[Federal Register Volume 59, Number 116 (Friday, June 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14455]
[[Page Unknown]]
[Federal Register: June 17, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 22
[CC Docket No. 92-115; FCC 94-102]
Public Mobile Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Federal Communications Commission proposes further
revisions to its rules governing the Public Mobile Services. The
proposed further revisions are necessary to update these rules. The
intent of this proposal is to eliminate unnecessary information
collection requirements, streamline licensing procedures, reduce the
processing and review burden on the Commission's staff, and ensure that
licensees in the public mobile services are fully qualified to provide
service to the public as expeditiously as possible.
DATES: Comments must be submitted on or before June 20, 1994. Reply
comments must be submitted on or before July 5, 1994.
ADDRESSES: Address written comments to: Federal Communications
Commission, 1919 M Street, NW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Leila Brown, 202-632-6450 or Dan
Abeyta, 202-632-6450.
SUPPLEMENTARY INFORMATION:
Summary of the Further Notice of Proposed Rulemaking
The following is a summary of the Commission's further notice of
proposed rulemaking in CC Docket No. 92-115, adopted April 20, 1994 and
released May 20, 1994. The full texts of all Commission decisions are
available for inspection and copying during normal business hours in
the FCC Docket Branch (room 230), 1919 M Street, NW., Washington, DC.
The complete text of this decision may be purchased from the
Commission's copy contractor, International Transcription Services,
(202) 857-3800, 2100 M Street, NW., suite 140, Washington, DC 20037.
1. In this Further Notice, the Federal Communications Commission
proposes further revisions to 47 CFR part 22. The rules in part 22
govern the Public Mobile Services. These revisions are proposed in
order to eliminate unnecessary information collection requirements,
streamline licensing procedures, reduce the processing and review
burden on the Commission's staff, and ensure that licensees in the
public mobile services are fully qualified to provide service to the
public as expeditiously as possible.
2. On May 14, 1992, the Commission adopted a Notice of Proposed
Rulemaking in the docket 57 FR 29260, July 1, 1992 proposing
comprehensive revisions to part 22. Prior to adoption of a Report and
Order in this proceeding, Congress enacted the Omnibus Budget
Reconciliation Act of 1993 (Budget Act) which amends section 3(n) and
section 332 of the Communications Act. The Budget Act creates a
comprehensive regulatory framework for all mobile radio services,
including existing part 22 common carrier mobile services, private land
mobile services, and future services. Because of the broad statutory
changes that affect the regulation of mobile services, action on the
part 22 revision was deferred. The proposals adopted in the further
notice augment those proposals adopted in the notice.
3. We propose to require licensees notifying the Commission of
minor modifications to their systems on FCC Form 489, which include
Service Area Boundary (SAB) extensions into the adjacent market, to
specify whether the 5 year fill-in period for the market has expired
and, if so, to state that the SAB extension does not cover any unserved
area. Current rules allow a cellular licensee to expand its SAB into an
adjacent cellular service territory pursuant to a written agreement
with the latter licensee. A licensee is permitted to expand its SAB
into an adjacent cellular geographic service area (CGSA) at any time
and may extend into an adjacent metropolitan service area or a rural
service area provided the 5 year fill-in period has not expired. Many
of the contracts included with FCC Forms 489 that notify the Commission
of such minor modifications simply acknowledge a licensee's permission
to allow a SAB extension into its market, even when the 5 year fill-in
period has expired. In these cases, the staff must devote a significant
amount of time to determine if the SAB extension covers any unserved
area, because licensees may apply to serve such area only by filing a
separate application with the Commission.
4. We propose to revise the scale of the maps required to be filed
by the Commission's rules from 1:250,000 to 1:500,000. We believe that
reducing the map scale would serve the public interest by reducing both
filing burdens on applicants as well as review burdens on the staff.
5. We propose to modify the rules to allow cellular licensees to
make minor changes to their facilities and to add transmitters within
the contours of authorized stations without seeking prior approval or
notifying the Commission of such changes. If we adopt this proposal, we
plan to eliminate the listing of internal cell sites on our
authorizations for existing licensees. However, we intend to maintain
accurate, current information regarding the cell sites that constitute
a system's CGSA boundary--i.e., the external cell sites. Therefore, we
propose to require all cellular licenses to submit the following
information for each of their external cell sites: (1) The geographic
coordinates and cell site location description as required in Item 27
on Schedule B of FCC Form 401 and (2) the operating and technical
parameters for the cell site which is currently required in Table MOB 2
and Table MOB 3 of FCC Form 401. This is a one time filing that would
assist the staff in updating the Commission's database systems.
6. We propose to modify the information that licensees must submit
pursuant to rule Sec. 22.925 of the Commission's rules. First,
consistent with the proposal to revise the map scale, we propose to
revise the scale of the full-size map to a scale of 1:500,000. Second,
we propose to require that all maps submitted pursuant to this rule
show only the exterior cell sites and their respective service area
boundaries that make up the CGSA. Third, we propose to require
licensees to include an exhibit providing the coordinates for each
exterior cell site and the information currently required in the MOB 3
Table of FCC Form 401. Fourth, we propose to eliminate the requirement
that licensees submit a frequency utilization plan or chart. Fifth, we
propose to require licensees to label all System Information Update
maps with specific language explaining which carrier is filing the map
and for which market.
7. We propose that for all 931 MHz paging applications, applicants
must specify the frequency for which they seek authorization. The
frequency requested must be available at the time the application is
filed. Applications that are acceptable for filing will be placed on
public notice. Mutually exclusive applications received within 30 days
after the public notice will be considered one processing group.
Mutually exclusive applicants for specific frequencies that are
accepted for filing after July 26, 1993 would be subject to the
competitive bidding process. We also propose that applicants for 931
MHz paging frequencies with applications pending when final rules
become effective be given 60 days from the effective date of a final
order in this proceeding to amend their applications to specify
frequencies for which they seek authorization. Failure to amend a
pending application to specify a frequency will result in dismissal of
that application. All pending amended applications and newly filed
applications that are mutually exclusive and received within 60 days of
the effective date of this Order will be considered together as a
processing group this one time only. We propose that the amended
applications be subject to the competitive bidding process. However, we
seek comment on whether we should instead use lotteries for these
applications.
8. We propose to consider the following to be an initial 931 MHz
paging application: (1) an application anywhere on a new frequency and
(2) a proposal to locate a new facility more than two kilometers (1.6
miles) from any existing facility operating on the same frequency. A
931 MHz paging application would be considered a modification of an
existing system only if: (1) It proposes a new location two kilometers
or less from a previously authorized and fully operational base station
licensed to the same licensee operating on the same frequency; or (2)
the application is for a change of location within two kilometers of an
existing station licensed to the same licensee; or (3) the application
proposes a technical change that would not increase the service
contour. We tentatively conclude that we will use first come, first
served procedures to process 931 MHz paging modification licenses in
cases in which we conclude, as a result of our examination of the issue
in this rulemaking proceeding, that the use of competitive bidding
procedures would not be legally permissible or otherwise appropriate.
Under the first come, first served procedure, only manually exclusive
modification applications received on the same day would, consistent
with the Budget Act, be designated for comparative hearing to determine
which modification application should be granted.
9. We welcome comment on any and all of the proposed further
revisions to 47 CFR part 22. We also invite suggestions for any other
proposals or refinements to the proposals that we have made in this
proceeding.
10. This is a non-restricted notice and comment rulemaking
proceeding. Ex parte presentations are permitted except during the
Sunshine Agenda period, provided they are disclosed as provided in
Commission rules. See generally 47 CFR 1.1202, 1.1203 and 1.1206(a).
11. Pursuant to applicable procedures in 47 CFR 1.415 and 1.419,
interested parties may file comments on or before June 20, 1994 and
reply comments on or before July 5, 1994. All relevant and timely
comments will be considered by the Commission before final action is
taken in this proceeding. To file formally in this proceeding,
participants must file an original and four copies of all comments,
reply comments and supporting comments. If participants want each
Commissioner to receive a personal copy of their comments, an original
plus nine copies must be filed. Comments and reply comments should be
sent to Office of the Secretary, Federal Communications Commission,
Washington, DC 20554. Comments and reply comments will be available for
public inspection during regular business hours in the Dockets
Reference Room (room 239) of the Federal Communications Commission,
1919 M Street NW., Washington, DC 20554.
12. Accordingly, it is ordered that, pursuant to section 4(i) and
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i)
and 303(r), this further notice of proposed Rulemaking is issued. It is
further ordered, That the Secretary shall cause a copy of this further
notice to be sent to the Chief Counsel for advocacy of the Small
Business Administration.
Paperwork Reduction Act
The following collections of information contained in this proposed
rule have been submitted to the Office of Management and Budget for
review under section 3504(h) of the Paperwork Reduction Act (44 U.S.C.
3504(h)). Copies of this submission may be purchased from the
Commission's copy contractor, International Transcription Service,
Inc., (202) 857-3800, 2100 M Street NW., suite 140, Washington, DC
20037. Persons wishing to comment on this collection of information
should direct their comments to Timothy Fain, (202) 395-3561, Office of
Management and Budget, room 3235, NEOB, Washington, DC 20503. A copy of
any comments file with the Office of Management and Budget should also
be sent to the following address at the Commission: Federal
Communications Commission, Records Management Division, room 234,
Paperwork Reduction Project, Washington, DC 20554. For further
information contact Judy Boley, (202) 632-7513.
Title: Revision of part 22 of the Commission's Rules Governing the
Public Mobile Services, CC Docket No. 92-115, FNPRM.
OMB Number: 3060-0508.
Action: Proposed new and revised collections.
Respondents: Businesses or other for profit, including small
businesses.
Frequency of Response: On occasion.
Public Burden For the Collections Is Estimated As Follows:
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Estimated
average Estimated
Proposed requirements hours per annual
response burden
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Service Area Boundary............................. ......... 3200
Extensions...................................... 2 1700
Cell Sites Report................................. 1 1700
System Information Update......................... 1 4000
931 MHz Applications.............................. 1 .........
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Total Annual Hours.......................... ......... 10,600
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Needs and Uses: The further notice of proposed rulemaking solicits
public comment to revise part 22 of FCC's rules governing the Public
Mobile Services. The revisions are proposed in order to make the rules
easier to understand, eliminate outdated rules and unnecessary
information collection requirements, streamline licensing procedures,
and allow licensees greater flexibility in providing service to the
public. Generally, the collected information is used to determine the
legal and technical qualifications of the respondents.
Regulatory Flexibility
Pursuant to the Regulatory Flexibility Act of 1980, the
Commission's initial regulatory flexibility analysis follows:
Reason for Action and Objective
The Commission is proposing to revise title 47, part 22 of the Code
of Federal Regulations to eliminate unnecessary information collection
requirements and, whenever possible, provide greater flexibility to
carriers while at the same time promoting the public interest. The
objective of this proposal is to provide effective and adaptive
regulation for communications.
Legal Basis
Authority for this further notice is contained in sections 4(i)
and 303(r) of the Communications Act of 1934, 47 U.S.C. 154(i) and
303(r).
Reporting, Recordkeeping and Other Compliance Requirements
The proposed rules would not significantly change the existing
reporting, recordkeeping and other compliance requirements. In the case
of required map filings, for example, the proposal merely changes the
scale of the map filed. Several new requirements are proposed. For
example, one of the proposed new rules would require that cellular
licensees submit information for each of their external cell sites.
Another proposed rule would require that applicants for 931 MHz paging
service request specific frequencies in their applications.
Federal Rules That Overlap, Duplicate or Conflict With These Rules
None.
Description, Potential Impact and Number of Small Entities Affected
There are approximately 8,600 licensees subject to the rules in
part 22. A substantial portion of these are small entities. There are
also a number of small entities whose business is consulting or
providing other services in connection with part 22. The proposed
further notice would not significantly impact these small entities.
Significant Alternatives Minimizing Impact on Small Entities and
Consistent With States Objectives
The proposals contained in this Further Notice are meant to
simplify and ease the regulatory burden on all Public Mobile Services
applicants and licensees consistent with the Commission's established
public interest objectives.
The Chief Counsel for Advocacy of the Small Business Administration
will be served with a copy of this Further Notice of Proposed Rule
Making in accordance with section 603(a) of the Regulatory Flexibility
Act, 5 U.S.C. 603(a).
List of Subjects in 47 CFR Part 22
Public mobile services, Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-14455 Filed 6-16-94; 8:45 am]
BILLING CODE 6712-01-M
