E6-14788. Private Land Mobile Services; 800 MHz Public Safety Interference Proceeding

AGENCY:

Federal Communications Commission.

ACTION:

Correcting amendments.

SUMMARY:

The Federal Communications Commission published a document in the Federal Register on December 28, 2005, revising Commission rules. That document contained discrepancies between the text of the order and the final rules set forth at § 90.677. This document corrects the final regulations by revising 47 CFR 90.677.

DATES:

Effective September 7, 2006.

FOR FURTHER INFORMATION CONTACT:

Roberto Mussenden, Public Safety and Critical Infrastructure Division at [phone].

SUPPLEMENTARY INFORMATION:

This is a summary of a Federal Communications Commission (FCC) Order which, inter alia, corrects a Federal Register document (70 FR 76704, December 28, 2005). Previously, the FCC released a Memorandum Opinion and Order, which among other things amended the rules governing dispute resolution between licensees who must reconfigure their systems to alleviate interference to public safety communications in the 800 MHz band.

The Memorandum Opinion and Order contained discrepancies between the text of the order and the final rules in § 90.677 of the rules. In this document we correct those discrepancies.

List of Subjects in 47 CFR Part 90

• Communications

Federal Communications Commission.

Marlene H. Dortch,

Secretary.

Accordingly, 47 CFR part 90 is corrected by making the following correcting amendments:

PART 90—PRIVATE LAND MOBILE RADIO SERVICES

1. The authority citation for part 90 continues to read as follows:

Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7).

2. Amend § 90.677, by revising paragraph (d) to read as follows:

§ 90.677

Reconfiguration of the 806-824/851-869 MHz band in order to separate cellular systems from non-cellular systems.

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(d) Transition Administrator. (1) The Transition Administrator, or other mediator, shall attempt to resolve disputes referred to it before the conclusion of the mandatory negotiation period as described in § 90.677(c) within thirty working days after the Transition Administrator has received a submission by one party and a response from the other party. Any party thereafter may seek expedited non-binding arbitration which must be completed within thirty days of the Transition Administrator's, or other mediator's recommended decision or advice. Should issues still remain unresolved after mediation or arbitration they shall be referred to the Chief of the Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau within ten days of the Transition Administrator's or other mediator's advice, or if arbitration has occurred, within ten days of the completion of arbitration. When referring an unresolved matter to the Chief of the Public Safety and Critical Infrastructure Division, the Transition Administrator shall forward the entire record on any disputed issues, including such dispositions thereof that the Transition Administrator has considered. Upon receipt of such record and advice, the Commission will decide the disputed issues based on the record submitted. The authority to make such decisions is delegated to the Chief of the Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau who may decide the disputed issue or designate it for an evidentiary hearing before an Administrative Law Judge. If the Chief of the Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau decides an issue, any party to the dispute wishing to appeal the decision may do so by filing with the Commission, within ten days of the effective date of the initial decision, a Petition for de novo review; whereupon the matter will be set for an evidentiary hearing before an Administrative Law Judge. Any disputes submitted to the Transition Administrator after the conclusion of the mandatory negotiation period as described in § 90.677(c) shall be resolved as described in § 90.677(d)(2).

(2) If no agreement is reached during either the voluntary or mandatory negotiating periods, all disputed issues shall be referred to the Transition Administrator, or other mediator, who shall attempt to resolve them. If disputed issues remain thirty working days after the end of the mandatory negotiation period, the Transition Administrator shall forward the record to the Chief of the Public Safety and Critical Infrastructure Division, together with advice on how the matter(s) may be resolved. The Chief of the Public Safety and Critical Infrastructure Division is hereby delegated the authority to rule on disputed issues, de novo. If the Chief of the Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau decides an issue, any party to the dispute wishing to appeal the decision may do so by filing with the Commission, within ten days of the effective date of the initial decision, a Petition for de novo review; whereupon the matter will be set for an evidentiary hearing before an Administrative Law Judge.

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