[Federal Register Volume 59, Number 201 (Wednesday, October 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25865]


[[Page Unknown]]

[Federal Register: October 19, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

[PR Docket No. 94-105; DA 94-1115]

 

Commercial Mobile Radio Services; California State Petition To 
Retain Regulatory Authority Over Intrastate Cellular Service Rates

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; order waiving certain pleading rules and denying 
deferral of filing dates, and dismissing a request for issuance of 
public notice.

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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. Under Commission rules, this proceeding contemplates 
only the filing of comments and replies on the state's petition. This 
Order waives the prohibition on additional pleadings found in 
Sec. 20.13(a)(5) of the Commission's Rules and permits additional 
pleadings to be filed, pursuant to the terms of Sec. 1.45 of the 
Commission's Rules. The Order also denies a motion filed by Cellular 
Resellers Association, Inc., Cellular Service, Inc. and ComTech Mobile 
Telephone Company to defer filing dates for the filing of replies for 
reasons of efficient administration and docket management. This Order 
also dismisses as moot a Request for Issuance of a public notice filed 
by National Cellular Resellers Association.

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

SUPPLEMENTARY INFORMATION: 

Order Waiving Certain Pleading Rules and Denying Deferral of Filing 
Dates

    In the Matter of: Petition of People of the State of California 
and the Public Utilities Commission of the State of California to 
Retain Regulatory Authority Over Intrastate Cellular Service Rates.

Adopted: October 7, 1994;
Released: October 7, 1994

    By the Chief, Private Radio Bureau:
    1. The Commission's rule governing the filing of pleadings in this 
proceeding contemplates only the filing of comments and replies on the 
state's petition to retain authority over intrastate cellular rates. It 
thus excludes Section 1.45,\1\ which governs the general filing periods 
for motions, from the procedural rules which may apply.\2\ This 
proceeding, however, raises confidentiality issues that have generated 
the filing of several motions and requests.\3\
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    \1\47 CFR 1.45.
    \2\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 (1994), 59 Fed. Reg. 18493 (Apr. 19, 
1994) (to be codified at 47 CFR 20.13 (a)(5)).
    \3\See, e.g., Motion of the Cellular Carriers Association of 
California to Reject Petition or, Alternatively, Reject Redacted 
Information (Sept. 19, 1994); Request for Access to California 
Petition for State Regulatory Authority Pursuant to the Terms of a 
Protective Order, filed by the National Cellular Resellers 
Association (Sept. 19, 1994); Emergency Motion to Compel Production 
to the California Public Utilities Commission of Information 
Contained in Oppositions to California's Petition to Retain State 
Regulatory Authority over Intrastate Cellular Service Rates (dated 
Sept. 29, 1994).
    We have also received PR Docket No. 94-105 Notice of Ex Parte 
Contact and Request for Issuance of a Public Notice (Sept. 23, 
1994), filed by the National Cellular Resellers Association (NCRA), 
asking that the Commission issue a Public Notice permitting any 
interested party to participate by telephone or in person in a 
September 30, 1994 meeting on confidentiality issues. All parties to 
the proceeding were given actual notice of the meeting and permitted 
to participate either in person or by telephone. Moreover, on 
September 30, 1994, the Commission issued a Public Notice of Comment 
Sought on Draft Protective Order, DA 94-1083, announcing that all 
interested parties could comment by October 7, 1994 on a draft 
protective agreement that had been distributed to all parties of 
record. We believe that these actions have rendered the NCRA request 
moot and we dismiss it on that ground.
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    2. We believe that equity requires that we permit interested 
parties to file nonfrivolous pleadings on confidentiality and related 
issues. We thus waive the prohibition of Sec. 20.13 on additional 
pleadings, and permit necessary additional pleadings to be filed 
pursuant to the terms of Sec. 1.45 of the Commission's Rules.
    3. We have also received a Motion to Defer Filing Dates.\4\ Movants 
ask that we defer the filing of replies, due October 19, 1994, to 
either (1) two weeks after opposing parties file any supplemental 
comments based on the disclosure of confidential information or (2) two 
weeks after the Commission issues a decision denying access to such 
confidential information. Movants contend that if additional 
information is disclosed, this will require supplemental pleadings that 
will duplicate the October 19 replies and ``needlessly expand the 
number of pleadings (and the time involved) for consideration by the 
Commission.''\5\ They argue that a grant of the Motion will expedite 
review by permitting the filing of a consolidated reply. They add that 
if additional disclosure is not made, and the Commission moves quickly 
in reaching that decision, the proposed procedure will result in only 
minimal delay.\6\
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    \4\Motion to Defer Filing Dates (Motion) of Cellular Resellers 
Association, Cellular Service, Inc. and Com Tech Mobile Telephone 
Co. (Oct. 4, 1994) (collectively Movants).
    \5\Motion at 3.
    \6\Motion at 3-4.
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    4. We deny the Motion. As we explained in a recent order granting 
the parties a 15-day extension to file replies, the Commission must 
meet a one-year statutory deadline for ruling on the state's petition 
and deciding any reconsideration. We stressed that, ``The Commission is 
faced with stringent statutory deadlines in a complex and massive 
proceeding.''\7\ Although we agree with Movants that disclosure of 
additional information may require that we permit the parties to 
supplement their comments, we cannot now predict whether such 
additional disclosure will be necessary. We believe that efficient 
administration and docket management requires adherence to the October 
19, 1994 deadline for filing replies in this proceeding. For the 
foregoing reasons, we do not believe that good cause has been shown for 
the requested deferral.
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    \7\Order Extending Time and Permitting Replies to Revised 
Petition, DA 94-1054 (Sept. 26, 1994) at 1-2.
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    5. Pursuant to Sec. 0.331 of the Commission's Rules,\8\ the 
provisions of Sec. 20.13(a)(5) are waived to the extent indicated 
herein, the Motion to Defer Filing Dates filed by Cellular Resellers 
Association, Inc., Cellular Service, Inc., and ComTech Mobile Telephone 
Company is denied, and PR Docket No. 94-105 Notice of Ex Parte Contact 
and Request for Issuance of a Public Notice is dismissed as moot to the 
extent indicated herein.
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    \8\47 CFR 0.331.
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Gerald P. Vaughan,
Deputy Chief, Private Radio Bureau.
[FR Doc. 94-25865 Filed 10-18-94; 8:45 am]
BILLING CODE 6712-01-M