[Federal Register Volume 60, Number 173 (Thursday, September 7, 1995)]
[Proposed Rules]
[Pages 46566-46568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22294]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[PR Docket No. 89-552, GN Docket No. 93-252; FCC 95-381]
Wireless Services; Private Land Mobile Radio Service
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Commission adopts a Fouth Notice of Proposed Rulemaking in
this proceeding, seeking comment on proposed rules that will allow
existing, i.e., Phase I licensees in the 220 MHz service to seek minor
modifications of their licenses to construct and operate base stations
at currently unauthorized locations. This action is taken to enable
Phase I 220 MHz licensees to provide service within the geographic area
they could serve pursuant to their initial applications, while
accommodating those licensees that need to relocate their base stations
for technical or other reasons.
DATES: Comments are due on or before September 13, 1995, and reply
comments are due on or before September 18, 1995.
ADDRESSES: Federal Communications Commission, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Martin Liebman, Wireless Telecommunications Bureau (202) 418-1310.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Fourth Notice of Proposed Rule Making in PR Docket No. 89-552, and GN
Docket No. 93-252, FCC 95-381, adopted August 28, 1995, and released
August 29, 1995. The complete text of this Fourth Notice of Proposed
Rule Making is available for inspection and copying during normal
business hours in the FCC Reference Center (Room 239), 1919 M Street,
NW., Washington DC, and also may be purchased from the Commission's
copy contractor, International Transcription Service, (202) 857-3800,
2100 M Street, NW., Suite 140, Washington DC 20037.
Synopsis of Notice of Proposed Rule Making
1. In this Fourth Notice of Proposed Rulemaking (220 MHz Fourth
Notice), the Commission seeks comment on proposed rules that will allow
existing, i.e., Phase I licensees in the 220 MHz service to seek minor
modifications of their licenses to construct and operate base stations
at currently unauthorized locations. The Commission proposes to define
a minor modification for the 220 MHz service as any change in an
existing licensee's authorized base station location such that, at the
new station location, transmissions do not exceed a predicted field
strength of 38 dBuV/m at the edge of the licensee's existing service
area, and the Commission proposes to define the edge of a licensee's
existing service area as the predicted 38 dBuV/m field strength contour
resulting from transmissions from the licensee's currently authorized
base station. The Commission's goal in proposing this licensing
procedure is to enable Phase I 220 MHz licensees to provide service
within the geographic area they could serve pursuant to their initial
applications, while accommodating those licensees that need to relocate
their base stations for technical or other reasons.
2. The Commission believes that most licensees will be able to
locate alternative sites relatively close to their authorized site so
that they will not be required to reduce their power or antenna height
significantly. However, to enable 220 MHz licensees who desire to move
greater distances from their authorized site to serve as much of their
original area as possible, the Commission proposes to allow all
licensees modifying their authorizations
[[Page 46567]]
to construct an unlimited number of additional, or ``fill-in'' base
stations within their existing service area contour so long as the
transmissions from these sites to not exceed the predicted field
strength of 38 dBuV/m at the edge of their existing service area
contour.
3. The Commission also proposes to allow those 220 MHz licensees
that are situated in areas of the nation where signal levels could be
affected by unusual terrain to move to alternate locations and operate
at transmitter powers and antenna heights greater than would be allowed
using Figure 10 of Section 73.699 of the Commission's Rules if they
provide a technical showing, using established terrain models, to
justify the use of higher powers and antenna heights.
4. The Commission modification proposal, if adopted, will permit
220 MHz licensees to obtain permanent authorization to operate at
alternative locations. A number of 220 MHz licensees, however, have
obtained Special Temporary Authority (STA) to allow them to operate
stations temporarily at such locations. The Commission believes that
those licensees who have obtained STAs and have constructed and are
operating stations will be accommodated by its modification proposal.
The Commission therefore proposes that licensees with STAs who seek
permanent authorization at their STA site be required to comply with
the Commission's modification proposal.
5. The Commission intends to adopt a Report and Order in this
proceeding as soon as possible to set forth procedures for minor
modification of 220 MHz licenses. Shortly thereafter, the Commission
will open a filing window to allow applicants to file modification
applications. Licensees will then obtain an authorization to construct
a base station at their desired location and under their new operating
parameters. The Commission proposes that this authorization, which
replaces the licensees's existing authorization, will be the licensee's
``service area authorization'' and that thereafter the base station
constructed under the service area authorization will be the licensee's
``primary base station.''
6. Although the Commission intends to grant applications for
service area authorizations within a short time of their receipt, it is
concerned that licensees obtaining such authorizations may not have
sufficient time to construct their primary base stations by the
December 31, 1995, construction and operation deadline. Therefore, for
all licensees obtaining service area authorizations, the Commission
will extend the deadline for the construction and operation of their
primary base stations to a date 4 months after the grant of their
service area authorization. Licensees not granted service area
authorizations must still construct their currently authorized base
stations and begin operation by December 31, 1995. Licensees obtaining
service area authorizations may construct fill-in stations, but will be
required to notify the Commission of their construction. The authority
to operate fill-in stations will then be granted through minor
modification of the licensee's service area authorization.
7. Finally, with the requirement, under our modification proposal,
that the predicted field strength of transmissions from a licensee's
primary base station not exceed 38 dBuV/m at the licensee's existing
service area contour, the Commission is concerned that licensees
obtaining service area authorizations could place into operation a
primary base station of minimal power simply to meet their construction
requirement. To prevent this from occurring, the Commission proposes to
require licensees seeking service area authorizations to operate their
primary base station at a power and antenna height that will result in
the transmission of a predicted signal of 38 dBuV/m or more over at
least 50 percent of the licensee's existing service area.
8. The Commission will require parties commenting on this proposal
to file comments within 15 days of the release of this item and to file
reply comments 5 days thereafter.
Administrative Matters
9. Pursuant to applicable procedures set forth in Sections 1.415
and 1.419 of the Commission's Rules, 47 CFR 1.415 and 1.419, interested
parties may file comments on or before September 13, 1995, and reply
comments on or before September 18, 1995. To file formally in this
proceeding, you must file an original plus four copies of all comments,
reply comments, and supporting comments. If you want each Commissioner
to receive a personal copy of your comments, you must file an original
plus nine copies. You should send comments and reply comments 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 FCC Reference Center
(Room 239), 1919 M Street, NW, Washington, DC 20554.
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 the
Commission Rules, See generally 47 CFR 1.1202, 1.1203, and 1,1206(a).
Initial Regulatory Flexibility Act Statement
I. Reason for Action
The action is taken to complete the implementation of the statutory
and regulatory revisions applicable to the 220 MHz service by Congress
in the Omnibus Budget Reconciliation Act of 1993 and by the Commission
in several orders adopted in GN Docket No. 93-252 pertaining to a
framework for the acceptance of initial or modification applications
for the 220 MHz service.
II. Objectives of this Action
The Commission's primary goal is to establish a flexible regulatory
scheme that will allow for more efficient licensing, eliminate
unnecessary regulatory burdens on existing Phase I, non-nationwide
licensees, and enhance the competitive potential of 220 MHz services in
the mobile marketplace.
III. Legal Basis
The proposed action is authorized under Sections 4(i), 303(r), and
332 of the Communications Act of 1934, as amended.
IV. Description, Potential Impact and Number of Small Entities Affected
There are approximately 3,800 non-nationwide licensees authorized
under Phase I licensing of the 220 MHz band. The potential impact of
the proposals contained in this decision on small businesses is hard to
predict without the benefit of comment, and the actual impact will
depend on the final action taken. The intention of this action is to
provide these Phase I non-nationwide licensees, which are authorized
under site-specific licenses, with more flexibility with a minimum
increased burden. The Commission, in drafting these proposals, has
tried to balance the needs of all licensees and potential licensees.
For example, to afford Phase I non-nationwide licensees increased
flexibility to meet consumer demand and the ability to compete with
future 220 MHz licensees and other CMRS licensees, licensees would be
permitted to relocate a base station or construct fill-in stations
anywhere within a service area to be defined by their existing 38 dBuV/
m service contour, as long as the transmissions from the new sites do
not extend beyond that contour.
[[Page 46568]]
As an example of proposed rules decreasing restrictions on these Phase
I licensees, a licensee seeking to relocate within the newly defined
service area would file a modification application to replace its
existing site-specific authorization with a service area authorization
that permits relocation on a permissive basis through minor
modification of the service area authorization. Moreover, the existing
deadline of December 31, 1995, imposed on Phase I licenses for the
construction and operation of primary base stations will be extended to
a date four months after the grant of the proposed service area
authorization.
V. Reporting, Recordkeeping and Other Compliance Requirements
The Commission is proposing to generally decrease the burden on
non-nationwide, Phase I licensees. A licensee would be able to replace
its existing site-specific authority with an authorization that permits
it to relocate authorized base stations or add fill-in base stations
within an area to be defined by its existing 38 dBuV/m service contour
through minor modification procedures. However, the licensee would be
required to file a modification application during a filing window to
be established upon the adoption of final rules in order to obtain the
authorization to operate within the proposed service area. Also, the
licensee would be required to notify the Commission of the construction
of any fill-in stations.
VI. Federal Rules which Overlap, Duplicate, or Conflict with these
Proposals
None.
VII. Significant Alternatives
The Commission believes that the modification licensing procedure
proposed for non-nationwide Phase I licensees represents the best
balance of providing them with the most flexibility and the least
regulatory burden possible. It enables licensees to exchange their
site-specific license for a broad, service-area license that permits
them to move sites freely within the transmission area of the existing
license through modification applications, while ensuring that
transmissions do not extend to new geographic areas so as to require
competing applications under initial application procedures.
11. As required by Section 603 of the Regulatory Flexibility Act,
the Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) of the expected impact on small entities of the proposals
suggested in this document. Written public comments are requested on
the IRFA. These comments must be filed in accordance with the same
filing deadlines as comments on the rest of this Fourth Notice of
Proposed Rulemaking, but they must have a separate and distinct heading
designating them as responses to the Initial Regulatory Flexibility
Analysis. The Secretary shall send a copy of this Fourth Notice of
Proposed Rulemaking, including the Initial Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration in accordance with paragraph 603(a) of the Regulatory
Flexibility Act. Pub. L. No. 96-354, 94 Stat. 1164, 5 U.S.C. Section
601 et seq. (1981).
12. Authority for issuance of this Fourth Notice of Proposed
Rulemaking is contained in Sections 4(i), 303r, and 332 of the
Communications Act of 1934 as amended; 47 U.S.C. 154(i), 303(r), and
332.
List of Subjects in 47 CFR Part 90
Business and industry, Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-22294 Filed 9-6-95; 8:45 am]
BILLING CODE 6712-01-M
