Freeze on the Filing of Certain TV and DTV Requests for Allotment or Service Area Changes, 2164-2165 [05-467]

Download as PDF 2164 Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices guidance. The final revised guidance will not be effective prior to EPA’s publication of the question and answer document.’’ (See Revised Addendum to the CAP agreement conveyed to the CAP participants via a May 15, 1996 letter from the Office of Enforcement and Compliance Assurance.) This statement of intent was similar to proposals contained in the March 9, 1995 proposed TSCA section 8(e) Guidance which was the subject of a notice of availability published in the Federal Register of March 20, 1995 (60 FR 14756) (FRL–4937–6). The June 3, 2003 Federal Register notice discusses the CAP in several places as part of the history of the development of the revised guidance. (See, e.g., 68 FR 33131, Unit II.C.). The notice also mentions the planned question and answer document (68 FR 33133). Yet, the June 3, 2003 notice never linked the effective date of the Reporting Guidance to the publication of a question and answer document. Rather, as mentioned in this unit, the best reading of the notice is that the Guidance was effective and applicable upon publication. The Agency has now made a question and answer document available. It can be found on the OPPT’s TSCA section 8(e) internet site: https://www.epa.gov/ oppt/tsca8e/. EPA hopes and expects that the guidance has been, and will continue to be, useful to manufacturers (including importers), processors, and distributors of chemical substances and mixtures in fulfilling their responsibilities under TSCA section 8(e). the Farm Credit Administration in McLean, Virginia, on January 13, 2005, from 9 a.m. until such time as the Board concludes its business. FOR FURTHER INFORMATION CONTACT: Jeanette C. Brinkley, Secretary to the Farm Credit Administration Board, (703) 883–4009, TTY (703) 883–4056. ADDRESSES: Farm Credit Administration, 1501 Farm Credit Drive, McLean, Virginia 22102–5090. SUPPLEMENTARY INFORMATION: This meeting of the Board will be open to the public (limited space available). In order to increase the accessibility to Board meetings, persons requiring assistance should make arrangements in advance. The matters to be considered at the meeting are: List of Subjects Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping. Freeze on the Filing of Certain TV and DTV Requests for Allotment or Service Area Changes Dated: January 3, 2005. Susan B. Hazen, Acting Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. [FR Doc. 05–620 Filed 1–11–05; 8:45 am] BILLING CODE 6560–50–S FARM CREDIT ADMINISTRATION Farm Credit Administration Board; Regular Meeting; Sunshine Act Farm Credit Administration. Notice is hereby given, pursuant to the Government in the Sunshine Act (5 U.S.C. 552b(e)(3)), of the regular meeting of the Farm Credit Administration Board (Board). DATE AND TIME: The regular meeting of the Board will be held at the offices of AGENCY: SUMMARY: VerDate jul<14>2003 17:37 Jan 11, 2005 Jkt 205001 Open Session A. Approval of Minutes • December 9, 2004 (Open and Closed) B. Reports • Corporate Report C. New Business—Other • Fiscal Year 2004 Financial Audit Dated: January 7, 2005. Jeanette C. Brinkley, Secretary, Farm Credit Administration Board. [FR Doc. 05–684 Filed 1–7–05; 4:57 pm] BILLING CODE 6705–01–P FEDERAL COMMUNICATIONS COMMISSION [DA 04–2446] Federal Communications Commission. ACTION: Notice. AGENCY: SUMMARY: This document announces an immediate freeze on the filing of certain requests by analog and digital television broadcast stations for changes to existing DTV and analog TV service areas and channels. This freeze will assist the Commission in the process of implementing a channel election and repacking process that will assign to eligible television broadcasters a posttransition DTV channel in the core television spectrum (i.e., channels 2– 51). The Freeze became effective on August 3, 2004. ADDRESSES: Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. DATES: PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 Kim Matthews, Policy Division, Media Bureau, Federal Communications Commission, (202) 418–2120. SUPPLEMENTARY INFORMATION: Beginning immediately, and until further notice, the Commission will not accept for filing certain requests by analog and digital television broadcast stations for changes to existing DTV and analog TV service areas and channels. Specifically, until further notice, the Commission will not accept for filing the following: • Petitions for rulemaking to change DTV channels within the DTV Table of Allotments. • Petitions for rulemaking for new DTV allotment proceedings. • Petitions for rulemaking to swap incore DTV and NTSC channels. • Applications to change DTV channel allotments among two or more licensees. • Petitions for rulemaking by licensees/permittees to change NTSC channels or communities of license. • Television modification applications that would increase a station’s DTV service area in channels 2–51 in one or more directions beyond the combined area resulting from the station’s parameters as defined in the following: (1) The DTV Table of Allotments; (2) Commission authorizations (license and/or construction permit); and (3) applications on file with the Commission prior to release of the freeze public notice; and television modification applications that would increase a station’s analog service area in channels 2–51 in one or more directions beyond the combined area resulting from the station’s parameters as defined in the following: (1) Commission authorizations (license and/or construction permit) and (2) applications on file with the Commission prior to release of the freeze public notice. The Bureau may consider, on a case by case basis and consistent with the public interest, amendments to those applications to, for example, resolve interference with other stations or pending applications or to resolve mutual exclusivity with other pending applications. In earlier public notices, we have frozen maximization applications for channels 52–59 and 60– 69. • Class A station displacement applications and applications for coverage changes that would serve any area that is not already served by that Class A station’s authorized facilities. As an exception to this freeze, on-air Class A stations demonstrating that they face imminent disruption of service may FOR FURTHER INFORMATION CONTACT: E:\FR\FM\12JAN1.SGM 12JAN1 Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices request Special Temporary Authority (STA) to continue operations. Displacement applications filed by outof-core LPTV stations that have been deemed Class A-eligible requesting to move to an in-core channel where Class A authority could be granted will not be acted on during this freeze, but for such stations, immediate non-Class A LPTV displacement relief may be requested through an STA. Notwithstanding this freeze, licensees will not be prevented from filing modification applications when the application would resolve international coordination issues or when a broadcast station seeks a new tower site due to the events of September 11, 2001. The Commission is in the process of developing a channel election and repacking process that will assign to eligible television broadcasters a posttransition DTV channel in the core television spectrum (i.e., channels 2– 51). Channel election procedures will be announced in the Commission’s Second Periodic Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television, MB Docket No. 03–15, RM 9832. This freeze is a necessary first step to ensure a stable television database prior to the commencement of the channel election process. Prohibiting the filing of new applications and petitions requesting new channels or service areas will allow broadcasters to evaluate stations’ technical parameters and thereby facilitate channel elections and the creation of a new DTV Table of Allotments. Imposition of an immediate freeze will ensure that new applications and petitions are not filed in anticipation of future limitations, thus defeating the administrative purpose of the action herein, and will ensure that technical parameters do not continue to change while broadcasters make their channel election decisions. The Bureau will consider, on a caseby-case basis, requests for waiver of this freeze when a modification application is necessary or otherwise in the public interest for technical or other reasons to maintain quality service to the public, such as when zoning restrictions preclude tower construction at a particular site or when unforeseen events, such as extreme weather events or other extraordinary circumstances, require relocation to a new tower site. As with any request for waiver of our rules, a request for waiver of the freeze imposed in the freeze public notice will be granted only upon a showing of good cause and when grant of the waiver will serve the public interest. The decision to impose this freeze is procedural in nature and therefore the VerDate jul<14>2003 17:37 Jan 11, 2005 Jkt 205001 freeze is not subject to the notice and comment and effective date requirements of the Administrative Procedure Act. See 5 U.S.C. 553(b)(A), (d); Kessler v. FCC, 326 F. 2d 673 (D.C. Cir. 1963). Moreover, there is good cause for the Commission’s not using notice and comment procedures in this case, and not delaying the effect of the freeze until 30 days after publication in the Federal Register, because to do either would be impractical, unnecessary, and contrary to the public interest because compliance would undercut the purposes of the freeze. See 5 U.S.C. 553(b)(B), (d)(3). This action is taken by the Chief, Media Bureau pursuant to authority delegated by § 0.283 of the Commission’s rules. Federal Communications Commission. Steven A. Broeckaert, Deputy Chief, Policy Division, Media Bureau. [FR Doc. 05–467 Filed 1–11–05; 8:45 am] BILLING CODE 6712–01–P FEDERAL MARITIME COMMISSION Notice of Agreement Filed The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. Interested parties may obtain copies of agreements by contacting the Commission’s Office of Agreements at 202–523–5793 or via e-mail at tradeanalysis@fmc.gov. Interested parties may submit comments on an agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within 10 days of the date this notice appears in the Federal Register. Agreement No.: 010977–055. Title: Hispaniola Discussion Agreement. Parties: Crowley Liner Services; Seaboard Marine; Tropical Shipping and Construction Co. Ltd.; and Frontier Liner Services. Filing Party: Wayne R. Rohde, Esq.; Sher & Blackwell; 1850 M Street, NW.; Suite 900; Washington, DC 20036. Synopsis: The amendment adds Nina (Bermuda) Ltd. d/b/a FTD Shipping Line as a party to the agreement. Agreement No.: 011584–005. Title: NYK/WW Lines/NSCSA Cooperative Working Agreement. Parties: Nippon Yusen Kaisha; Wallenius Wilhelmsen Lines AS, and National Shipping Company of Saudi Arabia. Filing Party: Wayne R. Rohde, Esq.; Sher & Blackwell; 1850 M Street, NW.; Suite 900; Washington, DC 20036. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 2165 Synopsis: The amendment deletes HUAL A/S as a party to the agreement. Agreement No.: 011602–005. Title: Grand Alliance Agreement II. Parties: Hapag-Lloyd Container Linie GmbH; Nippon Yusen Kaisha; Orient Overseas Container Line, Inc.; Orient Overseas Container Line Limited; Orient Overseas Container Line (Europe) Limited; P&O Nedlloyd Limited; and P&O Nedlloyd, B.V. Filing Party: Wayne R. Rohde, Esq.; Sher & Blackwell; 1850 M Street, NW.; Suite 900; Washington, DC 20036; and Neal M. Mayer; Hoppel, Mayer & Coleman; 1000 Connecticut Ave., NW., Suite 400; Washington, DC 20036. Synopsis: The subject modification would suspend the parties’ rate and service contract authority under the agreement until further notice. Agreement No.: 011618–002. Title: APL/MOL/HMM Trans-Pacific Slot Exchange Agreement. Parties: American President Lines, Ltd.; APL Co. PTE, Ltd.; Mitsui O.S.K. Lines, Ltd.; and Hyundai Merchant Marine Co., Ltd. Filing Party: David B. Cook, Esq.; Goodwin Procter LLP; 901 New York Ave., NW.; Washington, DC 20001. Synopsis: The modification would delete the parties’ authority to discuss and agree on rates and the terms and conditions for service contracts. Agreement No.: 011623–003. Title: APL/MOL/HMM Asia-US Atlantic Coast Space Sharing Agreement. Parties: American President Lines, Ltd.; APL Co. PTE, Ltd.; Mitsui O.S.K. Lines, Ltd.; and Hyundai Merchant Marine Co., Ltd. Filing Party: David B. Cook, Esq.; Goodwin Procter LLP; 901 New York Ave., NW.; Washington, DC 20001. Synopsis: The modification would delete the parties’ authority to discuss and agree on rates and the terms and conditions for service contracts. Agreement No.: 011894. Title: Lykes/TMM/Montemar Slot Swap Agreement. Parties: Lykes Lines Limited, LLC; TMM Lines Limited, LLC; and Montemar Maritima, S.A. Filing Party: Wayne R. Rohde, Esq.; Sher & Blackwell; 1850 M Street, NW., Suite 900; Washington, DC 20036. Synopsis: The agreement authorizes Lykes/TMM to exchange space on their U.S. Gulf-East Coast of South America service for space on Montemar’s U.S. East Coast-East Coast of South America service. Dated: January 6, 2005. E:\FR\FM\12JAN1.SGM 12JAN1

Agencies

[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Notices]
[Pages 2164-2165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-467]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[DA 04-2446]


Freeze on the Filing of Certain TV and DTV Requests for Allotment 
or Service Area Changes

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document announces an immediate freeze on the filing of 
certain requests by analog and digital television broadcast stations 
for changes to existing DTV and analog TV service areas and channels. 
This freeze will assist the Commission in the process of implementing a 
channel election and repacking process that will assign to eligible 
television broadcasters a post-transition DTV channel in the core 
television spectrum (i.e., channels 2-51).

DATES: The Freeze became effective on August 3, 2004.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Kim Matthews, Policy Division, Media 
Bureau, Federal Communications Commission, (202) 418-2120.

SUPPLEMENTARY INFORMATION: Beginning immediately, and until further 
notice, the Commission will not accept for filing certain requests by 
analog and digital television broadcast stations for changes to 
existing DTV and analog TV service areas and channels. Specifically, 
until further notice, the Commission will not accept for filing the 
following:
     Petitions for rulemaking to change DTV channels within the 
DTV Table of Allotments.
     Petitions for rulemaking for new DTV allotment 
proceedings.
     Petitions for rulemaking to swap in-core DTV and NTSC 
channels.
     Applications to change DTV channel allotments among two or 
more licensees.
     Petitions for rulemaking by licensees/permittees to change 
NTSC channels or communities of license.
     Television modification applications that would increase a 
station's DTV service area in channels 2-51 in one or more directions 
beyond the combined area resulting from the station's parameters as 
defined in the following: (1) The DTV Table of Allotments; (2) 
Commission authorizations (license and/or construction permit); and (3) 
applications on file with the Commission prior to release of the freeze 
public notice; and television modification applications that would 
increase a station's analog service area in channels 2-51 in one or 
more directions beyond the combined area resulting from the station's 
parameters as defined in the following: (1) Commission authorizations 
(license and/or construction permit) and (2) applications on file with 
the Commission prior to release of the freeze public notice. The Bureau 
may consider, on a case by case basis and consistent with the public 
interest, amendments to those applications to, for example, resolve 
interference with other stations or pending applications or to resolve 
mutual exclusivity with other pending applications. In earlier public 
notices, we have frozen maximization applications for channels 52-59 
and 60-69.
     Class A station displacement applications and applications 
for coverage changes that would serve any area that is not already 
served by that Class A station's authorized facilities. As an exception 
to this freeze, on-air Class A stations demonstrating that they face 
imminent disruption of service may

[[Page 2165]]

request Special Temporary Authority (STA) to continue operations. 
Displacement applications filed by out-of-core LPTV stations that have 
been deemed Class A-eligible requesting to move to an in-core channel 
where Class A authority could be granted will not be acted on during 
this freeze, but for such stations, immediate non-Class A LPTV 
displacement relief may be requested through an STA.
    Notwithstanding this freeze, licensees will not be prevented from 
filing modification applications when the application would resolve 
international coordination issues or when a broadcast station seeks a 
new tower site due to the events of September 11, 2001.
    The Commission is in the process of developing a channel election 
and repacking process that will assign to eligible television 
broadcasters a post-transition DTV channel in the core television 
spectrum (i.e., channels 2-51). Channel election procedures will be 
announced in the Commission's Second Periodic Review of the 
Commission's Rules and Policies Affecting the Conversion to Digital 
Television, MB Docket No. 03-15, RM 9832. This freeze is a necessary 
first step to ensure a stable television database prior to the 
commencement of the channel election process. Prohibiting the filing of 
new applications and petitions requesting new channels or service areas 
will allow broadcasters to evaluate stations' technical parameters and 
thereby facilitate channel elections and the creation of a new DTV 
Table of Allotments. Imposition of an immediate freeze will ensure that 
new applications and petitions are not filed in anticipation of future 
limitations, thus defeating the administrative purpose of the action 
herein, and will ensure that technical parameters do not continue to 
change while broadcasters make their channel election decisions.
    The Bureau will consider, on a case-by-case basis, requests for 
waiver of this freeze when a modification application is necessary or 
otherwise in the public interest for technical or other reasons to 
maintain quality service to the public, such as when zoning 
restrictions preclude tower construction at a particular site or when 
unforeseen events, such as extreme weather events or other 
extraordinary circumstances, require relocation to a new tower site. As 
with any request for waiver of our rules, a request for waiver of the 
freeze imposed in the freeze public notice will be granted only upon a 
showing of good cause and when grant of the waiver will serve the 
public interest.
    The decision to impose this freeze is procedural in nature and 
therefore the freeze is not subject to the notice and comment and 
effective date requirements of the Administrative Procedure Act. See 5 
U.S.C. 553(b)(A), (d); Kessler v. FCC, 326 F. 2d 673 (D.C. Cir. 1963). 
Moreover, there is good cause for the Commission's not using notice and 
comment procedures in this case, and not delaying the effect of the 
freeze until 30 days after publication in the Federal Register, because 
to do either would be impractical, unnecessary, and contrary to the 
public interest because compliance would undercut the purposes of the 
freeze. See 5 U.S.C. 553(b)(B), (d)(3).
    This action is taken by the Chief, Media Bureau pursuant to 
authority delegated by Sec.  0.283 of the Commission's rules.

Federal Communications Commission.

Steven A. Broeckaert,
Deputy Chief, Policy Division, Media Bureau.
[FR Doc. 05-467 Filed 1-11-05; 8:45 am]
BILLING CODE 6712-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.