FCC Adopts Application Limit for NCE FM New Station Applications in October 12-October 19, 2007 Window, 58299-58300 [E7-20300]

Download as PDF Federal Register / Vol. 72, No. 198 / Monday, October 15, 2007 / Notices Interested persons are invited to submit comments on or before December 14, 2007. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget (OMB) provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency’s ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. 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DATES: sroberts on PROD1PC70 with NOTICES Dated: October 10, 2007. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Special Education and Rehabilitative Services Type of Review: Extension. Title: Client Assistance Program. Frequency: Annually. Affected Public: Not-for-profit institutions; State, Local, or Tribal Gov’t, SEAs or LEAs. Reporting and Recordkeeping Hour Burden: Responses: 56. Burden Hours: 896. VerDate Aug<31>2005 21:55 Oct 12, 2007 Jkt 214001 Abstract: Form RSA–227 is used to analyze and evaluate the Client Assistance Program (CAP) administered by designated CAP agencies. These agencies provide services to individuals seeking or receiving services from programs and projects authorized by the Rehabilitation Act of 1973, as amended. Data also are reported on information and referral services provided to any individual with a disability. Requests for copies of the proposed information collection request may be accessed from https://edicsweb.ed.gov, by selecting the ‘‘Browse Pending Collections’’ link and by clicking on link number 3507. When you access the information collection, click on ‘‘Download Attachments’’ to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202–4700. Requests may also be electronically mailed to ICDocketMgr@ed.gov or faxed to 202– 245–6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to ICDocketMgr@ed.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– 800–877–8339. [FR Doc. E7–20259 Filed 10–12–07; 8:45 am] BILLING CODE 4000–01–P FEDERAL COMMUNICATIONS COMMISSION [FCC 07–179; MM Docket No. 95–31] FCC Adopts Application Limit for NCE FM New Station Applications in October 12–October 19, 2007 Window Federal Communications Commission. ACTION: Notice. AGENCY: SUMMARY: In this document, the Commission adopts an application limit in the noncommercial educational FM broadcast application filing window scheduled for October 12–October 19, 2007. The purpose of the limit is to permit the expeditious processing of applications filed in the window and deter speculative filings. The Commission concludes that an appropriate limit for any party is an attributable interest in no more than ten applications for new noncommercial educational FM broadcast stations filed in the window, excluding major PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 58299 modification applications and pending applications. DATES: October 12–October 19, 2007 Filing Window for Noncommercial Educational New Station Applications. ADDRESSES: Secretary, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. Internet address: https://www.fcc.gov. FOR FURTHER INFORMATION CONTACT: Irene Bleiweiss, 202–418–2785, Audio Division, Media Bureau. SUPPLEMENTARY INFORMATION: This is a summary of a Public Notice adopted on October 10, 2007, and released on October 10, 2007. The complete text of this document is available for inspection and copying during normal business hours in the FCC Reference Center (Room CY–A257), 445 12th Street, SW., Washington, DC. It is also available for inspection and copying during regular business hours in the FCC Reference Center (Room CY–A257), 445 12th Street, SW., Washington, DC 20554. The full text of this document also may be purchased from the Commission’s duplication contractor, Best Copy and Printing Inc., Portals II, 445 12th St., SW., Room CY–B402, Washington, DC 20554; telephone (202) 488–5300; fax (202) 488–5563; e-mail FCC@BCPIWEB.COM. It is also available on the Commission’s Web site at https://www.fcc.gov. Summary of Public Notice: In this document, released on October 10, 2007, the Commission adopts a tenapplication limit on noncommercial educational (‘‘NCE’’) FM new station and major change applications filed by any party during the filing window opening on Friday, October 12, 2007 and closing on Friday, October 19, 2007 for FM reserved band (channels 201– 220). On August 9, 2007, the Commission issued a Public Notice (the ‘‘Notice’’) seeking comment on this proposed tenapplication limit (published at 72 FR 47039 on August 22, 2007). More than 10,000 comments were filed in response to the Notice. The overwhelming majority of the commenters supported the proposed limit of ten new station applications filed by any party during the window. Accordingly, the Commission concludes in this Public Notice that an application limit is a lawful and appropriate procedural safeguard to permit the expeditious processing of the window-filed applications with limited Bureau resources and to deter speculation. Our examination of the record confirms our concern that failure to establish a limit on the number of NCE FM applications that a party may file in the window E:\FR\FM\15OCN1.SGM 15OCN1 sroberts on PROD1PC70 with NOTICES 58300 Federal Register / Vol. 72, No. 198 / Monday, October 15, 2007 / Notices would lead to a large number of speculative filings, creating the potential for extraordinary procedural delays. The Commission finds that a ten-application limit is consistent with the localism and diversity goals reflected in the NCE FM point system and appropriately balances our goals of deterring speculative filings, facilitating the expeditious processing of windowfiled applications with limited Commission resources, and providing interested parties with a meaningful opportunity to file for NCE FM new station licenses. We acknowledge the concern expressed by some commenters about the potential for attempts to circumvent the application limit. We note that the Bureau retains the discretion to conduct investigations and, where there is a substantial and material question of fact regarding real parties in interest, the Commission will designate applications for hearing to determine whether the applications comply with the Commission’s rules and policies. Effective Date of Public Notice. The Commission finds that there is good cause to make this Public Notice effective immediately. See 5 U.S.C. 553(d)(3). The Commission’s experience with the 2003 FM translator window demonstrates that there is a strong and unmet demand for scarce FM spectrum and that applicants will aggressively pursue all new radio station licensing opportunities. The Commission is concerned that postponing the window will provide an opportunity for parties to develop and implement filing strategies to circumvent the limit on applications and to thwart the public interest benefits that the ten-application cap is intended to achieve. Moreover, the Commission announced this filing window more than six months ago. Applicants have relied on this window closing on October 19, 2007, a date that will be used to establish certain comparative qualifications among competing applicants. Accordingly, the Commission is reluctant to modify this well-publicized filing deadline. Finally, postponing the window would require the Commission to extend the freeze on reserved band and certain non-reserved band minor change application filings. The Commission concludes that such an extension would impose unreasonable burdens on many radio licensees. Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980, as amended (‘‘RFA’’), requires that a regulatory flexibility analysis be prepared for notice-and-comment rulemaking proceedings, unless the agency certifies that ‘‘the rule will not, if promulgated, have a significant VerDate Aug<31>2005 21:55 Oct 12, 2007 Jkt 214001 economic impact on a substantial number of small entities.’’ The RFA generally defines the term ‘‘small entity’’ as having the same meaning as the terms ‘‘small business,’’ ‘‘small organization,’’ and ‘‘small governmental jurisdiction.’’ In addition, the term ‘‘small business’’ has the same meaning as the term ‘‘small business concern’’ under the Small Business Act. A ‘‘small business concern’’ is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (‘‘SBA’’). Pursuant to Section 605(b) of the RFA, we certify that the application limit adopted in this document imposes no significant economic impact on a substantial number of small entities. The application limit will benefit small entities seeking to establish a new NCE FM service on a local or regional basis by expediting the review and processing of applications filed during the filing window opening on Friday, October 12, 2007. In the Commission’s rulemaking proceeding on comparative standards for NCE applicants, the Commission reserved the right to establish by Public Notice a limit on the number of NCE applications by a party in a filing window. In the Notice, the Commission explained that numerous entities involved in NCE FM operations urged the agency to establish an application limit for the filing window to prevent mass filings of speculative applications. The vast majority of comments filed in response to the Notice agreed with the Commission’s tentative conclusion that ten applications is an appropriate limit to deter speculative applications and facilitate the prompt processing of applications. Based on the record in this proceeding, we have concluded that a lower limit would not effectively meet the demand for new NCE FM channels, whereas a higher limit would impose unacceptable processing delays on all applicants, overriding any potential benefits to a few applicants interested in filing more than ten applications in this window. The limit excludes both pending applications by NCE FM stations and applicants and new major change applications by existing NCE FM stations seeking to modify their existing authorizations, so the limit involves no detriment to those applicants. This document and final RFA certification will be sent to the Chief Counsel for Advocacy of the SBA. The Commission has authority to collect these applications under OMB Control # 3060–0034. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Federal Communications Commission. Gloria J. Miles, Federal Register Liaison. [FR Doc. E7–20300 Filed 10–12–07; 8:45 am] BILLING CODE 6712–01–P FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Agency Meeting Pursuant to the provisions of the ‘‘Government in the Sunshine Act’’ (5 U.S.C. 552b), notice is hereby given that the Federal Deposit Insurance Corporation’s Board of Directors will meet in open session at 10 a.m. on Tuesday, October 16, 2007, to consider the following matters: Summary Agenda: No substantive discussion of the following items is anticipated. These matters will be resolved with a single vote unless a member of the Board of Directors requests that an item be moved to the discussion agenda. Disposition of minutes of previous Board of Directors’ meetings. Memorandum and resolution re: Proposed FDIC Liquidation Investment Policy. Memorandum and resolution re: Final Rule Adopting Amendment to Part 344 to Extend the Time Period to Report Quarterly Personal Securities Transactions. Memorandum and resolution re: Proposed Amendments to Annual Audit and Reporting Requirements (Part 363) and Related Technical Amendment (Part 308, Subpart U). Memorandum and resolution re: Notice of New and Revised Privacy Act Systems of Records. Discussion Agenda: Memorandum and resolution re: Interagency Final Rule Regarding Affiliate Marketing—Section 214 of the Fair and Accurate Credit Transactions Act of 2003. Memorandum and resolution re: Interagency Final Rule Regarding Identity Theft Red Flags and Address Discrepancies under Section 114 and 315 of the Fair and Accurate Credit Transactions Act of 2003. The meeting will be held in the Board Room on the sixth floor of the FDIC Building located at 550 17th Street, NW., Washington, DC. The FDIC will provide attendees with auxiliary aids (e.g., sign language interpretation) required for this meeting. Those attendees needing such assistance should call (703) 562–6067 (Voice or TTY), to make necessary arrangements. Requests for further information concerning the meeting may be directed E:\FR\FM\15OCN1.SGM 15OCN1

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[Federal Register Volume 72, Number 198 (Monday, October 15, 2007)]
[Notices]
[Pages 58299-58300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20300]


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FEDERAL COMMUNICATIONS COMMISSION

[FCC 07-179; MM Docket No. 95-31]


FCC Adopts Application Limit for NCE FM New Station Applications 
in October 12-October 19, 2007 Window

AGENCY: Federal Communications Commission.

ACTION: Notice.

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

SUMMARY: In this document, the Commission adopts an application limit 
in the noncommercial educational FM broadcast application filing window 
scheduled for October 12-October 19, 2007. The purpose of the limit is 
to permit the expeditious processing of applications filed in the 
window and deter speculative filings. The Commission concludes that an 
appropriate limit for any party is an attributable interest in no more 
than ten applications for new noncommercial educational FM broadcast 
stations filed in the window, excluding major modification applications 
and pending applications.

DATES: October 12-October 19, 2007 Filing Window for Noncommercial 
Educational New Station Applications.

ADDRESSES: Secretary, Federal Communications Commission, 445 12th 
Street, SW., Washington, DC 20554. Internet address: https://
www.fcc.gov.

FOR FURTHER INFORMATION CONTACT: Irene Bleiweiss, 202-418-2785, Audio 
Division, Media Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of a Public Notice adopted 
on October 10, 2007, and released on October 10, 2007. The complete 
text of this document is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room CY-A257), 445 
12th Street, SW., Washington, DC. It is also available for inspection 
and copying during regular business hours in the FCC Reference Center 
(Room CY-A257), 445 12th Street, SW., Washington, DC 20554. The full 
text of this document also may be purchased from the Commission's 
duplication contractor, Best Copy and Printing Inc., Portals II, 445 
12th St., SW., Room CY-B402, Washington, DC 20554; telephone (202) 488-
5300; fax (202) 488-5563; e-mail FCC@BCPIWEB.COM. It is also available 
on the Commission's Web site at https://www.fcc.gov.
    Summary of Public Notice: In this document, released on October 10, 
2007, the Commission adopts a ten-application limit on noncommercial 
educational (``NCE'') FM new station and major change applications 
filed by any party during the filing window opening on Friday, October 
12, 2007 and closing on Friday, October 19, 2007 for FM reserved band 
(channels 201-220).
    On August 9, 2007, the Commission issued a Public Notice (the 
``Notice'') seeking comment on this proposed ten-application limit 
(published at 72 FR 47039 on August 22, 2007). More than 10,000 
comments were filed in response to the Notice. The overwhelming 
majority of the commenters supported the proposed limit of ten new 
station applications filed by any party during the window. Accordingly, 
the Commission concludes in this Public Notice that an application 
limit is a lawful and appropriate procedural safeguard to permit the 
expeditious processing of the window-filed applications with limited 
Bureau resources and to deter speculation. Our examination of the 
record confirms our concern that failure to establish a limit on the 
number of NCE FM applications that a party may file in the window

[[Page 58300]]

would lead to a large number of speculative filings, creating the 
potential for extraordinary procedural delays. The Commission finds 
that a ten-application limit is consistent with the localism and 
diversity goals reflected in the NCE FM point system and appropriately 
balances our goals of deterring speculative filings, facilitating the 
expeditious processing of window-filed applications with limited 
Commission resources, and providing interested parties with a 
meaningful opportunity to file for NCE FM new station licenses.
    We acknowledge the concern expressed by some commenters about the 
potential for attempts to circumvent the application limit. We note 
that the Bureau retains the discretion to conduct investigations and, 
where there is a substantial and material question of fact regarding 
real parties in interest, the Commission will designate applications 
for hearing to determine whether the applications comply with the 
Commission's rules and policies.
    Effective Date of Public Notice. The Commission finds that there is 
good cause to make this Public Notice effective immediately. See 5 
U.S.C. 553(d)(3). The Commission's experience with the 2003 FM 
translator window demonstrates that there is a strong and unmet demand 
for scarce FM spectrum and that applicants will aggressively pursue all 
new radio station licensing opportunities. The Commission is concerned 
that postponing the window will provide an opportunity for parties to 
develop and implement filing strategies to circumvent the limit on 
applications and to thwart the public interest benefits that the ten-
application cap is intended to achieve. Moreover, the Commission 
announced this filing window more than six months ago. Applicants have 
relied on this window closing on October 19, 2007, a date that will be 
used to establish certain comparative qualifications among competing 
applicants. Accordingly, the Commission is reluctant to modify this 
well-publicized filing deadline. Finally, postponing the window would 
require the Commission to extend the freeze on reserved band and 
certain non-reserved band minor change application filings. The 
Commission concludes that such an extension would impose unreasonable 
burdens on many radio licensees.
    Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980, 
as amended (``RFA''), requires that a regulatory flexibility analysis 
be prepared for notice-and-comment rulemaking proceedings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' The RFA generally defines the term ``small entity'' as 
having the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. A ``small business 
concern'' is one which: (1) Is independently owned and operated; (2) is 
not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(``SBA'').
    Pursuant to Section 605(b) of the RFA, we certify that the 
application limit adopted in this document imposes no significant 
economic impact on a substantial number of small entities. The 
application limit will benefit small entities seeking to establish a 
new NCE FM service on a local or regional basis by expediting the 
review and processing of applications filed during the filing window 
opening on Friday, October 12, 2007. In the Commission's rulemaking 
proceeding on comparative standards for NCE applicants, the Commission 
reserved the right to establish by Public Notice a limit on the number 
of NCE applications by a party in a filing window. In the Notice, the 
Commission explained that numerous entities involved in NCE FM 
operations urged the agency to establish an application limit for the 
filing window to prevent mass filings of speculative applications. The 
vast majority of comments filed in response to the Notice agreed with 
the Commission's tentative conclusion that ten applications is an 
appropriate limit to deter speculative applications and facilitate the 
prompt processing of applications. Based on the record in this 
proceeding, we have concluded that a lower limit would not effectively 
meet the demand for new NCE FM channels, whereas a higher limit would 
impose unacceptable processing delays on all applicants, overriding any 
potential benefits to a few applicants interested in filing more than 
ten applications in this window. The limit excludes both pending 
applications by NCE FM stations and applicants and new major change 
applications by existing NCE FM stations seeking to modify their 
existing authorizations, so the limit involves no detriment to those 
applicants. This document and final RFA certification will be sent to 
the Chief Counsel for Advocacy of the SBA.
    The Commission has authority to collect these applications under 
OMB Control  3060-0034.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison.
[FR Doc. E7-20300 Filed 10-12-07; 8:45 am]
BILLING CODE 6712-01-P
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