Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Rules and Regulations 10967

adopt the state rate as its own, subject

to the Title II requirements of

reasonableness and nondiscrimination

as set forth in this order. Parties that

wished to challenge such rates on the

basis of non-compliance with Title II

could do so before the Commission in

an enforcement proceeding.

8. The First Report and Order also

resolves other issues relating to

directory publishing. Specifically, the

Commission concludes that the

language concerning directory

publishing ‘‘in any format’’ in section

222(e) of the Act applies to entities that

seek subscriber list information to

publish telephone directories on the

Internet. In addition, because an

Internet directory is published when

Internet users are able to access it, a

directory publisher that requests

subscriber list information for purposes

of placing it on the Internet is seeking

that information ‘‘for the purpose of

publishing a directory’’ within the

meaning of section 222(e). The

Commission finds that extending the

guarantees of section 222(e) to

publishers of telephone directories on

the Internet will further enhance

competition in the market for directory

publishing. In addition, the Commission

believes that specific LEC-mandated use

restrictions are not necessary to ensure

that the interests of LECs are protected.

Thus, the Commission concludes that

publishers of telephone directories on

the Internet should be permitted to use

the data for the purpose for which it was

purchased and should not be restricted

in the manner in which they display or

allow customers to access the data.

9. Finally, the Commission finds that

the oral provisioning of directory

assistance does not constitute

‘‘publication’’ for the purposes of

section 222(e), and thus conclude that

directory assistance should not be

regulated under that section. The

Commission also concludes that the

statutory differences between directory

assistance and directory publishing

should continue to be observed. In the

future, if directory assistance and

directory publishing evolve to resemble

one another more closely, the

Commission may revisit this issue.

Final Regulatory Flexibility Analysis

10. As required by the Regulatory

Flexibility Act (RFA), an Initial

Regulatory Flexibility Analysis (IRFA)

was incorporated in the Notice of

Proposed Rule Making (Notice) in this

docket, CC Docket No. 99–273. The

Commission sought written public

comment on the proposals in the Notice,

including comment on the IRFA. No

comments on the IRFA were received.

This present Final Regulatory Flexibility

Certification (Final Certification)

conforms to the RFA.

11. The RFA requires an analysis of

any notice-and-comment type rule

making if the rule will result in a

‘‘significant economic impact’’ on ‘‘a

substantial number of small entities.’’

There are four categories of entities that

might be affected by the requirements

contained in this First Report and

Order. None of these categories reaches

the threshold of a significant economic

impact on a substantial number of small

entities. First, the requirements adopted

herein are expected to have a significant

positive economic impact on a

substantial number of small competitive

directory assistance providers and small

directory publishers. Although, the

requirements included in this First

Report and Order do not directly affect

these entities, the requirements, once in

place, should ensure the ability of these

entities to provide services on a

competitively neutral basis. Second, the

Commission expects these requirements

to have a positive economic impact on

some CLECs. Many CLECs, both small

and large, rely upon small competitive

directory assistance providers to

outsource their directory assistance

services; the requirements contained

herein should result in more

competition in the directory assistance

arena and therefore a savings to these

CLECs. Third, these requirements may

have an adverse economic impact on

incumbent LECs that are Bell Operating

Companies (BOCs). Each BOC is a large,

national company, affiliated with a

Regional Holding Company (RHC). All

BOCs and their RHCs have more than

1,500 employees, placing these entities

above the small business size standard

established by the Small Business

Administration. Therefore, although the

effect of these requirements may result

in a ‘‘significant economic impact’’ to a

BOC it will not result in a ‘‘significant

economic impact’’ to a small entity.

Fourth, the Commission anticipates that

any cost incurred as a result of the

requirement that small incumbent LECs

electronically transfer their directory

assistance data will be nominal and will

not result in a ‘‘significant economic

impact’’ on these small entities. The

Commission therefore certifies,

pursuant to the RFA, that the

requirements adopted in the present

First Report and Order will not have a

significant economic impact on a

substantial number of small entities.

Report to Congress

12. The Commission will send a copy

of this First Report and Order, including

a copy of this Final Certification, in a

report to Congress pursuant to the Small

Business Regulatory Enforcement

Fairness Act of 1996. In addition, the

First Report and Order and this Final

Certification will be sent to the Chief

Counsel for Advocacy of the Small

Business Administration, and will be

published in the Federal Register.

Ordering Clauses

13. Pursuant to Sections 1, 3, 4, 201,

222, 251 of the Communications Act of

1934, as amended, 47 U.S.C. 151, 153,

154, 201, 222, and 251, the First Report

and Order is hereby Adopted, and the

requirements contained herein will

become effective February 21, 2001.

14. The Commission’s Consumer

Information Bureau, Reference

Information Center, shall send a copy of

this First Report and Order, including

the Final Regulatory Flexibility

Certification, to the Chief Counsel for

Advocacy of Small Business

Administration.

15. The Final Regulatory Flexibility

Certification for this First Report and

Order, pursuant to the Regulatory

Flexibility Act, 5 U.S.C. 604, is

contained herein.

Federal Communions Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 01–4213 Filed 2–20–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 20 and 24

[DA 01–361]

Minor Editorial Amendments to the

Commercial Mobile Radio Services and

Personal Communications Services

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This action amends two rule

sections so that they use the current,

rather than previous, names and subpart

designations of the Public Mobile

Services, and it also amends another

rule section in order to revise an

erroneous cross-reference.

DATES: Effective February 21, 2001.

ADDRESSES: Office of the Secretary,

Federal Communications Commission,

445 12th Street SW., Washington, DC

20554.

FOR FURTHER INFORMATION CONTACT: B.C.

‘‘Jay’’ Jackson, Jr. (202) 418–1309.

SUPPLEMENTARY INFORMATION: This

Order makes minor, non-substantive

revisions to 47 CFR part 20 and 47 CFR

10968 Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Rules and Regulations

part 24. Specifically, 47 CFR 20.9,

paragraphs (a)(6) through (a)(9), and 47

CFR 20.20, paragraph (e) of this section,

are amended to use the current names

and subpart designations of Public

Mobile Services as set forth in 47 CFR

part 22. These sections currently refer to

these services by previous names and

subpart designations. Additionally, 47

CFR 24.133(a) is amended to revise an

erroneous reference to another rule

section. Currently the rule refers to a

‘‘§ 99.132(f)’’. However, 47 CFR part 99

no longer exists; the correct reference is

to ‘‘§ 24.132(f)’’ (47 CFR 24.132(f)).

Because the rule amendments adopted

herein are non-substantive, notice and

public procedure thereon are found to

be unnecessary, pursuant to 5 U.S.C.

553(b)(3)(B), and the required

publication may be made less than 30

days prior to the effective date, pursuant

to 5 U.S.C. 553(d).

List of Subjects

47 CFR Part 20

Radio.

47 CFR Part 24

Reporting and recordkeeping

requirements.

Federal Communications Commission.

Andrew S. Fishel,

Managing Director.

Rule Changes

For reasons discussed in the

preamble, the Federal Communications

Commission amends 47 CFR parts 20

and 24 as follows:

PART 20—COMMERICAL MOBILE

RADIO SERVICES

1. The authority citation for part 20

continues to read as follows:

Authority: 47 U.S.C. 154, 160, 251–254,

303 and 332 unless otherwise noted.

2. Section 20.9 is amended by revising

paragraphs (a)(6), (a)(7), (a)(8) and (a)(9)

to read as follows:

§ 20.9 Commercial mobile radio service.

(a) * * *

(6) Paging and Radiotelephone

Service (part 22, subpart E of this

chapter).

(7) Cellular Radiotelephone Service

(part 22, subpart H of this chapter).

(8) Air-Ground Radiotelephone

Service (part 22, subpart G of this

chapter).

(9) Offshore Radiotelephone Service

(part 22, subpart I of this chapter).

* * * * *

3. In § 20.20, paragraph (e), in the

definition for Broadband Commercial

Radio Service (Broadband CMRS),

remove the words ‘‘Domestic Public

Cellular Radio Telecommunications

Service’’ and add, in their place, the

words ‘‘Cellular Radiotelephone

Service.’’

PART 24—PERSONAL

COMMUNICATIONS SERVICE

4. The authority citation for part 24

continues to read as follows:

Authority: 47 U.S.C. 154, 301, 302, 303,

309 and 332.

5. Section 24.133 is amended by

revising paragraph (a) introductory text

to read as follows:

§ 24.133 Emission limits.

(a) The power of any emission shall

be attenuated below the transmitter

power (P), as measured in accordance

with § 24.132(f), in accordance with the

following schedule:

* * * * *

[FR Doc. 01–4210 Filed 2–20–01; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–274; MM Docket No. 00–73; RM–

9861]

Radio Broadcasting Services;

Hornbrook, CA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

255A to Hornbrook, California, as that

community’s first local aural

transmission service in response to a

proposal filed on behalf of Logan and

Company. See 65 FR 33799, May 25,

2000. This document also holds that

two amended applications for Channel

254C1 at Keno, Oregon, cannot be

considered in this proceeding because

the applicants were not eligible to file

an application for Channel 254C1 by the

counterproposal deadline in this

proceeding. Coordinates used for

Channel 255A at Hornbrook, are those

of a restricted site located 3.7 kilometers

(2.3 miles) southwest of the community

at 41–53–06 NL and 122–35–03 WL.

DATES: Effective March 26, 2001. A

filing window for Channel 255A at

Hornbrook, California, will not be

opened at this time. Instead, the issue of

opening this allotment for auction will

be addressed by the Commission in a

subsequent Order.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 00–73,

adopted January 24, 2001, and released

February 9, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC’s Reference

Information Center (Room CY–A257),

445 Twelfth Street, SW., Washington,

DC. The complete text of this decision

may also be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

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:

47 CFR PART 73—[AMENDED]

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 adding Hornbrook, Channel

255A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–4209 Filed 2–20–01; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 37

[OST Docket 98–3648]

Transportation for Individuals With

Disabilities—Accessibility of Over-theRoad Buses (OTRBs)

AGENCY: Office of the Secretary, DOT.

ACTION: Interim final rule; correction.

SUMMARY: This rule makes an editorial

correction to the preamble of the

recently published interim final rule

amending the Department of

Transportation’s regulations concerning

accessibility of over-the-road buses

(OTRBs). The interim final rule was

published in the Federal Register on

Tuesday, February 6, 2001 (66 FR 9048)