[Federal Register Volume 61, Number 194 (Friday, October 4, 1996)]
[Proposed Rules]
[Pages 51877-51878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25235]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 96-199; FCC 96-383]
Finder's Preference Program in the 220-222 MHz Band for Private
Land Mobile Radio Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This action proposes to amend the Commission's Rules regarding
the land mobile radio service to eliminate the finder's preference
program in the 220-222 MHz band in light of our proposals to implement
a new licensing approach for this band. It is necessary because pending
proposals for geographic area licensing in this band appear
incompatible with the approach of the finder's preference program. The
effect of the action will be to determine the usefulness and benefits
of continuing the finder's preference program.
DATES: Comment are to be filed on or before November 18, 1996; reply
comment are to be filed on or before December 3, 1996.
FOR FURTHER INFORMATION CONTACT: John Borkowski, Federal Communications
Commission, Wireless Telecommunications Bureau, Washington, D. C.
20554, (202) 418-0626.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making, adopted September 17, 1996, and released
September 27, 1996. The complete text of this Commission action 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., 20554. The complete text of this Notice of Proposed Rule Making
may also be purchased from the Commission's copy contractor,
International Transcription Services, Inc. (ITS, Inc.), 2100 Street, N.
W., Suite 140, Washington, D. C. 20037, Telephone number (202) 857-
3800.
SUMMARY OF NOTICE OF PROPOSED RULE MAKING:
1. This Notice of Proposed Rule Making (NPRM) proposes to amend
Part
[[Page 51878]]
90 of our Rules to eliminate the finder's preference program in the
220-222 MHz band in light of our proposals to implement a new licensing
approach for this band. The NPRM also seeks comment on the utility of
the finder's preference program for private land mobile radio (PLMR)
services authorized for the 470-512 MHz, 800 MHz and 900 MHz bands.
2. Under Section 90.173(k) of our Rules, persons may apply for a
finder's preference for channels assigned on an exclusive basis in the
220-222 MHz, 470-512 MHz, 800 MHz and 900 MHz frequency bands by
submitting information that leads to the Commission's recovery of
unused channels in these bands. The NPRM proposes to eliminate the
finder's preference program in the 220-222 MHz band in light of our
proposals in PR Docket No. 89-552 to implement geographic area
licensing and use competitive bidding to choose among mutually
exclusive initial applications. This is consistent with our decision to
eliminate the finder's preference program in the 800 MHz and 900 MHz
Specialized Mobile Radio (SMR) services when we adopted a geographic
area licensing approach and competitive bidding procedures for those
services. The NPRM also seeks comment on the usefulness and benefits of
continuing the finder's preference program for the PLMR services in the
470-512 MHz, 800 MHz, and 900 MHz bands.
3. In order to avoid undermining the regulatory framework that we
may adopt for the 220-222 MHz band, we have decided to delay processing
any finder's preference requests that may be filed in this band pending
final action in this proceeding. Continued processing of site-based
requests could frustrate the intent of our geographic area licensing
proposal by increasing the encumbrances on this spectrum with site-
based licensees, thus reducing the flexibility of the geographic-based
licensees and thereby impairing their ability to best serve the public.
Accordingly, our decision to delay processing of these requests serves
the public interest. Moreover, this decision is procedural in nature,
and thus not subject to the notice and comment and effective date
requirements of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(A), (d). We also observe that our ongoing compliance review
procedures will ensure that this decision does not compromise the
public interest in any way.
4. This Notice of Proposed Rule Making is issued under the
authority contained in 47 U.S.C. 154(i) and 303(r). Pursuant to
applicable procedures set forth in Sections 1.415 and 1.419 of the
Commission's Rules, 47 CFR 1.415 and 1.419, interested parties may file
comments on or before November 18, 1996, and reply comments on or
before December 3, 1996. To file formally in this proceeding, you must
file an original and four copies of all comments, reply comments, and
supporting comments. If you want each Commissioner to receive a
personal copy of your comments, you must file an original plus nine
copies. You must send comments and reply comments to the Office of the
Secretary, Federal Communications Commission, Washington, D.C. 20554.
You may also file informal comments by electronic mail. You should
address informal comments to smagnott@fcc.gov. You must put the docket
number of this proceeding on the subject line (see the caption at the
beginning of this NPRM). You must also include your full name and
Postal Service mailing address in the text of the message. Formal and
informal comments and reply comments will be available for public
inspection during regular business hours in the FCC Reference Center,
Room 239, Federal Communications Commission, 1919 M Street, N.W.,
Washington D.C. 20554.
List of Subjects in 47 CFR Part 90
Finder's preference, Radio
Federal Communications Commission.
Shirley S. Suggs,
Chief, Publications Branch.
Proposed Rules
Part 90 of Title 47 of the Code of Federal Regulations is proposed
to be amended as follows:
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
1. The authority citation for Part 90 continues to read as follows:
Authority: Secs. 4, 303, and 332, 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 303, and 332, unless otherwise noted.
Sec. 90.173 [Amended]
Section 90.173 is amended by removing the words ``220-222 MHz,'' in
the paragraph (k) introductory text.
[FR Doc. 96-25235 Filed 10-3-96; 8:45 am]
BILLING CODE 6712-01-P
