32710 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

SUPPLEMENTARY INFORMATION:

Background

The portion of the final rule that is the

subject of this correction, supersedes

paragraph six of the rules section on the

effective date and affects persons who

amend applications for assignment or

transfer of authorizations for radio

systems above 800 MHz under Part 90

of Chapter I of Title 47 of the Code of

Federal Regulations.

Need for Correction

As published, the final rule contains

errors which may prove misleading and

need clarification.

Correction of Publication

Accordingly, the publication on

February 16, 1996 of the final rule,

which is the subject of FR Doc. 96–3509,

is corrected as follows:

§ 90.609 (Corrected)

On page 6155, in the second column,

in instruction paragraph 6., in line

three, the words ‘‘introductory text’’ are

removed.

Federal Communications Commission.

David Furth,

Acting Chief, Commercial Wireless Division,

Wireless Telecommunications Bureau.

[FR Doc. 96–13792 Filed 6–24–96; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 95

[WT Docket No. 95–47; FCC 96–224]

Permitting Mobile Operation in the

Interactive Video and Data Service

(IVDS)

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission has

amended its rules to permit IVDS

licensees to provide mobile service to

subscribers. This action authorizes

mobile operation of response transmitter

units (subscriber units) operated with an

effective radiated power of 100

milliwatts or less. The Commission also

eliminated the IVDS ‘‘duty cycle’’

requirement for operations outside of

TV channel 13 Grade B contours. The

Commission found that these

amendments would provide additional

flexibility for IVDS licensees to meet the

communications needs of the public

without increasing the likelihood of

interference.

EFFECTIVE DATE: July 25, 1996.

FOR FURTHER INFORMATION CONTACT: Eric

Malinen, Wireless Telecommunications

Bureau, telephone (202) 418–0638, email at emalinen@fcc.gov

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, adopted May 16, 1996, and

released May 30, 1996. The full text of

this Commission action, including the

rule amendments and Final Regulatory

Flexibility Analysis, 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. The full text of this

Report and Order may also be

purchased from the Commission’s copy

contractor, International Transcription

Services, Inc., 2100 M Street, N.W.,

Suite 140, Washington, D. C. 20037,

telephone (202) 857–3800. Last, the full

text may be obtained from the FCC’s

internet World Wide Web home page,

http://www.fcc.gov

Summary of Report and Order

1. On April 13, 1995, the Commission

adopted a Notice of Proposed Rule

Making, 60 FR 25193 (May 11, 1995),

proposing, inter alia, to allow IVDS

licensees to provide mobile service to

subscribers on an ancillary basis. By this

Report and Order, and in light of the

development of the industry and the

views of a majority of the commenters,

the Commission amends Part 95 of the

rules to authorize fully mobile operation

in addition to fixed operation for IVDS

response transmitter units (RTUs)

operated with an effective radiated

power of 100 milliwatts or less. This

action will enable licensees to respond

more accurately to the public’s preferred

choices of interactive services and to

offer a broader array of services.

2. Recognizing that allowing mobile

operations increases the interference

potential with respect to the operations

of licensees in other services, the

Commission concludes that the lower

power limit of 100-milliwatts is

appropriate. The limit applies even to

mobile RTUs located both within the

IVDS licensee’s service area and outside

a TV channel 13 predicted Grade B

contour. In addition, as suggested by

commenters, this 100-milliwatt limit is

specified in terms of mean power. The

Commission also concludes that no

change to the power limit for fixed

operations is necessary.

3. Given the development of IVDS and

the Commission’s current reexamination

of the parameters of the duty cycle rule,

the Commission also eliminates the

duty cycle requirement for both fixed

and mobile operations in IVDS service

areas where no TV channel 13 predicted

Grade B contour overlap exists. In such

areas, TV channel 13 operations have no

expectation to protection from

interference. The Commission also

eliminates the duty cycle in areas where

there is overlap, for fixed RTUs located

within the IVDS licensee’s service area,

but outside the TV channel 13 predicted

Grade B contour. In such areas, the

interference potential is minimal,

rendering the duty cycle restriction

unnecessary. The duty cycle

requirement is retained for mobile RTUs

located within the IVDS licensee’s

service area, but outside the TV channel

13 predicted Grade B contour.

4. The Commission also adopts its

proposal to allow indirect RTU-to-RTU

operations, but will continue to prohibit

direct RTU-to-RTU operations.

Protecting TV channel 13 from

interference is a primary concern in

regulating IVDS, and direct RTU-to-RTU

operation would increase the potential

for such interference. Further, the

Commission eliminates the requirement

that RTUs operating at 100 milliwatts or

less incorporate automatic power

control. Finally, the Commission

permits direct CTS-to-CTS

communications (fixed point-to-point

communications) on a primary basis,

finding that such fixed operation can be

designed to eliminate potential

interference to TV channel 13

operations and does not present the

interference potential presented by

direct RTU-to-RTU operations.

5. The Commission declines to permit

IVDS interconnection with the public

switched network. This determination is

consistent with retaining IVDS as a

private, although newly mobile, radio

service.

6. The amended rules are set forth

below, effective July 25, 1996.

7. This Report and Order and the rule

amendments are issued under the

authority contained in 47 U.S.C.

§§ 154(i), 303 (b), and 303 (r).

List of Subjects in 47 CFR Part 95

Communications equipment,

Interactive Video and Data Service

(IVDS), Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Part 95 of Chapter I of Title 47 of the

Code of Federal Regulations is amended

as follows:

PART 95—PERSONAL RADIO

SERVICES

1. The authority citation for Part 95

continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066,

1082, as amended; 47 U.S.C. §§ 154, 303.
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32711

2. Section 95.803 is amended by

revising paragraphs (a) and (b) to read

as follows:

§ 95.803 IVDS description.

(a) An IVDS system is a point-tomultipoint, multipoint-to-point, short

distance communications service for its

licensees to provide information,

products, or services to, and allow

interactive responses from, subscribers

in the licensee’s service area.

(b) The components of each IVDS

system are its administrative apparatus,

its response transmitter units (RTUs),

and one or more cell transmitter stations

(CTSs). RTUs may be used in any

location within the service area. Each

IVDS system is authorized for a specific

service area and frequency segment.

There can be a maximum of two IVDS

systems per service area. There are two

frequency segments available for each

service area.

* * * * *

3. Section 95.805 is amended by

revising paragraphs (b), (c) and (e) to

read as follows:

§ 95.805 Permissible communications.

* * * * *

(b) Direct CTS-to-CTS

communications within the same IVDS

system are permitted.

(c) Direct RTU-to-RTU

communications are prohibited. No

mobile RTU in an IVDS system may be

interconnected with the public switched

network or any commercial mobile

radio service.

* * * * *

(e) An IVDS system may provide fixed

and mobile service to subscribers within

its service area.

* * * * *

4. Section 95.855 is amended by

revising paragraph (a) to read as follows:

§ 95.855 Transmitter effective radiated

power limitation.

(a) The effective radiated power (ERP)

of each CTS and RTU shall be limited

to the minimum necessary for

successful communications. RTUs with

powers in excess of 100 milliwatts must

incorporate automatic power control to

ensure the minimum ERP is used. No

CTS may transmit with an ERP

exceeding 20 watts. No fixed RTU may

transmit with an ERP exceeding 20

watts. No mobile RTU may transmit

with an ERP exceeding 100 milliwatts

mean power.

* * * * *

5. Section 95.863 is revised to read as

follows:

§ 95.863 Duty cycle.

(a) Except as provided in paragraph

(b) of this section, the maximum duty

cycle of each RTU, either fixed or

mobile, shall not exceed 5 seconds-perhour, or, alternatively, not exceed one

percent within any 100 millisecond

interval.

(b) The duty cycle limitation specified

above for RTUs does not apply in the

following situations:

(1) To fixed and mobile RTUs when

there is no TV channel 13 predicted

Grade B contour overlap in the licensed

service area; or

(2) To fixed RTUs in areas where

there is Grade B contour overlap and the

RTU is located outside the TV channel

13 predicted Grade B contour but within

the licensed service area.

[FR Doc. 96–16105 Filed 6–24–96; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 625

[Docket No. 960412110–6166–02; I.D.

030596E]

RIN 0648–AI93

Summer Flounder Fishery; 1996

Recreational Fishery Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues the final

specifications for the 1996 summer

flounder recreational fishery, including

no closed season, a possession limit of

eight fish per person and a minimum

fish size of 14 inches (35.6 cm). The

intent of this document is to comply

with implementing regulations for the

fishery that require NMFS to publish

measures for the upcoming fishing year

that will prevent overfishing of the

resource.

EFFECTIVE DATE: June 20, 1996.

ADDRESSES: Copies of the

Environmental Assessment and

supporting documents used by the

Monitoring Committee are available

from: Executive Director, Mid-Atlantic

Fishery Management Council, Room

2115, Federal Building, 300 S. New

Street, Dover, DE 19901–6790.

FOR FURTHER INFORMATION CONTACT:

Regina L. Spallone, Fishery Policy

Analyst, (508) 281–9221.

SUPPLEMENTARY INFORMATION: The

Fishery Management Plan for the

Summer Flounder Fishery (FMP) was

developed jointly by the Mid-Atlantic

Fishery Management Council (Council)

and the Atlantic States Marine Fisheries

Commission (ASMFC), in consultation

with the New England and South

Atlantic Fishery Management Councils.

The management unit for the FMP is

summer flounder (Paralichthys

dentatus) in U.S. waters of the Atlantic

Ocean from the southern border of

North Carolina northward to the

Canadian border. Implementing

regulations for the fishery are found at

50 CFR part 625.

Section 625.20 outlines the process

for determining annual commercial and

recreational catch quotas and other

restrictions for the summer flounder

fishery. Pursuant to § 625.20, the

Director, Northeast Region, NMFS,

implements measures for the fishing

year to ensure achievement of the

fishing mortality rate specified in the

FMP. This document announces the

following measures pertaining to the

recreational fishery, which are

unchanged from the proposed measures

that were published in the Federal

Register on April 22, 1996 (61 FR

17682): (1) The continued elimination of

the closed season, (2) an individual

possession limit of 8 fish per person,

and (3) a minimum fish size of 14

inches (35.6 cm).

Comments and Responses

No comments were received during

the comment period concerning the

proposed measures.

Classification

This action is authorized by 50 CFR

part 625.

This final rule has been determined to

be not significant for purposes of E.O.

12866.

When this rule was proposed, the

Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

action would not have a significant

economic impact on a substantial

number of small entities. The reasons

were published in the proposed rule

and are not repeated here. As such, a

Regulatory Flexibility Act analysis has

not been prepared.

The Assistant Administrator for

Fisheries, NOAA, finds that there is

good cause to waive the delayed

effectiveness of this rule under 5 U.S.C.

553(d)(3). As was noted in the proposed

rule, these measures should become

effective immediately as the season has