Notices. Notice

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BILLING CODE 6560-50-S FEDERAL COMMUNICATIONS COMMISSION Public Information Collections Approved by Office of Management and Budget September 12, 2006. SUMMARY: The Federal Communications Commission (Commission) has received Office of Management and Budget

(OMB)approval for the following public information collections pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid control number. FOR FURTHER INFORMATION CONTACT: Paul J. Laurenzano, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554,

(202)418-1359 or via the Internet at *plaurenz@fcc.gov.* SUPPLEMENTARY INFORMATION: *OMB Control No.:* 3060-0725. *OMB Approval date:* 08/25/2006. *Expiration Date:* 08/31/2009. *Title:* Quarterly Filing of Nondiscrimination Reports (on Quality of Service, Installation and Maintenance) by Bell Operating Companies. *Form No.:* N/A. *Estimated Annual Burden:* 16 responses; 800 total annual burden hours. *Needs and Uses:* Bell Operating Companies

(BOCs)are required to provide nondiscrimination reports on an annual basis. Without provision of these reports, the Commission would be unable to ascertain whether the BOCs were discriminating in favor of their own payphones. *OMB Control No.:* 3060-0817. *OMB Approval date:* 09/07/2006. *Expiration Date:* 09/30/2009. *Title:* Computer III Further Remand Proceedings: BOC Provision of Enhanced Services (ONA Requirements), CC Docket No. 95-20. *Form No.:* N/A. *Estimated Annual Burden:* 8 responses; 216 total annual burden hours. *Needs and Uses:* BOCs are required to post their CEI plans and amendments on their publicly accessible Internet sites. The requirement extends to CEI plans for new or modified tele-messaging or alarm monitoring services and for new or amended payphone services. If the BOC receives a good faith request for a plan from someone who does not have internet access, the BOC must notify that person where a paper copy of the plan is available for public inspection. The CEI plans will be used to ensure that BOCs comply with Commission policies and regulations safeguarding against potential anticompetive behavior by the BOCs in the provision of information services. *OMB Control No.:* 3060-0824. *OMB Approval date:* 09/01/2006. *Expiration Date:* 09/30/2009. *Title:* Service Provider Identification Number and Contact Form. *Form No.:* FCC form 498. *Estimated Annual Burden:* 5,000 responses; 7,500 total annual burden hours. *Needs and Uses:* The Administrator of the universal service program must obtain contact and remittance information from service providers participating in the universal service high cost, low income, rural health care, and schools and libraries programs. The Administrator uses FCC Form 498 to collect service provider name, phone numbers, other contact information, and remittance information from universal service fund participants to enable the Administrator to perform its universal service disbursement functions under 47 CFR part 54. FCC Form 498 allows fund participants to direct remittance to third parties or receive payments directly from the Administrator. *OMB Control No.:* 3060-0876. *OMB Approval date:* 09/01/2006. *Expiration Date:* 09/30/2009. *Title:* USAC Board of Directors Nomination Process (47 CFR Section 54.703) and Review of Administrator's Decision (47 CFR Sections 54.719-54.725). *Form No.:* N/A. *Estimated Annual Burden:* 1,312 responses; 41,840 total annual burden hours. *Needs and Uses:* Pursuant to 47 CFR 54.703 industry and non-industry groups may submit to the Commission for approval nominations for individuals to be appointed to the USAC Board of Directors. 47 CFR 54.719-54.725 contain the procedures for Commission review of USAC decisions, including the general filing requirements pursuant to which parties must file requests for review. The information is used by the Commission to select USAC's Board of directors and to ensure that requests for review are filed properly with the Commission. *OMB Control No.:* 3060-0810. *OMB Approval date:* 09/01/2006. *Expiration Date:* 09/30/2009. *Title:* Procedures for Designation of Eligible Telecommunications Carriers Pursuant to Section 214(e)(6) of the Communications Act of 1934, as amended. *Form No.:* N/A. *Estimated Annual Burden:* 100 responses; 6,200 total annual burden hours. *Needs and Uses:* This submission extended a currently approved collection. Carriers seeking eligibility designations for service provided on tribal lands (which include “near reservations”) may petition the Commission directly under section 214(e)(6), without first seeking designation from the relevant state commission and all others must go to the state first for resolution of the jurisdictional issues before seeking designation from the Commission. In the Order, the Commission concluded that petitions for designation filed under section 214(e)(6) relating to “near reservation” areas will not be considered as petitions relating to tribal lands and as a result, petitioners seeking ETC designation in such areas must follow the procedures outlined in the *Twelfth Report and Order* for non-tribal lands prior to submitting a request for designation to this Commission. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6-15534 Filed 9-19-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [EB Docket No. 06-168; FCC 06-128] Commercial Radio Service, Inc. and Timothy M. Doty AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: This document commences a hearing proceeding by directing Commercial Radio Service, Inc. and Timothy M. Doty to show cause in an adjudicatory hearing before an administrative law judge why their respective authorizations in the wireless services should not be revoked on issues relating to their basic qualifications to be and remain Commission licensees. The hearing will be held at a time and place to be specified in a subsequent order. DATES: Persons desiring to participate as parties in the hearing (other than Commercial Radio Service, Inc. and Timothy Doty, both of whom are already specified as parties in the hearing) shall file a petition for leave to intervene not later than October 20, 2006. ADDRESSES: Please file documents with the Office of the Secretary, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. Each document that is filed in this proceeding must display on the front page the docket number of this hearing, “EB Docket No. 06-168.” FOR FURTHER INFORMATION CONTACT: Gary Schonman, Special Counsel, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, Washington, DC 20554. Tel. 202-418-1420. SUPPLEMENTARY INFORMATION: This is a summary of the Order to Show Cause, FCC 06-128, released August 30, 2006. The full text of the Order to Show Cause is available for inspection and copying from 8 a.m. to 4:30 p.m., Monday through Thursday, or from 8 a.m. to 11:30 a.m., on Friday, at the FCC Reference Information Center, Room CY-A257, 445 12th Street, SW., Washington, DC 20554. The complete text may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 202-488-5300, facsimile 202-488-5563, or you may contact BCPI at its Web site: *http://www.BCPIWEB.com.* When ordering documents for BCPI, please provide the appropriate FCC document number, FCC 06-124. The Order also is available on the Internet at the Commission's Web site through its Electronic Document Management System (EDOCS). The Commission's Internet address for EDOCS is: *http://hraunfoss.fcc.gov/edocs_public/SilverStream/Pages/edocs.html.* Alternative formats are available to persons with disabilities (Braille, large print, electronic files, audio format). Send an e-mail to *fcc504@fcc.gov* or call the Consumer and Governmental Affairs Bureau at 202-418-0530 (voice),

(202)418-0432 (tty). *Summary of the Order:* In the Order to Show Cause the Commission commences a hearing proceeding before an administrative law judge to determine whether Commercial Radio Service, Inc. (“CRS”) and Timothy M. Doty (“Doty”) are qualified to be and remain Commission licensees and, if not, whether their respective authorizations should be revoked. The Order to Show Cause also inquires whether a monetary forfeiture should be assessed against CRS. CRS is the licensee of one commercial and four private land mobile stations. Doty, a principal in CRS, holds, in his individual capacity, a General Radiotelephone Operator License and an Amateur Radio License. Doty has twice been convicted of felonies in State and Federal courts. Subsequent to the first of Doty's felony convictions, CRS filed at least two license applications with the Commission in which CRS answered “No” to the question inquiring whether the applicant or any party directly or indirectly controlling the applicant had ever been convicted of a felony in State or Federal court. Subsequent to the second of Doty's felony convictions, CRS filed at least five license renewal-only applications with the Commission. By filing renewal-only applications rather than renewal/modification applications, CRS failed to provide information to the Commission about Doty's felony convictions that it was otherwise required to disclose. In each of the applications discussed above, CRS certified that all of the statements therein were true, complete, correct, and made in good faith. The Commission determined that Doty's felony convictions and CRS” apparent failures to inform the Commission about such felonies in license applications filed with the Commission raise substantial and material questions as to their qualifications to be and to remain Commission licensees. Thus, pursuant to sections 312 of the Communications Act of 1934, as amended, 47 U.S.C. 312, and § 1.91 of the Commission's rules, 47 CFR 1.91, the Order to Show Cause directs CRS and Doty to show cause why their respective licenses should not be revoked, upon the following issues: 1. To determine the effect of Mr. Doty's felony convictions on his qualifications to be and to remain a Commission licensee; 2. To determine the effect of Mr. Doty's felony convictions on the qualifications of CRS to be and to remain a Commission licensee; 3. To determine whether CRS made misrepresentations and/or lacked candor and/or violated Section 1.17 of the Commission's rules regarding the felony convictions of Mr. Doty in any applications filed with the Commission; 4. To determine whether CRS failed to timely amend Commission applications to disclose Mr. Doty's felony convictions, in violation of Section 1.65 of the Commission's rules; 5. To determine whether CRS made false certifications in any applications filed with the Commission; 6. To determine, in light of the evidence adduced pursuant to the foregoing issues, whether Mr. Doty is qualified to be and to remain a Commission licensee; 7. To determine, in light of the evidence adduced pursuant to the foregoing issues, whether CRS is qualified to be and to remain a Commission licensee; 8. To determine, in light of the evidence adduced pursuant to the foregoing issues, whether the above-captioned licenses of Mr. Doty should be revoked; 9. To determine, in light of the evidence adduced pursuant to the foregoing issues

(1)through (7), whether the above-captioned licenses of CRS should be revoked. The Order to Show Cause also directs that, irrespective of the resolution of the foregoing issues, it shall be determined, pursuant to section 503 of the Communications Act of 1934, as amended, 47 U.S.C 503, whether an Order of Forfeiture in the amount not to exceed $11,000 for each violation or each day of a continuing violation, up to a total of $97,500 for any single act or failure to act should be issued against CRS for having failed to disclose Doty's felony convictions in one or more of its applications, in willful and/or repeated violation of §§ 1.17 and 1.65 of the Commission's rules, 47 CFR 1.17 and 1.65. The hearing will be held at a time and place to be specified in a subsequent order. Copies of the Order to Show Cause are being sent by Certified Mail, Return Receipt Requested, to CRS, Doty, and counsel for CRS. To avail themselves of the opportunity to be heard and the right to present evidence in the hearing in this proceeding, pursuant to section 312 of the Communications Act of 1934, as amended, 47 U.S.C. 312, and § 1.91 of the Commission's Rules, 47 CFR 1.91, an officer representative of CRS and Timothy M. Doty, in person or by their respective attorneys, must file with the Commission, not later than September 29, 2006, a written appearance in triplicate stating that they will appear on the date fixed for hearing and present evidence on the issues specified herein. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 06-7906 Filed 9-19-06; 8:45 am]

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U.S. Code

6 references not yet in our index

Pub. L. 104-13
47 CFR 54
47 CFR 54.703
47 CFR 54.719-54
47 CFR 1.91
47 CFR 1.17

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cites case law

Notices

Notice

U.S.C.§ 312

U.S.C.§ 503

Pub. L.Pub. L. 104-13

Cite47 CFR 54

Cite47 CFR 54.703

Cite47 CFR 54.719-54

Cite47 CFR 1.91

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