95-1219. Implemenation of Sections 3(n) and 332 of the Communications Act

[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Rules and Regulations]
[Pages 3773-3774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1219]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[GN Docket No. 93-252, PR Docket No. 89-553; FCC 94-331]


Implemenation of Sections 3(n) and 332 of the Communications Act

AGENCY: Federal Communications Commission.

ACTION: Final Rule; Order on reconsideration.

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SUMMARY: This Order on Reconsideration in GN Docket No. 93-252 and PR 
Docket No. 89-553 is a partial reconsideration of the Third Report and 
Order in GN Docket No. 93-252, (``CMRS Order''). In this 
reconsideration, the Commission decides not to suspend granting of 
secondary site authorizations for incumbent 900 MHz Specialized Mobile 
Radio (``SMR'') systems, as originally determined in the CMRS Order. In 
the CMRS Order, the Commission decided not to grant any further 
secondary site authorizations, which would have allowed existing 900 
MHz SMR operators to construct facilities outside of their Designated 
Filing Areas (``DFAs''), enabling them to expand their systems or link 
facilities in different markets. The Commission had reasoned that, even 
though these secondary sites would not be entitled to protection from 
co-channel interference and may have to discontinue operation 
eventually, it would contaminate the 900 MHz band to continue to 
license secondary sites in advance of Major Trading Area (``MTA'') 
licensing. On reconsideration, however, the Commission concludes that 
such an outright prohibition on further secondary site licensing 
imposes a significant burden on existing 900 MHz SMR licensees that are 
building out their systems and intend to become MTA licensees, which 
would also delay the availability of service to customers. Also, the 
Commission emphasizes that secondary site operators assume the risk of 
having to discontinue operations in the event of interference to an 
MTA-licensed system. Thus, the Commission will continue to process and 
grant secondary site authorizations to qualified applicants.

FOR FURTHER INFORMATION CONTACT: Amy J. Zoslov at [phone], 
Wireless Telecommunications Bureau, Commercial Radio Division.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission Order 
on Reconsideration in GN Docket No. 93-252 and PR Docket No. 89-553, 
adopted December 21, 1994, and released December 22, 1994. The full 
text of this Order on Reconsideration is available for inspection and 
copying during normal business hours in the FCC Reference Center (Room 
239), 1919 M Street, N.W., Washington, D.C., and may also be purchased 
from the Commission's copy contractor, International Transcription 
Services, [phone], 2100 M Street, N.W., Suite 140, Washington, 
D.C. 20037.

Synopsis of Order on Reconsideration

    1. The Order, taken on the Commission's own motion, reverses the 
Commission's decision in the CMRS Order, 59 FR 59945 (11/21/94), to 
suspend further granting of secondary site authorizations for 900 MHz 
SMR systems pending the implementation of new service and licensing 
rules for those SMR systems.
    2. By way of background, the Commission adopted new licensing rules 
for this service in the CMRS Order, dividing 200 channels into 20 
blocks of 10 channels each, using MTAs as the service area for each 
license, and using competitive bidding selection for mutually exclusive 
applications. The incumbent systems already licensed in the DFAs (which 
correspond to the top 50 major markets) were grandfathered, i.e., given 
co-channel interference protection for existing facilities, but were 
not allowed to expand beyond existing service areas unless they 
obtained MTA licenses. Some incumbents had been granted authorizations 
to construct facilities outside their DFAs to expand their systems or 
link facilities in different markets, which became ``secondary sites,'' 
i.e., not entitled to co-channel interference protection, when the 
Commission discontinued primary site licensing in 1986. The CMRS Order 
established that any 900 MHz SMR secondary sites licensed before August 
10, 1994, would be entitled to primary site protection, so as to avoid 
discontinuation of operations for such sites that had become integral 
to the existing systems. In this connection, the Commission decided not 
to license any further secondary sites to avoid contamination of the 
900 MHz band in advance of MTA licensing.
    3. In this Order, the Commission concludes that an outright 
prohibition on further licensing of secondary sites imposes a 
significant burden on 900 MHz incumbents who are building out systems 
and who intend to become MTA licensees. A suspension of licensing would 
delay service to consumers until the new 900 MHz rules are adopted and 
selection of licensees takes place. Also, as secondary sites are not 
entitled to interference protection, and secondary site-holders assume 
the risk of discontinuation, the Commission concludes that this policy 
will not contribute to spectrum contamination. Thus, the Commission 
will continue to grant secondary site authorizations to qualified SMR 
applicants in the 900 MHz band, subject to strict enforcement of the 
no-interference policy regarding secondary operation, defined in 47 CFR 
90.7.

List of Subjects in 47 CFR Part 90

    Administrative practice and procedure, Radio.


[[Page 3774]]

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-1219 Filed 1-18-95; 8:45 am]
BILLING CODE 6712-01-M