65872 Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Proposed Rules

51See Notice of Proposed Rulemaking,

paragraphs 4–11.

52See id., paragraph 9.

use of performance, rather than design,

standards; and (4) an exemption from

coverage of the rule, or any part thereof,

for small entities.

42. The purpose of this rulemaking is

to seek comment on possible procedures

for streamlining the regulatory

obligations associated with wireless

applications and facilities that may

implicate the Commission’s defined

Quiet Zones, while still adequately and

fully protecting the various operations

located in the Quiet Zones. One

alternative considered, as suggested by

a commenter,51 is to remove rules and

provisions that restrict or limit activities

of all entities, including small

businesses, in the Quiet Zones. While

evaluating this alternative, the

Commission has carefully considered

the overlying public policy and safety

needs that necessitated maintaining the

Quiet Zones provisions. Therefore,

while the Commission does not intend

to alter the basic protection given to

Quiet Zones, it is willing to examine

and give careful consideration to any

proposals that would reduce or alleviate

the burdens on small entities, as well as

other affected parties.

43. More specifically, the Commission

is considering as an alternative

resuming processing of an application

with Quiet Zone implications if written

consent from the affected Quiet Zone

entity is provided.52 This alternative

could greatly reduce the processing time

for an application submitted by all

entities, including small entities.

Parties, including small entities, are

encouraged to provide additional

alternatives for consideration.

F. Federal Rules That May Duplicate,

Overlap, or Conflict With the Proposed

Rules

None.

III. Ordering Clause

44. Pursuant to the authority of

sections 1, 4(i), 11, 303(g), and 303(r) of

the Communications Act of 1934, as

amended, 47 U.S.C. 151, 154(i), 161,

303(g), and 303(r), that this Notice of

Proposed Rulemaking is ADOPTED.

45. The Commission’s Consumer

Information Bureau, Reference

Information Center, shall send a copy of

the Notice of Proposed Rulemaking,

including the Initial Regulatory

Flexibility Analysis, to the Chief

Counsel for Advocacy of the Small

Business Administration.

46. The Commission’s Consumer

Information Bureau, Reference

Information Center, shall send a copy of

the Notice of Proposed Rulemaking,

including the Initial Regulatory

Flexibility Analysis, to the Chief

Counsel for Advocacy of the Small

Business Administration in accordance

with Sections 603(a) and 604(b) of the

Regulatory Flexibility Act, Public Law

96–354, 94 Stat. 1164, 5 U.S.C.A. 603(a)

and 604(b).

List of Subjects 47 CFR Part 1

Telecommunications.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

[FR Doc. 01–31411 Filed 12–20–01; 8:45 am]

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FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–2812, MM Docket No. 01–302, RM–

10333]

Digital Television Broadcast Service;

Fort Wayne, IN

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Indiana

Broadcasting, LLC, licensee of station

WANE–TV, NTSC channel 15, Fort

Wayne, Indiana, proposing the

substitution of DTV channel 31 for

station WANE–TV’s assigned DTV

channel 4. DTV Channel 31 can be

allotted to Fort Wayne, Indiana, in

compliance with the principle

community coverage requirements of

Section 73.625(a) at reference

coordinates (41–05–38 N. and 85–10–48

W.). However, since the community of

Fort Wayne is 400 kilometers within the

U.S.-Canadian border, concurrence from

the Canadian government must be

obtained for this allotment. As

requested, we propose to allot DTV

Channel 31 to Fort Wayne with a power

of 82 and a height above average terrain

(HAAT) of 253 meters.

DATES: Comments must be filed on or

before January 28, 2002, and reply

comments on or before February 12,

2002.

ADDRESSES: Federal Communications

Commission, 445 12th Street, SW.,

Room TW–A325, Washington, DC

20554. In addition to filing comments

with the FCC, interested parties should

serve the petitioner, or its counsel or

consultant, as follows: William H. Fitz,

Covington & Burling, 1201 Pennsylvania

Avenue, NW., Washington, DC 20004

(Counsel for Indiana Broadcasting, LLC).

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

01–302, adopted December 4, 2001, and

released December 6, 2001. The full text

of this document is available for public

inspection and copying during regular

business hours in the FCC Reference

Information Center, Portals II, 445 12th

Street, S.W., 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, telephone 202–

863–2893, facsimile 202–863–2898, or

via e-mail qualexint@aol.com.

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

Television, Digital television

broadcasting.

For the reasons discussed in the

preamble, the Federal Communications

Commission proposes to amend 47 CFR

part 73 as follows:

PART 73—TELEVISION BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

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

336.

§ 73.622 [Amended]

2. Section 73.622(b), the Table of

Digital Television Allotments under

Indiana is amended by removing DTV

Channel 4 and adding DTV Channel 31

at Fort Wayne.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 01–31458 Filed 12–20–01; 8:45 am]

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