Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations 31927 telephone companies' wires even SUMMARY: This document reallots 47 CFR Part 73 though the cable operator was affiliated Channel 260A from Tuskegee to with the telephone company in Tallassee, Alabama, and modifies the [MM Docket No. 91±129; RM±7664] violation of the rules by virtue of their license of WACQ, Incorporated for joint interest in the contractor that was Station WACQ-FM, as requested, Radio Broadcasting Services; Lake to build the cable system. The court pursuant to the provisions of Section Havasu City, AZ acknowledged that the project ``presents 1.420(i) of the Commission's Rules. The a number of advantages that might AGENCY: Federal Communications allotment of Channel 260A to Tallassee Commission. justify a good cause waiver.'' However, will provide a first local FM service to ACTION: it held that the Commission had ``failed the community without depriving Final rule. ** * to explain why any of these Tuskegee of local aural transmission SUMMARY: This document allots FM advantages require [the contractor's] service. See 57 FR 44354, September 25, participation as [the telephone Channel 244C2 to Lake Havasu City, 1992. Coordinates used for Channel Arizona, as that community's fourth companies'] contractor.'' In this case, in 260A at Tallassee, Alabama, are 32±26± contrast, in light of the decisions local FM service, in response to a 30 and 85±47±45. With this action, the petition for rulemaking filed on behalf holding Section 613(b) unconstitutional, proceeding is terminated. it is necessary to waive Section 613(b) of Bridge Broadcasting. See 56 FR 21465, May 9, 1991. Coordinates used to allow affiliates of telephone EFFECTIVE DATE: July 28, 1995. companies to provide video for Channel 244C2 at Lake Havasu City programming in order to render the FOR FURTHER INFORMATION CONTACT: are 34±29±02 and 114±19±18. Lake statute constitutional. The Ninth Circuit Nancy Joyner, Mass Media Bureau, (202) Havasu City is located within 320 recognized that a waiver might be 418±2180. kilometers (199 miles of the United States-Mexico border and therefore, warranted in these circumstances in SUPPLEMENTARY INFORMATION: This is a GTE California, Inc. v. FCC, 39 F.3d 940 concurrence of the Mexican government synopsis of the Commission's Report to this proposal was obtained. With this (1994), a case that (unlike NCTA v. FCC) and Order, MM Docket No. 92±196, involved a constitutional challenge to action, the proceeding is terminated. adopted June 6, 1995, and released June DATES: Effective July 28, 1995. The Section 613(b). The Ninth Circuit stated 13, 1995. The full text of this in that case, in response to the argument window period for filing applications Commission decision is available for on Channel 244C2 at Lake Havasu City, that Section 613(b) is unconstitutional, inspection and copying during normal that ``GTECA did not present the Arizona, will open on July 28, 1995, and business hours in the FCC's Reference close on August 28, 1995. constitutional issue to the Commission Center (Room 239), 1919 M Street, NW., at a point in this proceeding where it FOR FURTHER INFORMATION CONTACT: Washington, DC. The complete text of could have tried to obviate the Nancy Joyner, Mass Media Bureau, (202) this decision may also be purchased constitutional question by granting 418±2180. Questions related to the from the Commission's copy discretionary relief, such as a permanent window application filing process for contractors, International Transcription waiver.'' As that statement recognizes, a Channel 244C2 at Lake Havasu City, Service, Inc., (202) 857±3800, located at waiver is warranted to implement what Arizona, should be addressed to the 1919 M Street, NW., Room 246, or 2100 the Ninth Circuit in US West termed our Audio Services Division, FM Branch, M Street, NW., Suite 140, Washington, ``more speech-friendly plan'' and hence (202) 418±2700. DC 20037. avoid a serious constitutional issue. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Report 17. Conclusion. Accordingly, it is List of Subjects in 47 CFR Part 73 ordered that Section 613(b)(4) of the and Order, MM Docket No. 91±129, Communications Act is interpreted to Radio broadcasting. adopted June 5, 1995, and released June authorize waivers permitting telephone 13, 1995. The full text of this companies to provide video Part 73 of title 47 of the Code of Commission decision is available for programming directly to subscribers in Federal Regulations is amended as inspection and copying during normal their telephone service area pursuant to follows: business hours in the FCC's Reference the rules we will adopt in this docket or Center (Room 239), 1919 M Street, NW., related rulemaking proceedings. PART 73Ð[AMENDED] Washington, DC. The complete text of this decision may also be purchased List of Subjects in 47 CFR Part 63 1. The authority citation for part 73 from the Commission's copy Ownership rules, Telephone. continues to read as follows: contractors, International Transcription Federal Communications Commission. Authority: Secs. 303, 48 Stat., as amended, Service, Inc., (202) 857±3800, located at William F. Caton, 1082; 47 U.S.C. 154, as amended. 1919 M Street, NW., Room 246, or 2100 Acting Secretary. M Street, NW., Suite 140, Washington, DC 20037. [FR Doc. 95±14833 Filed 6±16±95; 8:45 am] § 73.202 [Amended] BILLING CODE 6712±01±M 2. Section 73.202(b), the Table of FM List of Subjects in 47 CFR Part 73 Allotments under Alabama, is amended Radio broadcasting. 47 CFR Part 73 by removing Channel 260A at Tuskegee, Part 73 of the title 47 of the Code of and by adding Tallassee, Channel 260A. Federal Regulations is amended as [MM Docket No. 92±196; RM±8041] follows: Federal Communications Commission. Radio Broadcasting Services; John A. Karousos, PART 73Ð[AMENDED] Tallassee and Tuskegee, AL Chief, Allocations Branch, Policy and Rules 1. The authority citation for part 73 AGENCY: Federal Communications Division, Mass Media Bureau. continues to read as follows: Commission. [FR Doc. 95±14835 Filed 6±16±95; 8:45 am] Authority: Secs. 303, 48 Stat., as amended, ACTION: Final rule. BILLING CODE 6712±01±F 1082; 47 U.S.C. 154, as amended. 31928 Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules and Regulations § 73.202 [Amended] Part 73 of title 47 of the Code of from the Commission's copy contractor, 2. Section 73.202(b), the Table of FM Federal Regulations is amended as ITS, Inc., (202) 857±3800, 2100 M Allotments under Arizona, is amended follows: Street, NW., Suite 140, Washington, DC by adding Channel 244C2 at Lake 20037. PART 73Ð[AMENDED] Havasu City. List of Subjects in 47 CFR Part 73 Federal Communications Commission. 1. The authority citation for part 73 Radio broadcasting. continues to read as follows: John A. Karousos, Part 73 of title 47 of the Code of Authority: Secs. 303, 48 Stat., as amended, Federal Regulations is amended as Chief, Allocations Branch, Policy and Rules 1082; 47 U.S.C. 154, as amended. Division, Mass Media Bureau. follows: § 73.202 [Amended] [FR Doc. 95±14845 Filed 6±16±95; 8:45 am] PART 73Ð[AMENDED] BILLING CODE 6712±01±F 2. Section 73.202(b), the Table of FM Allotments under California is amended 1. The authority citation for part 73 by adding Channel 278A at Cambria. continues to read as follows: 47 CFR Part 73 Federal Communications Commission. Authority: Secs. 303, 48 Stat., as amended, John A. Karousos, 1082; 47 U.S.C. 154, as amended. [MM Docket No. 95±9; RM±8560] Chief, Allocations Branch, Policy and Rules § 73.202 [Amended] Division, Mass Media Bureau. Radio Broadcasting Services; 2. Section 73.202(b), the Table of FM Cambria, CA [FR Doc. 95±14837 Filed 6±16±95; 8:45 am] Allotments under Mississippi, is BILLING CODE 6712±01±F amended by adding Channel 221A at AGENCY: Federal Communications Clarksdale. Commission. ACTION: Final rule. 47 CFR Part 73 Federal Communications Commission. John A. Karousos, [MM Docket No. 94±73; RM±8489] SUMMARY: This document allots Channel Chief, Allocations Branch, Policy and Rules 278A to Cambria, California, as that Radio Broadcasting Services; Division, Mass Media Bureau. community's second local FM service, Clarksdale, MS [FR Doc. 95±14839 Filed 6±16±95; 8:45 am] in response to a petition for rule making BILLING CODE 6712±01±F filed on behalf of James Kampschroer. AGENCY: Federal Communications See 60 FR 5158, January 26, 1995. Commission. Coordinates used for Channel 278A at ACTION: Final rule. 47 CFR Part 73 Cambria are North Latitude 35±33±54 [MM Docket No. 94±69; RM±8490, RM±8536] and West Longitude 121±04±48. With SUMMARY: The Commission, at the this action, the proceeding is request of Leroy P. Jenkins, Jr., d/b/a Radio Broadcasting Services; Grenada terminated. Delta Blues Broadcasting, allots Channel and Crenshaw, MS DATES: Effective July 28, 1995. The 221A to Clarksdale, Mississippi. See 59 AGENCY: Federal Communications window period for filing applications FR 35292, September 13, 1994. Channel Commission. for Channel 278A at Cambria, 221A can be allotted to Clarksdale, California, will open on July 28, 1995, Mississippi, in compliance with the ACTION: Final rule. and close on August 28, 1995. Commission's minimum distance separation requirements with a site SUMMARY: The Commission, at the FOR FURTHER INFORMATION CONTACT: restriction of 4.8 kilometers (3.0 miles) request of Delta Radio, Inc. allots Nancy Joyner, Mass Media Bureau, (202) west to avoid a short-spacing conflict Channel 222A to Grenada, Mississippi, 418±2180. Questions related to the with the presently licensed site of as the community's second local FM window application filing process for Station WUMS(FM), Channel 221A, service.