[Federal Register Volume 59, Number 116 (Friday, June 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14455]


[[Page Unknown]]

[Federal Register: June 17, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 22

[CC Docket No. 92-115; FCC 94-102]

 

Public Mobile Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Federal Communications Commission proposes further 
revisions to its rules governing the Public Mobile Services. The 
proposed further revisions are necessary to update these rules. The 
intent of this proposal is to eliminate unnecessary information 
collection requirements, streamline licensing procedures, reduce the 
processing and review burden on the Commission's staff, and ensure that 
licensees in the public mobile services are fully qualified to provide 
service to the public as expeditiously as possible.

DATES: Comments must be submitted on or before June 20, 1994. Reply 
comments must be submitted on or before July 5, 1994.

ADDRESSES: Address written comments to: Federal Communications 
Commission, 1919 M Street, NW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Leila Brown, 202-632-6450 or Dan 
Abeyta, 202-632-6450.

SUPPLEMENTARY INFORMATION:

Summary of the Further Notice of Proposed Rulemaking

    The following is a summary of the Commission's further notice of 
proposed rulemaking in CC Docket No. 92-115, adopted April 20, 1994 and 
released May 20, 1994. The full texts of all 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 be purchased from the 
Commission's copy contractor, International Transcription Services, 
(202) 857-3800, 2100 M Street, NW., suite 140, Washington, DC 20037.
    1. In this Further Notice, the Federal Communications Commission 
proposes further revisions to 47 CFR part 22. The rules in part 22 
govern the Public Mobile Services. These revisions are proposed in 
order to eliminate unnecessary information collection requirements, 
streamline licensing procedures, reduce the processing and review 
burden on the Commission's staff, and ensure that licensees in the 
public mobile services are fully qualified to provide service to the 
public as expeditiously as possible.
    2. On May 14, 1992, the Commission adopted a Notice of Proposed 
Rulemaking in the docket 57 FR 29260, July 1, 1992 proposing 
comprehensive revisions to part 22. Prior to adoption of a Report and 
Order in this proceeding, Congress enacted the Omnibus Budget 
Reconciliation Act of 1993 (Budget Act) which amends section 3(n) and 
section 332 of the Communications Act. The Budget Act creates a 
comprehensive regulatory framework for all mobile radio services, 
including existing part 22 common carrier mobile services, private land 
mobile services, and future services. Because of the broad statutory 
changes that affect the regulation of mobile services, action on the 
part 22 revision was deferred. The proposals adopted in the further 
notice augment those proposals adopted in the notice.
    3. We propose to require licensees notifying the Commission of 
minor modifications to their systems on FCC Form 489, which include 
Service Area Boundary (SAB) extensions into the adjacent market, to 
specify whether the 5 year fill-in period for the market has expired 
and, if so, to state that the SAB extension does not cover any unserved 
area. Current rules allow a cellular licensee to expand its SAB into an 
adjacent cellular service territory pursuant to a written agreement 
with the latter licensee. A licensee is permitted to expand its SAB 
into an adjacent cellular geographic service area (CGSA) at any time 
and may extend into an adjacent metropolitan service area or a rural 
service area provided the 5 year fill-in period has not expired. Many 
of the contracts included with FCC Forms 489 that notify the Commission 
of such minor modifications simply acknowledge a licensee's permission 
to allow a SAB extension into its market, even when the 5 year fill-in 
period has expired. In these cases, the staff must devote a significant 
amount of time to determine if the SAB extension covers any unserved 
area, because licensees may apply to serve such area only by filing a 
separate application with the Commission.
    4. We propose to revise the scale of the maps required to be filed 
by the Commission's rules from 1:250,000 to 1:500,000. We believe that 
reducing the map scale would serve the public interest by reducing both 
filing burdens on applicants as well as review burdens on the staff.
    5. We propose to modify the rules to allow cellular licensees to 
make minor changes to their facilities and to add transmitters within 
the contours of authorized stations without seeking prior approval or 
notifying the Commission of such changes. If we adopt this proposal, we 
plan to eliminate the listing of internal cell sites on our 
authorizations for existing licensees. However, we intend to maintain 
accurate, current information regarding the cell sites that constitute 
a system's CGSA boundary--i.e., the external cell sites. Therefore, we 
propose to require all cellular licenses to submit the following 
information for each of their external cell sites: (1) The geographic 
coordinates and cell site location description as required in Item 27 
on Schedule B of FCC Form 401 and (2) the operating and technical 
parameters for the cell site which is currently required in Table MOB 2 
and Table MOB 3 of FCC Form 401. This is a one time filing that would 
assist the staff in updating the Commission's database systems.
    6. We propose to modify the information that licensees must submit 
pursuant to rule Sec. 22.925 of the Commission's rules. First, 
consistent with the proposal to revise the map scale, we propose to 
revise the scale of the full-size map to a scale of 1:500,000. Second, 
we propose to require that all maps submitted pursuant to this rule 
show only the exterior cell sites and their respective service area 
boundaries that make up the CGSA. Third, we propose to require 
licensees to include an exhibit providing the coordinates for each 
exterior cell site and the information currently required in the MOB 3 
Table of FCC Form 401. Fourth, we propose to eliminate the requirement 
that licensees submit a frequency utilization plan or chart. Fifth, we 
propose to require licensees to label all System Information Update 
maps with specific language explaining which carrier is filing the map 
and for which market.
    7. We propose that for all 931 MHz paging applications, applicants 
must specify the frequency for which they seek authorization. The 
frequency requested must be available at the time the application is 
filed. Applications that are acceptable for filing will be placed on 
public notice. Mutually exclusive applications received within 30 days 
after the public notice will be considered one processing group. 
Mutually exclusive applicants for specific frequencies that are 
accepted for filing after July 26, 1993 would be subject to the 
competitive bidding process. We also propose that applicants for 931 
MHz paging frequencies with applications pending when final rules 
become effective be given 60 days from the effective date of a final 
order in this proceeding to amend their applications to specify 
frequencies for which they seek authorization. Failure to amend a 
pending application to specify a frequency will result in dismissal of 
that application. All pending amended applications and newly filed 
applications that are mutually exclusive and received within 60 days of 
the effective date of this Order will be considered together as a 
processing group this one time only. We propose that the amended 
applications be subject to the competitive bidding process. However, we 
seek comment on whether we should instead use lotteries for these 
applications.
    8. We propose to consider the following to be an initial 931 MHz 
paging application: (1) an application anywhere on a new frequency and 
(2) a proposal to locate a new facility more than two kilometers (1.6 
miles) from any existing facility operating on the same frequency. A 
931 MHz paging application would be considered a modification of an 
existing system only if: (1) It proposes a new location two kilometers 
or less from a previously authorized and fully operational base station 
licensed to the same licensee operating on the same frequency; or (2) 
the application is for a change of location within two kilometers of an 
existing station licensed to the same licensee; or (3) the application 
proposes a technical change that would not increase the service 
contour. We tentatively conclude that we will use first come, first 
served procedures to process 931 MHz paging modification licenses in 
cases in which we conclude, as a result of our examination of the issue 
in this rulemaking proceeding, that the use of competitive bidding 
procedures would not be legally permissible or otherwise appropriate. 
Under the first come, first served procedure, only manually exclusive 
modification applications received on the same day would, consistent 
with the Budget Act, be designated for comparative hearing to determine 
which modification application should be granted.
    9. We welcome comment on any and all of the proposed further 
revisions to 47 CFR part 22. We also invite suggestions for any other 
proposals or refinements to the proposals that we have made in this 
proceeding.
    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 
Commission rules. See generally 47 CFR 1.1202, 1.1203 and 1.1206(a).
    11. Pursuant to applicable procedures in 47 CFR 1.415 and 1.419, 
interested parties may file comments on or before June 20, 1994 and 
reply comments on or before July 5, 1994. All relevant and timely 
comments will be considered by the Commission before final action is 
taken in this proceeding. To file formally in this proceeding, 
participants must file an original and four copies of all comments, 
reply comments and supporting comments. If participants want each 
Commissioner to receive a personal copy of their comments, an original 
plus nine copies must be filed. Comments and reply comments should be 
sent 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 Dockets 
Reference Room (room 239) of the Federal Communications Commission, 
1919 M Street NW., Washington, DC 20554.
    12. Accordingly, it is ordered that, pursuant to section 4(i) and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) 
and 303(r), this further notice of proposed Rulemaking is issued. It is 
further ordered, That the Secretary shall cause a copy of this further 
notice to be sent to the Chief Counsel for advocacy of the Small 
Business Administration.

Paperwork Reduction Act

    The following collections of information contained in this proposed 
rule have been submitted to the Office of Management and Budget for 
review under section 3504(h) of the Paperwork Reduction Act (44 U.S.C. 
3504(h)). Copies of this submission may be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., (202) 857-3800, 2100 M Street NW., suite 140, Washington, DC 
20037. Persons wishing to comment on this collection of information 
should direct their comments to Timothy Fain, (202) 395-3561, Office of 
Management and Budget, room 3235, NEOB, Washington, DC 20503. A copy of 
any comments file with the Office of Management and Budget should also 
be sent to the following address at the Commission: Federal 
Communications Commission, Records Management Division, room 234, 
Paperwork Reduction Project, Washington, DC 20554. For further 
information contact Judy Boley, (202) 632-7513.
    Title: Revision of part 22 of the Commission's Rules Governing the 
Public Mobile Services, CC Docket No. 92-115, FNPRM.
    OMB Number: 3060-0508.
    Action: Proposed new and revised collections.
    Respondents: Businesses or other for profit, including small 
businesses.
    Frequency of Response: On occasion.
    Public Burden For the Collections Is Estimated As Follows: 

------------------------------------------------------------------------
                                                    Estimated           
                                                     average   Estimated
               Proposed requirements                hours per    annual 
                                                     response    burden 
------------------------------------------------------------------------
Service Area Boundary.............................  .........       3200
  Extensions......................................         2        1700
Cell Sites Report.................................         1        1700
System Information Update.........................         1        4000
931 MHz Applications..............................         1   .........
                                                   ---------------------
      Total Annual Hours..........................  .........     10,600
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    Needs and Uses: The further notice of proposed rulemaking solicits 
public comment to revise part 22 of FCC's rules governing the Public 
Mobile Services. The revisions are proposed in order to make the rules 
easier to understand, eliminate outdated rules and unnecessary 
information collection requirements, streamline licensing procedures, 
and allow licensees greater flexibility in providing service to the 
public. Generally, the collected information is used to determine the 
legal and technical qualifications of the respondents.

Regulatory Flexibility

    Pursuant to the Regulatory Flexibility Act of 1980, the 
Commission's initial regulatory flexibility analysis follows:

Reason for Action and Objective

    The Commission is proposing to revise title 47, part 22 of the Code 
of Federal Regulations to eliminate unnecessary information collection 
requirements and, whenever possible, provide greater flexibility to 
carriers while at the same time promoting the public interest. The 
objective of this proposal is to provide effective and adaptive 
regulation for communications.

Legal Basis

    Authority for this further notice is contained in sections 4(i) 
and 303(r) of the Communications Act of 1934, 47 U.S.C. 154(i) and 
303(r).

Reporting, Recordkeeping and Other Compliance Requirements

    The proposed rules would not significantly change the existing 
reporting, recordkeeping and other compliance requirements. In the case 
of required map filings, for example, the proposal merely changes the 
scale of the map filed. Several new requirements are proposed. For 
example, one of the proposed new rules would require that cellular 
licensees submit information for each of their external cell sites. 
Another proposed rule would require that applicants for 931 MHz paging 
service request specific frequencies in their applications.

Federal Rules That Overlap, Duplicate or Conflict With These Rules

    None.

Description, Potential Impact and Number of Small Entities Affected

    There are approximately 8,600 licensees subject to the rules in 
part 22. A substantial portion of these are small entities. There are 
also a number of small entities whose business is consulting or 
providing other services in connection with part 22. The proposed 
further notice would not significantly impact these small entities.

Significant Alternatives Minimizing Impact on Small Entities and 
Consistent With States Objectives

    The proposals contained in this Further Notice are meant to 
simplify and ease the regulatory burden on all Public Mobile Services 
applicants and licensees consistent with the Commission's established 
public interest objectives.
    The Chief Counsel for Advocacy of the Small Business Administration 
will be served with a copy of this Further Notice of Proposed Rule 
Making in accordance with section 603(a) of the Regulatory Flexibility 
Act, 5 U.S.C. 603(a).

List of Subjects in 47 CFR Part 22

    Public mobile services, Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-14455 Filed 6-16-94; 8:45 am]
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