25184 Federal Register / Vol. 61, No. 98 / Monday, May 20, 1996 / Proposed Rules

Inc., at (202) 857–3800, 2100 M Street,

NW, Suite 140, Washington, DC 20037.

Synopsis of Order and Notice of

Proposed Rule Making

The Commission responds to two

pleadings, a Petition for Reconsideration

and Clarification, and a Motion for

Extension of Time, filed by twenty

organizations (including the Minority

Media and Telecommunications

Council), concerning the Commission’s

Order and Notice of Proposed Rule

Making, 11 FCC Rcd 5154 (1996), MM

Docket No. 96–16, 61 FR 9964 (March

12, 1996). In the Petition for

Reconsideration and Clarification,

among other things, Petitioners argue

that, because the NPRM has the effect of

rejecting proposals previously

submitted to the Commission, the

NPRM is a final action against which

petitions for reconsideration may be

filed pursuant to Section 1.429 of the

Commission’s Rules. They also argue

that the Commission should amend the

NPRM to include various proposals set

forth in the Petition, as well as revise

language in the NPRM to clarify that it

is soliciting comment in support of

increased, as well as reduced, EEO

requirements. In the Motion for

Extension of Time, Petitioners request

that the Commission extend the date for

submission of comments in response to

the NPRM to two months following the

issuance of an order reconsidering and/

or clarifying the NPRM. They contend

that without such an order they would

be unable to develop thorough and

meaningful comments to the NPRM. In

addition, Petitioners assert that their

present resources are severely limited

by, among other things, their

involvement in proceedings concerning

the Telecommunications Act of 1996.

2. The Commission rejects Petitioners’

argument that the NPRM is a final

action, finding that the NPRM did not

implement any rule or reject any

proposals presently pending before the

Commission, and, accordingly,

dismisses the Petition for

Reconsideration. See 47 CFR 1.429. The

Commission grants the Petition for

Clarification in part and otherwise

denies it. The Commission states that

‘‘[t]he proposals in the NPRM sought to

further the objectives of our EEO Rule

and policies while minimizing undue

regulatory burdens on broadcasters. We

encourage Petitioners to submit with

their comments any alternatives to the

proposals that further these goals.’’

Finally, the Commission finds that the

public interest favors grant of the

motion for extension of time, and,

therefore, the Commission extends the

comment and reply comment dates to

July 1, 1996, and July 31, 1996,

respectively.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96–12588 Filed 5–17–96; 8:45 am]

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47 CFR Part 64

[CC Docket No. 96–112; FCC 96–214]

Allocation of Costs Associated With

Local Exchange Carrier Provision of

Video Programming Services

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: In the NPRM, the Commission

would define the goals of our cost

allocation rules and of the 1996 Act.

Guided by these goals, the NPRM would

seek specific comment on allocating

certain categories of incumbent local

exchange carriers’ plant between

regulated Title II and nonregulated

(non-Title II) activities. Particular

attention would be directed to the

allocation of loop facilities, all of which

have been allocated to regulated

activities in the past. The intended

effect of this action is to revise the

Commission’s rules regarding cost

allocation to accommodate the

provision of nonregulated and non-Title

II services that share outside plant

facilities with regulated services.

DATES: Comments must be submitted on

or before May 28, 1996. Reply

comments are due on or before June 7,

1996.

ADDRESSES: Federal Communications

Commission, 1919 M St., N. W.,

Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:

Andrew Mulitz, Attorney/Advisor

Accounting and Audits, Common

Carrier Bureau, (202) 418–0850.

SUPPLEMENTARY INFORMATION:

1. This is a summary of the

Commission’s Notice of Proposed

Rulemaking adopted May 10, 1996, and

released May 10, 1996. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the FCC

Dockets Branch (Room 239), 1919 M St.,

N.W., Washington, D.C. The complete

text of this decision may also be

purchased from the Commission’s copy

contractor, International Transcription

Services, Inc., 202 857–3800, 1990 M

Street, N.W., Suite 246, Washington,

D.C. 20554.

Regulatory Flexibility Analysis

2. We have determined that Section

605(b) of the Regulatory Flexibility Act

of 1980, 5 U.S.C. 605(b) does not apply

to this rulemaking proceeding because if

promulgated, it would not have a

significant economic impact on a

substantial number of small entities.

The definition of a ‘‘small entity’’ in

Section 3 of the Small Business Act

excludes any business that is dominant

in its field of operation. Although some

of the local exchange carriers that will

be affected are very small, local

exchange companies do not qualify as

small entities because they have a

nationwide monopoly on ubiquitous

access to the subscribers in their service

area. The Commission has found all

exchange carriers to be dominant in the

Competitive Carrier proceeding. 85 FCC

2d 1, 23–24 (1980). To the extent that

small telephone companies will be

affected by these rules, we hereby

certify that these rules will not have a

significant economic effect on a

substantial number of ‘‘small entities.’’

Although we do not find that the

Regulatory Flexibility Act is applicable

to this proceeding, this Commission has

an ongoing concern with the effect of its

rules and regulations on small business

and the customers of the regulated

carriers as is evidenced by this

proceeding.

Ordering Clause

Accordingly, IT IS ORDERED that,

pursuant to Sections 302 and 703 of the

1996 Act, and sections 1, 4(i), 4(j), 201,

215, 218 and 220 of the

Communications Act of 1934, as

amended, 47 U.S.C. 151, 154(i), 154(j),

201, 215, 218, 220), a Notice of

Proposed Rulemaking is hereby

ADOPTED.

It is further ordered that the Secretary

shall send a copy of this Notice of

Proposed Rulemaking, including the

Regulatory Flexibility Certification, to

the Chief Counsel for Advocacy of the

Small Business Administration, in

accordance with paragraph 603(a) of the

Regulatory Flexibility Act, 5 U.S.C. 601

et seq. (1981).

List of Subjects in 47 CFR Part 64

Communications common carriers,

Telephone.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96–12586 Filed 5–17–96; 8:45 am]

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