[Federal Register Volume 59, Number 79 (Monday, April 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9875]


[[Page Unknown]]

[Federal Register: April 25, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 94-329]

 

Comment Sought on Requests to Waive Section 90.603(C) to Permit 
Wireline Common Carriers to Hold SMR Licenses

April 12, 1994.
    The Commission seeks comment on six requests for waiver of 
Sec. 90.603(c), 47 CFR 90.603(c), of the Commission's rules, which 
prohibits wireline telephone common carriers from holding Specialized 
Mobile Radio (SMR) base station licenses. Specifically, these requests 
are: (1) Southwestern Bell Corporation (SBC) Request for Permanent 
Waiver; (2) Bell Atlantic Enterprises International, Inc. (Bell 
Atlantic) Request for Rule Waiver; (3) US West Paging, Inc. (USWP) 
Request for Permanent Waiver; (4) RAM Mobile Data USA Limited (RMD) 
Request for Transfer of Control and Rule Waiver; (5) Cass Cable TV, 
Inc. (Cass Cable) Request for Rule Waiver; and (6) American Paging, 
Inc. (API) Request for Rule Waiver.
    The SBC, Bell Atlantic and USWP waiver requests stem from a 1992 
Order that had terminated all conditional waivers of Section 90.603(c) 
that had been previously granted, but gave recipients of those waiver 
grants an opportunity to rejustify their waivers. See Order in PR 
Docket No. 86-3, 57 FR 53293, November 9, 1992, 7 FCC Rcd 6879 (1992). 
By the terms of the 1992 Order, SBC, Bell Atlantic, and USWP continue 
to hold SMR interests pending the resolution of their waiver 
rejustification requests.
    SBC, Bell Atlantic and USWP maintain that a waiver is justified 
because the regulatory concerns underlying the wireline restriction are 
no longer justified. They further allege that a waiver is warranted 
because continued operation of their SMR systems would serve the public 
interest. In addition, Bell Atlantic states that a waiver is justified 
because its SMR systems serve markets outside of its parent's wireline 
areas. At a minimum, SBC requests the Commission to continue its waiver 
until the wireline prohibition is reexamined.
    In addition, there are three other requests filed by RMD, Cass 
Cable and API. RMD and API each allege that a waiver is warranted 
because their innovative new service offerings would serve the public 
interest and are consistent with Commission policy. API further states 
that a waiver is justified because it will not be operating in any area 
where its parent holds wireline interests and will not be 
interconnecting with any parent-owned wireline. Cass Cable maintains 
that the concerns which prompted the Commission to restrict wireline 
ownership of SMR licenses are no longer operable or, in any case, do 
not apply to them. Cass Cable also agreed, if the Commission so 
requires, to forego SMR service in areas where its affiliate provides 
wireline service.
    We solicit comments on all aspects of the waiver requests filed by 
SMC, Bell Atlantic, USWP, RMD, Cass Cable, and API. Comments should be 
filed on or before May 20, 1994. Reply comments should be filed on or 
before June 3, 1994. Comments and reply comments should be addressed 
to: Rules Branch, Land Mobile and Microwave Division, Private Radio 
Bureau, room 5202, STP 1700A1, Federal Communications Commission, 
Washington, DC 20554. By requesting comments on the instant requests, 
we clarify that the Commission is not ruling on the adequacy of the 
filing fees tendered.
    Copies of the requests may be obtained from the Commission's 
duplicating contractor, International Transcription Service, Inc. 
(ITS), 2100 M Street, NW., suite 140, Washington, DC 20037, (202) 857-
3800. Copies are also available for public inspection during regular 
business hours in room 5202, 2025 M Street, NW., Washington, DC 20554.
    For further information contact Kathleen Ham or Sue McNeil of the 
Rules Branch at (202) 632-7125.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-9875 Filed 4-22-94; 8:45 am]
BILLING CODE 6712-01-M