95-11285. Petition for Declaratory Ruling

[Federal Register Volume 60, Number 89 (Tuesday, May 9, 1995)]
[Notices]
[Pages 24631-24632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11285]



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[[Page 24632]]

FEDERAL COMMUNICATIONS COMMISSION

[DA 95-967]


Petition for Declaratory Ruling

AGENCY: Federal Communications Commission.

ACTION: Public Notice.

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SUMMARY: The Commission requests comment on a Petition for Declaratory 
Ruling filed by In-Flight Phone Corp (In-Flight). The petition asks 
that the Commission consider In-Flight's pioneer's preference request, 
which originally was filed in ET Docket No. 92-100, in ET Docket No. 
94-32.

DATES: Comments are due May 19, 1995. Reply comments are due May 31, 
1995.

FOR FURTHER INFORMATION CONTACT:
Thomas P. Derenge, [phone], Office of Engineering and 
Technology, Federal Communications Commission, Washington, DC 20554.
SUPPLEMENTARY INFORMATION:

Comment Sought on In-Flight Phone Corp. Petition for Declaratory Ruling

April 28, 1995.

    On March 16, 1995, In-Flight Phone Corp. (In-Flight) filed a 
Petition for Declaratory Ruling requesting that its pioneer's 
preference (PP) Request filed in the Narrowband Personal Communications 
Services proceeding, ET Docket No. 92-100, now be considered in ET 
Docket No. 94-32, Allocation of Spectrum Below 5 GHz Transferred from 
Federal Government Use. Specifically, In-Flight requests that the 
Commission rule that: (1) Its PP Request was filed by the deadline 
applicable to permit consideration in ET Docket No. 94-32, in which the 
Second Notice of Proposed Rulemaking (Second NPRM) proposes that the 
4660-4685 MHz band be allocated to a General Wireless Communications 
Service (GWCS); and (2) that the request will be considered in that 
docket.
    In-Flight filed its PP Request in ET Docket No. 94-100 on October 
30, 1992, seeking a preference in the 901-902 MHz and 940-941 MHz bands 
for a live ground-to-air audio news, information, and entertainment 
service for airline passengers. However, because the rules adopted in 
ET Docket No. 94-100 were not related to In-Flight's proposal, its PP 
Request has not been acted upon by the Commission.
    On May 4, 1994, the Commission released a Notice of Inquiry (NOI) 
in ET Docket No. 94-32, seeking information on potential applications 
of 50 megahertz of transferred Federal Government spectrum. On November 
8, 1994, a Notice of Proposed Rulemaking (NPRM) was released proposing 
the allocation of the spectrum, and a First Report and Order and Second 
Notice of Proposed Rulemaking was released on February 17, 1995. The 
Second NPRM proposed that the 4660-4685 MHz band be allocated for a 
GWCS.
    In-Flight argues that is PP Request should be considered in ET 
Docket No. 94-32 because the proposed service rules would allow it to 
apply for a license to provide its service in the 4660-4685 MHz band. 
In-Flight claims that the service for which the preference is sought is 
identical in all relevant respects to the service it would provide as a 
GWCS licensee. Finally, In-Flight requests that the Commission issued 
the requested ruling well in advance of the August 10, 1995 statutory 
deadline for issuing final rules in ET Docket No. 94-32, so that the 
Commission will have sufficient time to decide whether to award a 
pioneer's preference to In-Flight.
    We herein request comment on In-Flight's Petition for Declaratory 
Ruling. Comments are due May 19, 1995, and reply comments are due May 
31, 1995. We note that In-Flight's PP Request has been formally 
opposed. Accordingly, the PP Request constitutes a restricted 
Commission proceeding in which ex parte presentations are prohibited: 
see 47 CFR 1.1208(c).
    The Petition for Declaratory Ruling and related materials are 
available for inspection in the Office of Engineering and Technology, 
Suite 480, 2000 M Street N.W., Washington, DC during regular business 
hours M-F 8:00 AM to 5:00 PM. This material may also be purchased from 
the Commission's duplication contractor, International Transcription 
Service, Inc., 2100 M Street, NW, Suite 140, Washington, DC 20036, 
[phone]. For further information, contact Thomas Derenge in the 
Office of Engineering and Technology, [phone].

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-11285 Filed 5-8-95; 8:45 am]
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