50296 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 

and facsimile (printed material). The fire radio 

service includes approximately 23,000 licensees 

comprised of private volunteer or professional fire 

companies as well as units under governmental 

control. The local government service that is 

presently comprised of approximately 41,000 

licensees that are state, county, or municipal 

entities that use the radio for official purposes not 

covered by other public safety services. There are 

approximately 7,000 licensees within the forestry 

service which is comprised of licensees from state 

departments of conservation and private forest 

organizations who set up communications networks 

among fire lookout towers and ground crews. The 

approximately 9,000 state and local governments 

are licensed to highway maintenance service 

provide emergency and routine communications to 

aid other public safety services to keep main roads 

safe for vehicular traffic. The approximately 1,000 

licensees in the Emergency Medical Radio Service 

(‘‘EMRS’’) use the 39 channels allocated to this 

service for emergency medical service 

communications related to the delivery of 

emergency medical treatment. 47 CFR 90.15–90.27. 

The approximately 20,000 licensees in the special 

emergency service include medical services, rescue 

organizations, veterinarians, handicapped persons, 

disaster relief organizations, school buses, beach 

patrols, establishments in isolated areas, 

communications standby facilities, and emergency 

repair of public communications facilities. 47 CFR 

90.33–90.55. 

134 47 CFR 1.1162. 

135 5 U.S.C. 601(5). 

136 5 U.S.C. 603(b)(3). 

137 5 U.S.C. 601(6). 

138 5 U.S.C. 601(3) (incorporating by reference the 

definition of ‘‘small-business concern’’ in the Small 

Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. 

601(3), the statutory definition of a small business 

applies ‘‘unless an agency, after consultation with 

the Office of Advocacy of the Small Business 

Administration and after opportunity for public 

comment, establishes one or more definitions of 

such term which are appropriate to the activities of 

the agency and publishes such definition(s) in the 

Federal Register.’’

139 15 U.S.C. 632. 140 5 U.S.C. 603. 

approximately 127,540 licensees in these 

services. Governmental entities 134 as well as 

private businesses comprise the licensees for 

these services. All governmental entities with 

populations of less than 50,000 fall within 

the definition of a small entity.135 The RFA 

directs agencies to provide a description of, 

and where feasible, an estimate of the 

number of small entities that may be affected 

by the proposed rules and policies, if 

adopted.136 The RFA generally defines the 

term ‘‘small entity’’ as having the same 

meaning as the terms ‘‘small business,’’

‘‘small organization,’’ and ‘‘small 

governmental jurisdiction.’’137 In addition, 

the term ‘‘small business’’ has the same 

meaning as the term ‘‘small business 

concern’’ under the Small Business Act.138 A 

‘‘small business concern’’ is one which: (1) 

Is independently owned and operated; (2) is 

not dominant in its field of operation; and (3) 

satisfies any additional criteria established by 

the SBA.139

IV. Description of Projected Reporting, 

Recordkeeping and Other Compliance 

Requirements: 

28. The Commission is concerned that 

some entities are paying too much and others 

are not paying enough regulatory fees. In this 

FNPRM, the Commission seeks comment on 

ways to modify the regulatory fee rules to 

better reflect the current industry and offered 

services. In addition, the Commission is 

concerned with rule non-compliance. The 

Commission could reduce such 

noncompliance by various means, including 

adopting filing requirements for international 

bearer circuits for non-common carriers. 

Common carriers already have filing 

requirements. 

V. Steps Taken to Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered: 

29. The RFA requires an agency to describe 

any significant alternatives that it has 

considered in reaching its proposed 

approach, which may include the following 

four alternatives: (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, consolidation, 

or simplification of compliance or reporting 

requirements under the rule for small 

entities; (3) the use of performance, rather 

than design, standards; and (4) an exemption 

from coverage of the rule, or any part thereof, 

for small entities.140 The Commission is 

seeking comment on ways to revise the 

regulatory fees to possibly include more 

entities and to reduce or increase the fee 

burden on certain fee categories. The 

Commission is also seeking comment on 

reducing international bearer circuit 

regulatory fee non-compliance and close 

loopholes in the Commission’s rules. It is 

possible that additional filing requirements 

for non-common carriers will be considered, 

with respect to international bearer circuits. 

These filing requirements already apply to 

common carriers. There may be other 

proposals offered by commenters to add or 

reduce regulatory fees or to reduce noncompliance with our rules. Such proposals 

may include reporting or recordkeeping 

requirements. It is important that all entities 

bear their required share of regulatory fees; 

otherwise, the companies that comply with 

the rules must pay for those that refuse to 

comply. 

VI. Federal Rules that May Duplicate, 

Overlap, or Conflict with the Proposed Rules 

30. None. 

[FR Doc. E8–19431 Filed 8–25–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 08–1722; MB Docket No. 07–296; RM–

11412] 

Radio Broadcasting Services; French 

Lick, Indiana; Irvington, KY 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a petition for rulemaking 

filed by L. Dean Spencer, requesting the 

allotment of Channel 261A at Irvington, 

Kentucky, as the community’s first local 

aural transmission service. Channel 

261A can be allotted at Irvington, 

Kentucky at a site 13.8 kilometers (8.5 

miles) northwest of the community at 

coordinates 37–56–52 NL and 86–24–54 

WL. 

DATES: Comments must be filed on or 

before September 22, 2008, and reply 

comments on or before October 7, 2008. 

ADDRESSES: Federal Communications 

Commission, 445 Twelfth Street, SW., 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve the 

petitioner’s counsel as follows: John F. 

Garziglia, Esq., Womble, Carlyle 

Sandridge & Rice, PLLC, 1401 Eye 

Street, NW., Seventh Floor, Washington, 

DC 20005. 

FOR FURTHER INFORMATION CONTACT: 

Victoria McCauley, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making and Order to 

Show Cause, MB Docket No. 07–296, 

adopted July 30, 2008, and released 

August 1, 2008. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY–

A257, 445 Twelfth Street, SW., 

Washington, DC 20554. This document 

may also be purchased from the 

Commission’s copy contractor, Best 

Copy and Printing, Inc., Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1–

800–378–3160 or http:// 

www.BCPIWEB.com. 

This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104–

13. In addition, therefore, it does not 

contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of l980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 


sroberts on PROD1PC76 with PROPOSALS
Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Proposed Rules 50297 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.202 [Amended] 

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

Allotments under Kentucky is amended 

by adding Irvington, Channel 261A. 

Federal Communications Commission. 

Robert A. Haynes, 

Senior Attorney. 

[FR Doc. E8–19651 Filed 8–25–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 08–1756; MB Docket No. 08–151; RM–

11476] 

Radio Broadcasting Services; Blythe, 

CA 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document sets forth a 

proposal to amend the FM Table of 

Allotments, Section 73.202(b) of the 

Commission’s rules, 47 CFR 73.202(b). 

The Commission requests comment on 

a petition filed by Prescott Valley 

Broadcasting Company, Inc. Petitioner 

proposes the substitution of FM 

Channel 247B for vacant Channel 239B 

at Blythe, California. The purpose of the 

requested channel substitution at Custer 

is to accommodate Petitioner’s pending 

application to operate as a full-spaced 

Class C3 channel at Parker, Arizona. 

Channel 247B can be allotted at Blythe 

in compliance with the Commission’s 

minimum distance separation 

requirements with a site restriction of 1 

km (.61 miles) northeast of Blythe. The 

proposed coordinates for Channel 247B 

at Blythe are 33–37–02 North Latitude 

and 114–35–20 West Longitude. 

Concurrence by the Government of 

Mexico is required for the allotment of 

Channel 247B at Blythe, California, 

because the proposed allotment is 

located within 320 kilometers (200 

miles) of the U.S.-Mexican border. See 

SUPPLEMENTARY INFORMATION infra. 

DATES: Comments must be filed on or 

before September 22, 2008, and reply 

comments on or before October 7, 2008. 

ADDRESSES: Federal Communications 

Commission, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve 

petitioner’s counsel as follows: David 

Tillotson, Esq., 4606 Charleston Terrace, 

NW., Washington, DC 20007. 

FOR FURTHER INFORMATION CONTACT: 

Deborah A. Dupont, Media Bureau (202) 

418–7072. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

08–151, adopted July 30, 2008, and 

released August 1, 2008. The full text of 

this Commission decision is available 

for inspection and copying during 

normal business hours in the FCC 

Reference Information Center (Room 

CY–A257), 445 12th Street, SW., 

Washington, DC 20554. The complete 

text of this decision may also be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, (800) 378–3160, 

or via the company’s Web site, 

www.bcpiweb.com. This document does 

not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

The Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts are 

prohibited in Commission proceedings, 

such as this one, which involve channel 

allotments. See 47 CFR 1.1204(b) for 

rules governing permissible ex parte 

contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.202 [Amended] 

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

Allotments under California, is 

amended by removing Channel 239B 

and by adding Channel 247B at Blythe. 

Federal Communications Commission. 

Robert A. Haynes, 

Senior Attorney. 

[FR Doc. E8–19652 Filed 8–25–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 08–1711; MB Docket No. 08–150; RM–

11390] 

Radio Broadcasting Services; Asbury 

and Maquoketa, IA, and Mineral Point, 

WI 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Audio Division at the 

request of KM Radio of Independence, 

LLC, licensee of Station KQMG–FM, 

Independence, Iowa, proposes the 

allotment of Channel 238A at Mineral 

Point, Wisconsin, as its first local 

service, and the substitution of Channel 

*254A, reserved for noncommercial 

educational (NCE) use, for vacant 

Channel *238A, reserved for NCE use, at 

Asbury, Iowa to accommodate a hybrid 

community of license application, 

proposing the substitution of Channel 

236A for Channel 237A at 

Independence, Iowa, the reallotment of 

Channel 236A to Solon, Iowa, and the 

associated modification of the license of 

Station KQMG–FM. See File No. BPH–

20070119AEI. To facilitate the hybrid 

community of license application and 

the proposed Asbury channel 

substitution, the Commission issue an 

order to show cause to Maquoketa 

Broadcasting Company, licensee of 

Station KMAQ–FM, Channel 236A, 

Maquoketa, Iowa, as to why KMAQ–

FM’s channel should not be changed to 

Channel 237A at Maquoketa. See 

SUPPLEMENTARY INFORMATION. 

DATES: Comments must be filed on or 

before September 22, 2008, and reply 

comments on or before October 7, 2008. 


sroberts on PROD1PC76 with PROPOSALS