64776 Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Rules and Regulations

1The authorization for Station KNCY–FM was

amended to specify operation on Channel 234C3 in

lieu of Channel 288A in a one-step application

(BPH–19990816IE). We will take this opportunity to

correct the FM Table of Allotments.

5. Furthermore, The Commission

concludes that such a waiver would not

serve the public interest. We note that

section 254(d) requires that the

Commission establish a universal

service contribution mechanism that is

‘‘specific, predictable and sufficient’’ to

preserve and advance universal service.

As discussed, in implementing section

254, the Commission adopted rules

setting forth the specific method of

computation for universal service

contributions. To grant retroactively a

waiver or reconsideration of those rules

to individual carriers from one year to

the next creates the potential for

continuing uncertainty and confusion in

the administration of the fund. The

Commission notes in particular that

Federal Transtel has not suggested how

its contributions should be calculated if

it were granted a waiver of the

Commission’s rules. The Commission

finds that it cannot reconcile granting

the waiver with the Act’s mandate that

the universal service mechanisms be

specific and predictable, and that all

telecommunications providers of

interstate telecommunications service

contribute on an equitable and

nondiscriminatory basis. This mandate

is essential to the preservation and

advancement of universal service to

ensure that consumers who rely upon

universal service funding, including

low-income consumers and those

residing in rural and high-cost areas,

may continue to receive

telecommunications at affordable rates.

B. Federal Transtel’s Petition for

Reconsideration

6. To the extent that Federal Transtel

seeks reconsideration of the universal

service contribution methodology, we

dismiss that request as untimely. The

Commission’s rules require that

petitions for reconsideration be filed

within 30 days after public notice of the

Commission action. Federal Transtel’s

petition was filed on July 20, 1999,

nearly two years after the deadline to

file petitions for reconsideration of the

Second Order on Reconsideration, 62

FR 56120, October 29, 1997, in which

the Commission adopted the

contribution methodology based on

prior year revenues. Accordingly, the

Commission dismisses Federal

Transtel’s petition for reconsideration as

untimely filed. Moreover, even if this

petition were timely filed, the

Commission would not grant such a

request. The Commission has recently

provided substantive reasoning for

denying similar requests. The

Commission does note, however, that

based on a newly developed industrywide record, the Commission recently

took action to reduce the interval

between the accrual of revenues by

carriers and the assessment for universal

service contributions. We believe this

action alleviates many of the concerns

raised in Federal Transtel’s petition. In

addition, the Commission has recently

sought further comment on how to

streamline and reform both the manner

in which the Commission assesses

carrier contributions to the universal

service fund and the manner in which

carriers may recover those costs from

their customers. Although the

Commission dismisses Federal

Transtel’s petition, we will incorporate

a copy of its petition into the record

relating to the Contribution

Methodology NPRM, 66 FR 28718, May

24, 2001.

III. Ordering Clause

7. It is ordered, pursuant to sections

1, 4(i), 254, and 405 of the

Communications Act of 1934, as

amended, and §§ 1.3 and 1.429 of the

Commission’s rules, that the Petition for

Waiver or Reconsideration filed July 20,

1999 by Federal Transtel, Inc. is denied.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 01–30793 Filed 12–13–01; 8:45 am]

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FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–2782; MM Docket No. 00–129; RM–

9909 & RM–10017]

Radio Broadcasting Services; Moberly,

Malta Bend, Chillicothe, Lee’s Summit,

La Monte, Warsaw, Nevada, Maryville &

Madison, MO, Topeka, Junction City,

Humboldt, Marysville & Burlington, KS,

& Auburn, NE

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In response to a petition filed

by Best Broadcasting, Inc., the

Commission issued a Notice of

Proposed Rule Making proposing the

substitution of Channel 247C2 for

Channel 247C3 at Moberly, Missouri,

and modification of the license for

Station KCSX accordingly, with

additional substitutions at Malta Bend,

MO and Chillicothe, MO. See 65 FR

45745, July 25, 2000. In response to a

counterproposal filed by Best

Broadcasting, Inc. and First

Broadcasting Company, this document

substitutes Channel 247C1 for Channel

247C3 at Moberly, Missouri, reallots

Channel 247C1 from Moberly to Lee’s

Summit, MO and modifies the

authorization for Station KCSX to

specify operation at Lee’s Summit on

Channel 247C1. The coordinates for

Channel 247C1 at Lee’s Summit are 39–

04–20 and 94–35–45. To accommodate

the allotment at Lee’s Summit, we shall

make the following changes: substitute

Channel 233C for Channel 247C,

Topeka, Kansas (39–00–19 & 96–02–58),

substitute Channel 248C1 for Channel

233C1 at Junction City, Kansas (39–00–

53 & 96–52–15), substitute Channel

237C3 for Channel 232C3 at Humboldt,

Kansas (37–43–21 & 95–33–41) ,

substitute Channel 249A for Channel

237A at Burlington, Kansas (39–10–08 &

95–39–07), substitute Channel 276C3 for

Channel 234C3 at Auburn, Nebraska

(40–27–57 & 95–45–38),1 substitute

Channel 238C3 for Channel 276C3 at

Marysville, Kansas (39–56–06 & 94–47–

33), substitute Channel 280C3 for

Channel 243C3 at Malta Bend, Missouri

(39–21–59 & 93–24–12), substitute

Channel 253A for Channel 280C3 at

Chillicothe, Missouri (39–43–40 & 93–

35–43), substitute Channel 249C2 for

Channel 246C3 at La Monte, Missouri

(38–48–23 & 93–09–08), substitute

Channel 246A for Channel 249A at

Warsaw, Missouri (38–20–41 & 93–23–

10), substitute Channel 248A for

Channel 249A at Nevada, Missouri (37–

52–06 & 94–20–01). We shall also allot

Channel 247C3 at Madison, Missouri, as

a first local service at coordinates 39–

24–37 and 92–10–58. The issue of

opening the allotment at Madison for

auction will be addressed by the

Commission in a subsequent order.

DATES: Effective January 14, 2002.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

andOrder, MM Docket No. 00–129,

adopted November 21, 2001, and

released November 30, 2001. The full

text of this Commission decision is

available for inspection and copying

during regular business hours in the

FCC Reference Information Center,

Portals II, 445 12th Street, SW, Room

CY–A257, Washington, DC, 20554. This

document may also be purchased from

the Commission’s duplicating

contractor, Qualex International, Portals

II, 445 12th Street, SW, Room CY–B402,

Washington, DC, 20554, (202) 863–2893,

Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Rules and Regulations 64777

facsimile (202) 863–2898, or via e-mail

qualexint@aol.com.

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—RADIO BROADCAST

SERVICES

1. The authority citation for Part 73

continues to read as follows:

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

§ 73.202 [Amended]

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

Allotments under Missouri, is amended

by removing Channel 247C3 at Moberly

and adding Lee’s Summit, Channel

247C1; by removingChannel 248C3 and

adding Channel 280C3 at Malta Bend;

by removing Channel 280C3 and adding

Channel 253A at Chillicothe; by

removing Channel 246C3 and adding

Channel 249C2 at La Monte; by

removing Channel 249A and adding

Channel 246A at Warsaw; by

removingChannel 249A and adding

Channel 248A at Nevada; and by adding

Madison, Channel 247C3.

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

Allotments under Kansas, is amended

by removing Channel 247C and adding

Channel 233C at Topeka; by removing

Channel 233C1 and adding Channel

248C1 at Junction City; by removing

Channel 232C3 and adding Channel

237C3 at Humboldt; by removing

Channel 237A and adding Channel

249A at Burlington; and by removing

Channel 276C3 and adding Channel

238C3 at Marysville.

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

Allotments under Nebraska, is amended

by removing Channel 288A and adding

Channel 276C3 at Auburn.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–30870 Filed 12–13–01; 8:45 am]

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FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–2784; MM Docket No. 98–162; RM–

9263]

Radio Broadcasting Services; Sugar

Hill and Taccoa, GA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document grants a

Petition for Reconsideration filed by

Southern Broadcasting of Pensacola,

Inc. to the extent of setting aside a

previous action substituting Channel

291C1 for Channel 291C at Taccoa,

Georgia, reallotting Channel 291C1 to

Sugar Hill, Georgia, and modifying the

license of Station WNGC to specify

operation on Channel 291C1 at Sugar

Hill. See 66 FR 39456, published July

20, 2001. As a result, Station WNGC

will continue to be licensed on Channel

291C at Taccoa, Georgia. The reference

coordinates for Channel 291C at Taccoa,

Georgia, are 34–22–41 and 83–39–30.

DATES: Effective December 14, 2001.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau,

(202) 418–2177.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order in

MM Docket No. 98–162, adopted

November 28, 2001, and released

November 30, 2001. The full text of this

decision is available for inspection and

copying during normal business hours

in the FCC’s Reference Information

Center at Portals II, 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, Qualex International,

Portals II, 445 12th Street, SW., room

CY–B402, Washington, DC 20554,

telephone 202–863–2893, facsimile

202–863–2898, or via e-mail

qualexint@aol.com.

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—RADIO BROADCAST

SERVICES

1. The authority citation for Part 73

continues to read as follows:

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

336.

§ 73.202 [Amended]

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

Allotments under Georgia, is amended

by removing Sugar Hill, Channel 291C1.

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

Allotments under Georgia, is amended

by adding Taccoa, Channel 291C.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–30866 Filed 12–13–01; 8:45 am]

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