Limitations on the Filing and Processing of Full Power and Class A Television Station Modification Applications and Reminder of the Spectrum Act's Preservation Mandate, 33091-33092 [2013-12984]

Download as PDF Federal Register / Vol. 78, No. 106 / Monday, June 3, 2013 / Notices a long-term loan or financial guarantee in excess of $100 million (as calculated in accordance with Section 3(c)(10) of the Charter). Comments received within the comment period specified below will be presented to the Ex-Im Bank Board of Directors prior to final action on this Transaction. Reference: AP087980XX. Purpose and Use Brief description of the purpose of the transaction: To support the export of U.S. manufactured commercial aircraft to Australia. Brief non-proprietary description of the anticipated use of the items being exported: To be used for long-haul passenger service from Australia to other countries. To the extent that Ex-Im Bank is reasonably aware, the item(s) being exported may be used to produce exports or provide services in competition with the exportation of goods or provision of services by a United States industry. Parties Principal Supplier: The Boeing Company Obligor: Qantas Airways Limited sroberts on DSK5SPTVN1PROD with NOTICES Description of Items Being Exported Boeing 787 aircraft Information On Decision: Information on the final decision for this transaction will be available in the ‘‘Summary Minutes of Meetings of Board of Directors’’ on https://exim.gov/ newsandevents/boardmeetings/board/ Confidential Information: Please note that this notice does not include confidential or proprietary business information; information which, if disclosed, would violate the Trade Secrets Act; or information which would jeopardize jobs in the United States by supplying information that competitors could use to compete with companies in the United States. DATES: Comments must be received on or before June 28, 2013 to be assured of consideration before final consideration of the transaction by the Board of Directors of Ex-Im Bank. ADDRESSES: Comments may be submitted through Regulations.gov at WWW.REGULATIONS.GOV. To submit a comment, enter EIB–2013–0030 under the heading ‘‘Enter Keyword or ID’’ and select Search. Follow the instructions provided at the Submit a Comment screen. Please include your name, VerDate Mar<15>2010 18:49 May 31, 2013 Jkt 229001 company name (if any) and EIB–2013– 0030 on any attached document. Cristopolis A. Dieguez, Program Specialist, Office of the General Counsel. [FR Doc. 2013–13044 Filed 5–31–13; 8:45 am] BILLING CODE 6690–01–P FEDERAL COMMUNICATIONS COMMISSION [DA 13–618] Limitations on the Filing and Processing of Full Power and Class A Television Station Modification Applications and Reminder of the Spectrum Act’s Preservation Mandate Federal Communications Commission. ACTION: Notice. AGENCY: This document announces an immediate limitation on the filing and processing of full power and class A television station modification applications and also reminds television broadcast stations of the Spectrum Act’s Preservation Mandate. See Middle Class Tax Relief and Job Creation Act of 2012, Public Law 112–96, Title VI, 125 Stat. 156 (2012) (‘‘Spectrum Act’’). This action will facilitate Commission analysis of repacking methodologies and assure that the objectives of the broadcast television incentive auction, as mandated by the Spectrum Act, are not frustrated. See Spectrum Act at Section 6403(b)(2). DATES: This filing and processing limitation become effective on April 5, 2013. FOR FURTHER INFORMATION CONTACT: Barbara Kreisman, Chief, Video Division, Media Bureau, Federal Communications Commission, barbara.kreisman@fcc.gov, (202) 418– 1600. SUMMARY: SUPPLEMENTARY INFORMATION: I. Limitations on the Filing and Processing of Modification Applications: Beginning immediately, and until further notice, the Media Bureau will not accept for filing modification applications (or amendments to pending modification applications) by full power and Class A television broadcast licensees and permittees for changes to existing television service areas that would increase a full power station’s noiselimited contour or a Class A station’s protected contour in one or more directions beyond the area resulting from the station’s present parameters as represented in its authorizations PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 33091 (license and/or construction permit).1 Similarly, the Media Bureau will not accept Class A displacement applications that would increase the station’s protected contour. However, consistent with the Commission’s proposal in the Notice of Proposed Rulemaking, 77 FR 69933 (Nov. 21, 2012),2 Class A minor change applications to implement the digital transition (flash cut and digital companion channel) may continue to be filed and will be processed subject to the current limitations in Sections 73.3572(a)(2) and 74.787(a)(2) of the Commission’s rules. The Bureau will consider, on a caseby-case basis, requests for waiver of the filing limitation imposed by this public notice 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, such a request will be granted only on a showing of good cause and when grant of the waiver will serve the public interest. With respect to pending full power and Class A modification applications, we will process those applications that do not increase the full power station’s noise-limited contour or the Class A station’s protected contour in one or more directions beyond the area resulting from the station’s present parameters as represented in its authorizations (license and/or construction permit). Applicants at variance with this limitation may amend their applications within 60 days of the Public Notice to comply with this limitation or request a waiver. Pending applications that are not amended consistent with this public notice will be processed after the Commission’s release of a Report and Order in the Incentive Auction rulemaking 1 See 47 CFR 73.622(e)(1) (defining ‘‘service area’’ of a full power TV broadcast station). As to Class A stations, protected contour is consistent with the proposed interpretation of the statutory term ‘‘coverage area’’ in the NPRM. See Expanding the Economic and Innovative Opportunities of Spectrum Through Incentive Auctions, Docket No. 12–268, Notice of Proposed Rulemaking, 27 FCC Rcd 12357, 12390, para. 99 (2012) (‘‘NPRM’’). 2 Id. at 12397, para. 115 (‘‘We do propose to protect in the repacking process certain digital Class A facilities that were not licensed as of February 22, 2012.’’). E:\FR\FM\03JNN1.SGM 03JNN1 33092 Federal Register / Vol. 78, No. 106 / Monday, June 3, 2013 / Notices proceeding, subject to the rules and policies adopted therein.3 II. Spectrum Act Preservation Mandate: We take this opportunity to remind stations that, as provided in the Spectrum Act and the NPRM, the extent to which a facility that is not covered by Section 6403(b)(2) (a ‘‘non-covered facility’’) will be preserved in the repacking process will be decided by the Commission in the Incentive Auction rulemaking proceeding.4 For stations with non-covered authorized facilities, we take this opportunity to remind them, before additional investments are made in these non-covered facilities, that the extent to which the non-covered facility will be preserved in the repacking process will be decided by the Commission in the Incentive Auction rulemaking proceeding.5 Accordingly, the Media Bureau will process applications from permittees modifying their non-covered facilities to revert to the service area resulting from the station’s licensed facilities as of February 22, 2012. If a permittee of a non-covered facility fails to file for this modification, the extent of preservation of the non-covered facility will be determined by the Commission in the Incentive Auction rulemaking proceeding. This action is taken by the Chief, Media Bureau pursuant to authority delegated by 47 CFR 0.283 of the Commission’s rules. Federal Communications Commission. Barbara Kreisman, Chief, Video Division, Media Bureau. [FR Doc. 2013–12984 Filed 5–31–13; 8:45 am] sroberts on DSK5SPTVN1PROD with NOTICES BILLING CODE 6712–01–P 3 The decision to impose these limitations on the filing and processing of modification applications is procedural in nature, and therefore 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); see also Neighborhood TV Co. v. FCC, 742 F.2d 629, 637–38 (D.C. Cir. 1984) (holding that the Commission’s filing freeze is a procedural rule not subject to the notice and comment requirements of the Administrative Procedure Act); Buckeye Cablevision, Inc. v. United States, 438 F.2d 948, 952–53 (6th Cir. 1971); Kessler v. FCC, 326 F.2d 673, 680–82 (D.C. Cir. 1963). Moreover, we find that there is good cause for not delaying the effect of these procedures until 30 days after publication in the Federal Register. Such a delay would be impractical, unnecessary, and contrary to the public interest because it would undercut the purposes of these procedures. See 5 U.S.C. 553(b)(B), (d)(3). 4 See Spectrum Act at Sections 6403(b)(2), 6403(i)(1); NPRM, 27 FCC Rcd at 12390, 12397 paras. 98, 113. 5 Id. VerDate Mar<15>2010 16:40 May 31, 2013 Jkt 229001 FEDERAL COMMUNICATIONS COMMISSION Federal Advisory Committee Act; Technological Advisory Council Federal Communications Commission. Sheryl Todd, Deputy Secretary. [FR Doc. 2013–12986 Filed 5–31–13; 8:45 am] BILLING CODE 6712–01–P Federal Communications Commission. AGENCY: ACTION: Notice of public meeting. In accordance with the Federal Advisory Committee Act, this notice advises interested persons that the Federal Communications Commission’s (FCC) Technological Advisory Council will hold a meeting on Thursday, June 13, 2013 in the Commission Meeting Room, from 1 p.m. to 4 p.m. at the Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. SUMMARY: DATES: June 13, 2013. Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Walter Johnston, Chief, Electromagnetic Compatibility Division, 202–418–0807; Walter.Johnston@FCC.gov. The FCC Technological Advisory Council will discuss progress on work areas announced at its initial meeting of the year on March 11, 2013. The FCC will attempt to accommodate as many people as possible. However, admittance will be limited to seating availability. Meetings are also broadcast live with open captioning over the internet from the FCC Live Web page at https://www.fcc.gov/live/. The public may submit written comments before the meeting to: Walter Johnston, the FCC’s Designated Federal Officer for Technological Advisory Council by email: Walter.Johnston@fcc.gov or U.S. Postal Service Mail (Walter Johnston, Federal Communications Commission, Room 2–A665, 445 12th Street SW., Washington, DC 20554). Open captioning will be provided for this event. Other reasonable accommodations for people with disabilities are available upon request. Requests for such accommodations should be submitted via email to fcc504@fcc.gov or by calling the Office of Engineering and Technology at 202– 418–2470 (voice), (202) 418–1944 (fax). Such requests should include a detailed description of the accommodation needed. In addition, please include your contact information. Please allow at least five days advance notice; last minute requests will be accepted, but may be impossible to fill. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than June 12, 2013. A. Federal Reserve Bank of St. Louis (Yvonne Sparks, Community Development Officer) P.O. Box 442, St. Louis, Missouri 63166–2034: 1. Charles R. Soward, Rosiclare, Illinois and Kimberly A. Cotton, Henderson, Kentucky; to acquire voting shares of Hardin County Bancorp, Rosiclare, Illinois, and thereby indirectly acquire Area Bank, Rosiclare, Illinois. B. Federal Reserve Bank of Minneapolis (Jacqueline G. King, Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480–0291: 1. Devon Joan Goetz, Mandan, North Dakota; to acquire voting shares of Oliver Bancorporation, Inc., Center, North Dakota, and thereby indirectly gain control of Security First Bank of North Dakota, New Salem, North Dakota. C. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198–0001: 1. Joshua C. Rowland, Kansas City, Missouri; to acquire as a member of the Rowland family control group voting shares of Lead Financial Group, Inc., and thereby acquire Lead Bank, both in Garden City, Missouri. E:\FR\FM\03JNN1.SGM 03JNN1

Agencies

[Federal Register Volume 78, Number 106 (Monday, June 3, 2013)]
[Notices]
[Pages 33091-33092]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12984]


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

FEDERAL COMMUNICATIONS COMMISSION

[DA 13-618]


Limitations on the Filing and Processing of Full Power and Class 
A Television Station Modification Applications and Reminder of the 
Spectrum Act's Preservation Mandate

AGENCY: Federal Communications Commission.

ACTION: Notice.

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

SUMMARY: This document announces an immediate limitation on the filing 
and processing of full power and class A television station 
modification applications and also reminds television broadcast 
stations of the Spectrum Act's Preservation Mandate. See Middle Class 
Tax Relief and Job Creation Act of 2012, Public Law 112-96, Title VI, 
125 Stat. 156 (2012) (``Spectrum Act''). This action will facilitate 
Commission analysis of repacking methodologies and assure that the 
objectives of the broadcast television incentive auction, as mandated 
by the Spectrum Act, are not frustrated. See Spectrum Act at Section 
6403(b)(2).

DATES: This filing and processing limitation become effective on April 
5, 2013.

FOR FURTHER INFORMATION CONTACT: Barbara Kreisman, Chief, Video 
Division, Media Bureau, Federal Communications Commission, 
barbara.kreisman@fcc.gov, (202) 418-1600.

SUPPLEMENTARY INFORMATION: 
    I. Limitations on the Filing and Processing of Modification 
Applications: Beginning immediately, and until further notice, the 
Media Bureau will not accept for filing modification applications (or 
amendments to pending modification applications) by full power and 
Class A television broadcast licensees and permittees for changes to 
existing television service areas that would increase a full power 
station's noise-limited contour or a Class A station's protected 
contour in one or more directions beyond the area resulting from the 
station's present parameters as represented in its authorizations 
(license and/or construction permit).\1\ Similarly, the Media Bureau 
will not accept Class A displacement applications that would increase 
the station's protected contour. However, consistent with the 
Commission's proposal in the Notice of Proposed Rulemaking, 77 FR 69933 
(Nov. 21, 2012),\2\ Class A minor change applications to implement the 
digital transition (flash cut and digital companion channel) may 
continue to be filed and will be processed subject to the current 
limitations in Sections 73.3572(a)(2) and 74.787(a)(2) of the 
Commission's rules.
---------------------------------------------------------------------------

    \1\ See 47 CFR 73.622(e)(1) (defining ``service area'' of a full 
power TV broadcast station). As to Class A stations, protected 
contour is consistent with the proposed interpretation of the 
statutory term ``coverage area'' in the NPRM. See Expanding the 
Economic and Innovative Opportunities of Spectrum Through Incentive 
Auctions, Docket No. 12-268, Notice of Proposed Rulemaking, 27 FCC 
Rcd 12357, 12390, para. 99 (2012) (``NPRM'').
    \2\ Id. at 12397, para. 115 (``We do propose to protect in the 
repacking process certain digital Class A facilities that were not 
licensed as of February 22, 2012.'').
---------------------------------------------------------------------------

    The Bureau will consider, on a case-by-case basis, requests for 
waiver of the filing limitation imposed by this public notice 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, such a request will be granted only on a showing of good cause 
and when grant of the waiver will serve the public interest.
    With respect to pending full power and Class A modification 
applications, we will process those applications that do not increase 
the full power station's noise-limited contour or the Class A station's 
protected contour in one or more directions beyond the area resulting 
from the station's present parameters as represented in its 
authorizations (license and/or construction permit). Applicants at 
variance with this limitation may amend their applications within 60 
days of the Public Notice to comply with this limitation or request a 
waiver. Pending applications that are not amended consistent with this 
public notice will be processed after the Commission's release of a 
Report and Order in the Incentive Auction rulemaking

[[Page 33092]]

proceeding, subject to the rules and policies adopted therein.\3\
---------------------------------------------------------------------------

    \3\ The decision to impose these limitations on the filing and 
processing of modification applications is procedural in nature, and 
therefore 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); see also Neighborhood TV Co. v. FCC, 742 F.2d 629, 
637-38 (D.C. Cir. 1984) (holding that the Commission's filing freeze 
is a procedural rule not subject to the notice and comment 
requirements of the Administrative Procedure Act); Buckeye 
Cablevision, Inc. v. United States, 438 F.2d 948, 952-53 (6th Cir. 
1971); Kessler v. FCC, 326 F.2d 673, 680-82 (D.C. Cir. 1963). 
Moreover, we find that there is good cause for not delaying the 
effect of these procedures until 30 days after publication in the 
Federal Register. Such a delay would be impractical, unnecessary, 
and contrary to the public interest because it would undercut the 
purposes of these procedures. See 5 U.S.C. 553(b)(B), (d)(3).
---------------------------------------------------------------------------

    II. Spectrum Act Preservation Mandate: We take this opportunity to 
remind stations that, as provided in the Spectrum Act and the NPRM, the 
extent to which a facility that is not covered by Section 6403(b)(2) (a 
``non-covered facility'') will be preserved in the repacking process 
will be decided by the Commission in the Incentive Auction rulemaking 
proceeding.\4\
---------------------------------------------------------------------------

    \4\ See Spectrum Act at Sections 6403(b)(2), 6403(i)(1); NPRM, 
27 FCC Rcd at 12390, 12397 paras. 98, 113.
---------------------------------------------------------------------------

    For stations with non-covered authorized facilities, we take this 
opportunity to remind them, before additional investments are made in 
these non-covered facilities, that the extent to which the non-covered 
facility will be preserved in the repacking process will be decided by 
the Commission in the Incentive Auction rulemaking proceeding.\5\
---------------------------------------------------------------------------

    \5\ Id.
---------------------------------------------------------------------------

    Accordingly, the Media Bureau will process applications from 
permittees modifying their non-covered facilities to revert to the 
service area resulting from the station's licensed facilities as of 
February 22, 2012. If a permittee of a non-covered facility fails to 
file for this modification, the extent of preservation of the non-
covered facility will be determined by the Commission in the Incentive 
Auction rulemaking proceeding.
    This action is taken by the Chief, Media Bureau pursuant to 
authority delegated by 47 CFR 0.283 of the Commission's rules.

Federal Communications Commission.
Barbara Kreisman,
Chief, Video Division, Media Bureau.
[FR Doc. 2013-12984 Filed 5-31-13; 8:45 am]
BILLING CODE 6712-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.