[Federal Register Volume 59, Number 65 (Tuesday, April 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8074]


[[Page Unknown]]

[Federal Register: April 5, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PR Docket No. 89-552; DA 94-276]

 

Use of the 220-222 Mhz Band by the Private Land Mobile Radio 
Services

AGENCY: Federal Communications Commission.

ACTION: Interpretation.

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SUMMARY: Because certain aspects of the procedures adopted by the FCC 
for filing and acceptance of 220-222 MHz license applications were 
appealed, non-nationwide licensees were granted an extension of 120 
days from the final disposition of the appeal to construct their 
systems and place them in operation. The relevant appeal was settled. 
Upon motion by affected licensees, the Private Radio Bureau has adopted 
this Order granting an extension of time through December 2, 1994, for 
non-nationwide 220-222 MHz licensees to construct their systems and 
place them in operation. This action provides affected licensees with 
necessary time to account for the unanticipated prompt appellate 
finality that followed a previous period of uncertainty with respect to 
equipment purchasing, financing, system construction and management 
contracts.

DATES: Compliance date extended to December 2, 1994.

FOR FURTHER INFORMATION CONTACT:
John J. Borkowski, Rules Branch, Land Mobile and Microwave Division, 
Private Radio Bureau, (202) 632-7125.

SUPPLEMENTARY INFORMATION:

Order

    Adopted: March 28, 1994.
    Released: March 30, 1994.

    In the Matter of Amendment of Part 90 of the Commission's Rules to 
Provide for the Use of the 220-222 MHz Band by the Private Land Mobile 
Radio Services, PR Docket No. 89-552.
    By the Chief, Private Radio Bureau:
    1. On July 30, 1992, certain aspects of the Commission's procedures 
for filing and acceptance of 220-222 MHz license applications were 
appealed to the United States Court of Appeals for the District of 
Columbia Circuit.\1\ As a result, we conditioned all grants of 220-222 
MHz licenses upon the outcome of this appeal. We granted each non-
nationwide 220-222 MHz licensee, regardless of its initial 
authorization date, an automatic extended period of 120 days from the 
date of the appeal's final disposition by the courts, to construct and 
place its licensed facilities in operation.\2\
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    \1\See Evans v. Federal Communications Commission, Case No. 92-
1317 (DC Cir. filed July 30, 1992).
    \2\See public notice, Lottery for 220-222 MHz Private Radio Land 
Mobile ``Local'' Channels, DA-1231, 57 FR 41935, 41936 (September 
14, 1992).
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    2. On March 18, 1994, the pending appellate case upon which we 
conditioned these license grants was dismissed.\3\ This action 
initiated the 120-day extended construction period granted to each non-
nationwide 220-222 MHz licensee.
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    \3\Order, Per Curiam, Evans v. Federal Communications 
Commission, Case No. 92-1317 (DC Cir. March 18, 1994).
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    3. On February 15, 1994, the law firm of Keller and Heckman, on 
behalf of various 220 MHz licensees, requested that the Commission 
extend the time to construct non-nationwide 220-222 MHz facilities from 
120 days after resolution of Evans v. Federal Communications Commission 
to 240 days after its resolution. Keller and Heckman based this request 
on:
    (1) The unanticipated prompt appellate finality achieved by 
settlement of this matter;
    (2) The probable inability of 220-222 MHz equipment vendors to 
accommodate, within a 120-day timeframe, the thousands of equipment 
orders that are likely to be placed with the advent of a settlement; 
and
    (3) The likelihood that such an extension will result in the 
provision of 220-222 MHz local service to the public more quickly than 
through the automatic cancellation of existing licenses followed by the 
selection of new licensees.
    4. Keller and Heckman indicated that most 220-222 MHz non-
nationwide licensees ``have been highly reluctant to commit to 
decisions on equipment purchasing, financing, system construction and 
management contracts while the air of uncertainty as to license 
retention created by the Evans case''\4\ continues to prevail. Keller 
and Heckman stated that the requested extension would allow licensees 
the requisite time needed to address these matters.
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    \4\Request for Additional Time to Construct 220 MHz Private Land 
Mobile Radio Systems, filed by Keller and Heckman, February 15, 
1994, at 2.
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    5. Therefore, for good cause shown, it is ordered that the deadline 
for licensees to construct their non-nationwide 220-222 MHz facilities 
and place them in operation is hereby further extended. All licensees 
of such stations authorized on or before the release date of this Order 
must construct their facilities and place them in operation on or 
before December 2, 1994.\5\

    \5\All licensees of non-nationwide 220-222 MHz stations 
authorized after the release date of this Order must construct their 
facilities and place them in operation within eight months of the 
date of initial license grant. See 47 CFR 90.725(f).
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Federal Communications Commission.
Beverly G. Baker,
Deputy Chief, Private Radio Bureau.
[FR Doc. 94-8074 Filed 4-4-94; 8:45 am]
BILLING CODE 6712-01-M