[Federal Register Volume 60, Number 241 (Friday, December 15, 1995)]
[Rules and Regulations]
[Pages 64347-64348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30550]
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[[Page 64348]]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[ET Docket No. 94-32; FCC 95-454]
In-Flight Phone Corporation's Pioneer's Preference Request
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: By this Third Report and Order (Third R&O), the Commission
denies In-Flight Phone Corporation's (In-Flight's) request for a
pioneer's preference in the General Wireless Communications Service
(GWCS) at 4660-4685 MHz. The Commission finds that the GWCS service
rules are not a reasonable outgrowth of In-Flight's ground-to-air
programming service proposal, that In-Flight failed to demonstrate the
technical feasibility of its proposal in the 4660-4685 MHz band, and
that In-Flight's proposed ground-to-air programming service is not
sufficiently innovative to warrant a preference in any band. This
action is intended to affirm the Commission's policy of awarding
pioneer's preferences only for innovations of some significance.
EFFECTIVE DATE: December 15, 1995.
FOR FURTHER INFORMATION CONTACT: Tom Derenge, (202) 418-2451 or Rodney
Small, (202) 418-2452, Office of Engineering and Technology, Federal
Communications Commission, Washington, DC 20554.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third
R&O adopted November 1, 1995, and released December 5, 1995. This
action will not add to or decrease the public reporting burden. The
full text of the Commission decision is available for inspection and
copying during regular business hours in the FCC Reference Center (Room
239), 1919 M Street, NW, Washington, DC. The complete text of this
decision also may be purchased from the Commission's duplication
contractor, International Transcription Services, Inc., (202) 857-3800,
2100 M Street NW., Suite 140, Washington, DC 20037.
Summary of Third R&O
1. In-Flight originally filed its pioneer's preference request in
the narrowband Personal Communications Services proceeding, ET Docket
No. 92-100. It sought a preference in the 901-902 MHz and 940-941 MHz
bands for a live ground-to-air audio news, information, and
entertainment programming service for airline passengers. However,
because the rules adopted in Docket 92-100 were not related to In-
Flight's proposal, no action was taken on its pioneer's preference
request.
2. In February 1995, the Commission adopted a First Report and
Order and Second Notice of Proposed Rulemaking in Docket 94-32, 60 FR
13102 (March 10, 1995), reallocating 50 megahertz of Federal Government
spectrum at 2390-2400, 2402-2417, and 4660-4685 MHz to non-Government
use; and proposing that the 4660-4685 MHz band be used by the General
Wireless Communications Service (GWCS).
3. In March 1995, In-Flight filed a Petition for Declaratory
Ruling, requesting that its pending pioneer's preference request be
considered in the GWCS. In-Flight also stated that it would provide
video, as well as audio, services as a GWCS licensee. The Petition was
placed on Public Notice on April 28, 1995; however, no comments were
filed on the Public Notice.
4. On June 8, 1995, in response to the Commission's Third Report
and Order in the pioneer's preference review proceeding, ET Docket No.
93-266, 60 Fed. Reg. 32116 (June 20, 1995), In-Flight filed a
Supplement to its pioneer's preference request. In its Supplement, In-
Flight argued that it was not likely to recover its investment in
developing what it now referred to as its ``aircraft audio and video
programming service'' unless it received a pioneer's preference, and
also requested that its preference request be placed on public notice.
On June 16, 1995, In-Flight's preference request, including the
Supplement, was placed on Public Notice and assigned file number PP-88
in Docket 94-32.
5. On July 3, 1995, Claircom Licensee Corporation filed an
opposition to PP-88, in which it stated that In-Flight's programming
service is not innovative. On July 13, 1995, In-Flight filed a reply to
Claircom's opposition. On July 31, 1995, the Commission adopted a
Second Report and Order in Docket 94-32, 60 Fed. Reg. 40712 (August 9,
1995), allocating the 4660-4685 MHz band for the GWCS and adopting
service rules.
6. In the Third R&O, the Commission found that--inconsistent with
the pioneer's preference rules--the GWCS service rules are not a
reasonable outgrowth of In-Flight's ground-to-air programming service
proposal. Additionally, the Commission found that In-Flight failed to
demonstrate the technical feasibility of its proposal in the 4660-4685
MHz band. The Commission stated that In-Flight's technical achievements
in developing and testing equipment in the 901-902 MHz and 940-941 MHz
bands are not directly relevant to the 4660-4685 MHz band, due to
differences in propagation. Finally, the Commission found that In-
Flight's proposed ground-to-air programming service is not sufficiently
innovative to warrant a preference in any band. The Commission
concluded that In-Flight did not demonstrate that its technological
developments are innovative given the state-of-the-art technologies
used in providing 800 MHz air-ground radiotelephone service.
7. Accordingly, it is ordered, That the pioneer's preference
request (PP-88) filed by In-Flight Phone Corporation in this proceeding
is denied. It is further ordered, That the request for pioneer's
preference filed by In-Flight Phone Corporation in ET Docket No. 92-100
is dismissed as moot. It is further ordered, That the petition for
declaratory ruling filed by In-Flight Phone Corporation is granted in
part and denied in part.
List of Subjects in 47 CFR Part 1
Pioneer's preference, Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-30550 Filed 12-14-95; 8:45 am]
BILLING CODE 6712-01-P
