[Federal Register Volume 59, Number 115 (Thursday, June 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14646]


[[Page Unknown]]

[Federal Register: June 16, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 22

[CC Docket No. 94-46, FCC 94-113]

 

Concurrent Use of Transmitters in Common Carrier and Non-Common 
Carrier Service

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This rule making proceeding proposes to allow transmitters 
authorized under part 22 to be concurrently licensed and used for both 
common carrier and private carrier operations. The purpose of this 
proposed rule is to promote economic efficiencies for carriers in 
providing paging services. This proposed action will lead to more 
effective use of carrier resources without undermining the Commission's 
rules.

DATES: Comments must be submitted on or before July 11, 1994. Reply 
comments must be submitted on or before July 26, 1994.

FOR FURTHER INFORMATION CONTACT:
Dan Abeyta, Common Carrier Bureau, Mobile Services Division, (202) 632-
6450.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making and Order (NPRM and Order) in CC Docket 
94-46, adopted May 13, 1994 and released June 9, 1994. The full text of 
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 also 
be purchased from the Commission's copy contractor, International 
Transcription Service, Inc., (202) 857-3800, 2100 M Street NW., 
Washington, DC 20037.

Paperwork Reduction

    The proposed action does not impose a paperwork burden on the 
public.

Initial Regulatory Flexibility Analysis

    Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-
612, the Commission's initial regulatory flexibility analysis follows:

Reasons for Action and Objective

    This rule making proceeding is initiated to obtain comment 
regarding changes in the provision of common carrier and private 
carrier paging services through the use of a single transmitter. The 
purpose of the proposed rule is to promote economic efficiencies for 
carriers in providing paging services.

Legal Basis

    The proposed action is authorized under Section 4(i) and 303(r) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(j), 303(r).

Reporting, Recordkeeping and Other Compliance Requirements

    None.

Federal Rules Which Duplicate or Conflict With These Rules

    None.

Description, Potential Impact, and Number of Small Entities Involved

    A rule change in this proceeding would benefit providers of common 
carrier and private carrier paging services by reducing costs. A number 
of these providers are small entities.

Any Significant Alternative Minimizing the Impact on Small Entities 
Consistent with the Stated Objectives

    We have determined no specific alternative. The Chief Counsel for 
Advocacy of the Small Business Administration will be served with a 
copy of this Notice of Proposed Rule Making and Order in accordance 
with Section 603(a) of the Regulatory Flexibility Act, 5 U.S.C. 603(a).

Synopsis of NPRM and Order

    By this NPRM and Order, the Commission proposes to delete 22.119 of 
the Rules, which prohibits the concurrent licensing and use of 
transmitters for common carrier and non-common carrier purposes. In 
this regard, the Commission notes that several factors make it 
appropriate to reevaluate the Sec. 22.119 prohibition and to propose 
deleting or modifying the rule. First, advances in technology, such as 
improved digital transmission techniques and store and forward 
technology, have resulted in dramatically increased capacity, thus 
reducing the need for a transmitter to be devoted on a full-time basis 
to common carrier uses. Second, licensees providing wider-area service 
could achieve substantial economies of scale by sharing transmitters 
when building out a regional or nationwide system without diminishing 
the licensee's current quality of service. Third, the Omnibus Budget 
Reconciliation Act of 1993 (1993 Budget Act) enacted by Congress amends 
Section 3(n) and Section 332 of the Communications Act of 1934 to 
create a comprehensive framework for all mobile services. The 
Commission has initiated several rulemakings to implement the provision 
of Section 3(n) and 332 of the Act, as amended by the 1993 Budget Act. 
Lastly, increased competition in the industry provides an assurance 
that service to existing customers will not suffer from joint use of 
transmitters when the carriers are offering distinct services on 
different frequencies. Because of these factors, the NPRM and Order 
tentatively concludes that permitting a single transmitter to operate 
on both common carrier and private channels will cause no disruption or 
impairment of service to existing part 22 subscribers. Nevertheless, 
the NPRM and Order seeks comment on whether the proposed rules should 
be limited to circumstances where the joint use will facilitate the 
provision of national and or regional service as an overly to local 
paging service or where the part 22 licensee is utilizing batched 
paging.

Ordering Clauses

    Accordingly, it is ordered that pursuant to Sections 4(i) and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(j), 
303(r), this Notice of Proposed Rule Making is issued.

List of Subjects in 47 CFR Part 22

    Communications common carriers, Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Adoption of Rule Change

    Title 47 of the Code of Federal Regulations, part 22, is proposed 
to be amended as follows:

PART 22--PUBLIC MOBILE SERVICE

    1. The authority citation for part 22 continues to read as follows:

    Authority: Sections 4 and 303 of the Communications Act of 1934, 
as amended, 47 U.S.C. 154 and 303.


Sec. 22.119  [Removed and Reserved]

    2. Section 22.119 is removed and reserved.

[FR Doc. 94-14646 Filed 6-15-94; 8:45 am]
BILLING CODE 6712-01-M