[Federal Register Volume 59, Number 199 (Monday, October 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25542]


[[Page Unknown]]

[Federal Register: October 17, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

46 CFR Chapter I

[PR Docket No. 94-107; DA 94-1085]

 

Commercial Mobile Radio Services; Louisiana State Petition to 
Retain Existing Jurisdiction Over Commercial Mobile Radio Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; extension of time.

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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 these 
intrastate rates. This Order extends the deadlines for reply comments 
in this proceeding in response to a request filed by the Louisiana 
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 14, 1994.

ADDRESSES: FCC, 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:

Order

    Adopted: October 4, 1994.
    Released: October 4, 1994.

    By the Chief, Private Radio Bureau:
    1. The Louisiana Public Service Commission (Louisiana) has filed an 
``emergency'' motion for a 10-day extension of time from the October 4, 
1994 deadline for filing reply comments, and a motion for expedited 
consideration of that motion.\1\ For the reasons given below, we grant 
the motion.
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    \1\Morion for Expedited Consideration of Emergency Motion on 
Behalf of the Louisiana Public Service Commission for 10-Day 
Extension of Time to Reply to Comments Filed by Various Mobile 
Carriers (dated Oct. 3, 1994) (Motion to Expedite); Emergency Motion 
on Behalf of the Louisiana Public Service Commission for 10-Day 
Extension of Time to Reply to Comments Filed by Various Mobile 
Carriers (dated Oct. 3, 1994) (Emergency Motion).
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    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 with the FCC.\2\ States with existing rate regulation could 
petition by August 10, 1994 to continue regulating, and would obtain a 
stay of statutory preemption until the FCC acted. The Commission has 
one year in which to rule on the petition and to decide any 
reconsideration. Louisiana 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.
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    \2\Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
66, Title VI, Sec. 6002(b)(2), 107 Stat. 312, 392 (1993), amending 
Section 332(c)(3) of the Communications Act, 47 U.S.C. 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 FR 18493 (Apr. 19, 
1994) (to be codified at 47 CFR 20.13).
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    3. Louisiana states that an extension ``is necessary in order to 
provide the Commission with a complete and accurate record on which to 
decide the numerous complex issues in this matter.'' The State claims 
that this extension ``will not cause any undue hardship to any party 
nor will it retard the progress of this proceeding.''\4\ It adds that 
this proceeding will affect state interests in the manner in which 
mobile carriers are regulated, the development of the industry, and the 
rates paid by and services rendered to Louisiana ratepayers. It states 
that it has a constitutional charge to protect ratepayers' 
interests.\5\ In requesting expedited consideration, Louisiana states 
that it has orally notified counsel of record of the filing of its 
motions.\6\
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    \4\Emergency Motion at 1.
    \5\Emergency Motion at 3.
    \6\Motion to Expedite at 2. See also 47 CFR 1.46.
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    4. We believe that the motion has merit. The record in this 
proceeding is large, and the issues, including the state of competition 
in the cellular market in the state and the reasonableness of rates, 
intricate. We find that good cause has been shown for the requested 
extension.
    5. Pursuant to Sec. 1.46 of the Commission's Rules,\7\ we GRANT the 
Motion for Expedited Consideration of Emergency Motion on Behalf of the 
Louisiana Public Service Commission for 10-Day Extension of Time to 
Reply to Comments Filed by Various Mobile Carriers and the Emergency 
Motion on Behalf of the Louisiana Public Service Commission for 10-Day 
Extension of Time to Reply to Comments Filed by Various Mobile 
Carriers, And Hereby Extend the period for filing replies UNTIL October 
14, 1994.

    \7\47 CFR 1.46.
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Federal Communications Commission.
Ralph A. Haller,
Chief, Private Radio Bureau.
[FR Doc. 94-25542 Filed 10-14-94; 8:45 am]
BILLING CODE 6712-01-M