Radio Broadcasting Services; Wheatland, WY, 4513-4514 [E8-1331]

Download as PDF pwalker on PROD1PC69 with PROPOSALS Federal Register / Vol. 73, No. 17 / Friday, January 25, 2008 / Proposed Rules includes, but is not limited to, the following: (i) Is in a location that is accessible to the public, Medicare beneficiaries, CMS, NSC, and its agents. (The location must not be in a gated community or other area where access is restricted.) (ii) Is accessible and staffed during posted hours of operation. (iii) Maintains a permanent visible sign in plain view and posts hours of operation. If the supplier’s place of business is located within a building complex, the sign must be visible at the main entrance of the building. (iv) May be a ‘‘closed door’’ business, such as pharmacies or suppliers providing services only to beneficiaries residing in a nursing home, that complies with all applicable Federal, State, and local laws and regulations. ‘‘Closed door’’ businesses must comply with all the requirements in § 424.57(c)(7). (8) Permits CMS, the NSC, or agents of CMS or the NSC to conduct on-site inspections to ascertain supplier compliance with the requirements of this section. (9) Maintains a primary business telephone that is operating at the appropriate site listed under the name of the business locally or toll-free for beneficiaries. The use of cellular phones, beeper numbers, and pagers is prohibited. Additionally, DMEPOS suppliers are prohibited from forwarding calls from the primary business telephone listed under the name of the business to a cellular phone, or a beeper/pager. The exclusive use of answering machines, answering services or facsimile machine (or combination of these options) cannot be used as the primary business telephone during posted operating hours. (10) Has a comprehensive liability insurance policy and meets the following insurance-related requirements: (i) The comprehensive liability insurance is at least $300,000 per incident that covers both the supplier’s place of business and all customers and employees of the supplier. If the supplier manufactures its own items, the insurance must also cover product liability and completed operations. Self insurance may be used to demonstrate compliance with the comprehensive liability insurance as long as CMS or the NSC can verify the policy and its coverage provisions with an independent underwriter. Failure to maintain required insurance at all times beginning with the date of filing will result in denial or revocation of the supplier’s billing privileges retroactive to the date the insurance lapsed. VerDate Aug<31>2005 17:53 Jan 24, 2008 Jkt 214001 DMEPOS suppliers are responsible for providing the contact information of an individual employed with the underwriter. (ii) List the NSC as a certificate holder on the policy. (iii) Notify the NSC in writing within 30 days of any policy changes or cancellations. (11) Agree not to directly solicit patients, which includes, but is not limited to, a prohibition on telephone, computer e-mail or instant messaging, coercive response internet advertising on sites unrelated to DMEPOS products, or in-person contacts. The DMEPOS supplier may only contact the Medicare beneficiary when supplying a Medicarecovered item and only when one or more of the following applies: (i) The individual has given written permission to the supplier to contact them concerning the furnishing of a Medicare-covered item that is to be rented or purchased. (ii) The supplier has furnished a Medicare-covered item to the individual and the supplier is contacting the individual to coordinate the delivery of the item. (iii) If the contact concerns the furnishing of a Medicare-covered item other than a covered item already furnished to the individual, the supplier has furnished at least one covered item to the individual during the 15-month period preceding the date on which the supplier makes such contact. (12) Has met the following delivering and beneficiary instruction requirements: (i) Maintains proof of the delivery in the beneficiary’s file. (ii) Furnishes information to the beneficiary at the time of delivery of items on how the beneficiary can contact the supplier by telephone. (iii) Provides the beneficiary with instructions on how to safely and effectively use the equipment or contract this service to a qualified individual. (iv) Completes and documents beneficiary instruction on the safe and effective use of the equipment at the time of delivery or other appropriate time. * * * * * (26) [Reserved] (27) Must obtain oxygen from a Statelicensed oxygen supplier (applicable only to those suppliers in States that require oxygen licensure.) (28) Is required to maintain ordering and referring documentation, including the National Provider Identifier, received from a physician, nurse practitioner, physician assistant, clinical PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 4513 social worker, or certified nurse midwife, for 7 years after the claim has been paid. (29) Is prohibited from sharing a practice location with any other Medicare supplier. (30) Is open to the public a minimum of 30 hours per week, except for those DMEPOS suppliers who are working with custom made or fitted orthotics and prosthetics. (31) Does not have an Internal Revenue Service (IRS) or a State taxing authority tax delinquency. (d) Failure to meet standards. (1) Revocation. CMS revokes a supplier’s billing privileges if it is found not to meet the standards in paragraphs (b) and (c) of this section. The revocation is effective 15 days after the entity is sent notice of the revocation, as specified in § 405.874 of this subchapter. (2) Overpayments associated with adverse legal action and felony convictions. CMS, the NSC or a CMSdesignated contractor establishes a Medicare overpayment from the date an adverse legal action or felony conviction (including felony convictions within the 10 years preceding enrollment or revalidation of enrollment) that precludes payment. Authority: (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare— Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program). Dated: May 31, 2007. Leslie V. Norwalk, Acting Administrator, Centers for Medicare & Medicaid Services. Approved: August 21, 2007. Michael O. Leavitt, Secretary. Editor’s note: This document was received by the Office of the Federal Register on January 22, 2008. [FR Doc. E8–1346 Filed 1–24–08; 8:45 am] BILLING CODE 4120–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 08–27; MB Docket No. 08–3; RM–11407] Radio Broadcasting Services; Wheatland, WY Federal Communications Commission. ACTION: Proposed rule. AGENCY: SUMMARY: Appaloosa Broadcasting Company, Inc. (‘‘Petitioner’’), the licensee of Station KIMX(FM), Channel 244C2, Laramie, Wyoming, has filed a E:\FR\FM\25JAP1.SGM 25JAP1 pwalker on PROD1PC69 with PROPOSALS 4514 Federal Register / Vol. 73, No. 17 / Friday, January 25, 2008 / Proposed Rules contingent application to modify the facilities of Station KIMX(FM) from Channel 244C2 to Channel 245A and to change that station’s community of license from Laramie, Wyoming, to Nunn, Colorado. This Notice of Proposed Rule Making requests comments on a petition for rule making filed by Petitioner proposing the substitution of Channel 286A for vacant Channel 247A at Wheatland, Wyoming. This channel substitution would accommodate Petitioner’s contingent modification application. In addition, to accommodate that application, Petitioner requests that FM Channel 246C1 be involuntarily substituted for Channel 245C1 at Station KCMI(FM), Terrytown, Nebraska. See SUPPLEMENTARY INFORMATION. DATES: Comments must be filed on or before February 28, 2008, and reply comments on or before March 14, 2008. ADDRESSES: Secretary, Federal Communications Commission, 445 Twelfth Street, SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for Petitioner as follows: Barry A. Friedman, Esq., Thompson Hine LLP, 1920 N Street, NW., Suite 800, Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: R. Barthen Gorman, Media Bureau, (202) 418–2180. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Notice of Proposed Rule Making, MB Docket No. 08–3, adopted January 2, 2008, and released January 7, 2008. The full text of this Commission decision is available for inspection and copying during normal business hours in the Commission’s Reference Information Center, 445 Twelfth Street, SW., Washington, DC 20554. This document may also be purchased from the Commission’s duplicating contractors, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1– 800–378–3160 or https:// www.BCPIWEB.com. Channel 247A at Wheatland was allotted in MB Docket No. 05–98. See 71 FR 4527, published January 27, 2006. This vacant FM channel was inadvertently removed from the FM Table of Allotments. See 71 FR 76208, published December 20, 2006. This rulemaking proceeding is now proposing to remove Channel 247A at Wheatland and add Channel 286A at Wheatland to accommodate the change of community application for Station KIMX from Laramie to Nunn, Colorado. This document does not contain proposed information collection VerDate Aug<31>2005 17:53 Jan 24, 2008 Jkt 214001 requirements subject to the Paperwork Reduction Act of 1995, Public Law 104– 13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of l980 do not apply to this proceeding. Members of the public should note that from the time a Notice of Proposed Rule Making is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR 1.1204(b) for rules governing permissible ex parte contact. For information regarding proper filing procedures for comments, see 47 CFR 1.415 and 1.420. List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Wyoming, is amended by adding Wheatland, Channel 286A. Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E8–1331 Filed 1–24–08; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 300, 600 and 697 [Docket No. 070717337–7338–01] RIN 0648–AV78 General Provisions for Domestic Fisheries; Specifications for Boarding Ladders National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule, request for comments, reopening of comment period. SUMMARY: NMFS reopens the comment period for proposed regulations to require the operators of certain domestic fishing vessels to provide a U.S. Coast Guard-approved pilot ladder as a safer and more enforceable means for authorized personnel to board. DATES: Comments must be received at the following address by February 25, 2008. ADDRESSES: You may submit comments, identified by ‘‘RIN 0648–AV78,’’ by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal https:// www.regulations.gov. • Fax: 301–713–1175, Attn: William D. Chappell. • Mail: Alan Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 20910. Please mark the outside of the envelope ‘‘Comments on Boarding Ladder Rule.’’ Instructions: All comments received are a part of the public record and will generally be posted to https:// www.regulations.gov without change. All personal identifying information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: William D. Chappell, 301–713–2337. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act established U.S. management authority over the fishery resources in the exclusive economic zone (EEZ). NMFS is responsible for implementation of the MagnusonStevens Act and the Fishery Management Plans (FMPs) prepared by eight Regional Fishery Management Councils (Councils) and for the FMP governing Atlantic Highly Migratory Species. While each Council prepares FMPs for those fishery resources within the Council’s area of authority that require conservation, NMFS implements certain requirements common to all fisheries, such as facilitation of enforcement. Associated regulations are E:\FR\FM\25JAP1.SGM 25JAP1

Agencies

[Federal Register Volume 73, Number 17 (Friday, January 25, 2008)]
[Proposed Rules]
[Pages 4513-4514]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1331]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 08-27; MB Docket No. 08-3; RM-11407]


Radio Broadcasting Services; Wheatland, WY

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: Appaloosa Broadcasting Company, Inc. (``Petitioner''), the 
licensee of Station KIMX(FM), Channel 244C2, Laramie, Wyoming, has 
filed a

[[Page 4514]]

contingent application to modify the facilities of Station KIMX(FM) 
from Channel 244C2 to Channel 245A and to change that station's 
community of license from Laramie, Wyoming, to Nunn, Colorado. This 
Notice of Proposed Rule Making requests comments on a petition for rule 
making filed by Petitioner proposing the substitution of Channel 286A 
for vacant Channel 247A at Wheatland, Wyoming. This channel 
substitution would accommodate Petitioner's contingent modification 
application. In addition, to accommodate that application, Petitioner 
requests that FM Channel 246C1 be involuntarily substituted for Channel 
245C1 at Station KCMI(FM), Terrytown, Nebraska. See SUPPLEMENTARY 
INFORMATION.

DATES: Comments must be filed on or before February 28, 2008, and reply 
comments on or before March 14, 2008.

ADDRESSES: Secretary, Federal Communications Commission, 445 Twelfth 
Street, SW., Washington, DC 20554. In addition to filing comments with 
the FCC, interested parties should serve counsel for Petitioner as 
follows: Barry A. Friedman, Esq., Thompson Hine LLP, 1920 N Street, 
NW., Suite 800, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT:  R. Barthen Gorman, Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, MB Docket No. 08-3, adopted January 2, 2008, 
and released January 7, 2008. The full text of this Commission decision 
is available for inspection and copying during normal business hours in 
the Commission's Reference Information Center, 445 Twelfth Street, SW., 
Washington, DC 20554. This document may also be purchased from the 
Commission's duplicating contractors, Best Copy and Printing, Inc., 445 
12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 1-800-
378-3160 or https://www.BCPIWEB.com.
    Channel 247A at Wheatland was allotted in MB Docket No. 05-98. See 
71 FR 4527, published January 27, 2006. This vacant FM channel was 
inadvertently removed from the FM Table of Allotments. See 71 FR 76208, 
published December 20, 2006. This rulemaking proceeding is now 
proposing to remove Channel 247A at Wheatland and add Channel 286A at 
Wheatland to accommodate the change of community application for 
Station KIMX from Laramie to Nunn, Colorado.
    This document does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, therefore, it does not contain any proposed 
information collection burden ``for small business concerns with fewer 
than 25 employees,'' pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
    Provisions of the Regulatory Flexibility Act of l980 do not apply 
to this proceeding.
    Members of the public should note that from the time a Notice of 
Proposed Rule Making is issued until the matter is no longer subject to 
Commission consideration or court review, all ex parte contacts are 
prohibited in Commission proceedings, such as this one, which involve 
channel allotments. See 47 CFR 1.1204(b) for rules governing 
permissible ex parte contact.
    For information regarding proper filing procedures for comments, 
see 47 CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

    Radio, Radio broadcasting.
    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

    1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336.


Sec.  73.202  [Amended]

    2. Section 73.202(b), the Table of FM Allotments under Wyoming, is 
amended by adding Wheatland, Channel 286A.


Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. E8-1331 Filed 1-24-08; 8:45 am]
BILLING CODE 6712-01-P
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