[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Rules and Regulations]
[Pages 34375-34376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16874]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 22 and 90
[WT Docket No. 96-18; PP Docket No. 93-253; FCC 96-260]
Future Development of Paging Systems; Implementation of Section
309(J) of the Communications Act--Competitive Bidding
AGENCY: Federal Communications Commission.
ACTION: Final Rule; Order on Reconsideration of Interim Rules.
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SUMMARY: In this Order on Reconsideration in WT Docket No. 96-18 and PP
Docket No. 93-253, the Commission modifies the First Report and Order
in this docket by expanding the number of licensees that can modify
their paging systems by adding sites, due to the paging industry's
claims that such relief is necessary to allow paging operators to meet
customer needs and improve service to the public while this rulemaking
is pending. The Commission will allow applications for additional sites
by incumbent licensees who had filed paging applications by October 1,
1995, rather than February 8, 1996, thus expanding the potential number
of paging licensees that can expand their systems.
EFFECTIVE DATE: July 2, 1996.
FOR FURTHER INFORMATION CONTACT: Mika Savir or Rhonda Lien, Commercial
Wireless Division at (202) 418-0620.
SUPPLEMENTARY INFORMATION: This Order on Reconsideration in WT Docket
No. 96-18, PP Docket No. 93-253, adopted June 10, 1996 and released
June 11, 1996, is available for inspection and copying during normal
business hours in the FCC Reference Center, Room 230, 1919 M Street
N.W., Washington, DC. The complete text may be purchased from the
Commission's copy contractor, International Transcription Service,
Inc., 2100 M Street, N.W., Suite 140, Washington DC., 20037, (202) 857-
3800.
Synopsis of Order on Reconsideration of First Report and Order:
I. Background
In the Notice of Proposed Rulemaking (NPRM), 61 FR 06199, February
16, 1996, the Commission suspended acceptance of new paging
applications governed by parts 22 and 90 of the Commission's rules in
conjunction with a proposal to convert from site-by-site licensing of
paging channels to licensing on a geographic area basis. In the First
Report and Order (First R&O), 61 FR 21380, May 10, 1996, the Commission
adopted interim measures allowing incumbents on non-nationwide paging
channels to apply for new sites to expand existing systems, subject to
certain limitations, during the pendency of the rulemaking proceeding.
On its own motion, the Commission makes certain modifications to the
interim licensing rules established by the First R&O, as discussed
below.
In the First R&O, the Commission allowed incumbents to expand the
geographic coverage of their systems by adding transmission sites to
their systems within a defined distance of existing, operating sites.
Specifically, the First R&O provided that applications could be filed
for new sites provided that the applicant certifies that the proposed
site is within 65 kilometers (40 miles) of an operating site licensed
to the same applicant on the same channel prior to the NPRM, that is,
February 8, 1996. Thus, under the terms of the First R&O, incumbents
may not use sites licensed after February 8, 1996 as the basis for
filing applications for additional expansion sites under the interim
rules.
II. Order on Reconsideration
At the time the Commission adopted the NPRM, the Wireless
Telecommunications Bureau (Bureau) was engaged in reducing a
significant backlog of pending paging applications, primarily in the
931 MHz band, many of which had been pending for a year or more. Since
the NPRM was adopted, the Bureau has significantly reduced the backlog
by processing all non-mutually exclusive applications filed through
September 30, 1995. In ex parte presentations and in comments filed
with the Commission, incumbent paging operators have argued that the
processing backlog delayed licensing of sites that otherwise would have
been granted prior to February 8, 1996. Accordingly, these commenters
contend that they should not be precluded from using these newly
licensed sites as a basis for expansion.
III. Discussion
The Commission agrees that because of the time it has taken to
process certain paging applications, it should allow incumbents to use
some sites that were not licensed as of February 8, 1996 as a basis for
expansion. Due to the large number of 931 MHz applications filed in the
past few years, the Bureau has developed a computer software program to
identify and process non-mutually exclusive applications. The Bureau
began using the program to process backlogged applications in mid-1995.
However, some applications for 931
[[Page 34376]]
MHz licenses that were filed as early as January 1995 were still
pending on February 8, 1996. The Bureau recently completed its computer
run of 931 MHz applications filed between January 1 and September 30,
1995. The results of the run identified about 2,500 applications that
were not mutually exclusive and are to be granted, if the applications
are otherwise complete, eliminating most of the remaining application
backlog. The Commission believes that the recipients of these license
grants should be allowed to expand their systems based on these sites,
as long as the licensed sites are operational at the time the expansion
applications are filed. Therefore, the Commission will allow incumbents
to expand 65 kilometers (40 miles) from sites for which applications
were filed as of September 30, 1995, whether or not such applications
were granted prior to February 8, 1996. This change to the Commission's
interim measures will benefit applicants most affected by delays prior
to adoption of the NPRM.
IV. Procedural Matters and Ordering Clauses
A. Regulatory Flexibility Act
As required by Section 604 of the Regulatory Flexibility Act, the
Commission has prepared a Final Regulatory Flexibility Analysis of the
expected impact on small entities of the modification of the interim
rules set forth in this Order on Reconsideration.
Statement of the Need for and Objectives of Interim Rules: In this
Order on Reconsideration, the Commission is modifying the interim
measures, specifically, the interim freeze on new paging applications
imposed in the Notice of Proposed Rulemaking, to permit incumbent
paging licensees to apply for additional licenses to add transmission
sites to existing paging systems on the same channel as the existing
systems, provided that the additional transmission site is within 65
kilometers (40 miles) from an operating transmission site in the
applicant's system. This modification of the interim rule will allow
paging companies additional flexibility to expand their systems during
the interim period.
Summary of Significant Issues Raised by Comments to the Initial
Regulatory Flexibility Analysis (IRFA): There were no comments to the
IRFA regarding the interim rules.
All significant alternatives are discussed in the Order on
Reconsideration.
B. Ordering Clauses
It is ordered that, pursuant to the authority of Sections 4(i),
303(r), 309(c), 309(j), and 332 of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 303(r), 309(c), 309(j), and 332, and
effective upon publication of this Order on Reconsideration in the
Federal Register, the interim rules set forth in the First Report and
Order in this docket are modified as set forth herein.
List of Subjects
47 CFR Part 22
Communications common carriers.
47 CFR Part 90
Common carriers.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-16874 Filed 7-1-96; 8:45 am]
BILLING CODE 6712-01-P
