[Federal Register Volume 61, Number 82 (Friday, April 26, 1996)]
[Proposed Rules]
[Pages 18538-18539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10344]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[WT Docket No. 96-86; DA 96-604]
Wireless Services; National Communications Services System
Petition
AGENCY: Federal Communications Commission.
ACTION: Petition for rulemaking.
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SUMMARY: The Commission seeks comment on a petition for rulemaking
filed by the National Communications System requesting that the
Commission adopt rules to provide ``priority access'' to cellular
spectrum for National Security/Emergency Preparedness responsiveness.
The action is taken to establish a record upon which to base a decision
on this issue.
DATES: Comments are due on or before June 3, 1996, and reply comments
are due on or before July 2, 1996.
ADDRESSES: Federal Communications Commission, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Robert McNamara, Wireless
Telecommunications Bureau, Private Wireless Division, (202) 418-0680.
SUPPLEMENTARY INFORMATION:
Petition for Rulemaking Filed; Commission Seeks Comment on Petition for
Rulemaking Filed by National Communications System
Comments Due: June 3, 1996; Replies Due: July 2, 1996
On October 19, 1995, the National Communications System (``NCS''),
through the Secretary of Defense as an Executive Agent of the NCS,
filed a Petition for Rulemaking requesting the Commission to adopt
rules to provide ``priority access'' to cellular spectrum for National
Security/Emergency Preparedness (NS/EP) responsiveness. Specifically,
NCS requests that the Commission establish the Cellular Priority Access
Service (CPAS).
[[Page 18539]]
Summary of NCS Petition
The NCS contends in its petition for rulemaking that cellular usage
by the general public in emergency situations leads to congestion in
the cellular network, causing usage by those with NS/EP
responsibilities to be severely curtailed or made impossible. Without
``priority access'' to cellular spectrum, the NCS argues, rescue
workers are impaired by recurring surges in cellular usage associated
with emergency situations. The NCS cites the bombing of a Federal
office building in Oklahoma City, Oklahoma, as a recent example. The
NCS argues that ``priority access'' to cellular spectrum is essential
in conducting response and recovery efforts. The NCS also maintains
that action at the national level is necessary to ensure there is one
uniform, nationwide cellular priority access scheme.
The term ``priority access,'' as used by the NCS, means that in
emergencies, when cellular spectrum is congested, authorized priority
users would gain access to the cellular radio spectrum before cellular
telephone users not engaged in NS/EP functions. Approval of the
proposed rules would (1) authorize cellular service providers to
provide priority access; (2) ensure that such service providers, when
doing so, are not in violation of Communications Act provisions barring
unlawful discrimination or undue preference; and (3) override any
existing contractual provisions inconsistent with the rules adopted.
The NCS requests that the Commission establish the Cellular
Priority Access Service (CPAS) by amending Part 64 of the Commission's
Rules. Under the proposed CPAS rules, authorized NS/EP users would be
permitted to obtain access to cellular radio channels ahead of non-NS/
EP users when cellular network congestion is blocking NS/EP call
attempts. In order to obtain priority access, the authorized user would
dial a feature code such as ``*XX.'' The service would require no
special activation; CPAS calls would not preempt calls in progress.
Public Safety Rulemaking
In a rulemaking proceeding recently initiated by the Commission,
comment has been sought regarding present deficiencies in public safety
wireless communications, and spectrum needs for public safety purposes.
See The Development of Operational, Technical, and Spectrum
Requirements for Meeting Federal, State and Local Public Safety Agency
Communication Requirements Through the Year 2010, WT Docket No. 96-86,
Notice of Proposed Rulemaking, FCC 96-115, released April 10, 1996. The
Commission stated that the goal of the proceeding is:
To develop the data necessary to evaluate the spectrum needs of
public safety agencies, to solicit comment on how best to meet these
needs, and to facilitate a transition to a communications
environment in which public safety agencies have access to higher
quality transmission, emerging technologies, and broader services,
including the ability to communicate readily with one another
(interoperability).
Id. at para. 3.
In addition to commenting on the merits of the NCS petition,
interested parties are asked to address whether and to what extent the
issues raised in the NCS petition are related to the pending public
safety rulemaking proceeding, WT Docket No. 96-86. Interested parties
may file comments no later than June 3, 1996. Reply comments must be
filed by July 2, 1996. All comments should be filed with the Office of
the Secretary, Federal Communications Commission, 1919 M Street, NW.,
Room 222, Washington, DC 20554, referencing WT Docket No. 96-86 and the
petition for rulemaking filed by the NCS. The full text of the
petition, the comments, and reply comments are available for inspection
and duplication during regular business hours in the FCC Reference
Center, Federal Communications Commission, 1919 M Street, NW., Room
239, Washington, DC 20554. Copies may also be obtained from
International Transcription Service, Inc. (ITS), 2100 M Street, NW.,
Suite 140, Washington, DC 20037, (202) 857-3800.
List of Subjects in 47 CFR Part 64
Civil defense.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-10344 Filed 4-25-96; 8:45 am]
BILLING CODE 6712-01-P
