[Federal Register Volume 59, Number 194 (Friday, October 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24830]


[[Page Unknown]]

[Federal Register: October 7, 1994]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION
[PR Docket No. 94-108; DA 94-1055]

 

Commercial Mobile Radio Services; New York State Petition for 
Authority to Regulate Commercial Mobile Radio Service Rates

AGENCY: Federal Communications Commission.

ACTION: Notice; extension of time.

-----------------------------------------------------------------------

SUMMARY: The amendments to the Communications Act in the Omnibus Budget 
Reconciliation Act of 1993 preempted state rate and entry regulation of 
commercial mobile radio services. States were given the opportunity to 
file petitions for the authority to continue regulating intrastate 
rates. This Order extends the deadlines for reply comments in this 
proceeding in partial response to a request filed by the New York 
Public Service Commission. This extension will provide interested 
parties enough time to complete their review and submit meaningful 
replies on the issues we raised in this proceeding.

DATES: Reply comments must be filed on or before October 19, 1994.

ADDRESSES: Send reply comments to the Federal Communications 
Commission, 1919 M Street, NW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:
Regina Harrison, Private Radio Bureau, Land Mobile and Microwave 
Division, (202) 632-7125.

SUPPLEMENTARY INFORMATION: 

In the Matter of Petition for New York State Public Service Commission 
to Extend Rate Regulation; Order

    Adopted: September 26, 1994; Released: September 26, 1994.
    By the Chief, Private Radio Bureau:
    1. Petitioner New York Public Service Commission (New York) has 
filed a motion for a 30-day extension of time from the October 4, 
1994 deadline for filing reply comments.\1\ For the reasons given 
below, we grant New York some, but not all, of the relief requested.
---------------------------------------------------------------------------

    \1\Motion for Extension of Time in Which To File Comments of New 
York State Public Service Commission (dated Sept. 23, 1994) 
(Motion).
---------------------------------------------------------------------------

    2. The amendments to the Communications Act in the Omnibus 
Budget Reconciliation Act of 1993 preempted state rate and entry 
regulation of commercial mobile radio services. A state could, 
however, obtain intrastate rate regulatory authority by filing a 
properly supported petition for the FCC.\2\ States with existing 
rate regulation could petition by August 10, 1994 to continue 
regulating, and would obtain a stay statutory preemption until the 
FCC acted. The Commission has one year in which to rule on the 
petition and to decide any reconsideration. New York filed such a 
petition on August 9, 1994. Pursuant to the Commission's rules,\3\ 
interested parties had 30 days in which to comment and then 15 days 
for replies.
---------------------------------------------------------------------------

    \2\Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, 
Title VI, 6002(b)(2), 107 State. 312, 392 (1993), amending Section 
332(c)(3) of the Communications Act, 47 U.S.C. Sec. 332(c)(3).
    \3\Second Report and Order, Implementation of Sections 3(n) and 
332 of the Communications Act, Regulatory Treatment of Mobile 
Services, 9 FCC Rcd 1411, 1522-23 (1994), 59 Fed. Reg. 18493 (Apr. 
19, 1994) (to be codified at 47 CFR 20.13).
---------------------------------------------------------------------------

    3. New York states that it needs the requested extension in 
order to have as much time to respond to the opposition as other 
parties were given to respond to its petition. It states that it 
needs the additional time in order to read and respond to the 
voluminous and complex comments filed. It observes that very few of 
the parties served New York with their pleadings and that it did not 
receive a full set until September 22. It states that an extension 
will not undermine the Commission's ability to complete the 
proceeding on a timely basis. New York claims that the complexity of 
the issues and the fundamental state interests at stake demonstrate 
that good cause exists for an extension.\4\
---------------------------------------------------------------------------

    \4\Motion at 1-2.
---------------------------------------------------------------------------

    4. We agree with New York that some measure of relief is 
required. The record in this proceeding is large, and the issues, 
including the state of competition and reasonableness of cellular 
rates in the state, are intricate. For these reasons, we conclude 
that an extension of time would serve the public interest. On the 
other hand, the Commission is faced with stringent statutory 
deadlines in a large, complex proceeding. Granting an extension as 
long as New York requests could impair the Commission's ability to 
comply with the statutory deadlines. For these reasons, we find that 
good cause has been shown for an extension of 15 days. This doubles 
the reply period permitted to a total of 30 days.
    5. Pursuant to Section 1.46 of the Commission's Rules,\5\ we 
GRANT IN PART AND DENY IN PART the Motion of the New York Public 
Service Commission for Extension of Time in Which to File Comments 
TO THE EXTENT INDICATED HEREIN, AND HEREBY EXTEND the period for 
filing replies UNTIL October 19, 1994.
---------------------------------------------------------------------------

    \5\47 CFR 1.46.
---------------------------------------------------------------------------

Ralph A. Haller,
Chief, Private Radio Bureau.
[FR Doc. 94-24830 Filed 10-6-94; 8:45 am]
BILLING CODE 6712-01-M