[Federal Register Volume 63, Number 192 (Monday, October 5, 1998)]
[Proposed Rules]
[Pages 53350-53351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26568]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 22, and 101
[WT Docket No. 97-81; DA 98-1889]
Multiple Address Systems
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; dismissal.
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SUMMARY: On September 17, 1998, the Public Safety and Private Wireless
Division adopted and released an Order dismissing all pending Multiple
Address System (MAS) applications for use of the 932-932.5/941-941.5
MHz bands which were filed in anticipation of the Commission conducting
a lottery to license competing applications. The Balanced Budget Act of
1997 terminated the Commission's authority to use lotteries to select
among competing mutually exclusive applicants for initial license or
construction permits. Applicants will have the opportunity to refile
applications for MAS service under new service rules that are fully
compliant with the Balanced Budget Act of 1997.
DATES: Effective September 17, 1998. All pending MAS applications for
use of the 932-932.5/941-941.5 MHz bands (File Nos. A00001-A50772) were
dismissed on September 17, 1998.
ADDRESSES: Federal Communications Commission, 1919 M St., NW., Room
222, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Ronald Quirk or Shellie Blakeney,
Wireless Telecommunications Bureau, Public Safety & Private Wireless
Division, Policy and Rules Branch, (202) 418-0680, or via E-mail to
rquirk@fcc.gov'' or sblakene@fcc.gov.''
SUPPLEMENTARY INFORMATION:
1. The Commission announced by Public Notice that it would open
five two-day filing windows in 1992 for license applications proposing
to use channels in the 932/941 MHz MAS frequency band. The Commission
announced that it would select licensees by lottery if mutually
exclusive applications were received. In response to the series of
filing windows, over 50,000 applications were submitted.
2. On August 10, 1993, Congress enacted the Omnibus Budget
Reconciliation Act of 1993 (1993 Budget Act) which authorized the
Commission to select licensees applying for initial license grants or
authorizations from among competing applicants by competitive bidding
for certain classes of radio licenses. As a result, the Commission
commenced a proceeding to examine whether licenses for various radio
services should be distributed by competitive bidding.
3. The 1993 Budget Act required that the Commission subject to
competitive bidding, those licensees that would receive compensation in
exchange for its services. See 47 U.S.C. 309(j)(2)(A) (1993). Hence, in
its proceeding implementing the 1993 Budget Act, the Commission
determined that the MAS applications should not be subject to
competitive bidding because at that time, it was believed that the
licenses would be primarily used for private internal communications
and not involve subscriber-based services. Subsequently, upon review of
the 50,000 applications filed, the Commission determined that its
original assumptions regarding MAS may have become inaccurate because
most applications reflected that the spectrum would be primarily used
for subscriber-based services. As a result, in February 1997, the
Commission released a Notice of Proposed Rule Making (MAS Notice), 62
FR 11407 (March 12, 1997), which sought to streamline the MAS service
rules, increase technical and operational flexibility for MAS
licensees, license most MAS channels by geographic area and award
mutually exclusive licenses by competitive bidding. The Commission also
proposed to dismiss the pending MAS applications for the 932/941 MHz
band without prejudice and to allow refiling under whatever
[[Page 53351]]
new licensing rules are ultimately adopted.
4. Subsequently, the 1997 Balanced Budget Act (1997 Budget Act)
eliminated the Commission's authority to use lotteries (with an
exception not relevant to the MAS context) for any license issued after
July 1, 1997. The 1997 Budget Act also expanded the Commission's
authority--and statutory mandate--to use competitive bidding to select
licensees from among mutually exclusive applications for any initial
license, with no exceptions for pending mutually exclusive
applications. As a result of this Congressional mandate, the Commission
was left without authority to process the pending mutually exclusive
applications by random selection. Thus, the pending applications are
dismissed without prejudice. Applicants will have the opportunity to
refile applications for MAS service under new service rules that are
fully compliant with the 1997 Balanced Budget Act.
5. Applicants can apply to the Office of Managing Director of the
Federal Communications Commission for a refund of filing fees, pursuant
to section 1.1113(a) of the Commission's rules. See 47 CFR 1.1113(a).
6. The full text of the Order is available for inspection and
duplication during regular business hours in the Public Safety and
Private Wireless Division of the Wireless Telecommunications Bureau,
Federal Communications Commission, 2025 M Street, NW., Room 8010,
Washington, DC 20554. Copies may also be obtained from International
Transcription Service, Inc. (ITS), 1231 20th Street, NW., Washington,
DC 20036, (202) 857-3800.
List of Subjects
47 CFR Part 1
Administrative practice and procedure, Communications common
carriers, Radio.
47 CFR Part 22
Communications common carriers, Radio.
47 CFR Part 101
Radio.
Federal Communications Commission.
D'wana R. Terry,
Chief, Public Safety & Private Wireless Division, Wireless
Telecommunications Bureau
[FR Doc. 98-26568 Filed 10-2-98; 8:45 am]
BILLING CODE 6712-01-P
