423 Filed 1–25–96; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 95–180, RM–8730]

Radio Broadcasting Services; Ingalls,

KS

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition by Dana J.

Puopolo requesting the allotment of

Channel 242C1 to Ingalls, Kansas.

Channel 242C1 can be allotted to

Ingalls, Kansas, in compliance with the

Commission’s minimum distance

separation requirements without the

imposition of a site restriction. The

coordinates for Channel 242C1 at Ingalls

are 37–49–48 and 100–27–06.

DATES: Comments must be filed on or

before March 11, 1996, and reply

comments on or before March 26, 1996.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Dana J. Puopolo, 37 Martin

Street, Rehoboth, Massachusetts 02769

(Petitioner).

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

95–180, adopted December 8, 1995, and

released January 19, 1996. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC’s

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–