21380 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Rules and Regulations

serious inconsistency or otherwise

interfering with an action taken or

planned by another agency; (3)

materially altering the budgetary

impacts of entitlement, grants, user fees,

or loan programs; or (4) raising novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in this Executive

Order.

Pursuant to the terms of this

Executive Order, EPA has determined

that this rule is not ‘‘significant’’ and is

therefore not subject to OMB review.

Pursuant to the requirements of the

Regulatory Flexibility Act (Pub. L. 96-

354, 94 Stat. 1164, 5 U.S.C. 601-612),

the Administrator has determined that

regulations establishing new tolerances

or raising tolerance levels or

establishing exemptions from tolerance

requirements do not have a significant

economic impact on a substantial

number of small entities. A certification

statement to this effect was published in

the Federal Register of May 4, 1981 (46

FR 24950).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: April 29, 1996.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR, chapter I, part 180

is amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. In § 180.430 by revising paragraph

(b) to read as follows:

§ 180.430 Fenoxaprop-ethyl; tolerances for

residues.

* * * * *

(b) Time-limited tolerances, to expire

November 1, 1997, are established for

the combined residues of the herbicide

fenoxaprop-ethyl [(±) ethyl 2-[4-[(6-

chloro-2-

benzoxazolyl)oxy]phenoxy]propanoate]

and its metabolites [2-[4-[(6-chloro-2-

benzoxazoly)oxy]phenoxy]propanoic

acid and 6-chloro-2,3-

dihydrobenzoxazol-2-one], each

expressed as fenoxaprop-ethyl, in or on

the following raw agricultural

commodities:

Commodities Parts per

million

Cattle, fat .................................. 0.05

Cattle, meat .............................. 0.05

Cattle, mbyp .............................. 0.05

Goats, fat .................................. 0.05

Goats, meat .............................. 0.05

Goats, mbyp ............................. 0.05

Hogs, fat ................................... 0.05

Hogs, meat ............................... 0.05

Hogs, mbyp ............................... 0.05

Horses, fat ................................ 0.05

Horses, meat ............................ 0.05

Horses, mbyp ............................ 0.05

Milk ............................................ 0.02

Sheep, fat ................................. 0.05

Sheep, meat ............................. 0.05

Sheep, mbyp ............................. 0.05

Wheat, grain ............................. 0.05

Wheat, straw ............................. 0.05

[FR Doc. 96–11338 Filed 5–09–96; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 22 and 90

[WT Docket No. 96–18; PP Docket No. 93–

253; FCC 96–183]

Future Development of Paging

Systems and Implementation of

Section 309(j) of the Communications

Act; Competitive Bidding

AGENCY: Federal Communications

Commission.

ACTION: Interim measure; modification.

SUMMARY: In this First Report and Order

in WT Docket No. 96–18 and PP Docket

No. 93–253, the Commission modifies

the interim measures imposed in the

Notice of Proposed Rulemaking (NPRM)

in this docket. In the NPRM, the

Commission addressed how paging

applications should be treated during

the pendency of this rulemaking, and

imposed an across-the-board freeze on

new applications for paging licenses

with an exception for Common Carrier

Paging (CCP) and Private Carrier Paging

(PCP) licensees with nationwide

exclusivity. The Commission is

modifying the interim freeze imposed in

the NPRM by allowing all incumbent

paging licensees subject to the interim

freeze to apply for additional

transmission sites on the same channel,

on a primary basis, within 65 kilometers

(40 miles) of an operating transmission

site. An application must be

accompanied by a certification that the

applicant is an incumbent paging

licensee, and the proposed site is within

65 kilometers (40 miles) of an

authorized transmission site that was

licensed to the same applicant on the

same channel on or before February 8,

1996 and which is operational as of the

date the application for the additional

transmitter site is filed. All applications

filed by CCP incumbent licensees and

929 MHz PCP incumbent licensees on

exclusive channels will be put on Public

Notice to allow for competing

applications to be filed.

The Commission resumes processing

all pending non-mutually exclusive

applications that were filed by

incumbents with the Commission on or

before February 8, 1996. The February 8,

1996 freeze interrupted the 30 or 60 day

filing window in some cases. Therefore,

the Wireless Telecommunications

Bureau will release a Public Notice with

attached copies of the prior Public

Notices containing the pending paging

applications. All pending applications

filed by incumbents on or before

February 8, 1996 that were not on

Public Notice for the required 30 or 60

days, will be deemed to continue to be

on Public Notice for the remaining

amount of time until the required 30 or

60 day window for filing competing

applications expires.

The Commission’s objective in

modifying the interim freeze is to allow

the incumbent paging licensees the

flexibility needed to expand paging

systems to continue to serve their

customers and convert to flexible widearea synchronous protocol technology

during the interim period, while

preventing an increase in

telecommunications investment fraud.

EFFECTIVE DATE: May 10, 1996.

FOR FURTHER INFORMATION CONTACT:

Mika Savir, Commercial Wireless

Division, Wireless Telecommunications

Bureau, at (202) 418–0620.

SUPPLEMENTARY INFORMATION: This First

Report and Order in WT Docket No. 96–

18 and PP Docket No. 93–253, adopted

April 22, 1996, and released April 23,

1996, is available for inspection and

copying during normal business hours

in the FCC Reference Center, Room 230,

1919 M Street N.W., Washington D.C.

The complete text may be purchased

from the Commission’s copy contractor,

International Transcription Service,

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

Washington D.C. 20037, (202) 857–

3800)). Synopsis of First Report and

Order:

I. Background

1. In this docket, the Commission is

examining the paging regulations in

light of the statutory objective of

regulatory symmetry for all Commercial

Mobile Radio Services (CMRS)

established in the Omnibus Budget

Reconciliation Act of 1993, Pub. L. No.
Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Rules and Regulations 21381

103–66 (1993 Budget Act). The 1993

Budget Act amended the

Communications Act to divide all

mobile services into two categories,

CMRS and private mobile radio service

(PMRS), and mandated that

substantially similar mobile services

receive comparable regulatory

treatment. In the CMRS Third Report

and Order, Implementation of Sections

3(n) and 332 of the Communications

Act, GN Docket No. 93–252, Third

Report and Order, 59 FR 59945

(November 21, 1994) (CMRS Third

Report and Order), the Commission

concluded that CCP and PCP are

substantially similar services and

should be subject to comparable

regulation. Under Section 6002(c)(2)(B)

of the 1993 Budget Act, reclassified PCP

licensees retain their PMRS status on a

grandfathered basis until three years

after the date of enactment of the

legislation which occurred on August

10, 1993. PMRS paging services, as well

as CMRS paging services, are subject to

the interim and final measures in this

proceeding.

2. In the NPRM, Revision of Part 22

and Part 90 of the Commission’s Rules

to Facilitate Future Development of

Paging Systems and Implementation of

Section 309(j) of the Communications

Act—Competitive Bidding, WT Docket

No. 96–18, Notice of Proposed

Rulemaking, 61 FR 06199 (February 16,

1996) (NPRM), the Commission

proposed a transition to geographic

market area licensing for all paging

services. In the NPRM, the Commission

also proposed to adopt competitive

bidding rules for mutually exclusive

paging applications. Additionally, the

Commission suspended acceptance of

new applications for paging channels, as

of February 8, 1996. The Commission

allowed incumbents to make minor

modifications to their existing systems,

so long as the modifications did not

increase their composite interference

contour. The Commission also allowed

all licensees with nationwide

exclusivity to continue to add sites

without restrictions.

3. The Commission received

comments and reply comments on the

interim proposals. Based on the

arguments raised by the commenters,

the Commission concludes that partially

lifting the interim freeze for incumbent

licensees would be in the public

interest.

II. First Report and Order

A. Interim Freeze

4. In the NPRM, the Commission

requested comment on an expedited

basis on whether, during the pendency

of this proceeding, incumbents should

be allowed to file new applications to

expand or modify their existing systems

in a way that would expand their

existing interference contours, with

such modifications receiving only

secondary site authorization. The

Commission also requested comment

from interested parties on other

alternatives for allowing expansion or

modification of existing sites during the

interim period. Commenters offered

numerous suggestions for partially

lifting the freeze. The Commission

concurs with the commenters that

partially lifting the interim freeze is

necessary to allow incumbents

flexibility in serving their customers

and upgrading their equipment, and that

these additions or modifications should

be given primary, not secondary, status.

5. Commenters all generally oppose

the interim freeze, particularly for

incumbent licensees. Most of the

commenters also oppose secondary site

licensing, on the grounds that it would

discourage investment, encourage

speculation, and could result in future

loss of service to the public. Several

commenters propose that as an interim

measure incumbent licensees be

permitted to add sites to within 40 miles

of an operating site. Commenters also

offer other suggestions such as that

incumbents be allowed to add sites if

the service area of the new site overlaps

with existing authorized sites by a

minimum of 50 percent, or that they be

allowed to expand their systems as long

as the expansions do not interfere with

other current adjacent licensees.

6. Commenters also argue that the

freeze gives undue advantage to

nationwide carriers, while decreasing

the ability of the remainder of the

industry to compete. One commenter

noted that the paging freeze gives a

competitive edge to Personal

Communications Services (PCS).

Several commenters observed that the

paging industry is converting to a

flexible wide-area synchronous protocol

which requires additional sites.

7. A group of paging carriers and

paging equipment manufacturers, the

Coalition for a Competitive Paging

Industry (Coalition), filed an Emergency

Petition for immediate lifting of the

freeze. The Commission incorporates

the Petition into the record of this

proceeding. The Coalition also filed

reply comments on the interim licensing

issue, which make many of the same

arguments set forth in the Petition. To

the extent that the Commission grants

limited relief from the freeze for

incumbent licensees, the Petition is

granted. In all other respects, the

Commission denies the Petition. The

Coalition argues that the freeze is

unlawful, arbitrary and capricious, and

an abuse of discretion on the grounds

that: (1) There is insufficient spectrum

available on currently allocated paging

channels to accommodate additional

systems; (2) paging carriers who are

upgrading their technology are

prevented by the freeze from filing the

modification applications required to

implement their networks; and (3) the

Commission has discriminated against

carriers serving local and regional

markets by exempting nationwide

carriers from the freeze. The Coalition

also filed an ex parte letter proposing

that: (1) The Commission accept

applications filed by incumbents to

expand or modify existing systems; (2)

applications would be subject to Public

Notice and competing applications if

required under the rules in effect as of

February 7, 1996; (3) requests for

exclusivity on 929 MHz channels would

be granted in appropriate cases under

the rules in effect on February 7, 1996;

and (4) mutually exclusive applications

would not be processed until the

conclusion of the rulemaking unless the

parties could agree to eliminate mutual

exclusivity through agreement.

8. The Federal Trade Commission

(FTC) filed comments to, inter alia,

explain the extent of the

telecommunications investment fraud

associated with paging licenses.

According to the FTC, the investment

fraud is of two basic types: (1) License

‘‘application mills’’ that sell application

preparation services for acquisition of

wireless licenses for a fee of several

thousand dollars per license; and (2)

‘‘build-out’’ schemes, in which investors

are sold interests in limited liability

companies or partnerships that claim

they will acquire licenses and build and

operate telecommunications systems.

Both of these schemes are carried out by

telemarketers calling unsophisticated

consumers and deceiving them about

the profitability of the licenses, and the

consumers generally lose their entire

investment. In January 1996, the FTC

filed six actions as part of ‘‘Project

Roadblock’’ against the telemarketers

who sold application preparation and

acquisition services for paging licenses.

The FTC observes that in the

Commission’s database of pending 931

MHz applications, over 72 percent of

the applicants are individuals, rather

than businesses. The FTC also notes that

92 percent of license holders on 929

MHz channels are individuals.

According to the FTC, the high

percentage of individual applicants

strongly suggests that many of these

individuals are victims of the
21382 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Rules and Regulations

application mills. The FTC observes that

telemarketing fraud has caused the

Commission to process thousands of

license applications for consumers who

will never provide telecommunications

services to the public, and contributes

substantially to the backlog of pending

applications and the quantity of

mutually exclusive applications.

According to the FTC, the freeze against

accepting new applications has a strong

deterrent effect on application mill

fraud.

9. The Commission explains that it

rejects the arguments of the Coalition

and other commenters that the freeze is

unlawful because it was not based on

prior notice and comment. The

Commission notes that the suspension

of acceptance of applications is a

procedural action that does not require

notice and comment under the

Administrative Procedure Act (APA).

Additionally, the Commission notes that

it has imposed similar freezes without

prior notice and comment in other

rulemaking proceedings when there was

a proposal to make the transition to

geographic area licensing and auction

rules.

10. The Commission also rejects the

arguments of commenters that imposing

a freeze was arbitrary or an abuse of the

Commission’s discretion. The freeze

remains essential to ensure that the

goals of the rulemaking are not

compromised. The primary argument

raised by commenters against the freeze

is that there is limited ‘‘white space’’ to

be auctioned; however this contention is

undermined by the commenters’

argument that the freeze is causing

severe economic harm. If there were in

fact little or no white space left to be

licensed, maintaining the freeze would

have minimal impact. The Commission

notes that while paging channels are

heavily encumbered, there is some

available spectrum that is of

considerable value to applicants.

11. The Commission also states that

the freeze is necessary to combat

telemarketing schemes involving paging

application fraud. The FTC estimates

that fraudulent investment schemes

centered on acquiring FCC licenses for

wireless technologies have been the

most prevalent telemarketing

investment scams of the 1990s, costing

consumers hundreds of millions of

dollars. If the freeze were to be lifted, it

could inadvertently encourage a

resumption of fraudulent activity by

application mills seeking to induce

unsophisticated investors into filing

applications. The Commission also

stated a concern that the proposal to use

auctions in this service may stimulate

speculative activity by parties seeking to

warehouse free spectrum.

12. The Commission notes that the

commenters have raised valid reasons to

support partially lifting the freeze for

the remainder of the interim period: the

paging industry needs flexibility to

make modifications and additions to

systems to continue to serve their

customers; licensees are in the process

of converting to flexible wide-area

synchronous protocol technology to

increase data delivery speeds and

therefore require additional base

stations to maintain the existing service

area; and the nationwide carriers may

have a competitive advantage over the

non-nationwide incumbent licensees in

the local and regional markets. The

Commission concludes that the interim

freeze should be partially lifted for

incumbent paging licensees.

13. As of May 10, 1996, the

Commission is modifying the interim

freeze imposed in the NPRM, by

allowing all incumbent paging licensees

subject to the interim freeze to apply for

additional transmission sites on the

same channel, on a primary basis,

within 65 kilometers (40 miles) of an

operating transmission site. An

application will be accepted only if it is

accompanied by a certification that (1)

the applicant is an incumbent paging

licensee, and (2) the proposed site is

within 65 kilometers (40 miles) of an

authorized transmission site that was

licensed to the same applicant on the

same channel on or before February 8,

1996 and which is operational as of the

date the application for the additional

transmitter site is filed. The applications

from incumbent paging licensees on a

non-nationwide CCP channel and

incumbent paging licensees on an

exclusive PCP channel will be placed on

public notice and subject to competing

applications within the applicable filing

window.

14. The Commission states that while

it will accept initial applications as

described above only from incumbents,

but it will not limit eligibility to file

competing applications once the

incumbent’s initial application is filed.

If no competing application is filed, the

incumbent’s initial application can be

granted. If a competing application is

filed, both applications will be treated

as mutually exclusive and will be held

in abeyance until the conclusion of this

proceeding.

B. Interference Contour

15. In the NPRM, the Commission

stated that incumbent licensees on all

bands except the nationwide channels

could add sites to existing systems, or

modify existing sites during the

pendency of this rulemaking

proceeding, if the addition or

modification does not expand the

interference contour of the incumbent’s

existing system. The Commission stated

in a footnote that for such purposes, the

interference contour would be based on

a median field strength of 21 dBμV/m,

and referenced the proposed

mathematical formulas for calculating

the service and interfering contours for

paging systems.

16. The Commission’s reference to the

proposed formula to calculate the

interference contour during the interim

period caused some confusion among

the commenters. The commenters object

to the proposed formula to calculate the

interference contour during the interim

period because it would shrink their

current interference contour. The

commenters also contend that this

proposal was unlawful because it was

retroactive and was not subject to the

required notice and comment

procedures.

17. The Commission clarifies that it is

not applying the proposed interference

contour formula on a retroactive basis to

any current sites. For purposes of

interim licensing, incumbents may use

the interference contour defined under

the current rules to determine whether

internal sites may be added or modified.

The Commission notes that this will

allow 939 MHz licensees to make

internal system changes so long as they

do not expand the composite circular

interference contour of their existing

stations as defined in Section 22.537(f)

of the rules. The Commission also

clarifies that the tables in Section

22.537(f) may be used on an interim

basis by licensees on 929 MHz exclusive

channels to determine where stations

may be added.

C. Exempt Services

18. Commenters have asked the

Commission to clarify that the freeze

does not apply to Basic Exchange

Telecommunications Radio Systems

(BETRS), Special Emergency Radio

Service (SERS), and two-way mobile

telephone service on the two-way

channels listed in Section 22.561 and

these rural telephone channels should

be exempt from the freeze. The

Commission observes that this

proceeding was initiated to examine the

paging regulations in light of the

statutory objective of regulatory

symmetry for all CMRS established in

the 1993 Budget Act. BETRS are

licensed under the Rural

Radiotelephone Service, which is a

fixed service, not a mobile service, and

by definition is not CMRS.

Implementation of Sections 3(n) and
Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Rules and Regulations 21383

332 of the Communications Act, GN

Docket No. 93–252, Second Report and

Order, 59 FR 18493 (April 19, 1994)

(CMRS Second Report and Order).

Therefore, BETRS are not subject to the

interim paging freeze. Similarly,

conventional Rural Radiotelephone

Service provided on the channels listed

in Sections 22.561 and 22.563 is not a

mobile service, and is not subject to the

interim freeze in this proceeding. The

Commission is also exempting SERS

from the interim freeze.

D. Processing of Pending Applications

19. In this First Report and Order, the

Commission establishes consistent

procedures for processing applications

filed on or before February 8, 1996.

Pursuant to Sections 22.120(d) and

22.127, applications for 150 MHz and

450 MHz channels are placed on Public

Notice for 30 days, and applications for

931 MHz channels are on Public Notice

for 60 days to allow other applicants to

file competing applications. All

applications that were filed with the

Commission on or before February 8,

1996 have been on Public Notice;

however, the February 8, 1996 interim

freeze interrupted the 30 or 60 day filing

window in some cases. After the release

of this First Report and Order, the

Wireless Telecommunications Bureau

will release a Public Notice with

attached copies of the prior Public

Notices containing the pending paging

applications. Once the Public Notice is

released, all pending applications filed

by incumbents that were not on Public

Notice for the required 30 or 60 days

will be deemed to be on Public Notice

for the remaining amount of time until

the required 30 or 60 day period for

filing competing applications expires.

The Commission will not issue an

additional Public Notice for these

pending CCP applications. Upon

expiration of the remaining filing period

for these pending CCP applications filed

by incumbents, the applications that are

not mutually exclusive will be

processed.

20. All 929 MHz PCP exclusive

applications filed by incumbents which

were processed through the frequency

coordinator, and filed with the

Commission on or before February 8,

1996, and are not mutually exclusive,

will be processed. Applications for PCP

channels submitted by incumbents to

the frequency coordinator but not filed

with the Commission prior to February

8, 1996, may be resubmitted to the

frequency coordinator, and then may be

filed with the Commission, provided

that the applicant certifies that the

applicant is an incumbent licensee with

an operating system.

E. Canadian and Mexican Coordination

During the Interim Period

The Commission states that in cases

where coordination must be obtained in

Canadian or Mexican border areas,

licensees must continue to file

applications with the Commission to

allow for such coordination under the

interim licensing procedures.

III. Conclusion

22. The Commission concludes that

the revisions to the interim measures

adopted in this First Report and Order

will enable paging licensees to continue

expansion of their systems and enhance

the quality of service to the public while

this proceeding is pending. At the same

time, the limitations on new

applications during the interim period

will prevent spectrum warehousing and

deter application fraud. The

Commission emphasizes that the

measures set forth in this First Report

and Order are interim measures only,

and that the long-term proposals for

geographic licensing of paging channels

will be determined in the future.

IV. Procedural Matters and Ordering

Clauses

A. Regulatory Flexibility Analysis

As required by Section 604 of the

Regulatory Flexibility Act, the

Commission has prepared a Final

Regulatory Flexibility Analysis for the

Interim Measures in the First Report and

Order of the expected impact on small

entities of the modification of the

interim measures.

Statement of the Need for and

Objectives of Measures: In the First

Report and Order, the Commission is

modifying the interim measures,

specifically, the interim freeze on new

paging applications imposed in the

Notice of Proposed Rulemaking, to

permit incumbent paging licensees to

apply for additional licenses to add

transmission sites to existing paging

systems on the same channel as the

existing systems, provided that the

additional transmission site is within 65

kilometers (40 miles) from an operating

transmission site in the applicant’s

system. This modification of the interim

measure will allow paging companies

additional flexibility to expand their

systems during the interim period.

Summary of Significant Issues Raised

by Comments to the Initial Regulatory

Flexibility Analysis (IRFA): There were

no comments to the IRFA regarding the

interim measures.

All significant alternatives are

discussed in the First Report and Order.

B. Paperwork Reduction Act

This First Report and Order contains

a new information collection. The

Commission, as part of its continuing

effort to reduce paperwork burdens, has

submitted this to Office of Management

and Budget (OMB) for emergency

approval under the Paperwork

Reduction Act of 1995, Public Law 104–

13. The Commission has requested OMB

approval by April 29, 1996.

Further Information: For additional

information concerning the information

collections contained in this First

Report and Order, contact Dorothy

Conway at (202) 418–0217 or via the

Internet at dconway@fcc.gov.

Supplementary Information:

Title: Revision of Part 22 and Part 90

of the Commission’s Rules to Facilitate

Future Development of Paging Systems

and Implementation of Section 309(j) of

the Communications Act—Competitive

Bidding.

Type of Review: New Collection.

Respondents: Common Carrier Paging

licensees and Private Carrier Paging

licensees filing applications for

additional transmission sites.

Number of Respondents:

Approximately 2000.

Estimated Time Per Response:

Approximately 0.08 hours for each

respondent to read and sign the

certification.

Total Annual Burden: A burden of

approximately 160 hours.

Needs and Uses: On February 8, 1996,

the Commission adopted a Notice of

Proposed Rule Making (NPRM) that

examines ways to establish a

comprehensive and consistent

regulatory scheme that will simplify and

streamline licensing procedures and

provide a flexible operating

environment for both common carrier

and private paging services. The NPRM

imposed an interim across-the-board

freeze on new paging applications.

On April 22, 1996, the Commission

adopted the First Report and Order that

modified the interim freeze imposed in

the NPRM to allow the incumbents in

the paging industry the flexibility

needed to serve the public, and upgrade

to more spectrally efficient equipment.

The First Report and Order allows

incumbent common carrier paging and

private carrier paging licensees to

expand their current paging systems by

applying for additional transmission

sites on the same channel within 65

kilometers (40 miles) from their existing

operating transmission sites. This

modification of the interim measures is

limited to incumbent licensees. Paging

applicants must certify in writing that:

(1) The applicant is an incumbent
21384 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Rules and Regulations

paging licensee, and (2) the proposed

site is within 65 kilometers (40 miles) of

an authorized transmission site that was

licensed to the same applicant on the

same channel on or before February 8,

1996 and which is operational as of the

date the application for the additional

transmitter site is filed. This

modification of the interim measures is

effective May 10, 1996.

C. Ex Parte Rules—Non-Restricted

Proceeding

Ex parte presentations are permitted

except during the Sunshine Agenda

period, provided they are disclosed as

provided in the Commission’s rules, 47

CFR 1.1202, 1.1203, 1.1206(a).

D. Authority

The above action is authorized under

the Communications Act, §§ 4(i), 303(r),

309(c), 309(j), and 332, 47 U.S.C. 154(i),

303(r), 309(c), 309(j), and 332, as

amended.

E. Ordering Clauses

It is Ordered that, pursuant to the

authority of sections 4(i), 303(r), 309(c),

309(j), and 332 of the Communications

Act of 1934, as amended, 47 U.S.C.

154(i), 303(r), 309(c), 309(j), and 332,

this First Report and Order is adopted

and the interim freeze set forth in the

Notice of Proposed Rulemaking in this

docket is modified, effective May 10,

1996 as set forth herein.

It is further ordered that the

Emergency Petition for Immediate

Withdrawal of Freeze filed by the

Coalition for a Competitive Paging

Industry on February 28, 1996, is

granted to the extent discussed herein,

and denied in all other respects.

List of Subjects

47 CFR Part 22

Communication common carriers,

Reporting and recordkeeping

requirements.

47 CFR Part 90

Common carriers, Reporting and

recordkeeping requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96–11643 Filed 5–9–96; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

Radio Broadcasting Services; Various

Locations

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, on its own

motion, editorially amends the Table of

FM Allotments to specify the actual

classes of channels allotted to various

communities. The changes in channel

classifications have been authorized in

response to applications filed by

licensees and permittees operating on

these channels. This action is taken

pursuant to Revision of Section

73.3573(a)(1) of the Commission’s Rules

Concerning the Lower Classification of

an FM Allotment, 4 FCC Rcd 2413

(1989), and the Amendment of the

Commission’s Rules to permit FM

Channel and Class Modifications

[Upgrades] by Applications, 8 FCC Rcd

4735 (1993).

EFFECTIVE DATE: May 10, 1996.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, adopted April 26, 1996, and

released May 6, 1996. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the

Commission’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 Services,

Inc., 2100 M Street, NW., Suite 140,

Washington, DC 20037, (202) 857–3800.

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 Arkansas, is amended

by removing Channel 233A and adding

Channel 233C3 at West Helena.

3. Section 73.202(b), the Table of FM

Allotments under California, is

amended by removing Channel 276A

and adding Channel 276B1 at Oakhurst,

by removing Channel 286A and adding

Channel 286B1 at Pacific Grove, and by

removing Channel 239A and adding

Channel 242A at Twentynine Palms.

4. Section 73.202(b), the Table of FM

Allotments under Kansas, is amended

by removing Channel 284A and adding

Channel 284C3 at Fort Scott.

5. Section 73.202(b), the Table of FM

Allotments under Maine, is amended by

removing Channel 249A and adding

Channel 249B.

6. Section 73.202(b), the Table of FM

Allotments under Montana, is amended

by removing Channel 233C and adding

Channel 233C1 at Great Falls and by

removing Channel 257C and adding

Channel 257A at Red Lodge.

7. Section 73.202(b), the Table of FM

Allotments under Nebraska, is amended

by removing Channel 249A and adding

Channel 249C1 at Holdrege.

8. Section 73.202(b), the Table of FM

Allotments under New Mexico, is

amended by removing Channel 266C3

and adding Channel 266A at White

Rock.

9. Section 73.202(b), the Table of FM

Allotments under South Carolina, is

amended by removing Channel 232A

and adding Channel 232C3 at Goose

Creek.

Federal Communications Commission.

Andrew J. Rhodes,

Acting Chief, Allocations Branch, Policy and

Rules Division, Mass Media Bureau.

[FR Doc. 96–11763 Filed 5–9–96; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 95–153; RM–8702]

Radio Broadcasting Services;

Tillamook, OR

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Brian Lord, allots Channel

231A to Tillamook, OR, as the

community’s second local FM

transmission service. See 60 FR 55358,

October 31, 1995. Channel 231A can be

allotted to Tillamook in compliance

with the Commission’s minimum

distance separation requirements with a

site restriction of 5.8 kilometers (3.6

miles) west, at coordinates 45–27–27

North Latitude; 123–55–00 West

Longitude, to avoid a short-spacing to

Station KPDQ-FM, Channel 229C,

Portland, Oregon. Canadian concurrence

in the allotment has been received since

Tillamook is located within 320

kilometers (200 miles) of the U.S.-

Canadian border. With this action, this

proceeding is terminated.

DATES: Effective June 17, 1996. The

window period for filing applications

will open on June 17, 1996, and close

on July 18, 1996.