[Federal Register Volume 64, Number 244 (Tuesday, December 21, 1999)]
[Notices]
[Pages 71456-71457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32930]
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FEDERAL COMMUNICATIONS COMMISSION
[WT Docket No. 99-332; FCC 99-348]
Making the Frequency 156.250 MHz Available for Port Operations
Purposes in Los Angeles and Long Beach, CA Ports
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: The Order portion of this document states that the Commission
generally holds in abeyance and will not process pending applications
for public safety pool frequencies of 156.240 and 156.2475 MHz within
100 miles of the geographic center of Los Angeles. The Commission takes
this action to stop processing applications while it considers a
proposal to utilize the frequency 156.250 MHz for port operations in
the Los Angeles and Long Beach area.
DATES: Effective November 15, 1999.
FOR FURTHER INFORMATION CONTACT: James Shaffer of the Commission's
Wireless Telecommunications Bureau at (202) 418-0680.
SUPPLEMENTARY INFORMATION:
1. This is a summary of the Commission's Notice of Proposed Rule
Making and Order FCC 99-348, adopted on November 15, 1999, and released
on November 19, 1999. The full text of this Notice of Proposed Rule
Making and Order is available for inspection and copying during normal
business hours in the FCC Reference Center, Room CY A257, 445 12th
Street, S.W., Washington, D.C. The complete text may be purchased from
the Commission's copy contractor, International Transcription Service,
Inc., 1231 20th Street, N.W. Washington, D.C. 20037.
2. Effective upon the adoption date of this Notice of Proposed Rule
Making and Order, no applications for public safety pool frequencies of
156.240 and 156.2475 MHz within 100 miles of the geographic center of
Los Angeles will be accepted for filing during the pendency of the
Notice of Proposed Rule Making and Order. Any applications received on
or after this date will be returned as unacceptable for filing.
3. Our decision to impose the freeze on Public Safety Pool
frequencies of 156.240 and 156.2475 MHz within 100 miles of the
geographic center of Los Angeles is procedural in nature and therefore
the freeze is not subject to the notice and comment and effective date
requirements of the Administrative Procedures Act. See 5 U.S.C.
553(b)(A), (d); Kessler v. FCC, 326 F.2d 673 (D.C. Cir. 1963).
Moreover, there is good cause for the Commission's not using notice and
comment procedures in this case, or making the freeze effective 30 days
after publication in the Federal Register, because to do so would be
impractical, unnecessary, and contrary to the public interest because
compliance would undercut the purpose of the freeze. See 5 U.S.C.
553(b)(A), (d)(3).
Ordering Clauses
4. Authority for issuance of this Notice of Proposed Rule Making
and Order is contained in Sections 4(i), 4(j), 303(r), and 403 of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), and
403.
5. NOTICE IS HEREBY GIVEN and COMMENT IS SOUGHT on the proposed
regulatory changes described in the Notice of Proposed Rule Making and
Order, as set forth in Proposed rules.
6. IT IS FURTHER ORDERED that the Commission's Office of Public
Affairs, Reference Operations Division, SHALL SEND a copy of this
Notice of Proposed
[[Page 71457]]
Rule Making and Order, including the Initial Regulatory Flexibility
Analyses, to the Chief Counsel for Advocacy of the Small Business
Administration.
7. IT IS FURTHER ORDERED that effective upon the release date of
this Notice of Proposed Rule Making and Order, no applications will be
accepted for filing for the public safety frequencies of 156.240 and
156.2475 MHz within 100 miles of the geographic center of Los Angeles,
defined as 34 deg. 03' 15'' north latitude and 118 deg. 14' 28'' west
longitude. This freeze will continue until the Commission makes an
announcement that such applications acceptance will resume.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 99-32930 Filed 12-20-99; 8:45 am]
BILLING CODE 6712-01-P
