Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34375

Handbook. This book of guidelines

describes in detail the inmate’s rights,

privileges, protection and safety,

cleanliness and sanitation, and general

health and nutritional standards. The

Inmate Handbook describes the

emergency evacuation procedures,

medical, counseling, rehabilitation

services, visitation procedures, and

other appropriate information. The

Inmate Handbook is published by the

Director, Office of Law Enforcement

Services and maintained by the

detention facility administrator at each

facility location.

§ 10.10 What happens if I believe my civil

rights have been violated while incarcerated

in an Indian country detention or holding

facility?

All allegations of civil rights

violations must be reported immediately

to the Internal Affairs Branch of the

Office of Law Enforcement Services.

This office will ensure that such

allegations are immediately reported to

the Civil Rights Division of the U.S.

Department of Justice through

established procedures. The BIA

Internal Affairs Branch may also

investigate alleged violations and make

recommendations for additional action

as necessary. Detailed instructions on

the procedure to report violations can be

found in the Inmate Handbook.

§ 10.11 How would someone detained or

incarcerated, or their representative, get the

BIA policies and standards?

At each detention, Inmate Handbook,

or holding facility located in a tribal

jurisdiction where federal funds are

used for operations or maintenance

programs, the BIA’s policies, standards,

and procedures will be made available

upon request. The Inmate Handbook

will be made available to all persons at

the time they are incarcerated or

detained in a facility. There may be

times when this may be delayed due to

the physical or mental condition of the

person at time of incarceration. In these

cases, the Inmate Handbook will be

made available when the person is

deemed receptive and cognizant by the

detention officer in charge. All policies,

standards, procedures, and guidelines

are available at each facility to the

public or by writing to the Director,

Office of Law Enforcement Services.

Dated: May 28, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–16042 Filed 7–1–96; 8:45 am]

BILLING CODE 4310–02–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 22 and 90

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

253; FCC 96–260]

Future Development of Paging

Systems; Implementation of Section

309(J) of the Communications Act—

Competitive Bidding

AGENCY: Federal Communications

Commission.

ACTION: Final Rule; Order on

Reconsideration of Interim Rules.

SUMMARY: In this Order on

Reconsideration in WT Docket No. 96–

18 and PP Docket No. 93–253, the

Commission modifies the First Report

and Order in this docket by expanding

the number of licensees that can modify

their paging systems by adding sites,

due to the paging industry’s claims that

such relief is necessary to allow paging

operators to meet customer needs and

improve service to the public while this

rulemaking is pending. The Commission

will allow applications for additional

sites by incumbent licensees who had

filed paging applications by October 1,

1995, rather than February 8, 1996, thus

expanding the potential number of

paging licensees that can expand their

systems.

EFFECTIVE DATE: July 2, 1996.

FOR FURTHER INFORMATION CONTACT:

Mika Savir or Rhonda Lien, Commercial

Wireless Division at (202) 418–0620.

SUPPLEMENTARY INFORMATION: This

Order on Reconsideration in WT Docket

No. 96–18, PP Docket No. 93–253,

adopted June 10, 1996 and released June

11, 1996, is available for inspection and

copying during normal business hours

in the FCC Reference Center, Room 230,

1919 M Street N.W., Washington, DC.

The complete text may be purchased

from the Commission’s copy contractor,

International Transcription Service,

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

Washington DC., 20037, (202) 857–3800.

Synopsis of Order on Reconsideration

of First Report and Order:

I. Background

In the Notice of Proposed Rulemaking

(NPRM), 61 FR 06199, February 16,

1996, the Commission suspended

acceptance of new paging applications

governed by parts 22 and 90 of the

Commission’s rules in conjunction with

a proposal to convert from site-by-site

licensing of paging channels to licensing

on a geographic area basis. In the First

Report and Order (First R&O), 61 FR

21380, May 10, 1996, the Commission

adopted interim measures allowing

incumbents on non-nationwide paging

channels to apply for new sites to

expand existing systems, subject to

certain limitations, during the pendency

of the rulemaking proceeding. On its

own motion, the Commission makes

certain modifications to the interim

licensing rules established by the First

R&O, as discussed below.

In the First R&O, the Commission

allowed incumbents to expand the

geographic coverage of their systems by

adding transmission sites to their

systems within a defined distance of

existing, operating sites. Specifically,

the First R&O provided that applications

could be filed for new sites provided

that the applicant certifies that the

proposed site is within 65 kilometers

(40 miles) of an operating site licensed

to the same applicant on the same

channel prior to the NPRM, that is,

February 8, 1996. Thus, under the terms

of the First R&O, incumbents may not

use sites licensed after February 8, 1996

as the basis for filing applications for

additional expansion sites under the

interim rules.

II. Order on Reconsideration

At the time the Commission adopted

the NPRM, the Wireless

Telecommunications Bureau (Bureau)

was engaged in reducing a significant

backlog of pending paging applications,

primarily in the 931 MHz band, many

of which had been pending for a year or

more. Since the NPRM was adopted, the

Bureau has significantly reduced the

backlog by processing all non-mutually

exclusive applications filed through

September 30, 1995. In ex parte

presentations and in comments filed

with the Commission, incumbent paging

operators have argued that the

processing backlog delayed licensing of

sites that otherwise would have been

granted prior to February 8, 1996.

Accordingly, these commenters contend

that they should not be precluded from

using these newly licensed sites as a

basis for expansion.

III. Discussion

The Commission agrees that because

of the time it has taken to process

certain paging applications, it should

allow incumbents to use some sites that

were not licensed as of February 8, 1996

as a basis for expansion. Due to the large

number of 931 MHz applications filed

in the past few years, the Bureau has

developed a computer software program

to identify and process non-mutually

exclusive applications. The Bureau

began using the program to process

backlogged applications in mid-1995.

However, some applications for 931
34376 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

MHz licenses that were filed as early as

January 1995 were still pending on

February 8, 1996. The Bureau recently

completed its computer run of 931 MHz

applications filed between January 1

and September 30, 1995. The results of

the run identified about 2,500

applications that were not mutually

exclusive and are to be granted, if the

applications are otherwise complete,

eliminating most of the remaining

application backlog. The Commission

believes that the recipients of these

license grants should be allowed to

expand their systems based on these

sites, as long as the licensed sites are

operational at the time the expansion

applications are filed. Therefore, the

Commission will allow incumbents to

expand 65 kilometers (40 miles) from

sites for which applications were filed

as of September 30, 1995, whether or

not such applications were granted prior

to February 8, 1996. This change to the

Commission’s interim measures will

benefit applicants most affected by

delays prior to adoption of the NPRM.

IV. Procedural Matters and Ordering

Clauses

A. Regulatory Flexibility Act

As required by Section 604 of the

Regulatory Flexibility Act, the

Commission has prepared a Final

Regulatory Flexibility Analysis of the

expected impact on small entities of the

modification of the interim rules set

forth in this Order on Reconsideration.

Statement of the Need for and

Objectives of Interim Rules: In this

Order on Reconsideration, 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

rule 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 rules.

All significant alternatives are

discussed in the Order on

Reconsideration.

B. 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,

and effective upon publication of this

Order on Reconsideration in the Federal

Register, the interim rules set forth in

the First Report and Order in this docket

are modified as set forth herein.

List of Subjects

47 CFR Part 22

Communications common carriers.

47 CFR Part 90

Common carriers.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96–16874 Filed 7–1–96; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 36

[CC Docket 96–45; FCC–96–281]

Federal-State Joint Board on Universal

Service

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This Report and Order

extends the duration of the indexed

interim cap (‘‘interim cap’’) on the rate

of growth of the Universal Service Fund

(‘‘USF’’), amending the Commission’s

rules regarding jurisdictional

separations. This action will moderate

the growth of the USF while the

Federal-State Joint Board on Universal

Service and the Commission consider

changes to the universal service rules.

The interim cap is extended in order to

facilitate the transition to any new

universal service rules that are adopted

consistent with the mandates of the

Telecommunications Act of 1996.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT: Pam

Szymczak, Accounting and Audits

Division, Common Carrier Bureau at

(202) 418–0389.

SUPPLEMENTARY INFORMATION: This

Report and Order adopts the

Recommended Decision of the FederalState Joint Board on Universal Service,

FCC 96J–1 (released June 19, 1996) and

extends the interim cap on the growth

of the Universal Service Fund. The

Report and Order extends the interim

cap until the Commission’s final rules

on universal service, to be adopted on

or before May 8, 1997, become effective.

The Federal-State Joint Board

recommended, and the Commission

concurs in the Report and Order, that

extending the duration of the cap will

facilitate a transition to any new

universal service rules that may be

implemented pursuant to the

Telecommunications Act of 1996, Pub.

L. No. 104–104, 110 Stat. 56 (1996). For

all the reasons stated in the Report and

Order, the Commission finds good cause

for making the rule amendments

effective on less than 30 days notice.

The Notice of Proposed Rulemaking

initiating this proceeding was released

March 8, 1996 (FCC 96–93).

List of Subjects in 47 CFR Part 36

Communications common carriers,

Telephone and Uniform System of

Accounts.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Part 36 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 36—JURISDICTIONAL

SEPARATIONS PROCEDURES;

STANDARD PROCEDURES FOR

SEPARATING

TELECOMMUNICATIONS PROPERTY

COSTS, REVENUES, EXPENSES,

TAXES AND RESERVES FOR

TELECOMMUNICATIONS COMPANIES

1. The authority citation for Part 36

continues to read as follows:

Authority: 47 U.S.C. Secs. 151, 154 (i) and

(j), 205, 221(c), 403 and 410.

2. Section 36.601 is amended by

revising paragraph (c) to read as follows:

§ 36.601 General.

* * * * *

(c) During an interim period

commencing on January 1, 1994, and

terminating on the effective date of the

Commission’s universal service rules, to

be adopted in CC Docket 96–45 on or

before May 8, 1997, the annual amount

of the total Universal Service Fund shall

not exceed the amount of the total

Universal Service Fund for the

immediately preceding calendar year,

increased by a rate equal to the rate of

increase in the total number of working

loops nationwide during the calendar

year preceding the June filing. The total

Universal Service Fund shall consist of

the Universal Service expense

adjustments, including amounts

calculated pursuant to §§ 36.612(a) and

36.631. The rate of increase in total

working loops shall be based upon the