[Federal Register Volume 62, Number 57 (Tuesday, March 25, 1997)]
[Rules and Regulations]
[Pages 14015-14016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7260]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 101
[ET Docket No. 95-183; PP Docket No. 93-253; FCC 96-486]
37.0-38.6 GHz and 38.6-40.0 GHz Bands and Implementation of
Section 309(j) of the Communications Act--Competitive Bidding
AGENCY: Federal Communications Commission.
ACTION: Final rule; petition for reconsideration.
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SUMMARY: Upon reconsideration, the Commission has decided to lift the
processing freeze on amendments of right filed on applications in the
38.6-40.0 GHz band (``the 39 GHz band'') before December 15,
1995.1 By this action, all applications that were amended to
resolve mutual exclusivity before this date will be processed, provided
that the original applications had completed their 60-day public notice
period as of November 13, 1995. In addition, the Commission clarifies
that applications to modify existing 39 GHz licenses and amendments
thereto will be processed regardless of when filed, provided they
neither enlarge the service area nor change the assigned frequency
blocks (except to delete them). In all other respects, previous
decisions regarding the filing and processing of 39 GHz applications
and amendments are unaffected by this Memorandum Opinion and Order.
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\1\ See 47 CFR 101.29 (addressing amendments of right).
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EFFECTIVE DATE: January 17, 1997.
FOR FURTHER INFORMATION CONTACT: Susan Magnotti, Private Wireless
Division, (202) 418-0871.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Memorandum Opinion and Order, FCC 96-486, adopted December 20, 1996 and
released January 17, 1997. The complete text of this document is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington, DC
20554, and may be purchased from the Commission's copy contractor,
International Transcription Service, (202) 857-3800, 2100 M Street,
NW., Washington, DC 20037.
Summary of Order
1. By this action, the Commission resolves and provides
clarification on the treatment it will afford pending applications in
the 38.6-40.0 GHz band (``the 39 GHz band''). The 39 GHz band is used
to support fixed point-to-point microwave communications.
2. On September 9, 1994, the Point-to-Point Microwave Section of
the Telecommunications Industry Association (``TIA'') filed a Petition
for Rule Making concerning use of the 39 GHz band and the 37.0-38.6 GHz
(``37 GHz'') band, for which there are currently no licensing or
service rules. On November 13, 1995, the Wireless Telecommunications
Bureau (``Bureau'') issued a Freeze Order, 61 FR 8062 (March 1, 1996)
announcing that the Commission would no longer accept for filing
applications for new 39 GHz licenses in the Common Carrier or
Operational Fixed Point-to-Point Microwave Radio Services, pending
Commission action on TIA's Petition.
3. Thereafter, on December 15, 1995, the Commission issued an NPRM
and Order, 61 FR 2452 (January 26, 1996) which expanded upon the
November 13, 1995 Freeze Order, primarily by distinguishing between
those pending 39 GHz applications that would be processed and those
that would be held in abeyance pending the outcome of the rulemaking
proceeding. As a result of the above Commission actions, several
parties filed petitions for reconsideration of that portion of the
Commission's December 15, 1995 NPRM and Order which imposed an interim
processing freeze on certain 39 GHz band license applications and
amendments. An Emergency Request for Stay of the freeze was also filed.
In this Memorandum Opinion and Order, the Commission grants these
petitions in part and denies them in part. In light of the Commission's
decision regarding the petitions for reconsideration, the Emergency
Request for Stay is moot.
4. The NPRM and Order provided that pending applications would be
processed if (1) they were not mutually exclusive with other
applications at the time of the Bureau's November 13, 1995 Freeze
Order, and (2) the 60-day period for filing mutually exclusive
applications had expired prior to November 13, 1995. The NPRM and Order
further provided that those applications that were mutually exclusive
with others as of November 13, 1995, or within the 60-day period for
filing competing applications on or after November 13, 1995, would be
held in abeyance. Amendments to these frozen applications received on
or after November 13, 1995, would also be held in abeyance. Moreover,
applications for modification of existing 39 GHz licenses filed on or
after November 13, 1995, would be held in abeyance, as well as
amendments to these modification applications filed on or after
November 13, 1995. Finally, no new applications to modify existing
licenses, or amendments to pending modification applications, would be
accepted for filing on or after December 15, 1995. The foregoing
restrictions on modification applications and amendments thereto were
not intended to apply if the requested action would neither enlarge the
service area nor change frequency blocks (except to delete them).
5. This Memorandum Opinion and Order gives some of the relief
requested by petitioners by lifting the processing freeze on amendments
of right filed before December 15, 1995. Thus, all applications that
were amended to
[[Page 14016]]
resolve mutual exclusivity before December 15, 1995, will be processed,
provided the applications had completed the 60-day public notice period
on or before November 13, 1995. Another main point of the decision is
that the Commission will process those amendments of right filed on or
after November 13, 1995, but before December 15, 1995. Further, it will
continue to hold in abeyance all pending mutually exclusive
applications, unless the mutual exclusivity was resolved by an
amendment of right filed before December 15, 1995. In addition, the
Memorandum Opinion and Order states that applications to modify
existing 39 GHz licenses and amendments thereto would be processed
regardless of when filed, provided they neither enlarge the service
area nor change the assigned frequency blocks (except to delete them).
These applications and amendments will be processed and granted, if
otherwise in compliance with the Commission's Rules.
Ordering Clauses
6. Accordingly, it is hereby ordered that the Petition for
Reconsideration submitted by Commco, LLC., PLAINCOM, INC., and Sintra
Capital Corporation, and the Petition for Partial Reconsideration filed
by DCT Communications, Inc., are hereby granted in part and denied in
part.
7. It is further ordered that the Emergency Petition for Stay filed
by Commco, L.L.C., PLAINCOM, INC., and Sintra Capital Corporation is
hereby dismissed as moot.
8. This action is taken pursuant to the authority found in Sections
4 (i) and 303 of the Communications Act of 1934, as amended, 47 U.S.C.
154 (i) and 303, and Section 0.131 of the Commission's Rules, 47 CFR
0.131. For further information, contact Susan Magnotti, Private
Wireless Division, (202) 418-0871.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-7260 Filed 3-24-97; 8:45 am]
BILLING CODE 6712-01-P
