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
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34377

difference between the number of total

working loops on December 31 of the

year preceding the June filing and the

number of total working loops on

December 31 of the second year

preceding that filing, both calculated

pursuant to § 36.611(a)(8).

3. Section 36.622 is amended by

revising paragraph (c) to read as follows:

§ 36.622 National and study area average

unseparated loop costs.

* * * * *

(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 No. 96–45 on

or before May 8, 1997, the National

Average Unseparated Loop Cost per

Working Loop shall be the greater of:

(1) The amount calculated pursuant to

the method described in paragraph (a) of

this section; or

(2) An amount calculated to produce

the maximum total Universal Service

Fund allowable pursuant to § 36.601(c).

[FR Doc. 96–16761 Filed 6–28–96; 10:18 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 91–75; RM–7230]

Radio Broadcasting Services; Conway

and Myrtle Beach, SC

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Lee W. Shubert, Trustee,

reallots Channel 281C1 from Conway to

Myrtle Beach, South Carolina, and

modifies Station WYAV(FM)’s license

accordingly. See 56 FR 14054, April 5,

1991. Channel 281C1 can be allotted to

Myrtle Beach in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 20.2 kilometers (12.6

miles) southwest to avoid a shortspacing to Station WLTT(FM), Channel

279C3, Shallotte, North Carolina, at

petitioner’s present transmitter site. The

coordinates for Channel 281C1 at Myrtle

Beach are North Latitude 33–35–27 and

West Longitude 79–02–53. With this

action, this proceeding is terminated.

EFFECTIVE DATE: August 5, 1996.

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 91–75,

adopted June 14, 1996, and released

June 21, 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

contractors, International Transcription

Service, 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: Sections 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 South Carolina, is

amended by removing Channel 281C1 at

Conway, and adding Channel 281C1 at

Myrtle Beach.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 96–16762 Filed 7–1–96; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 960129018–6018–01; I.D.

062196A]

Fisheries of the Exclusive Economic

Zone off Alaska; Northern Rockfish in

the Western Regulatory Area

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Modification of a closure.

SUMMARY: NMFS is opening directed

fishing for northern rockfish in the

Western Regulatory Area of the Gulf of

Alaska (GOA). This action is necessary

to use the total allowable catch (TAC)

for northern rockfish in this area.

EFFECTIVE DATE: 1200 hrs, Alaska local

time (A.l.t.), July 1, 1996, until 2400 hrs,

A.l.t., December 31, 1996.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the Magnuson

Fishery Conservation and Management

Act. Fishing by U.S. vessels is governed

by regulations implementing the FMP at

Subpart H of 50 CFR part 600 and 50

CFR part 679.

The annual TAC for northern rockfish

in the Western Regulatory Area was

established by the Final 1996 Harvest

Specifications of Groundfish (61 FR

4304, February 5, 1996) as 640 metric

tons (mt). See § 679.20(c)(3)(ii). The

Final 1996 Harvest Specifications of

Groundfish also closed the directed

fishery for northern rockfish in the

Western Regulatory Area of the GOA.

See 679.20(d)(1).

The Director, Alaska Region, NMFS,

has determined that the 1996 TAC for

northern rockfish in the Western

Regulatory Area has not been reached.

Therefore, NMFS is terminating the

previous closure and is opening

directed fishing for northern rockfish in

the Western Regulatory Area of the Gulf

of Alaska.

All other closures remain in full force

and effect.

Classification

This action is taken under 50 CFR

679.20 and is exempt from review under

E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: June 26, 1996.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 96–16862 Filed 6–27–96; 2:46 pm]

BILLING CODE 3510–22–F