Radio Broadcasting Services; Eldorado, Fort Stockton, Mason and Mertzon, TX, 24635 [E6-6296]

Download as PDF hsrobinson on PROD1PC68 with PROPOSALS Federal Register / Vol. 71, No. 80 / Wednesday, April 26, 2006 / Proposed Rules ACA asks the Commission to clarify that 47 CFR 64.1200(a)(1)(iii) of the Commission’s rules does not apply to creditors and collectors when calling telephone numbers to recover payments for goods and services received by consumers. Section 64.1200(a)(1)(iii) of the Commission’s rules prohibit the initiation of ‘‘any telephone call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an automatic telephone dialing system or an artificial or prerecorded voice, to any telephone number assigned to * * * cellular telephone service * * *.’’ See 47 CFR 64.1200(a)(1)(iii) of the Commission’s rules. The Commission’s rules on autodialed and prerecorded message calls to cell phone numbers incorporated the language of the TCPA virtually verbatim. See also 47 U.S.C. 227(b)(1)(iii) of the Communications Act. (‘‘It shall be unlawful for any person within the United States or any person outside the United States if the recipient is within the United States— to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice—to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call[]’’.) ACA maintains that autodialed telephone calls are the most efficient way to contact customers. ACA indicates that creditors use autodialers not for telemarketing purposes, but to recover payments for obligations owed to creditors. According to ACA, the calls do not involve advertising or soliciting the sale of products or services; instead, they are placed to ‘‘complete a transaction’’ in which the customer has received a product or service. ACA also suggests that many customers today use wireless phones as their primary or preferred method of contact, and that wireless telephone numbers are typically provided by the customers—as part of a credit application, for example—for purposes of receiving calls. In addition, ACA argues that Congress did not intend the TCPA’s autodialer restriction to cover calls by or on behalf of creditors when attempting to recover payments. According to ACA, in a 2003 Report and Order revising the TCPA rules, the Commission concluded that a predictive dialer is within the meaning and statutory definition of automatic telephone dialing equipment. VerDate Aug<31>2005 15:03 Apr 25, 2006 Jkt 208001 (Published at 68 FR 44144, July 25, 2003). ACA believes this conclusion has created uncertainty for creditors that use predictive dialers to call wireless phone numbers. Without clarification that creditors’ calls are not subject to the restrictions on autodialed calls to wireless numbers, ACA maintains the credit and collections industry will suffer severe economic harm based on the inability to use autodialers to make such calls. Accordingly, the Commission seeks comment on ACA’s petition. Federal Communications Commission. Jay Keithley, Deputy Bureau Chief, Consumer & Governmental Affairs Bureau. [FR Doc. E6–6022 Filed 4–25–06; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 24635 The complete text of this decision also may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC, 20554, (800) 378–3160, or via the company’s Web site, https:// www.bcpiweb.com. This document is not subject to the Congressional Review Act. (The Commission, is, therefore, not required to submit a copy of this Report and Order to GAO, pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A) because the proposed rule was dismissed.) List of Subjects in 47 CFR part 73 Radio, Radio broadcasting. Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E6–6296 Filed 4–25–06; 8:45 am] BILLING CODE 6712–01–P 47 CFR Part 73 [DA 06–796; MB Docket No. 02–167, RM– 10479, RM–10770] Radio Broadcasting Services; Eldorado, Fort Stockton, Mason and Mertzon, TX Federal Communications Commission. ACTION: Proposed rule; dismissal. AGENCY: Audio Division, at the request of Katherine Pyeatt, dismisses the petition for rule making proposing the allotment of Channel 241A at Eldorado, Texas (RM–10479). We also deny the counterproposal filed by BK Radio proposing the substitution of Channel 239C2 for Channel 240C2 at Mason, the reallotment of Channel 240C2 from Mason to Mertzon, and the modification of Station KOTY(FM)’s license accordingly (RM–10770). We find that the counterproposal does not constitute a preferential arrangement of allotments because the reallotment of Channel 240C2 to Mertzon as a third local FM transmission service would create a gray area. FOR FURTHER INFORMATION CONTACT: Sharon P. McDonald, Media Bureau, (202) 418–2180. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report and Order, MB Docket No. 02–167, adopted April 5, 2006, and released April 7, 2006. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Information Center, Portals II, 445 12th Street, SW., Room CY–A257, Washington, DC 20554. SUMMARY: PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [I.D. 041906B] RIN 0648–AN09 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; Amendment 18A National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Availability of Amendment 18A to the reef fish resources of the Gulf of Mexico; request for comments. AGENCY: SUMMARY: NMFS announces the availability of Amendment 18A to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Amendment 18A) prepared by the Gulf of Mexico Fishery Management Council (Council). Amendment 18A would resolve several issues related to monitoring and enforcement of existing regulations, update the framework procedure for setting total allowable catch (TAC), and reduce bycatch mortality of incidentally caught endangered sea turtles and smalltooth sawfish. The intended effect of Amendment 18A is to support the Council’s efforts to achieve optimum yield in the fishery, and provide social and economic benefits associated with maintaining stability in the fishery. E:\FR\FM\26APP1.SGM 26APP1

Agencies

[Federal Register Volume 71, Number 80 (Wednesday, April 26, 2006)]
[Proposed Rules]
[Page 24635]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6296]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 06-796; MB Docket No. 02-167, RM-10479, RM-10770]


Radio Broadcasting Services; Eldorado, Fort Stockton, Mason and 
Mertzon, TX

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; dismissal.

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SUMMARY: Audio Division, at the request of Katherine Pyeatt, dismisses 
the petition for rule making proposing the allotment of Channel 241A at 
Eldorado, Texas (RM-10479). We also deny the counterproposal filed by 
BK Radio proposing the substitution of Channel 239C2 for Channel 240C2 
at Mason, the reallotment of Channel 240C2 from Mason to Mertzon, and 
the modification of Station KOTY(FM)'s license accordingly (RM-10770). 
We find that the counterproposal does not constitute a preferential 
arrangement of allotments because the reallotment of Channel 240C2 to 
Mertzon as a third local FM transmission service would create a gray 
area.

FOR FURTHER INFORMATION CONTACT: Sharon P. McDonald, Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MB Docket No. 02-167, adopted April 5, 2006, and 
released April 7, 2006. The full text of this Commission decision is 
available for inspection and copying during normal business hours in 
the FCC Information Center, Portals II, 445 12th Street, SW., Room CY-
A257, Washington, DC 20554. The complete text of this decision also may 
be purchased from the Commission's duplicating contractor, Best Copy 
and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC, 
20554, (800) 378-3160, or via the company's Web site, https://
www.bcpiweb.com. This document is not subject to the Congressional 
Review Act. (The Commission, is, therefore, not required to submit a 
copy of this Report and Order to GAO, pursuant to the Congressional 
Review Act, see 5 U.S.C. 801(a)(1)(A) because the proposed rule was 
dismissed.)

List of Subjects in 47 CFR part 73

    Radio, Radio broadcasting.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
 [FR Doc. E6-6296 Filed 4-25-06; 8:45 am]
BILLING CODE 6712-01-P
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