2452 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations

1Order, RM–8553, DA 95–2341, released

November 13, 1995.

2Whenever the 60-day ‘‘cut-off’’ date for an

application occurs on or after the processing

‘‘freeze’’ date of November 13, 1995, we will hold

the application in abeyance. This will assure

fairness to potential applicants who were precluded

by the freeze from filing competing applications in

time to be entitled to comparative consideration.

Accordingly, all 39 GHz applications placed on

public notice on or after September 14, 1995, will

be treated for purposes of interim processing as if

they were mutually exclusive. See 47 C.F.R.

§§ 21.27, 21.31(b).

unlikely event that conditions at the site

warrant such action. Deletion of a site

from the NPL does not affect responsible

party liability or impede Agency efforts

to recover costs associated with

response efforts.

List of Subjects in 40 CFR Part 300

Air pollution control, Chemicals,

Hazardous substances, Hazardous

Waste, Intergovernmental relations,

Penalties, Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

PART 300—[AMENDED]

1. The authority citation for Part 300

continues to read as follows:

Authority: 42 U.S.C. 9601–9657; 33 U.S.C.

1321(c)(2); E.O. 12777, 56 FR 54757, 3 CFR,

1991 Comp.; p.351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp.; p. 193.

Appendix B—[Amended]

2. Table 1 of appendix B to part 300

is amended by removing the entry for

‘‘Anderson Development Co.’’ at Adrian,

Michigan.’’

Dated: October 18, 1996.

Michelle Jordan,

Acting Regional Administrator, U.S. EPA,

Region V.

[FR Doc. 96–1398 Filed 1–25–96; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 21 and 94

[FCC 95–500]

Fixed Point-to-Point Microwave

Service

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: By this Order portion of the

Notice of Proposed Rule Making and

Order, the Commission generally holds

in abeyance and will not process

pending applications for frequency

assignments in the 38.6–40.0 GHz (39

GHz) band that are mutually exclusive

with other applications or that were still

within the 60-day period for filing

mutually exclusive applications as of

November 13, 1995. Further, the

Commission holds in abeyance and will

not process modification applications

for 39 GHz licenses filed on or after

November 13, 1995, unless the

application meets certain requirements

as discussed in the summary below. The

Commission takes this action to stop

processing mutually exclusive or

potentially mutually exclusive

applications under outdated licensing

rules in anticipation of the adoption of

new licensing rules.

EFFECTIVE DATE: December 15, 1995.

FOR FURTHER INFORMATION CONTACT: Tom

Mooring, Office of Engineering and

Technology, (202) 418–2450.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Order,

adopted and released December 15,

1995. The complete Notice of Proposed

Rule Making and Order is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, N.W.,

Washington, D.C., and also may be

purchased from the Commission’s

duplication contractor, International

Transcription Service, (202) 857–3800,

2100 M Street, N.W., Suite 140,

Washington D.C. 20037.

Summary of Order

1. In the companion Notice of

Proposed Rule Making (‘‘Notice’’) in this

proceeding, the Commission proposed

to amend the licensing and technical

rules for fixed point-to-point microwave

operations in the 39 GHz band. On

November 13, 1995, pursuant to

delegated authority, the Wireless

Telecommunications Bureau (Bureau)

ordered that no additional applications

for 39 GHz frequency assignments

would be accepted for filing as of the

date of the Bureau’s order pending the

outcome of this proceeding.1 The

Bureau observed that over 2,100

applications for 39 GHz licenses had

been filed since January 1995, and noted

that the increasing number of

applications filed pursuant to the

existing rules was a burden on

Commission resources and could inhibit

the Commission’s ability to update the

regulatory structure of this service in

light of today’s marketplace conditions.

The Bureau also stated that the freeze

does not apply to applications for

assignment or transfer of control of

license. Likewise, the Commission

stresses that the interim policy

described below will not apply to

assignment or transfer of control

applications, which will continue to be

processed under existing procedures.

2. With respect to previously filed 39

GHz applications now pending before

the Commission, the Commission took

the following action. Pending

applications will be processed if (1) they

were not mutually exclusive with other

applications at the time of the Bureau’s

Order, and (2) the 60-day period for

filing mutually exclusive applications

expired prior to November 13, 1995.

The Commission concluded that

processing pending applications against

which no competing application has

been timely filed will not impede the

goals of this proceeding and can be

accomplished without significant

burden on Commission resources. The

Commission also proposed to apply to

all licenses granted under this

procedure the same revised construction

threshold and grandfathering

requirements that it proposed to apply

to incumbent 39 GHz licensees who

received license grants prior to this

Notice.

3. With respect to all other pending

applications (i.e., those that were

subject to mutual exclusivity or still

within the 60-day period as of

November 13), the Commission

concluded that processing and

disposition should be held in abeyance

during the pendency of this

proceeding.2 First, resolving mutually

exclusive applications requires greater

expenditure of Commission resources

than processing uncontested

applications. Second, the Commission is

concerned that attempting to award

licenses in mutually exclusive

situations under its current rules could

lead to results that are inconsistent with

the objectives of this proceeding.

Therefore, the Commission will not

process these applications (or any

amendments thereto filed on or after

November 13, 1995) at this time, but

intends to determine whether to process

or return them, as appropriate, at the

conclusion of this proceeding. The

Commission solicits comment on how

these applications that will be held in

abeyance should later be treated if new

licensing and service rules are

ultimately adopted in this proceeding.

4. Also in regard to pending

applications for 39 GHz licenses,

amendments received on or after

November 13, 1995 will be held in

abeyance during the pendency of this

proceeding. The Commission will

similarly hold in abeyance those

applications for modification of existing

39 GHz licenses filed on or after

November 13, 1995, or modification
Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations 2453

3See Neighborhood TV Co., Inc. v. FCC, 742 F.2d

629 (D.C. Cir. 1984); Buckeye Cablevision, Inc. v.

United States, 438 F.2d 948 (6th Cir. 1971); Kessler

v. FCC, 326 F.2d 673 (D.C. Cir. 1963).

application amendments filed on or

after that date, and will not accept for

filing any additional such modification

applications and amendments, but for

the following limited exception which

will afford existing licensees alternative

means of meeting the threshold

construction requirement. To be

acceptable for filing, modification

applications or amendments to them

must meet both of the following criteria:

• Do not involve any enlargement in

any portion of the proposed area of

operation; and

• Do not change frequency blocks,

other than to delete a frequency

block(s).

5. Accordingly, it is ordered, That

pending applications for new 39 GHz

frequency assignments or for

modification to 39 GHz licenses shall be

held in abeyance and not processed

until further notice, except as otherwise

indicated in paragraphs 1 through 4

above. It is further ordered, That

applications for modification of 39 GHz

licenses or amendments to pending 39

GHz applications shall not be accepted

for filing until further notice, except as

indicated in paragraphs 1 through 4

above. The imposition of these changes

in application processing is procedural

in nature and, therefore, is not subject

to the notice and comment and effective

date requirements of the Administrative

Procedure Act.3 In any event, good

cause exists for imposing immediately

the processing changes without

following these requirements because

the changes are necessary to avoid

impeding the purpose of any new rules

adopted in this proceeding.

List of Subjects

47 CFR Part 21

Communications common carriers,

Radio.

47 CFR Part 94

Communications equipment, Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96–1246 Filed 1–25–96; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 95–85; RM–8518]

Radio Broadcasting Services;

Copeland, KS

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Greater Plains Christian

Radio, Inc., allots Channel *280C1 to

Copeland, Kansas, as a reserved channel

for noncommercial use, to provide the

community with an additional FM

service. See 60 FR 32935, June 26, 1995.

Channel *280C1 can be allotted to

Copeland, Kansas, in compliance with

the Commission’s minimum distance

separation requirements without the

imposition of a site restriction. The

coordinates for Channel *280C1 at

Copeland are 37–32–31 and 100–37–45.

With this action, this proceeding is

terminated.

DATES: Effective March 4, 1996. The

window period for filing applications

will open on March 4, 1996, and close

on March 19, 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. 95–85,

adopted December 7, 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 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 Kansas, is amended

by adding Channel *280C1 at Copeland.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 96–1420 Filed 1–25–96; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 95–43; RM–8580]

Radio Broadcasting Services; Grand

Junction, CO

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

264C1 to Grand Junction, Colorado, as

that community’s fifth local FM

transmission service, in response to a

petition for rule making filed on behalf

of Grand Valley Public Radio Company,

Inc. See 60 FR 19560, April 19, 1995.

Coordinates used for Channel 264C1 at

Grand Junction are 30–04–06 and 108–

33–00. With this action, the proceeding

is terminated.

DATES: Effective March 4, 1996. The

window period for filing applications

will open on March 4, 1996, and close

on March 19, 1996.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180. Questions related to the

window application filing process for

Channel 264C1 at Grand Junction,

Colorado, should be addressed to the

Audio Services Division, FM Branch,

(202) 418–2700.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 95–43,

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, located at 1919 M Street, NW.,

Room 246, or 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: