Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Proposed Rules 7481

(Catalog of Federal Domestic Assistance electronic file via the Internet to http:/ Synopsis of Notice of Proposed Rule No. 83.100, ‘‘Flood Insurance.’’) /www.fcc.gov/e-file/ecfs.html. Making Dated: January 31, 2000. Generally, only one copy of an Introductory Background Michael J. Armstrong, electronic submission must be filed. In Associate Director for Mitigation. completing the transmittal screen, 1. In this proceeding, we respond to [FR Doc. 00–3523 Filed 2–14–00; 8:45 am] commenters should include their full a petition for rulemaking filed by Pappas Telecasting Incorporated BILLING CODE 6718±04±P name, Postal Service mailing address, (‘‘Pappas’’), licensee of television station and the applicable docket or rulemaking KMPH(TV), Visalia, California, Retlaw number. Parties may also submit an Enterprises, Inc. (‘‘Retlaw’’), licensee of FEDERAL COMMUNICATIONS electronic comment by Internet e-mail. COMMISSION television station KJEO(TV), Fresno, To get filing instructions for e-mail California, and San Joaquin comments, commenters should send an 47 CFR Part 76 Communications Corp. (‘‘San Joaquin’’), e-mail to [email protected], and should licensee of television station KSEE(TV), [CS Docket 00±1; DA 00±12] include the following words in the body Fresno, California, (collectively, the of the message, ‘‘get form ’’ A sample form and the Commission’s rules to add the Markets and Their Designated directions will be sent in reply. communities of Merced and Porterville Communities to the ‘‘Fresno-Visalia’’ market. (See 47 FOR FURTHER INFORMATION CONTACT: CFR 76.51). In a related proceeding, AGENCY: Federal Communications Carolyn Fleming at (202) 418–7200 or Commission. Capital Cities/ABC, Inc. (‘‘CC/ABC’’), via Internet at [email protected]. licensee of television station KFSN, ACTION: Notice of proposed rulemaking. SUPPLEMENTARY INFORMATION: This is a Fresno, California, filed a request for SUMMARY: This document requests synopsis of the Commission’s Notice of amendment or waiver of § 76.51 of the comment on a proposal to amend the Proposed Rule Making, DA 00–12, CS Commission’s rules to add the Commission’s rules which list the major Docket No. 00–1, adopted January 4, community of Merced to the Fresno- television markets and their designated 2000 and released January 7, 2000 Visalia market. In this proceeding, we communities by adding the (‘‘Notice’’). The full text of this Notice also address CC/ABC’s petition and communities of Merced and Porterville, is available for inspection and copying consider it a request for amendment of the applicable rules as it raises the same California to the hyphenated market of during normal business hours in the issue raised by the Joint Petitioners with Fresno-Visalia-Hanford-Clovis, FCC Reference Center (Room CY–A257), California (the ‘‘Fresno-Visalia market’’). regard to the community of Merced. At 445 12th Street, SW, Washington, DC the time the petition was filed, there A joint petition was filed on March 16, 20554, or may be purchased from the 1988 and at least one of the petitioners were applications on file with the Commission’s copy contractor, Commission to commence television has expressed continued interest in the International Transcription Service Commission acting on this petition. The service in the communities of Merced (‘‘ITS’), (202) 857–3800, 1231 20th joint petitioners seek to add Merced and and Porterville. Subsequent to the filing Street, NW, Washington, DC 20036, or Porterville to the Fresno-Visalia market of the joint petition, television station apparently to be able to assert network may be reviewed via Internet at http:// KNSO, Channel 51, was licensed to www.fcc.gov?Bureaus/Cable/ Merced and television station KPXF, non-duplication rights and syndicated l programming exclusivity on a News Releases/2000/nrcb8022.html. Channel 61, was licensed to Porterville. hyphenated market basis. The requested For copies in alternative formats, such 2. Section 76.51 of the Commission’s Rules enumerates the top 100 television action would also permit the acquisition as Braille, audio cassette or large print, markets and the designated of broadcast territorial exclusivity rights please contact Sheila Ray at ITS. This communities within those markets. against television stations operating in proceeding will be treated as a ‘‘permit- Among other things, this market list is Merced and in Porterville. In a related but-disclose’’ proceeding subject to the used to determine territorial exclusivity proceeding, Capital Cities/ABC, Inc. ‘‘permit-but-disclose’’ requirements rights under § 73.658(m) and helps (‘‘CC/ABC’’), licensee of television under § 1.1206(b) of the Commission’s define the scope of compulsory station KFSN, Fresno, California, filed a rules. (47 CFR 1.1206(b), as revised). Ex copyright license liability for cable request for amendment or waiver of parte presentations are permissible if operators. (See 47 CFR 73.658) Certain § 76.51 of the Commission’s rules to add disclosed in accordance with cable television syndicated exclusivity the community of Merced to the Fresno- Commission rules, except during the and network non-duplication rights are Visalia market. We address both Sunshine Agenda period when also determined by the presence of petitions in this proceeding. presentations, ex parte or otherwise, are broadcast station communities of DATES: Comments are due on or before generally prohibited. Persons making license on this list. Some markets February 7, 2000 and reply comments oral ex parte presentations are reminded consist of more than one named are due on or before February 22, 2000. that a memorandum summarizing a community (a ‘‘hyphenated market’’). ADDRESSES: Federal Communications presentation must contain a summary of Such ‘‘hyphenation’’ of a market is Commission, Office of the Secretary, the substance of the presentation and based on the premise that stations 445 12th Street, SW, Room TW–A325, not merely a listing of the subjects licensed to any of the named Washington, DC 20554. Comments may discussed. More than a one or two communities in the hyphenated market be filed using the Commission’s sentence description of the views and do, in fact, compete with all stations Electronic Comment Filing System arguments presented is generally licensed to such communities. (See (ECFS) or by filing paper copies. See required. (See 47 CFR 1.206(b)(2), as CATV-Non-Network Agreements, 46 Electronic Filing of documents in revised.) Additional rules pertaining to FCC 2d 892, 898 (1974). Market Rulemaking Proceedings, 63 FR 24, 121 oral and written presentations are set hyphenation ‘‘helps equalize (Friday, January 2, 1998). Comments forth in 47 CFR 1.1206(b). competition’’ where portions of the filed through the ECFS can be sent as an market are located beyond the Grade B

VerDate 272000 16:53 Feb 14, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\15FEP1.SGM pfrm04 PsN: 15FEP1 7482 Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Proposed Rules contours of some stations in the area yet assert that the three network affiliates, policies regarding redesignation of a the stations compete for economic KFSN–TV, KJEO, and KSEE, and hyphenated television market. support. (See Cable Television Report & indpendent station KMPH, are carried Paperwork Reduction Act Order, 36 FCC 2d 143, 176 (1972). on the Merced cable systems and are 3. In their petition, Joint Petitioners received off-air. Thus, the Joint The requirements proposed in this argue that the communities of Merced Petitioners conclude that the proposed Notice have been analyzed with respect and Porterville are geographically and television station would be part of the to the Paperwork Reduction Act of 1995 economically part of the Fresno-Visalia Fresno-Visalia market and would (the ‘‘1995 Act’’) and do not impose new market. The communities are part of the compete with other Fresno-Visalia or modified information collection Fresno-Visalia ‘‘area of dominant market stations for programming, requirements on the public. influence’’ or ADI and the Fresno- advertising revenues, and audience OMB Approval: None. Visalia ‘‘designated market area’’ or share. Title: In the Matter of Amendment of DMA. Joint Petitioners maintain the § 76.51 of the Commission’s Rules to communities in the Fresno-Visalia ADI CC/ABC’S Petition include Merced and Porterville, consist of farming communities and the 6. In this proceeding, we also address California in the Fresno-Visalia- local agri-business results in a common the petition filed by CC/ABC. CC/ABC, Hanford-Clovis Television Market. social, cultural, and commercial market licensee of television station KFSN, Type of Review: None. among them. Fresno, California, requests that the Initial Regulatory Flexibility Analysis: 4. Joint Petitioners further argue that Commission add the community of We certify that the Regulatory Porterville is served by television Merced to the Fresno-Visalia market for, Flexibility Act of 1980 does not apply stations KMPH and KSEE, both of which among other reasons, purposes of the to this rulemaking proceeding because if place a Grade A signal over the network non-duplication and the proposed rule amendment is community. Joint Petitioners maintain syndicated exclusivity rules. CC/ABC promulgated, there will not be a that the proposed television station maintains that Merced is geographically significant economic impact on a would place a predicted Grade B signal part of the greater Fresno area and substantial number of small business over the communities of Clovis and shares common social, cultural, trade, entities, as defined by § 603 of the Sanger and a significant portion of and economic interests with other Regulatory Flexibility Act. A few cable Fresno, a Grade A signal over Hanford, Fresno-Visalia market communities. UA television system operators will be and a City Grade signal over Visalia. Cable Systems of California (‘‘UA’’) filed affected by the proposed rule Joint Petitioners further state that each an opposition to CC/ABC’s petition amendment. The Secretary shall send a of the Fresno-Visalia commercial arguing that Merced is 55 miles copy of this Notice, including the television stations, except KMSG-TV, southeast of Fresno and thus certification, to the Chief Counsel for Sanger, is carried on the Porterville geographically distant, and that Merced Advocacy of the Small Business cable system and all are received off-air is not in the same market as Fresno- Administration in accordance with by the system. Thus, the Joint Visalia. To support its assertion that paragraph 603(a) of the Regulatory Petitioners argue that the proposed Merced and Fresno are in different Flexibility Act. Public Law 96–354, 94 television station belongs in the Fresno- markets, UA states that the two Stat. 1164, 5 U.S.C. 601 et seq. (1981). Visalia market and would necessarily communities are in different areas A. Reasons Why Agency Action Is compete with other Fresno-Visalia according to data from the Metropolitan Being Considered. We undertake this stations for programming, advertising Statistical Areas (‘‘MSAs’’) and the Rand proceeding to address the proposal by revenues, and audience share. McNally Map of Trading Areas the Joint Petitioners to add the 5. Similarly, with regard to Merced, (‘‘Trading Areas’’). UA further states the communities of Merced and Porterville, Joint Petitioners state that the proposed television stations in the two California to the Fresno-Visalia- television station would compete with communities do not compete for Hanford-Clovis television market. The television stations in the Fresno-Visalia advertising revenues as evidenced by proposal, if granted, could help equalize market. The Joint Petitioners state that the fact that the Merced Sun-Star competition in that hyphenated market the proposed television station would television update, which covers the where portions of the market are located place a predicted Grade A signal over a community of Merced, did not include beyond the Grade B contours of some significant portion of the communities any advertisements for Fresno for the stations in the area yet the stations of Fresno and Clovis and would place week of January 2 through January 8, compete for economic support. a predicted Grade B signal over the 1993. Conversely, UA states that, B. Legal Basis. The authority for the community of Sanger and the remaining KFSN’s quarterly reports, which action proposed for this rulemaking is portion of Fresno. The Joint Petitioners summarizes the Fresno station’s contained in §§ 4(i)–(j), (f), (g), and (r), concede that the Grade B signal would newscasts, did not identify any and 309(j) of the Communications Act of not cover the communities of Hanford newscast which specifically mentions 1934, as amended. and Visalia but maintain that the issues or programs related to the C. Description and Estimate of the propagation characteristics of the terrain community of Merced for the two year Number of Small Entities Impacted. permits a strong signal in those period 1990 through 1992 and does not None. communities. The Joint Petitioners serve the area. D. Reporting, Recordkeeping, and further state that each of the television 7. In the Notice, the Commission Other Compliance Requirements. The stations in the Fresno-Visalia market states its belief that a sufficient case for Commission is not proposing to impose places a predicted Grade B signal over redesignation of the subject market has additional reporting or recordkeeping Merced, with the exception of KMPH. been set forth so that the proposal requirements. With regard to KMPH, the Joint should be tested through the rulemaking E. Significant Alternatives Which Petitioners assert that the station process, including the comments of Minimize the Impact on Small Entities evidences significant viewership in interested parties. In addition, the and Are Consistent With Stated Merced because it has a net weekly Commission states that the proposal and Objectives. The Notice certifies that circulation of over 50 percent in Merced CC/ABC’s request appears to be there is no significant impact on small County. The Joint Petitioners further consistent with the Commission’s entities.

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F. Federal Rules Which Overlap, Assessment (DEIS) (Docket No. FRA– SUPPLEMENTARY INFORMATION: Any Duplicate, or Conflict With the 1999–6440) pertaining to the proposals person wishing to provide testimony at Commission’s Proposal. None. contained in the NPRM. In both one of the public hearings should notify G. Report to Congress. The documents, FRA stated that public FRA’s Docket Clerk at the address above Commission shall send a copy of this hearings would be held in a number of at least three working days prior to the IRFA along with this Notice in a report locations throughout the country. This date of the hearing. The notification to Congress pursuant to the Small notice provides information regarding should also provide either a telephone Business Regulatory Enforcement combined hearings on the NPRM and number or e-mail address at which the Fairness Act of 1998, codified at 5 USC DEIS to be held in: Washington, DC; Los person may be contacted. If a 801(a)(1)(A). A copy of this IRFA will Angeles, California; Pendleton, Oregon; participant will be representing an also be published in the Federal Ft. Lauderdale, Florida; and Salem, organization, please indicate that name Register. Massachusetts. Further notices will be of the organization. Ordering Clauses published and posted on FRA’s web site FRA will attempt to accommodate all (http://fra.dot.gov) regarding hearings to persons wishing to provide testimony, Pursuant to §§ 4(i)–(j) of the be held in the remaining locations listed however depending on the number of Communications Act of 1934, as in the NPRM: Berea, Ohio; South Bend, people wishing to participate, FRA may amended, 47 USC 154(i)–(j), 303(c), (f), Indiana; and Chicago, Illinois. find it necessary to limit the length of and (r), and 309(j), notice is hereby DATES: Public Hearings: Public hearings oral comments to accommodate as many given of the proposed amendment to will be held in: people as possible. Participants may Part 76 of the Commission’s rules, in 1. Washington, DC on March 6, 2000; wish to submit a complete written accordance with the proposals, 2. Los Angeles area, California on statement for inclusion in the record, discussions, and statements of issues March 15, 2000; while orally summarizing the points contained in this Notice of Proposed 3. Pendleton, Oregon on March 17, made in that statement. Rulemaking, and that comment is 2000; sought regarding such proposals, Issued in Washington, DC, on February 11, 4. Ft. Lauderdale, Florida on March 2000. discussions, and statements of issues. It 28, 2000; and S. Mark Lindsey, is further ordered that the Commission’s 5. Salem, Massachusetts on April 3, Office of Public Affairs, Reference Acting Deputy Administrator, Federal 2000. Railroad Administration. Operations division, shall send a copy All hearings will begin at 9:00 am. [FR Doc. 00–3653 Filed 2–14–00; 8:45 am] of this Notice of Proposed Rulemaking, Please see Supplementary Information including the Initial Regulatory for further information concerning BILLING CODE 4910±06±M Flexibility Analysis, to the Chief participation in the public hearings. Counsel for Advocacy of Small Business ADDRESSES: Public Hearings: Public Administration, in accordance with hearings will be held at the following DEPARTMENT OF THE INTERIOR paragraph 603(a) of the Regulatory locations: Flexibility Act, Public Law 96–354, 94 1. Washington DC: Federal Aviation Fish and Wildlife Service Stat. 1164, 5 USC 601 et seq. (1981). Administration Auditorium, Third Federal Communications Commission. Floor, Federal Office Building 10A, 800 50 CFR Part 17 Magalie Roman Salas, Independence Avenue, SW, RIN 1018±AF67 Secretary. Washington, DC 20591. [FR Doc. 00–2618 Filed 2–14–00; 8:45 am] 2. Los Angeles area: Doubletree Hotel, Catalina II Room, 3050 Bristol Street, Endangered and Threatened Wildlife BILLING CODE 6712±01±U Costa Mesa, CA 92626. and Plants; Reopening of the 3. Pendleton, Oregon: City Council Comment Period on the Proposed Rule Chambers, Pendleton City Hall, 500 To Remove the Northern Populations DEPARTMENT OF TRANSPORTATION Southwest Dorian Avenue, Pendleton, of the Tidewater Goby From the List of Endangered and Threatened Wildlife Federal Railroad Administration OR 97801. 4. Ft. Lauderdale, Florida: Doubletree AGENCY: Fish and Wildlife Service, 49 CFR Parts 222 and 229 Oceanfront Hotel, 440 Seabreeze Blvd, Interior. Fort Lauderdale, FL 33316. ACTION: [Docket Nos. FRA±1999±6439, Notice No. 5. Salem, Massachusetts: National Proposed rule; Notice of 2 and FRA±1999±6440] Park Service Visitor Center— reopening of comment period. RIN 2130±AA71 Auditorium, 2 New Liberty Street, SUMMARY: We, the U.S. Fish and Salem, MA 01970. Wildlife Service (Service), pursuant to Use of Locomotive Horns at Highway- FRA Docket Clerk: Docket Clerk, the Endangered Species Act of 1973, as Rail Grade Crossings Office of Chief Counsel, Mail Stop 10, amended (Act), provide notice of the FRA, 1120 Vermont Avenue, NW, AGENCY: reopening of the comment period for the Federal Railroad Washington, DC 20590. E-mail address Administration (FRA), Department of proposed delisting of the northern for the FRA Docket Clerk is populations of the tidewater goby Transportation (DOT). [email protected]. ACTION: Notice of public hearings. (Eucyclogobius newberryi) from the list FOR FURTHER INFORMATION CONTACT: Ron of endangered and threatened wildlife. SUMMARY: On January 13, 2000, FRA Ries, Office of Safety, FRA, 1120 The comment period has been reopened published a Notice of Proposed Vermont Avenue, SW., Washington, DC in response to new information Rulemaking (NPRM) on the Use of 20590 (telephone: 202–493–6299); or regarding tidewater goby marine Locomotive Horns at Highway-Rail Mark Tessler, Office of Chief Counsel, dispersal. This proposal would remove Grade Crossings (Docket No. FRA– FRA, 1120 Vermont Avenue, SW., the northern populations of the 1999–6439). On the same date FRA Washington, DC 20590 (telephone: 202– Tidewater goby from protection under released a Draft Environmental 493–6038). the Act.

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