[Federal Register Volume 60, Number 173 (Thursday, September 7, 1995)]
[Rules and Regulations]
[Pages 46537-46538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22295]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[PR Docket No. 89-552, GN Docket No. 93-252, and PP Docket No. 93-253;
FCC 95-312]
Wireless Telecommunications Services; Private Land Mobile Radio
Service
AGENCY: Federal Communications Commission.
ACTION: Final rule; petitions for reconsideration.
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SUMMARY: In this Second Memorandum Opinion and Order portion of the
adopted Second Memorandum Opinion and Order and Third Notice of
Proposed Rulemaking, the Commission denies a Petition for
Reconsideration filed by SunCom Mobile & Data, Inc., denies waiver
requests filed by Northeast Florida Telephone Company, Wireless Plus,
Inc., and the 220 MHz QO Coalition, grants a Petition to Sever filed by
SunCom Mobile & Data, Inc., and extends the deadline for non-nationwide
220 MHz licensees authorized within Line A of the Canadian border to
construct and operate their stations to a date 12 months after the date
that the terms of an agreement with Canada are released. These actions
are taken in response to these requests and petitions.
EFFECTIVE DATE: September 7, 1995.
FOR FURTHER INFORMATION CONTACT:
Martin Liebman, Wireless Telecommunications Bureau (202) 418-1310, or
Rhonda Lien, Wireless Telecommunications Bureau (202) 418-0620.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Second Memorandum
Opinion and Order portion of the Commission's Second Memorandum Opinion
and Order and Third Notice of Proposed Rulemaking in PR Docket No. 89-
552, GN Docket No. 93-252, and PP Docket No. 93-253, FCC 95-312,
adopted July 28, 1995, and released August 28, 1995. The summary of the
Third Notice of Proposed Rulemaking portion of this decision may be
found elsewhere in this edition of the Federal Register. The complete
text of this decision 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, at
(202) 857-3800, 2100 M Street NW., Suite 140, Washington, DC 20037.
Synopsis of the Second Memorandum Opinion and Order Portion of the
Second Memorandum Opinion and Order and Third Notice of Proposed
Rulemaking
1. The Commission, in a Third Report and Order in GN Docket 93-252
(59 FR 59945, November 21, 1994) denied a Request for Declaratory
Ruling filed by SunCom Mobile & Data, Inc. (SunCom) which sought
approval to aggregate non-nationwide 220 MHz five-channel blocks on a
regional basis to provide multiple-market service on a single system.
The Commission denied a concurrently filed waiver request by SunCom to
allow an extended period for the construction of its system. SunCom
filed a Petition for Reconsideration of these decisions. Wireless Plus,
Inc., a manager of 220 MHz stations, filed a waiver request similar to
SunCom's Request for Declaratory Ruling. The Commission now denies
these three requests.
2. SunCom also filed a Petition to Sever its Requests for
Declaratory Ruling and for Waiver from GN Docket No. 93-252, and from
other petitions for reconsideration of the Third Report and Order in GN
Docket 93-252. SunCom asked that the Commission act expeditiously on
its Petition for Reconsideration. The Commission is incorporating
SunCom's Petition for Reconsideration into this proceeding for
disposition, and its Petition to Sever is therefore granted.
3. The Commission received waiver requests from the 220 MHz QO
Coalition and Northeast Florida Telephone Company seeking waiver of our
rules to permit licensees authorized on Channels 171-180 to operate in
the trunked mode. The Commission denies both of these requests.
4. The Commission extends the construction deadline for Phase I
non-nationwide 220 MHz licensees located within Line A of the Canadian
border until 12 months after the signing of an agreement with Canada on
the sharing of 220-222 MHz channels near the border.
5. Authority for issuance of the decision is contained in Sections
4(i), 303(r), and 332 of the Communications Act of 1934, as amended; 47
U.S.C. 154(i), 303(r), and 332.
Ordering Clauses
6. Accordingly, IT IS ORDERED that the Petition to Sever filed by
SunCom Mobile & Data, Inc., IS GRANTED.
7. IT IS FURTHER ORDERED that the Petition for Reconsideration
filed by SunCom Mobile & Data, Inc., IS DENIED.
[[Page 46538]]
8. IT IS FURTHER ORDERED that the Request for Rule Waiver filed by
Wireless Plus, Inc., IS DENIED.
9. IT IS FURTHER ORDERED that the Request for Rule Waiver filed by
the 220 MHz QO Coalition IS DENIED.
10. IT IS FURTHER ORDERED that the Petition for Rule Waiver filed
by Northeast Florida Telephone Company IS DENIED.
11. IT IS FURTHER ORDERED that the deadline for non-nationwide 220
MHz licensees authorized within Line A of the Canadian border to
construct and operate their stations is extended to a date 12 months
after the date that the terms of an agreement with Canada are released.
List of Subjects in 47 CFR Part 90
Business and industry, Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-22295 Filed 9-6-95; 8:45 am]
BILLING CODE 6712-01-M
