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Federal Register/Vol. 66, No. 29/Monday, February 12, 2001/Proposed Rules

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Federal Register/Vol. 66, No. 29/Monday, February 12, 2001/Proposed Rules 9806 Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Proposed Rules December 8, 1997. Ten (10) winning coverage of the rule, or any part thereof, attribution standards to 40 percent has bidders for geographic area licenses for for small entities. benefited small businesses. the upper 200 channels in the 800 MHz 64. In our September 1999 First F. Federal Rules That May Duplicate, SMR band qualified as small businesses Biennial Review Order, we concluded Overlap or Conflict With the Proposed under the $15 million size standard. that retention of the CMRS spectrum 61. The lower 230 channels in the 800 cap and cellular cross-interest rule Rules MHz SMR band are divided between serves the public interest. We found that 66. None. General Category channels (the upper the benefits of these bright-line rules in VI. Ordering Clauses 150 channels) and the lower 80 addressing concerns about increased channels. The auction of the 1,053 800 spectrum aggregation continued to make 67. Accordingly, It Is Ordered, MHz SMR geographic area licenses these approaches preferable to exclusive pursuant to the authority of sections 1, (1,050—800 MHz licenses for the reliance on case-by-case review under 4(i), 11, 303(g), and 303(r) of the General Category channels, and 3—800 section 310(d). By setting bright lines for Communications Act of 1934, as MHz licenses for the upper 200 permissible ownership interests, we amended, 47 U.S.C. 151, 154(i), 161, channels from a previous auction) for found that the rules continued to benefit 303(g), and 303(r), that this Notice of the General Category channels began on both the telecommunications industry Proposed Rulemaking is Adopted. August 16, 2000, and was completed on and subscribers, including small 68. It Is Further Ordered that the September 1, 2000. At the close of the businesses, by providing regulatory Commission’s Consumer Information auction, 1,030 licenses were won by certainty and facilitating more rapid Bureau, Reference Information Center, bidders. Eleven (11) winning bidders for processing of transactions. Specifically, Shall Send a copy of the Notice of geographic area licenses for the General we noted that case-by-case review is Proposed Rulemaking, including the Category channels in the 800 MHz SMR especially expensive and time- Initial Regulatory Flexibility Analysis, band qualified as small businesses consuming for small businesses, which to the Chief Counsel for Advocacy of the under the $15 million size standard. often do not have the requisite Small Business Administration. The auction of the 2,800 800 MHz SMR resources. Federal Communications Commission. geographic area licenses for the lower 80 65. In our 2000 biennial regulatory channels of the 800 MHz SMR service review pursuant to section 11, we here Magalie Roman Salas, began on November 1, 2000, and was reexamine our findings and Secretary. completed on December 5, 2000. determinations in September 1999. [FR Doc. 01–3521 Filed 2–9–01; 8:45 am] Nineteen (19) winning bidders for Since that time, there have been BILLING CODE 6712–01–P geographic area licenses for the lower 80 international and economic channels in the 800 MHz SMR band developments that have significantly qualified as small businesses under the affected CMRS markets. For example, DEPARTMENT OF THE INTERIOR $15 million size standard. In addition, consolidation within the CMRS industry there are numerous incumbent site-by- in an effort to create national service Fish and Wildlife Service site SMR licensees on the 800 and 900 footprints has tended to reduce the MHz bands. The Commission awards number of smaller entities providing 50 CFR Part 17 bidding credits in auctions for broadband CMRS on a purely local RIN 1018–AG38 geographic area 800 MHz and 900 MHz level. As part of this 2000 biennial SMR licenses to firms that had revenues review, we seek to develop a record Endangered and Threatened Wildlife of no more than $15 million in each of regarding whether the CMRS spectrum and Plants; Reopening of Public the three previous calendar years. cap and cellular cross-interest rule Comment Period and Notice of continue to make regulatory and Availability of Draft Economic Analysis D. Description of Projected Reporting, economic sense in CMRS markets in the for Proposed Critical Habitat Recordkeeping and Other Compliance current-, mid-, and long-term. In doing Determination for the Spruce-Fir Moss Requirements so, we generally request comment on Spider 62. This NPRM neither proposes nor whether retention, modification, or anticipates any additional reporting, elimination of the CMRS spectrum cap AGENCY: Fish and Wildlife Service, recordkeeping or other compliance and/or cellular cross-interest rule is Interior. measures. appropriate with respect to small ACTION: Proposed rule; notice of businesses that are licensees in the E. Steps Taken to Minimize Significant reopening of public comment period cellular, broadband PCS and/or SMR Economic Impact on Small Entities, and and availability of draft economic services. We seek comment on whether analysis. Significant Alternatives Considered there continues to be a need for these 63. The RFA requires an agency to rules to ensure that new entrants, SUMMARY: We, the U.S. Fish and describe any significant alternatives that including small businesses, have access Wildlife Service, announce the it has considered in reaching its to spectrum licenses both at auction and availability of the draft economic proposed approach, which may include in the secondary market. We inquire analysis for the proposed designation of the following four alternatives (among whether these bright-line rules continue critical habitat for the spruce-fir moss others): (1) The establishment of to create efficiencies and reduce spider (Microhexura montivaga). We differing compliance or reporting transaction costs for small business. We also provide notice that the public requirements or timetables that take into consider the impact on small businesses comment period for the proposal is account the resources available to small if we were to adopt alternative reopened to allow all interested parties entities; (2) the clarification, approaches that rely more heavily on to submit written comments on the consolidation, or simplification of case-by-case review. We also seek proposal and the draft economic compliance or reporting requirements specific comment on various aspects of analysis. Comments previously under the rule for small entities; (3) the these rules that particularly affect small submitted during the comment period use of performance, rather than design, business, such as the whether our need not be resubmitted as they will be standards; and (4) an exemption from September 1999 decision to increase incorporated into the public record and VerDate 11<MAY>2000 16:04 Feb 09, 2001 Jkt 194001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\12FEP1.SGM pfrm08 PsN: 12FEP1 Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Proposed Rules 9807 will be fully considered in the final Grandfather Mountain in North Carolina the Cherokee National Forest in determination on the proposal. (Harp 1992; pers. observation 1995; Jane Tennessee; and the areas of Grandfather DATES: The original comment period Thompson, The Nature Conservancy, Mountain that are proposed for critical closed on December 5, 2000. The pers. comm. 1997); Mount LeConte in habitat designation are privately owned. comment period is hereby reopened Tennessee (Coyle 1997); and Mount Section 4(b)(2) of the Act requires that until April 13, 2001. We must receive Buckley (Coyle, pers. comm. 2000) and we designate or revise critical habitat comments from all interested parties by Roan Mountain in North Carolina and based upon the best scientific and the closing date. Any comments that we Tennessee (Coyle 1999). The Mount commercial data available and after receive after the closing date will not be Mitchell population is believed to be taking into consideration the economic considered in the final decision on this extirpated (Harp 1992), and both the impact, and any other relevant impact, proposal. Mount Collins and Clingmans Dome of specifying any particular area as populations, if still present, are critical habitat. We may exclude an area ADDRESSES: Copies of the draft from critical habitat if we determine that economic analysis are available on the extremely small, with only one spruce- the benefits of excluding the area Internet at http://southeast.fws.gov/ fir moss spider having been found at outweigh the benefits of including the hotissues/hot_index.html or by writing each of these two sites in recent years (Harp 1991, 1992). area as critical habitat, provided such to or calling the State Supervisor, The microhabitat of the spruce-fir exclusion will not result in the Asheville Field Office, U.S. Fish and moss spider appears to be virtually extinction of the species. Consequently, Wildlife Service, 160 Zillicoa Street, restricted to certain areas of rock we have prepared a draft economic Asheville, North Carolina 28801; outcrops and boulders in Fraser fir and/ analysis concerning the proposed telephone 828/258–3939. or fir-dominated spruce-fir forests. The critical habitat designation, which is If you wish to comment, you may primary threat to, and reason for, the available for review and comment at the submit your comments by any one of recent decline of the spruce-fir moss above Internet and mailing addresses. several methods: spider at all of the sites from which it 1. You may submit written comments Public Comments Solicited has been recorded appears to be and information to the State Supervisor, associated with the loss of suitable moss We solicit comments on the draft Asheville Field Office, U.S. Fish and habitat, due primarily to the loss of economic analysis described in this Wildlife Service, 160 Zillicoa Street, mature Fraser firs (Coyle, in litt., 1991, notice, as well as any other aspect of the Asheville, North Carolina 28801.
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