[Federal Register Volume 59, Number 223 (Monday, November 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28199]


[[Page Unknown]]

[Federal Register: November 21, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 20, 22, 24, and 90

[GN Docket No. 93-252, PR Docket Numbers 93-144 and 89-553; FCC 94-212]

 

Implementation of Sections 3(n) and 332 of the Communications 
Act--Regulatory Treatment of Mobile Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this rulemaking proceeding, the Commission completes the 
initial implementation of sections 3(n) and 332 of the Communications 
Act of 1934 (``Communications Act'' or ``Act''), as amended by section 
6002(b) of the Omnibus Budget Reconciliation Act of 1993 (Budget Act). 
As required by Congress, the Commission adopts changes to our 
technical, operational, and licensing rules for common carrier and 
private mobile radio services that are necessary to implement the 
statute and to establish regulatory symmetry among similar mobile 
services. The establishment of this regulatory framework also sets the 
stage for the future evolution of mobile services. In this respect, 
these rules changes mark an important step in the Commission's 
continuing effort to enhance competition among mobile services 
providers, promote the development of new and technologically 
innovative service offerings, and ensure that consumer demand, not 
regulatory decree, dictates the course of the mobile services 
marketplace.

EFFECTIVE DATE: January 2, 1995.

FOR FURTHER INFORMATION CONTACT: Nancy Boocker (202) 418-1300 or David 
Furth (202) 634-2443.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Report and Order in GN Docket No. 93-252, adopted August 9, 1994 and 
released September 23, 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

    Public reporting burden for the collections of information is 
estimated as follows:

------------------------------------------------------------------------
                                                    Estimated           
                                                     average   Estimated
                   Section/forms                    hours per    annual 
                                                     response  responses
------------------------------------------------------------------------
20.6(e)...........................................        .67         30
22.313............................................       1           100
22.313(c)(1)\1\...................................        .5         500
90.119............................................       1           100
90.145............................................       1           100
90.153............................................       1           100
90.161............................................       2            20
90.162............................................       2            20
90.163............................................      10            10
90.166............................................       1            10
90.167............................................       1            20
90.168(a)-(e).....................................       2           100
90.168(f)\1\......................................      52           100
90.425............................................       1           100
90.449............................................       1           100
90.607............................................       2.5         144
90.631............................................       1.5          45
90.633............................................       1            15
------------------------------------------------------------------------
\1\Recordkeeping.                                                       

    Total Annual Burden: 6923.
    Frequency of Response: On occasion, annually.
    These estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
Send comments regarding the burden estimate or any other aspect of this 
collection of information, including suggestions for reducing the 
burden, to the Federal Communications Commission, Records Management 
Branch, Paperwork Reduction Project, Washington, DC 20554 and to the 
Office of Management and Budget Paperwork Reduction Project, 
Washington, DC 20503.

Final Regulatory Flexibility Analysis

    Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 
section 604, a final regulatory flexibility analysis has been prepared 
and is presented below. It is available for public viewing as part of 
the full text of the decision, which may be obtained from the 
Commission or its copy contractor.
    Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 
section 603, an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated into the Further Notice of Proposed Rule Making in GN 
Docket No. 93-252. Written comments on the proposals in the Further 
Notice, including the IRFA, were requested.

A. Need for and Purpose of Rules

    This rule making proceeding was initiated to implement Sections 
3(n) and 332 of the Communications Act of 1934, as amended. The 
policies adopted herein will carry out Congressional intent to 
establish a consistent regulatory framework for all commercial mobile 
radio service (CMRS) providers. Specifically, this Order ensures that 
CMRS providers who compete with one another will be subject to 
comparable technical, operational, and licensing rules.

B. Issues Raised by the Public in Response to the Initial Analysis

    No comments were submitted specifically in response to the Initial 
Regulatory Flexibility Analysis.

C. Significant Alternatives Considered

    The Further Notice of Proposed Rule Making in this proceeding 
offered numerous proposals. The commenters supported the major tenets 
of the proposed changes, and some commenters suggested changes to some 
of the Commission's proposals. The regulatory burdens we have retained 
for all CMRS licenses, including small entities, are necessary to carry 
out our duties under the Communications Act of 1934, as amended. For 
example, we have extended section 309 notice and comment procedures to 
all CMRS applicants. We also minimized regulatory burdens, where 
possible, for all CMRS licensees. For example, we adopt a unitary 
application form for all mobile services applicants and eliminate most 
end user eligibility requirements and restrictions on permissible uses 
of CMRS systems. In addition, our proposal to impose a cap on the 
amount of CMRS spectrum that licensees may aggregate in a given 
geographic area was discussed by many commenters. We conclude that the 
spectrum cap as proposed should not be adopted but, rather, that a more 
specific cap on aggregation of PCS, cellular and SMR spectrum should be 
adopted. A copy of the Report and Order shall be sent to the Chief 
Counsel for Advocacy of the Small Business Administration.

Synopsis of the Third Report and Order

    Last year, in the Budget Act, Congress created the CMRS regulatory 
classification and mandated that similar commercial mobile radio 
services be accorded similar regulatory treatment under the 
Commission's Rules. The broad goal of this action is to ensure that 
economic forces--not disparate regulatory burdens--shape the 
development of the CMRS marketplace.
    The Budget Act directs the Commission to take certain steps toward 
that goal not later than August 9, 1994. These steps include revising 
our rules to ensure the services reclassified as CMRS by the Budget Act 
are ``subjected to technical [and operational] requirements that are 
comparable to the technical requirements that apply to licensees that 
are providers of substantially similar common carrier services.'' The 
Commission also must adopt rules for licensing CMRS, including 
reclassified services, pursuant to the radio common carrier licensing 
provisions of the Act. Finally, the Budget Act mandates that the 
Commission take appropriate steps to ensure an orderly transition to 
the new CMRS regulatory structure.
    On April 20, 1994, the Commission adopted a Further Notice of 
Proposed Rule Making (Further Notice) 59 FR 28042 (May 31, 1994) to 
address pending issues relating to the implementation of the statute. 
In particular, the Commission sought to address the impact of the 
amended statute on our technical, operational, and licensing rules for 
all mobile services, and particularly on the rules affecting those Part 
90 services that were reclassified as CMRS by the CMRS Second Report 
and Order, 59 FR 18493 (April 19, 1994). As required by section 
6002(d)(3) of the Budget Act, the Commission proposed to amend these 
rules to the extent necessary to ensure that competing mobile services 
would be subject to comparable regulatory requirements, and that 
inconsistencies in our regulation of substantially similar services 
would be eliminated to the extent practical. The Further Notice 
indicated that the Commission would act on its proposals not later than 
the August 9, 1994, deadline established by Congress for adoption of 
rules implementing the statute. On May 19, 1994, the Commission revised 
the Further Notice on its own motion to seek comment on the additional 
issue of whether the amount of spectrum that CMRS licensees may 
aggregate in a given geographic area should be limited. The Commission 
received 61 comments and 70 reply comments in response to the Further 
Notice.
    In this Order the Commission takes four steps to implement both the 
broad goal of the Budget Act and the more narrowly focused requirements 
generated by its August 9, 1994, transition deadline. First, the Order 
determines which reclassified services are ``substantially similar'' to 
existing common carrier services in order to implement the Budget Act 
requirement that such services be subject to ``comparable'' regulation. 
Second, the Order revises part 90 and part 22 technical and operational 
rules governing those services to ensure that the rules are, indeed, 
``comparable.''
    Third, to effectuate the broad congressional goal of ensuring that 
competition shapes the development of the CMRS market, the Order adopts 
rules that cap at 45 MHz the total amount of combined broadband 
personal communications services (PCS), cellular, and Specialized 
Mobile Radio (SMR) spectrum in which an entity may have an attributable 
interest in any geographic area.
    Fourth, to carry out Budget Act requirements concerning the 
licensing of CMRS services, the Order adopts uniform rules for 
licensing CMRS services, including reclassified services. The 
Commission is also modifying its licensing rules for part 22 CMRS and 
part 90 commercial services, where appropriate, to adopt filing windows 
for the filing of competing initial applications and conclude that 
competitive bidding procedures should be used to select from among 
mutually exclusive applications. Moreover, as the Further Notice 
tentatively concluded the Commission is taking the additional step of 
adopting a single, uniform application form for use by all CMRS and 
PMRS applicants in all terrestrial mobile services.
    Summarized in the following section are the principal decisions the 
Commission is adopting in connection with each of the four actions 
taken in this Order. Before doing so, it is important to note that 
while all the rules adopted in this Order become effective on January 
2, 1995, some of those rules do not apply immediately to the 
reclassified CMRS entities that will continue to be treated as private 
carriers under the grandfathering provisions of the Budget Act. 
Specifically, until the grandfathered period ends on August 9, 1996, 
with regard to existing licensees, such entities will not be subject to 
technical, operational, or licensing rule changes made in this Order 
that apply exclusively to CMRS. Instead, they will be subject to 
regulation as private carriers under part 90 of our rules. 
Grandfathered carriers should note, however, that they are governed by 
modifications to rules the Commission makes in this Order that are 
applicable to private carriers.

1. Substantially Similar Services

    This Order establishes the framework for implementing the mandate 
of the Budget Act that the Commission revise its rules to the extent 
necessary and practical to ensure that providers of reclassified CMRS 
services are subjected to technical and operational rules comparable to 
those that apply to providers of substantially similar common carrier 
services. To that end, the Commission's initial task was to identify 
reclassified CMRS services that are ``substantially similar'' to common 
carrier services.
    The goals of the Budget Act serve as the Commission's guidepost for 
this task: (1) To create a level regulatory playing field for CMRS; (2) 
to establish an appropriate level of regulation for the administration 
of CMRS; (3) to resolve ``substantial similarity'' issues with a view 
toward ensuring that unwarranted regulatory burdens are not imposed on 
reclassified CMRS providers; and (4) to promote the economic goals 
discussed in the CMRS Second Report and Order, including fostering 
economic growth, promoting investment in mobile telecommunications 
infrastructure, and enabling access to the national information 
superhighway.
    Based on these goals, the Order concludes that the appropriate 
analytical framework for determining whether services are substantially 
similar is to assess whether licensees in those services actually or 
potentially compete to meet the needs and demands of consumers. The 
Order concludes that all reclassified private mobile radio services 
actually compete, or have the potential to compete within a reasonable 
time period, with existing commercial mobile radio services. In other 
words, the Commission concludes that all CMRS--including one-way 
messaging and data, and two-way voice, messaging, and data--are 
competing services or have the reasonable potential to become competing 
services in the CMRS marketplace. Thus, on the basis of this 
competitive analysis, the Order finds that all reclassified private 
services are substantially similar to existing commercial services, for 
purposes of section 332 of the Communications Act.
    This broad reading of the term ``substantially similar'' furthers 
the statutory purposes of promoting uniformity in CMRS regulation and, 
thereby, minimizes the potentially distorting effects of asymmetrical 
regulation. This reasoning also comports with the Commission's analysis 
of current and likely future competition in the CMRS marketplace. 
Actual competition among certain CMRS services exists already and, more 
importantly, the potential for competition among all CMRS services 
appears likely to increase over time due to expanding consumer demand 
and technological innovation. Such conditions argue for defining the 
class of ``substantially similar'' services expansively, at least for 
the limited purpose of establishing baseline technical and operational 
rules.
    It is worth emphasizing the determinative relationship between the 
forward-looking policy goals embodied in the rule comparability 
requirement of the Budget Act and the Commission's assessment of 
competitive trends in the CMRS marketplace. Thus, this Order begins 
with the conclusion that mobile services will be treated as 
substantially similar if they compete against each other. Next, the 
Commission has chosen to take an expansive view of the present 
condition of competition among services in the CMRS marketplace, and of 
the potential for competition among these services in the future, 
because such a view maximizes the range of services that can be 
considered to be substantially similar. This in turn leads the 
Commission to conclude that, to the extent practical, technical and 
operational rules should be comparable for virtually all existing and 
reclassified CMRS services. This conclusion furthers the Commission's 
policy objective of ensuring a level regulatory playing field for CMRS. 
The Order notes, however, that an analysis performed in the context of 
a different set of policy goals, or application of the same policy 
goals to different circumstances, may result in different conclusions 
regarding the extent of competition.

2. Comparable Technical and Operational Rules

    The determination that actual and potential competition among CMRS 
services makes them ``substantially similar'' for purposes of Budget 
Act analysis carries over into the assessment of technical and 
operational rules. The Order concludes that differences between rules 
governing actually or potentially competitive services should be 
conformed if the Commission determines that the differences distort 
competition by placing unequal regulatory burdens on different classes 
of CMRS providers. Such conformity between rules will not be imposed, 
however, if the Commission determines that, although the relative 
burdens imposed by the rules may not be identical, the cost of 
conforming the rules outweighs the benefit that might be gained 
thereby. Pursuant to this analytical framework, the principal 
determinations are as follows:
a. Service Area and Channel Assignment Rules
    800 MHz SMR: The Order adopts the principle that 800 MHz SMR 
systems should be licensed on a Major Trading Area (MTA) basis to the 
extent feasible, but defers for further comment the specifics of 
licensing such systems to ensure that the interests of both existing 
licensees and potential entrants are taken into account. The Commission 
will shortly issue a further notice of proposed rule making in our 800 
MHz docket (PR Docket No. 93-144) regarding: (1) Designating 200 
contiguous SMR channels for MTA licensing based on 50-channel blocks; 
(2) continuing to license the remaining 80 SMR channels under existing 
rules; and (3) allowing incumbents to continue operating on existing 
channels. The Order declines to adopt a proposal by Nextel that certain 
800 MHz incumbents be subject to mandatory returning to new 
frequencies, but the Commission will seek further comment on this 
issue. The Order further concludes that both existing SMR licensees and 
new entrants will be eligible for MTA licenses, with licensees to be 
selected by auctionin the event of mutually exclusive applications. 
Finally, the Order concludes that in light of the fundamental changes 
to be implemented in 800 MHz licensing, the Commission is suspending 
the acceptance of all new 800 MHz SMR applications, as of August 9, 
1994.
    900 MHz SMR: The Order adopts MTA-based licensing of all 200 
channels in blocks of 10 channels. The Order concludes that eligibility 
for MTA licenses will be open to existing licensees and new entrants, 
with competitive bidding to be used in the event of mutually exclusive 
applications. Incumbent licensees who do not obtain MTA licenses will 
be entitled to continue operating under existing authorizations.
    220 MHz Commercial Service: The Order concludes that service area 
definitions and channel assignment rules applicable to licensing of 220 
MHz systems should not be changed at this time. The Commission will 
address such issues in a separate, future rule making proceeding.
    Private Carrier Paging: The Order adopts no conformance changes to 
existing part 90 and part 22 paging rules in this docket. The 
Commission will defer further action until it examines the question of 
wide-area licensing and whether further conforming of Commission rules 
is feasible.
b. Other Technical and Operational Rules
    The Order concludes that no fundamental changes should be made to 
existing rules regulating co-channel interference, adjacent channel 
interference, or antenna height and transmitter power.
    The Order concludes that all CMRS and PMRS mobiles and portables 
shall be subject to the 1992 ANSI/IEEE Radio Frequency (RF) exposure 
guidelines. The Order further concludes that this decision will be 
implemented in the proceeding in which the Commission is conducting a 
complete review of RF exposure guidelines, ET Docket No. 93-62.
    The Order concludes that new interoperability requirements will not 
be adopted for CMRS equipment at this time, but the Commission will be 
retaining the existing interoperability rule applicable with regard to 
cellular service. The Commission intends to explore the question of 
interoperability requirements for CMRS equipment in a future inquiry.
    The Order adopts a uniform 12-month construction requirement for 
all CMRS licensees, except in instances in which the rules specify a 
longer period for systems of greater size or complexity. The Order 
eliminates loading requirements for CMRS, except that incumbent 900 MHz 
SMR licensees must meet current requirements for retaining channels at 
renewal. In addition, the Order adopts rules allowing a multi-station 
CMRS system to use a single call sign for station identification 
purposes.
    The Order eliminates existing user eligibility restrictions that 
prevent SMR, private carrier paging, Business Radio, and commercial 
2209 MHz licensees from providing service to foreign governments and 
their representatives. The Commission also eliminates eligibility 
restrictions that prevent Business Radio licensees from providing 
service to individuals. The Order also eliminates the part 90 
restriction on common carrier communications for reclassified CMRS 
services. Finally, the Order applies existing Equal Employment 
Opportunity requirements to all CMRS licensees.

3. Spectrum Aggregation Limit

    This Order addresses the issue of imposing a cap on the amount of 
CMRS spectrum a licensee may aggregate in a given geographic area as a 
means of preventing potentially anticompetitive aggregation of CMRS 
spectrum. The Commission concludes that to preserve competitive 
opportunities in the CMRS marketplace, it is unnecessary to establish, 
in addition to existing CMRS spectrum aggregations limitations, the 
broad CMRS spectrum cap proposed in the Further Notice. Rather, the 
Order concludes that the Commission's goals will be achieved by capping 
at 45 MHz the total amount of PCS, cellular, and SMR spectrum in which 
an entity may have an attributable interest in any geographic area. The 
Order adopts this cap as a minimally intrusive means of ensuring that 
the mobile communications marketplace remains competitive and retains 
incentives for efficiency and innovation.
    The Order also reaches the following determinations with regard to 
implementation of the spectrum cap. First, the Order concludes that 
various encumbrances on SMR spectrum vis-a-vis cellular or broadband 
PCS should be accounted for when measuring SMR spectrum for purposes of 
the cap. Therefore, the Commission will attribute to an entity a 
maximum of 10 MHz of SMR spectrum, including both 800 and 900 MHz 
spectrum for purposes of determining compliance.
    Second, the Order adopts a 20 percent cross ownership attribution 
rules for licensees other than designated entities. Thus, when an 
entity other than a designated entity has a 20 percent or greater 
ownership interest in an SMR, cellular, or PCS license in a particular 
geographic area, the entire amount of spectrum associated with that 
license will be attributed to that entity for spectrum cap purposes. 
For designated entities, the attribution level will be a 40 percent or 
greater ownership interest.
    Third, to compute an SMR spectrum total in a given market, the 
licensee must identify all attributable 800 MHs and 900 MHz SMR base 
stations located inside the MTA or BTA. All 800 MHz and 900 MHz 
channels located on at least one of those base stations count as 50 kHz 
and 25 kHz, respectively. This total can be reduced using a 10 percent 
population overlap test similar to that used for the current cellular-
PCS spectrum cap.

4. Licensing Rules and Procedures

    Section 332 of the Act, as amended by the Budget Act, provides that 
CMRS providers are to be ``treated as common carriers for purposes of 
(the) Act.'' The Order concludes that this means, among other things, 
that all CMRS applications must comply with common carrier licensing 
procedures enumerated in Title III of the Act. Thus, the Order adopts 
rules that implement those procedures with regard to existing licensees 
and future applicants on SMR, Business Radio, 220 MHz, and Part 90 
paging frequencies who provide or propose to provide service that meets 
the CMRS definition.
    In particular, the following presents a partial list of measures 
the Commission is adopting to ensure that CMRS applications under part 
90 comply with the statutory requirements for licensing of common 
carriers under Title III of the Act, as well as to streamline and unify 
processing of all CMRS and PMRS applications.
    Application Forms and Procedures--The Order adopts a single unified 
application form (Form 600) for all CMRS and PMRS applicants in all 
terrestrial services. Form 600 will also be used to determine the 
regulatory classification of an applicant.
    Qualifying Information--All parties to a CMRS application will be 
required to comply with the alien ownership restrictions of section 
310(b) of the Act and must also disclose whether: (1) Any party has had 
a Commission license or permit revoked; (2) any party has been found by 
a court to have monopolized radio communication; or (3) any party has 
been convicted of a felony.
    Application Fees and Regulatory Fees--Currently, application fees 
can only be changed by Congress. Therefore, the existing application 
fee schedule will continue to govern fee requirements. If, however, 
Congress acts to extend to the Commission authority to modify the fee 
schedules, we will address the question of altering our regulatory fees 
at that time.
    Public Notice and Petition To Deny Procedures--The Order adopts 
rules that apply the public notice and petition to deny procedures 
currently contained in part 22 to all CMRS applicants. In addition to 
applications for initial licenses, these procedures will extend to 
applications for major modifications and for assignments and transfers 
of part 90 CMRS licenses.
    Mutually Exclusive Applications and Competitive Bidding--The Order 
Adopts rule changes that will generally result in using 30-day notice 
and cut-off procedures and competitive bidding to select among mutually 
exclusive initial CMRS applications in part 22 services (except for 
Phase I cellular unserved area applications), 900 MHz SMR service, and 
800 MHz SMR service. For Phase I cellular applications the Order adopts 
a one-day filing window, concluding that such a window is sufficient 
because there is a date certain on which applications for unserved 
areas are permitted to be filed. The Order adopts no changes to 
application procedures for 929-930 MHz paging in Part 90, but notes 
that some procedural changes are likely to be considered in the future.
    Amendment of Applications and License Modification--The Order 
adopts rule changes that conform part 22 and part 90 definitions for 
initial applications and major and minor amendments and modifications, 
to the extent practicable. Modification applications will be accepted 
for filing on a first-come, first-served basis.
    Conditional and Special Temporary Authority--The Order concludes 
that the waiting period for pre-grant construction for part 22 CMRS 
should be reduced from 90 to 35 days, and we establish a 35-day waiting 
period for all CMRS. The Order also determines that section 309(f) of 
the Act prohibits pre-grant operation under special temporary authority 
(STA) except in those cases in which the applicant establishes that 
there are ``extraordinary circumstances'' where a delay in operations 
would seriously prejudice the public interest.

Ordering Clauses

    Accordingly, it is ordered that the rule changes made, as specified 
below, will become effective January 2, 1995, pursuant to sections 
4(i), 4(j), 7(a), 302, 303(c), 303(f), 303(g), 303(r), 332(c), and 
332(d) of the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 
154(j), 157(a), 302, 303(c), 303(f), 303(g), 303(r), 332(c), and 
332(d).
    It is further ordered that the acceptance of 800 MHz applications 
on the 280 SMR category channels is suspended, effective August 9, 
1994, except that applications for transfer or assignment of existing 
SMR facilities will continue to be accepted.
    It is further ordered that authority is delegated to the Chief, 
Common Carrier Bureau, as specified herein, to develop a new form or 
modify existing forms for licenses or applicants to certify and/or 
provide information showing that they are in compliance with the 
spectrum aggregation limit adopted in this Order.
    It is further ordered that the Secretary shall send a copy of this 
Report and Order to the Chief Counsel for Advocacy of the Small 
Business Administration.
    It is further ordered that the motion to accept late-filed comments 
filed by E.F. Johnson Company is granted.
    It is further ordered that the Request for Declaratory Ruling and 
Request for Rule Waiver filed by SunCom Mobile & Data is denied.
    It is further ordered that the Petition for Rule Making filed by 
the American Mobile Telecommunications Association, RM-8387, is 
dismissed as moot.
    It is further ordered that the Emergency Petition to Dismiss 
Comments and Reply Comments of the American Mobile Telecommunications 
Association, filed by Range Corporation d/b/a Range Telecommunications, 
is denied.

List of Subjects

47 CFR Part 1

    Administrative practice and procedure.

47 CFR Part 20

    Commercial mobile radio services.

47 CFR Part 22

    Public mobile services, Radio.

47 CFR Part 24

    Personal communications services.

47 CFR Part 90

    Private land mobile services, Radio.

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

Rule Amendments

    47 CFR parts 1, 20, 22, 24, and 90 are amended as follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. 154, 303, 503(b)(5); 5 U.S.C. 552; 31 
U.S.C. 853a, unless otherwise noted.


Sec. 1.823  [Amended]

    2. Section 1.823 is amended by removing and reserving paragraph 
(b)(2).
    3. Section 1.901 is revised to read as follows:


Sec. 1.901  Scope.

    In the case of any conflict between the rules set forth in this 
subpart and the rules set forth in part 13 of this chapter or the rules 
set forth for specific services in parts 80 through 97 of this chapter 
(other than rules relating to Commercial Mobile Radio Services 
contained in part 90 of this chapter), the rules in this subpart shall 
govern. In the case of any conflict between the rules set forth in this 
subpart and the rules relating to Commercial Mobile Radio Services set 
forth in part 20 of this chapter or in part 90 of this chapter, the 
rules in part 20 or part 90 of this chapter shall govern.

    4. Section 1.922 is revised to read as follows:


Sec. 1.922  Forms to be used.

------------------------------------------------------------------------
 FCC form                               Title                           
------------------------------------------------------------------------
175         Application To Participate in an FCC Auction.               
175-S       Supplemental Application To Participate in an FCC Auction.  
402         Application for Microwave Station Authorization in the      
             Safety and Special Radio Services.                         
402-10      Instructions for Completion of FCC Form 402.                
402-A       Annual Report of Licensees of Microwave and Other Fixed     
             Stations When Such Facilities Are Used Cooperatively With  
             Other Persons.                                             
402-R       Renewal Notice and Certification in the Private Operational-
             Fixed Microwave Radio Services.                            
404         Application for Aircraft Radio Station License.             
404-A       Temporary Aircraft Radio Station Operating Authority.       
405-A       Application for Renewal of Station License.                 
405-B       License Expiration Notice and/or Renewal Application.       
406         Application for Ground Station Authorization in the Aviation
             Services.                                                  
410         Registration of Canadian Radio Station Licensee and         
             Application for Permit to Operate.                         
410-B       Application for Permit To Operate a Canadian General Radio  
             Station in the United States.                              
452-R       Application for Renewal of Coast and Ground Services.       
480         Application for Civil Air Patrol Radio Station              
             Authorization.                                             
490         Application for Assignment or Transfer of Control.          
503         Application for Land Radio Station License in the Maritime  
             Services.                                                  
506         Application for Ship Radio Station License.                 
506-A       Temporary Operating Authority, Ship Radio Station License   
             and Restricted Radiotelephone Operator Permit.             
525         Application for Disaster Communications Radio Station       
             Construction Permit and License.                           
572         Temporary Permit To Operate a Business Radio Station.       
572C        Conditional Temporary Authorization To Operate a part 90    
             Radio Station.                                             
574         Application for Radio Station Authorization in the General  
             Mobile Radio Services.                                     
574-R       Application for Renewal of Radio Station License.           
574-T       Temporary Permit To Operate a General Mobile Radio Service  
             System.                                                    
577         Temporary Permit To Operate a Part 90 Radio Station.        
600         Application for Mobile Radio Service Authorization.         
610         Application for Amateur Radio Station and/or Operator       
             License.                                                   
610-A       Application for Alien Amateur Radio Licensee for Permit To  
             Operate in the United States.                              
610-B       Application for Amateur Club, Military Recreation, or Radio 
             Amateur Civil Emergency Service Station License.           
660-B       Interim Amateur Permit.                                     
602         Application for Consent to Assignment of Radio Station      
             Construction Permit or License (For Stations in Services   
             Other Than Broadcast).                                     
703         Application for Consent To Transfer of Control of           
             Corporation Holding Construction Permit or Station License 
             (For Station in Services Other Than Broadcast).            
714         Supplement to Application for New or Modified Radio Station 
             Authorization (Concerning Antenna Structure Notification to
             FAA).                                                      
820         Application for Exemption from Ship Radio Station           
             Requirements.                                              
845         Amateur Code Credit Certificate.                            
1046        Assignment of Authorization.                                
------------------------------------------------------------------------

    5. Section 1.924 is amended by revising the heading in paragraph 
(b)(2)(i) and paragraph (b)(2)(vi) and by adding a new paragraph 
(b)(2)(vii) to read as follows:


Sec. 1.924  Assignment or transfer of control; voluntary or 
involuntary.

* * * * *
    (b) * * *
    (2) * * *
    (i) FCC Form 600. * * *
    (vi) FCC Form 703. For consent to transfer control of a corporation 
holding any type of part 90 license except a license to provide 
commercial mobile radio service.
    (vii) FCC Form 490. For consent to transfer control of a 
corporation holding a part 90 license to provide commercial mobile 
radio service.
* * * * *
    6. Section 1.925 is amended by revising the first sentence of 
paragraph (g) and (h) to read as follows:


Sec. 1.925  Application for special temporary authorization, temporary 
permit, or temporary operating authority.

* * * * *
    (g) An applicant for a Business Radio Station license (other than 
an applicant who seeks to provide commercial mobile radio service as 
defined in part 20 of this chapter) utilizing an already authorized 
facility may operate the station for a period of 180 days, under a 
temporary permit, evidenced by a properly executed certification made 
on FCC Form 572, after the mailing of a formal application for station 
license together with evidence of frequency coordination, if required, 
to the Commission. * * *
    (h) An applicant for a radio station license under part 90, subpart 
S, of this chapter (other than an applicant who seeks to provide 
commercial mobile radio service as defined in part 20 of this chapter) 
to utilize an already existing Specialized Mobile Radio System (SMRS) 
facility or to utilize an already licensed transmitter may operate the 
radio station for a period of up to 180 days, under a temporary permit, 
evidenced by a properly executed certification of FCC Form 572 after 
the mailing of a formal application for station license, provided that 
the antenna employed by the control station is a maximum of 20 feet 
(6.1 meters) above a man-made structure (other than an antenna tower) 
to which it is affixed.
* * * * *


Sec. 1.1105  [Amended]

    7. Section 1.1105 is amended by revising the entries in the table 
from 2. through 5.n. to read as follows:

----------------------------------------------------------------------------------------------------------------
            Action                   FCC form No.        Fee amount  Fee type code             Address          
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                                                                                
                                                  * * * * * * *                                                 
2. Domestic Public Land                                                                                         
 Mobile Stations [Paging and                                                                                    
 Radiotelephone Service, Air-                                                                                   
 ground Radiotelephone                                                                                          
 Service]:                                                                                                      
    a. Application for new or  FCC 600................       265.00  CMD            Federal Communications      
     additional facility (per                                                        Commission, Common Carrier 
     transmitter).                                                                   Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    b. Application for major   FCC 600................       265.00  CMD            Federal Communications      
     modification of an                                                              Commission, Common Carrier 
     existing facility (per                                                          Land Mobile, P.O. Box      
     transmitter).                                                                   358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    c. Notification of         FCC 489................       265.00  CMD            Federal Communications      
     additional transmitter                                                          Commission, Common Carrier 
     (per transmitter).                                                              Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    d. Major amendment of a    FCC 600................       265.00  CMD            Federal Communications      
     pending application (per                                                        Commission, Common Carrier 
     transmitter).                                                                   Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    e. Application for                                                                                          
     assignment of                                                                                              
     authorization or consent                                                                                   
     to transfer of control:                                                                                    
      (i) First call sign....  FCC 490................       265.00  CMD            Federal Communications      
                                                                                     Commission, Common Carrier 
                                                                                     Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
      (ii) Each additional     FCC 490................        45.00  CAD            Federal Communications      
       call sign.                                                                    Commission, Common Carrier 
                                                                                     Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    f. Application for         FCC 600 & FCC 490......       265.00  CMD            Federal Communications      
     partial assignment of                                                           Commission, Common Carrier 
     authorization (per call                                                         Land Mobile, P.O. Box      
     sign).                                                                          358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    g. Application for         FCC 405 & FCC 159......        45.00  CAD            Federal Communications      
     renewal (per call sign).                                                        Commission, Common Carrier 
                                                                                     Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    h. Minor modification                                                                                       
     (per transmitter):                                                                                         
      (i) Notification of      FCC 489................        45.00  CAD            Federal Communications      
       minor modification.                                                           Commission, Common Carrier 
                                                                                     Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
      (ii) Application for     FCC 600................        45.00  CAD            Federal Communications      
       minor modification.                                                           Commission, Common Carrier 
                                                                                     Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    i. Request for special     Written request & FCC         230.00  CLD            Federal Communications      
     temporary authority (per   159.                                                 Commission, Common Carrier 
     channel/per location).                                                          Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    j. Application for         FCC 600................        45.00  CAD            Federal Communications      
     extension of                                                                    Commission, Common Carrier 
     construction period (per                                                        Land Mobile, P.O. Box      
     authorization).                                                                 358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    k. Notification of         FCC 489................        45.00  CAD            Federal Communications      
     commencement of service                                                         Commission, Common Carrier 
     to subscribers (per                                                             Land Mobile, P.O. Box      
     notification).                                                                  358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    l. Application for new or  FCC 600................       230.00  CLD            Federal Communications      
     modified auxiliary test                                                         Commission, Common Carrier 
     transmitter (per                                                                Land Mobile, P.O. Box      
     transmitter).                                                                   358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    m. Application for         FCC 600................       115.00  CFD            Federal Communications      
     authority to provide                                                            Commission, Common Carrier 
     commercial mobile                                                               Land Mobile, P.O. Box      
     service using broadcast                                                         358130, Pittsburgh, PA     
     station subcarriers (per                                                        15251-5130.                
     application).                                                                                              
    n. Application for                                                                                          
     reinstatement [no longer                                                                                   
     available].                                                                                                
    o. Application to combine  FCC 600................       230.00  CLD            Federal Communications      
     separate authorizations                                                         Commission, Common Carrier 
     (per call sign).                                                                Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
      p. Application for new   FCC 600................       230.00  CLD            Federal Communications      
       or modified standby                                                           Commission, Common Carrier 
       transmitter (per                                                              Land Mobile, P.O. Box      
       transmitter/per                                                               358130, Pittsburgh, PA     
       location).                                                                    15251-5130.                
    q. 931 MHz nationwide                                                                                       
     paging renewal [see 2g].                                                                                   
      r. Application for new,  FCC 409 & FCC 159......        45.00  CAD            Federal Communications      
       modified or renewal                                                           Commission, Common Carrier 
       general aviation air-                                                         Land Mobile, P.O. Box      
       ground mobile license                                                         358130, Pittsburgh, PA     
       (per application).                                                            15251-5130.                
      s. Application for 932-  FCC 600................       265.00  CMP            Federal Communications      
       932.5/941-941.5 MHz                                                           Commission, 932/941 MHz    
       point-to-multipoint                                                           Point-to-Multipoint        
       channels (per                                                                 Channels, Common Carrier   
       transmitter).                                                                 Bureau, P.O. Box 358924,   
                                                                                     Pittsburgh, PA 15261-5924. 
3. Cellular Systems [Cellular                                                                                   
 Radiotelephone Service]:                                                                                       
    a. Initial application     FCC 600................       265.00  CMC            Federal Communications      
     for new cellular system.                                                        Commission, Cellular       
                                                                                     Systems, P.O. Box 358135,  
                                                                                     Pittsburgh, PA 15251-5135. 
    b. Application for major   FCC 600................       265.00  CMC            Federal Communications      
     modification.                                                                   Commission, Cellular       
                                                                                     Systems, P.O. Box 358135,  
                                                                                     Pittsburgh, PA 15251-5135. 
    c. Minor modifications.                                                                                     
      (i) Application for      FCC 600................        70.00  CDC            Federal Communications      
       minor modification.                                                           Commission, Cellular       
                                                                                     Systems, P.O. Box 358135,  
                                                                                     Pittsburgh, PA 15251-5135. 
      (ii) Notification of     FCC 489................        70.00  CDC            Federal Communications      
       minor modification or                                                         Commission, Cellular       
       commencement of                                                               Systems, P.O. Box 358135,  
       service to subscribers                                                        Pittsburgh, PA 15251-5135. 
       (per notification).                                                                                      
    d. Application for full    FCC 490................       265.00  CMC            Federal Communications      
     or partial assignment of                                                        Commission, Cellular       
     authorization or consent                                                        Systems, P.O. Box 358135,  
     to transfer of control.                                                         Pittsburgh, PA 15251-5135. 
    e. Application for         FCC 405 & FCC 159......        45.00  CAC            Federal Communications      
     renewal.                                                                        Commission, Cellular       
                                                                                     Systems, P.O. Box 358135,  
                                                                                     Pittsburgh, PA 15251-5135. 
    f. Application for         FCC 600................        45.00  CAC            Federal Communications      
     extension of                                                                    Commission, Cellular       
     construction period.                                                            Systems, P.O. Box 358135,  
                                                                                     Pittsburgh, PA 15251-5135. 
    g. Request for special     Written request & FCC         230.00  CLC            Federal Communications      
     temporary authority.       159.                                                 Commission, Cellular       
                                                                                     Systems, P.O. Box 358135,  
                                                                                     Pittsburgh, PA 15251-5135. 
    h. Request to combine      Written request & FCC          60.00  CBC            Federal Communications      
     cellular geographic        159.                                                 Commission, Cellular       
     service areas (per                                                              Systems, P.O. Box 358135,  
     system).                                                                        Pittsburgh, PA 15251-5135. 
4. Rural Radio [Rural                                                                                           
 Radiotelephone Service]:                                                                                       
    a. Application for new or  FCC 600................       125.00  CGR            Federal Communications      
     additional facility (per                                                        Commission, Common Carrier 
     transmitter).                                                                   Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    b. Application for major   FCC 600................       125.00  CGR            Federal Communications      
     modification of an                                                              Commission, Common Carrier 
     existing facility (per                                                          Land Mobile, P.O. Box      
     transmitter).                                                                   358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    c. Major amendment of a    FCC 600................       125.00  CGR            Federal Communications      
     pending application (per                                                        Commission, Common Carrier 
     transmitter).                                                                   Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    d. Minor modifications:                                                                                     
      (i) Notification of      FCC 489................        45.00  CAR            Federal Communications      
       minor modification                                                            Commission, Common Carrier 
       (per transmitter).                                                            Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
      (ii) Application for     FCC 600................        45.00  CAR            Federal Communications      
       minor modification                                                            Commission, Common Carrier 
       (per transmitter).                                                            Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    e. Application for                                                                                          
     assignment of                                                                                              
     authorization or consent                                                                                   
     to transfer of control:                                                                                    
      (i) First call sign....  FCC 490................       125.00  CGR            Federal Communications      
                                                                                     Commission, Common Carrier 
                                                                                     Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
      (ii) Each additional     FCC 490................        45.00  CAR            Federal Communications      
       call sign.                                                                    Commission, Common Carrier 
                                                                                     Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
      (iii) Partial            FCC 490 & FCC 600......       125.00  CGF            Federal Communications      
       assignment of                                                                 Commission, Common Carrier 
       authorization (per                                                            Land Mobile, P.O. Box      
       call sign).                                                                   358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    f. Application for         FCC 405 & FCC 159......        45.00  CAR            Federal Communications      
     renewal (per call sign).                                                        Commission, Common Carrier 
                                                                                     Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    g. Application for         FCC 600................        45.00  CAR            Federal Communications      
     extension of                                                                    Commission, Common Carrier 
     construction period (per                                                        Land Mobile, P.O. Box      
     application).                                                                   358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    h. Notification of         FCC 489................        45.00  CAR            Federal Communications      
     commencement of service                                                         Commission, Common Carrier 
     to subscribers (per                                                             Land Mobile, P.O. Box      
     notification).                                                                  358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    i. Request for special     Written request & FCC         230.00  CLR            Federal Communications      
     temporary authority (per   159.                                                 Commission, Common Carrier 
     channel/per location).                                                          Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    j. Application for                                                                                          
     reinstatement [no longer                                                                                   
     available].                                                                                                
    k. Application to combine  FCC 600................       230.00  CLR            Federal Communications      
     separate authorizations                                                         Commission, Common Carrier 
     (per call sign).                                                                Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    l. Application for new or  FCC 600................       230.00  CLR            Federal Communications      
     modified auxiliary test                                                         Commission, Common Carrier 
     transmitter (per                                                                Land Mobile, P.O. Box      
     transmitter).                                                                   358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    m. Application for new or  FCC 600................       230.00  CLR            Federal Communications      
     modified standby                                                                Commission, Common Carrier 
     transmitter (per                                                                Land Mobile, P.O. Box      
     transmitter).                                                                   358130, Pittsburgh, PA     
                                                                                     15251-5130.                
5. Offshore Radiotelephone                                                                                      
 Service:                                                                                                       
    a. Application for new or  FCC 600................       125.00  CGF            Federal Communications      
     additional facility (per                                                        Commission, Common Carrier 
     transmitter).                                                                   Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    b. Application for major   FCC 600................       125.00  CGF            Federal Communications      
     modification of an                                                              Commission, Common Carrier 
     existing facility (per                                                          Land Mobile, P.O. Box      
     transmitter).                                                                   358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    c. Fill-in transmitters                                                                                     
     [not available].                                                                                           
    d. Major amendment of a    FCC 600................       125.00  CGF            Federal Communications      
     pending application (per                                                        Commission, Common Carrier 
     transmitter).                                                                   Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    e. Minor modifications:                                                                                     
      (i) Notification of      FCC 489................        45.00  CAF            Federal Communications      
       minor modification                                                            Commission, Common Carrier 
       (per transmitter).                                                            Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
      (ii) Application for     FCC 600................        45.00  CAF            Federal Communications      
       minor modification                                                            Commission, Common Carrier 
       (per transmitter).                                                            Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    f. Application for                                                                                          
     assignment of                                                                                              
     authorization or consent                                                                                   
     to transfer of control:                                                                                    
      (i) First call sign....  FCC 490................       125.00  CGF            Federal Communications      
                                                                                     Commission, Common Carrier 
                                                                                     Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
      (ii) Each additional     FCC 490................        45.00  CAF            Federal Communications      
       call sign.                                                                    Commission, Common Carrier 
                                                                                     Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
      (iii) Partial            FCC 490 & FCC 600......       125.00  CGF            Federal Communications      
       assignment of                                                                 Commission, Common Carrier 
       authorization (per                                                            Land Mobile, P.O. Box      
       call sign).                                                                   358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    g. Application for         FCC 405 & FCC 159......        45.00  CAF            Federal Communications      
     renewal (per call sign).                                                        Commission, Common Carrier 
                                                                                     Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    h. Application for         FCC 600................        45.00  CAF            Federal Communications      
     extension of                                                                    Commission, Common Carrier 
     construction period (per                                                        Land Mobile, P.O. Box      
     application).                                                                   358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    i. Application for                                                                                          
     reinstatement [no longer                                                                                   
     available]                                                                                                 
    j. Notification of         FCC 489................        45.00  CAF            Federal Communications      
     commencement of service                                                         Commission, Common Carrier 
     to subscribers (per                                                             Land Mobile, P.O. Box      
     notification).                                                                  358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    k. Request for special     Written request & FCC         230.00  CLF            Federal Communications      
     temporary authority (per   159.                                                 Commission, Common Carrier 
     channel/per location).                                                          Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    l. Application to combine  FCC 600................       230.00  CLF            Federal Communications      
     separate authorizations                                                         Commission, Common Carrier 
     (per call sign).                                                                Land Mobile, P.O. Box      
                                                                                     358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    m. Application for new or  FCC 600................       230.00  CLF            Federal Communications      
     modified auxiliary test                                                         Commission, Common Carrier 
     transmitter (per                                                                Land Mobile, P.O. Box      
     transmitter).                                                                   358130, Pittsburgh, PA     
                                                                                     15251-5130.                
    n. Application for new or  FCC 600................       230.00  CLF            Federal Communications      
     modified standby                                                                Commission, Common Carrier 
     transmitter (per                                                                Land Mobile, P.O. Box      
     transmitter).                                                                   358130, Pittsburgh, PA     
                                                                                     15251-5130.                
                                                                                                                
                                                  * * * * * * *                                                 
----------------------------------------------------------------------------------------------------------------

PART 20--COMMERCIAL MOBILE RADIO SERVICES

    1. The authority citation for part 20 continues to read as follows:

    Authority: Secs. 4, 303, and 332, 48 Stat. 1066, 1082, as 
amended; 47 U.S.C. 154, 303, and 332, unless otherwise noted.

    2. New Sec. 20.6 is added to read as follows:


Sec. 20.6  CMRS spectrum aggregation limit.

    (a) 45 MHz limitation. No licensee in the broadband PCS, cellular, 
or SMR services (including all parties under common control) regulated 
as CMRS (see Sec. 20.9) shall have an attributable interest in a total 
of more than 45 MHz of licensed broadband PCS, cellular, and SMR 
spectrum regulated as CMRS with significant overlap in any geographic 
area.
    (b) SMR spectrum. To calculate the amount of attributable SMR 
spectrum for purposes of paragraph (a) of this section, an entity must 
count all 800 MHz channels and 900 MHz channels located at any SMR base 
station inside the geographic area (MTA or BTA) where there is 
significant overlap. All 800 MHz channels located on at least one of 
those identified base stations count as 50 kHz (25 kHz paired), and all 
900 MHz channels located on at least one of those identified base 
stations count as 25 kHz (12.5 kHz paired), except that no more than 10 
MHz of SMR spectrum in the 800 MHz SMR service will be attributed to an 
entity when determining compliance with the cap.
    (c) Significant overlap. (1) For purposes of paragraph (a) of this 
section, significant overlap of a PCS licensed service area and CGSA(s) 
(as defined in Sec. 22.911 of this chapter) or SMR service area(s) 
occurs when at least 10 percent of the population of the PCS licensed 
service area, as determined by the 1990 census figures for the counties 
contained therein, is within the CGSA(s) and/or SMR service area(s).
    (2) The Commission shall presume that an SMR service area covers 
less than 10 percent of the population of a PCS service area if none of 
the base stations of the SMR licensee is located within the PCS service 
area. For an SMR licensee's base stations that are located within a PCS 
service area, the channels licensed at those sites will be presumed to 
cover 10 percent of the population of the PCS service area, unless the 
licensee shows that its protected service contour for all of its base 
stations covers less than 10 percent of the population of the PCS 
service area.
    (d) Ownership attribution. For purposes of paragraph (a) of this 
section, ownership and other interests in broadband PCS licensees, 
cellular licensees, or SMR licensees will be attributed to their 
holders pursuant to the following criteria:
    (1) Controlling interest shall be attributable. Controlling 
interest means majority voting equity ownership, any general 
partnership interest, or any means of actual working control (including 
negative control) over the operation of the licensee, in whatever 
manner exercised.
    (2) Partnership and other ownership interests and any stock 
interest amounting to 20 percent or more of the equity, or outstanding 
stock, or outstanding voting stock of a broadband PCS, cellular, or SMR 
licensee shall be attributed, except that ownership will not be 
attributed unless the partnership and other ownership interests and any 
stock interest amount to at least 40 percent of the equity, or 
outstanding stock, or outstanding voting stock of a broadband PCS, 
cellular, or SMR licensee if the ownership interest is held by a small 
business, a rural telephone company, or a business owned by minorities 
and/or women, as these terms are defined in Sec. 1.2110 of this chapter 
or other related provisions of the Commission's rules, or if the 
ownership interest is held by an entity with a non-controlling equity 
interest in a broadband PCS licensee or applicant that is a business 
owned by minorities and/or women.
    (3) Stock interests held in trust shall be attributed to any person 
who holds or shares the power to vote such stock to any person who has 
the sole power to sell such stock, and, in the case of stock held in 
trust, to any person who has the right to revoke the trust at will or 
to replace the trustee at will. If the trustee has a familial, 
personal, or extra-trust business relationship to the grantor or the 
beneficiary, the grantor or beneficiary, as appropriate, will be 
attributed with the stock interests held in trust.
    (4) Non-voting stock shall be attributed as an interest in the 
issuing entity if in excess of the amounts set forth in paragraph 
(d)(2) of this section.
    (5) Debt and instruments such as warrants, convertible debentures, 
options, or other interests (except non-voting stock) with rights of 
conversion to voting interests shall not be attributed unless and until 
conversion is effected, except that this provision does not apply in 
determining whether an entity is a small business, a rural telephone 
company, or a business owned by minorities and/or women, as these terms 
are defined in Sec. 1.2110 of this chapter or other related provisions 
of the Commission's rules.
    (6) Limited partnership interests shall be attributed to limited 
partners and shall be calculated according to both the percentage of 
equity paid in and the percentage of distribution of profits and 
losses.
    (7) Officers and directors of a broadband PCS licensee or 
applicant, cellular licensee, or SMR licensee shall be considered to 
have an attributable interest in the entity with which they are so 
associated. The officers and directors of an entity that controls a 
broadband PCS licensee or applicant, a cellular licensee, or an SMR 
licensee shall be considered to have an attributable interest in the 
broadband PCS licensee or applicant, cellular licensee, or SMR 
licensee.
    (8) Ownership interests that are held indirectly by any party 
through one or more intervening corporations will be determined by 
successive multiplication of the ownership percentages for each link in 
the vertical ownership chain and application of the relevant 
attribution benchmark to the resulting product, except that if the 
ownership percentage for an interest in any link in the chain exceeds 
50 percent or represents actual control, it shall be treated as if it 
were a 100 percent interest.
    (e) Divestiture. Any party holding controlling or attributable 
ownership interests in SMR licensees accounting for more than 5 MHz of 
SMR spectrum may be a party to a broadband PCS application (i.e., have 
a controlling or attributable interest in a broadband PCS applicant), 
and such PCS applicant will be eligible for PCS licenses amounting to 
40 MHz of broadband PCS spectrum in a geographical area, pursuant to 
the divestiture procedures set forth in paragraphs (e)(1) through 
(e)(3) of this section.
    (1) The Broadband PCS applicant shall certify on its bidder 
application that it and all parties to the application will come into 
compliance with the limitations on spectrum aggregation set forth in 
this section.
    (2) If such an applicant is a successful bidder, it must submit 
with its long-form application a signed statement describing its 
efforts to date and future plans to come into compliance with the 
limitations on spectrum aggregation set forth in this section.
    (3) If such an applicant is otherwise qualified, its application 
will be granted subject to a condition that the licensee shall come 
into compliance with the limitations on spectrum aggregation set forth 
in this section within ninety (90) days of final grant.
    (i) Parties holding controlling interests in SMR licensees that 
conflict with the attribution threshold or geographic overlap 
limitations set forth in this section will be considered to have come 
into compliance if they have submitted to the Commission an application 
for assignment of license or transfer of control of the SMR licensee 
(see Sec. 90.158 of this chapter) by which, if granted, such parties no 
longer would have an attributable interest in the SMR license. If no 
such assignment or transfer application is tendered to the Commission 
within ninety (90) days of final grant, the Commission may consider the 
short-form certification and the long-form divestiture statement to be 
material, bad faith misrepresentations and shall invoke the condition 
on the PCS license, cancelling it automatically, shall retain all 
monies paid to the Commission, and, based on the facts presented, shall 
take any other action it may deem appropriate. Divestiture may be to an 
interim trustee if a buyer has not been secured in the required period 
of time, as long as the applicant has no interest in or control of the 
trustee, and the trustee may dispose of the license as it sees fit.
    (ii) Where parties to broadband PCS applications hold less than 
controlling (but still attributable) interests in SMR licensee(s), they 
shall submit, within ninety (90) days of final grant, a certification 
that the applicant and all parties to the application have come into 
compliance with the limitations on spectrum aggregation set forth in 
this section.

    Note 1 to Sec. 20.6: For purposes of the ownership attribution 
limit, all ownership interests in operations that serve at least 10 
percent of the population of the PCS service area should be included 
in determining the extent of a PCS applicant's cellular or SMR 
ownership.

    Note 2 to Sec. 20.6: When a party owns an attributable interest 
in more than one cellular or SMR system that overlaps a PCS service 
area, the total population in the overlap area will apply on a 
cumulative basis.

PART 22--PUBLIC MOBILE RADIO SERVICE

    1. The authority citation for Part 22 is revised to read as 
follows:

    Authority: 47 U.S.C. 154, 303, and 332, unless otherwise noted.


Sec. 22.105  [Amended.]

    2. In Sec. 22.105, Table B-1 is amended by removing the number 401 
in the ``Form Number'' column and, in its place, adding the number 600 
in the ``Form Number''.
    3. The following sections of part 22 are amended by removing the 
term ``FCC Form 401'' and adding, in its place, the term ``FCC Form 
600'':
    (a) 22.115(a)(2);
    (b) 22.137(c)(1)(ii);
    (c) 22.142(c), introductory text, and (d) introductory text;
    (d) 22.357, introductory text;
    (e) 22.411(d)(1);
    (f) 22.413(b)(1);
    (g) 22.415(b)(1);
    (h) 22.417(b)(1);
    (i) 22.507;
    (j) 22.529(a), introductory text and (b) introductory text;
    (k) 22.531(c);
    (l) 22.709(b), introductory text;
    (m) 22.803(a), introductory text, and (b) introductory text;
    (n) 22.911(b), introductory text;
    (o) 22.929(a), introductory text, and (b), introductory text;
    (p) 22.941(c);
    (q) 22.947(b), introductory text; and
    (r) 22.953(a)(2)(iii).
    4. Section 22.131 is revised to read as follows:


Sec. 22.131 Procedures for mutually exclusive applications.

    Two or more pending applications are mutually exclusive if the 
grant of one application would effectively preclude the grant of one or 
more of the others under Commission rules governing the Public Mobile 
Services involved. The Commission uses the general procedures in this 
section for processing mutually exclusive applications in the Public 
Mobile Services. Additional specific procedures are prescribed in the 
subparts of this part governing the individual Public Mobile Services 
(see Secs. 22.509, 22.717, and 22.949) and in part 1 of this chapter.
    (a) Separate applications. Any applicant that files an application 
knowing that it will be mutually exclusive with one or more 
applications should not include in the mutually exclusive application a 
request for other channels or facilities that would not, by themselves, 
render the application mutually exclusive with those other 
applications. Instead, the request for such other channels or 
facilities should be filed in a separate application.
    (b) Filing groups. Pending mutually exclusive applications are 
processed in filing groups. Mutually exclusive applications in a filing 
group are given concurrent consideration. The Commission may dismiss as 
defective (pursuant to Sec. 22.128) any mutually exclusive 
application(s) whose filing date is outside of the date range for 
inclusion in the filing group. The types of filing groups used in day-
to-day application processing are specified in paragraph (c)(3) of this 
section. A filing group is one of the following types:
    (1) Renewal filing group. A renewal filing group comprises a 
timely-filed application for renewal of an authorization and all 
timely-filed mutually exclusive competing applications (see 
Sec. 22.145).
    (2) Same-day filing group. A same-day filing group comprises all 
mutually exclusive applications whose filing date is the same day, 
which is normally the filing date of the first-filed application(s).
    (3) Thirty-day notice and cut-off filing group. A 30-day notice and 
cut-off filing group comprises mutually exclusive applications whose 
filing date is no later than thirty (30) days after the date of the 
Public Notice listing the first-filed application(s) (according to the 
filing dates) as acceptable for filing.
    (4) Window filing group. A window filing group comprises mutually 
exclusive applications whose filing date is within an announced filing 
window. An announced filing window is a period of time between and 
including two specific dates, which are the first and last dates on 
which applications (or amendments) for a particular purpose may be 
accepted for filing. In the case of a one-day window, the two dates are 
the same. The dates are made known to the public in advance.
    (c) Procedures. Generally, the Commission may grant one application 
in a filing group of mutually exclusive applications and dismiss the 
other application(s) in the filing group that are excluded by that 
grant, pursuant to Sec. 22.128.
    (1) Selection methods. In selecting the application to grant, the 
Commission may use competitive bidding, random selection, or 
comparative hearings, depending upon the type of applications involved.
    (2) Dismissal of applications. The Commission may dismiss any 
application in a filing group that is defective or otherwise subject to 
dismissal under Sec. 22.128, either before or after employing selection 
procedures.
    (3) Type of filing group used. Except as otherwise provided in this 
part, the type of filing group used in the processing of two or more 
mutually exclusive applications depends upon the purpose(s) of the 
applications.
    (i) If one of the mutually exclusive applications is a timely-filed 
application for renewal of an authorization, a renewal filing group is 
used.
    (ii) If any mutually exclusive application filed on the earliest 
filing date is an application for modification and none of the mutually 
exclusive applications is a timely-filed application for renewal, a 
same-day filing group is used.
    (iii) If all of the mutually exclusive applications filed on the 
earliest filing date are applications for initial authorization, a 30-
day notice and cut-off filing group is used, except that, for Phase I 
unserved area applications in the Cellular Radiotelephone Service, a 
one-day window filing group is used (see Sec. 22.949).
    (4) Disposition. If there is only one application in any type of 
filing group, the Commission may grant that application and dismiss 
without prejudice any mutually exclusive applications not in the filing 
group. If there is more than one mutually exclusive application in a 
filing group, the Commission disposes of these applications as follows:
    (i) Applications in a renewal filing group. All mutually exclusive 
applications in a renewal filing group are designated for comparative 
consideration in a hearing.
    (ii) Applications in a 30-day notice and cut-off filing group.
    (A) If all of the mutually exclusive applications in a 30-day 
notice and cut-off filing group are applications for initial 
authorization, and none is an application for facilities in the Rural 
Radiotelephone Service, the Commission shall administer competitive 
bidding procedures in accordance with subpart Q of part 1 of this 
chapter. After such procedures, the application of the successful 
bidder may be granted and the other applications may be dismissed 
without prejudice.
    (B) If any of the mutually exclusive applications in a 30-day 
notice and cut-off filing group is an application for modification or 
an application for facilities in the Rural Radiotelephone Service, the 
Commission may attempt to resolve the mutual exclusivity by 
facilitating a settlement between the applicants. If a settlement is 
not reached within a reasonable time, the Commission may designate all 
applications in the filing group for comparative consideration in a 
hearing. In this event, the result of the hearing disposes of all the 
applications in the filing group.
    (iii) Applications in a same-day filing group. If there are two or 
more mutually exclusive applications in a same-day filing group, the 
Commission may attempt to resolve the mutual exclusivity by 
facilitating a settlement between the applicants. If a settlement is 
not reached within a reasonable time, the Commission may designate all 
applications in the filing group for comparative consideration in a 
hearing. In this event, the result of the hearing disposes of all of 
the applications in the filing group.
    (iv) Applications in a window filing group. Applications in a 
window filing group are processed in accordance with the procedures for 
a 30-day notice and cut-off filing group in paragraph (c)(4)(ii) of 
this section.
    (d) Terminology. For the purposes of this section, terms have the 
following meanings:
    (1) The filing date of an application is the date on which that 
application was received in a condition acceptable for filing or the 
date on which the most recently filed major amendment to that 
application was received, whichever is later, excluding major 
amendments in the following circumstances:
    (i) The major amendment reflects only a change in ownership or 
control found by the Commission to be in the public interest;
    (ii) The major amendment as received is defective or otherwise 
found unacceptable for filing; or
    (iii) The application being amended has been designated for hearing 
and the Commission or the presiding officer accepts the major 
amendment.
    (2) An application for initial authorization is:
    (i) Any application requesting an authorization for a new system or 
station;
    (ii) Any application requesting authorization for an existing 
station to operate on an additional channel, unless the additional 
channel is for paired two-way radiotelephone operation, is in the same 
frequency range as the existing channel(s), and will be operationally 
integrated with the existing channel(s) such as by trunking;
    (iii) Any application requesting authorization for a new 
transmitter at a location more than 2 kilometers (1.2 miles) from any 
existing transmitters of the applicant licensee on the requested 
channel or channel block; or
    (iv) Any application to expand the CGSA of a cellular system (as 
defined in Sec. 22.911), except during the five-year build-out period.
    (3) An application for modification is any application other than 
an application for initial authorization or renewal.

    5. Section 22.301 is revised to read as follows:


Sec. 22.301  Station inspection.

    Upon reasonable request, the licensee of any station authorized in 
the Public Mobile Services must make the station and station records 
available for inspection by authorized representatives of the 
Commission at any reasonable hour.

    6. Section 22.313 is amended by revising paragraph (a)(4), adding a 
new paragraph (a)(5), and revising paragraphs (b) and (c) to read as 
follows:


Sec. 22.313  Station identification.

* * * * *
    (a) * * *
    (4) Rural subscriber stations using Basic Exchange Telephone Radio 
Systems in the Rural Radiotelephone Service; or
    (5) Nationwide network paging stations operating on 931 MHz 
channels.
    (b) For all other stations in the Public Mobile Services, station 
identification must be transmitted each hour within five minutes of the 
hour, or upon completion of the first transmission after the hour. 
Transmission of station identification may be temporarily delayed to 
avoid interrupting the continuity of any public communication in 
progress, provided that station identification is transmitted at the 
conclusion of that public communication.
    (c) Station identification must be transmitted by telephony using 
the English language or by telegraphy using the international Morse 
code, and in a form that can be received using equipment appropriate 
for the modulation type employed, and understood without the use of 
unscrambling devices, except that, alternatively, station 
identification may be transmitted digitally, provided that the licensee 
provides the Commission with information sufficient to decode the 
digital transmission to ascertain the call sign. Station identification 
comprises transmission of the call sign assigned by the Commission to 
the station, however, the following may be used in lieu of the call 
sign.
    (1) For transmission from subscriber operated transmitters, the 
telephone number or other designation assigned by the carrier, provided 
that a written record of such designations is maintained by the 
carrier;
    (2) For general aviation airborne mobile stations in the Air-Ground 
Radiotelephone Service, the official FAA registration number of the 
aircraft;
    (3) For stations in the Paging and Radiotelephone Service, a call 
sign assigned to another station within the same system.

    7. Section 22.357 is revised to read as follows:


Sec. 22.357   Emission types.

    Any authorized station in the Public Mobile Services may transmit 
any emission type provided that the resulting emission complies with 
the appropriate emission mask. See Secs. 22.359 and 22.917.

    8. A new Sec. 22.509 is added to read as follows:


Sec. 22.509   Procedures for mutually exclusive applications in the 
Paging and Radiotelephone Service.

    Mutually exclusive applications in the Paging and Radiotelephone 
Service, including those that are mutually exclusive with applications 
in the Rural Radiotelephone Service, are processed in accordance with 
Sec. 22.131 and with this section.
    (a) Applications in the Paging and Radiotelephone Service may be 
mutually exclusive with applications in the Rural Radiotelephone 
Service if they seek authorization to operate facilities on the same 
channel in the same area, or the technical proposals are otherwise in 
conflict. See Sec. 22.567.
    (b) A modification application in either service filed on the 
earliest filing date may cause all later-filed mutually exclusive 
applications of any type in either service to be ``cut off'' (excluded 
from a same-day filing group) and dismissed, pursuant to 
Sec. 22.131(c)(3)(ii) and Sec. 22.131(c)(4).
    (c) Competitive bidding will not be used as a selection procedure 
for any filing group that contains one or more applications for 
facilities in the Rural Radio Service. If a settlement between the 
applicants cannot be reached in a reasonable time, the applications may 
be designated for comparative consideration in a hearing. See 
Sec. 22.13(c)(4)(ii).


Sec. 22.541   [Removed]

    9. Section 22.541 is removed.
    10. Section 22.717 is revised to read as follows:


Sec. 22.717  Procedure for mutually exclusive applications in the Rural 
Radiotelephone Service.

    Mutually exclusive applications in the Rural Radiotelephone 
Service, including those that are mutually exclusive with applications 
in the Paging and Radiotelephone Service, are processed in accordance 
with Sec. 22.131 and with this section. (a) Applications in the Rural 
Radiotelephone Service may be mutually exclusive with applications in 
the Paging and Radiotelephone Service if they seek authorization to 
operate facilities on the same channel in the same area, or the 
technical proposals are otherwise in conflict. See Sec. 22.567.
    (b) A modification application in either service filed on the 
earliest filing date may cause all later-filed mutually exclusive 
applications of any type in either service to be ``cut off'' (excluded 
from a same-day filing group) and dismissed, pursuant to 
Sec. 22.131(c)(3)(ii) and Sec. 22.131(c)(4).
    (c) Competitive bidding will not be used as a selection procedure 
for any filing group that contains one or more applications for 
facilities in the Rural Radio Service. if a settlement between the 
applicants cannot be reached in a reasonable time, the applications may 
be designated for comparative consideration in a hearing. See 
Sec. 22.131(c)(4)(ii).
    11. Section 22.949 is amended by revising paragraph (a)(2), adding 
a NOTE following paragraph (a)(2), revising the introductory text of 
paragraph (b), and revising paragraphs (b)(2), (c), (d)(1) and (d)(3), 
to read as follows:


Sec. 22.949  Unserved area licensing process.

* * * * *
    (a) * * *
    (2) Only one Phase I initial application is granted on each channel 
block in each market. Consequently, whenever two or more acceptable 
Phase I initial applications are timely filed in the same market on the 
same channel block, such Phase I initial applications are mutually 
exclusive, regardless of any other considerations such as the technical 
proposals. In order to determine which of such mutually exclusive Phase 
I initial applications to grant, the Commission administers competitive 
bidding procedures in accordance with subpart Q of part 1 of this 
chapter. After such procedures, the application of the winning bidder 
may be granted and the applications excluded by that grant may be 
dismissed without prejudice.

    Note: Notwithstanding the provisions of Sec. 22.949(a)(2), 
mutually exclusive Phase I initial applications that were filed 
between March 10, 1993 and July 25, 1993, inclusive, are to be 
included in a random selection process, following which the selected 
application may be granted and the applications excluded by that 
grant may be dismissed without prejudice.
* * * * *
    (b) Phase II.  Phase II is an on-going filing process that allows 
eligible parties to apply for any unserved areas that may remain in a 
market after the Phase I process is complete.
* * * * *
    (2) There is no limit to the number of Phase II applications that 
may be granted on each channel block in each market. Consequently, 
Phase II applications are mutually exclusive only if the proposed CGSAs 
would overlap. Mutually exclusive applications are processed using the 
general procedures in Sec. 22.131.
* * * * *
    (c) Settlements among mutually exclusive applicants. Settlements 
among some, but not all, applicants with mutually exclusive 
applications for unserved areas (partial settlements) are prohibited. 
Settlements among all applicants with mutually exclusive applications 
(full settlements) are allowed and must be filed no later than fifteen 
(15) business days before the competitive bidding procedure is 
scheduled to take place.
    (d) * * *
    (1) The Commission will not accept amendments (of any type) to 
mutually exclusive Phase I applications prior to the conclusion of the 
competitive bidding process.
* * * * *
    (3) Minor amendments required by Sec. 1.65 of this chapter must be 
filed no later than thirty (30) days after public notice announcing the 
results of the competitive bidding process.

PART 24--PERSONAL COMMUNICATIONS SERVICES

    1. The authority citation for part 24 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302, 303, 309, and 332, unless 
otherwise noted.

    2. The following sections of part 24 are amended by removing the 
term ``FCC Form 401'' and adding, in its place, the term ``FCC Form 
600'':
    (a) 24.307;
    (b) 24.406(b);
    (c) 24.409(b);
    (d) 24.413(a), introductory text;
    (e) 24.426(a);
    (f) 24.427(b);
    (g) 24.707;
    (h) 24.806(b);
    (i) 24.809(b);
    (j) 24.813(a), introductory text;
    (k) 24.826(a); and
    (l) 24.827(b).

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    1. The authority citation for part 90 continues to read as follows:

    Authority: Sections 4, 303, and 332, 48 Stat. 1066, 1082, as 
amended; 47 U.S.C. 154, 303, and 332, unless otherwise noted.

    2. Section 90.5 is amended by redesignating paragraphs (h) through 
(k) as paragraphs (i) through (l) and adding a new paragraph (h) to 
read as follows:


Sec. 90.5   Other applicable rule parts.

* * * * *
    (h) Part 20 of this chapter contains rules relating to commercial 
mobile radio services.
* * * * *
    3. Section 90.75 is amended by revising paragraph (a), introductory 
text, and the third sentence of paragraph (c)(10) to read as follows:


Sec. 90.75  Business Radio Service.

    (a) Eligibility. Persons primarily engaged in any of the following 
activities are eligible to hold authorizations in the Business Radio 
Service to provide commercial mobile radio service as defined in part 
20 of this chapter or to operate stations for transmission of 
communications necessary to such activities of the licensee:
* * * * *
    (c) * * *
    (10) * * * Licensees may provide one-way paging communications on 
this frequency to individuals, persons eligible for licensing under 
subpart B, C, D, or E of this part, to representatives of Federal 
Government agencies, and foreign governments and their representatives.
* * * * *
    4. Section 90.115 is revised to read as follows:


Sec. 90.115  Foreign government and alien eligibility.

    (a) No station authorization in the radio services governed by this 
part shall be granted to or held by a foreign government or its 
representative.
    (b) No station authorization in the radio services governed by this 
part shall be granted to or held by an entity providing or seeking to 
provide commercial mobile radio services (except such entities meeting 
the requirements of Sec. 20.9(c) of this chapter) if such entity is:
    (1) An alien or the representative of any alien;
    (2) A corporation organized under the laws of any foreign 
government;
    (3) A corporation of which any officer or director is an alien or 
of which more than one-fifth of the capital stock is owned of record or 
voted by aliens or their representatives or by a foreign government or 
representative thereof, or by any corporation organized under the laws 
of a foreign country;
    (4) A corporation directly or indirectly controlled by any other 
corporation of which any officer or more than one-fourth of the 
directors are aliens, or of which more than one-fourth of the capital 
stock is owned of record or voted by aliens, their representatives, or 
by a foreign government or representative thereof, or by any 
corporation organized under the laws of a foreign country, if the 
Commission finds that the public interest will be served by the refusal 
or revocation of such license.
    5. Section 90.119 is revised to read as follows:


Sec. 90.119  Application forms.

    The following application forms shall be used--
    (a) Form 600 shall be used to apply:
    (1) For new base, fixed, or mobile station authorizations governed 
by this part.
    (2) For system authorizations, where the system meets the 
requirements of Sec. 90.117.
    (i) Application for a radio system may be submitted on a single 
Form 600.
    (ii) If the control station(s) will operate on the same frequency 
as the mobile station, and if the height of the control station(s) 
antenna(s) will not exceed 6.1 meters (20 feet) above ground or an 
existing man-made structure (other than an antenna structure), there is 
no limit on the number of such stations which may be authorized. 
Appropriate items on Form 600 shall be completed showing the frequency, 
the station class, the total number of control stations, the emission, 
and the output power of the highest powered control station. Applicants 
for all control stations in the 470-512 MHz band must furnish the 
information requested in the relevant items in Form 600.
    (3) For modification or for modification and renewal of an existing 
authorization. See Sec. 90.135.
    (4) For the Commission's consent to the assignment of an 
authorization to another person or entity, except for authorization to 
provide commercial mobile radio service. In addition, the application 
shall be accompanied by a letter from the assignor setting forth his or 
her desire to assign all right, title, and interest in and to such 
authorization, stating the call sign and location of the station, and 
stating that the assignor will submit his or her current station 
authorization for cancellation upon completion of the assignment. Form 
1046 may be used in lieu of this letter.
    (5) For reinstatement of an expired license. See also paragraphs 
(b)(1) and (e) of this section.
    (b) Form 405-A shall be used to:
    (1) Apply for license reinstatement or renewal if the reinstatement 
or renewal does not involve the modification of the station or system 
license.
    (2) Notify the Commission of a change in the licensee's name or 
mailing address that occurs during the license term. See 
Sec. 90.135(b).
    (3) Notify the Commission that the licensee has discontinued 
station operation and wishes to cancel the license. See Sec. 90.157.
    (c) Form 490 shall be used whenever it is proposed that a licensee 
for a commercial mobile radio service in this part change, as by 
transfer of stock ownership, the control of a corporate licensee or for 
the Commission's consent to an assignment of an authorization to 
another person or entity.
    (d) Form 572, Temporary Permit to Operate a Part 90 Radio Station, 
should be properly executed if the applicant is eligible and desires to 
operate his or her station pending the processing of his or her formal 
application. See also Secs. 90.159, and 90.657.
    (e) Form 574-R shall be used to apply for renewal of an existing 
authorization and may be used to apply for reinstatement of an expired 
license, if the renewal or reinstatement does not involve the 
modification of the station or system license. (Form 574-R is generated 
by the Commission and mailed to the licensee prior to the expiration of 
the license term.)
    6. Section 90.131 is amended by adding introductory text before 
paragraph (a) to read as follows:


Sec. 90.131  Amendment or dismissal of applications.

    This rule governs all applications relating to radio services in 
this part, including applications filed by entities meeting the 
requirements of Sec. 20.9(c) of this chapter, except applications 
concerning facilities used to provide commercial mobile radio services, 
which are governed by Sec. 90.161.
* * * * *
    7. Section 90.135 is amended by revising paragraph (c) to read as 
follows:


Sec. 90.135  Modification of license.

* * * * *
    (c) Unless specifically exempted in Sec. 90.175, requests for 
modifications listed in paragraph (a) of this section must be submitted 
on Form 600 to the applicable frequency coordinator.
* * * * *
    8. Section 90.145 is amended by revising the first sentence of 
paragraph (c) and adding paragraphs (d) and (e) to read as follows:


Sec. 90.145  Special temporary authority.

* * * * *
    (c) Requests for special temporary authority to operate as a 
private mobile radio service provider for periods exceeding 180 days 
require evidence of frequency coordination.* * *
    (d) A request for special temporary authority to operate a 
commercial mobile radio facility under this part may be granted without 
being listed in a Public Notice, or prior to thirty (30) days after 
such listing, if:
    (1) The STA is to be valid for thirty (30) days or less and the 
applicant does not plan to file an application for regular 
authorization of the subject operation;
    (2) The STA is to be valid for sixty (60) days or less, pending the 
filing of an application for regular authorization of the subject 
operation;
    (3) The STA is to allow interim operation to facilitate completion 
of authorized construction or to provide substantially the same service 
as previously authorized; or
    (4) The STA is made upon a finding that there are extraordinary 
circumstances requiring operation in the public interest and that delay 
in the institution of such service would seriously prejudice the public 
interest.
    (e) The Commission may grant STAs to operate a commercial mobile 
radio facility for a period not to exceed one hundred eighty (180) days 
under the provisions of Section 309(f) of the Communications Act of 
1934, as amended, 47 U.S.C. 309(f), if extraordinary circumstances so 
require, and pending the filing of an application for regular 
operation. The Commission may grant extensions for an additional period 
of up to one hundred eighty (180) days, but the applicant must show 
that extraordinary circumstances warrant such an extension.

    9. Section 90.149 is amended by revising paragraph (a) to read as 
follows:


Sec. 90.149  License term.

    (a) Licenses for stations authorized under this part will be issued 
for a term not to exceed five (5) years from the date of the original 
issuance, modification, or renewal, except that the license term for 
stations licensed as commercial mobile radio service on 220-222 MHz, 
929-930 MHz paging, Business Radio, and SMR frequencies shall be ten 
(10) years. Licensees shall have an additional thirty (30) days after 
the expiration of the license term to apply for reinstatement of 
expired licenses.
* * * * *
    10. Section 90.153 is amended by adding a last sentence to the 
existing paragraph, and adding paragraphs (a), (b), (c) and (d) to read 
as follows:


Sec. 90.153  Transfer or assignment of station authorization.

    * * * The assignee is responsible for ascertaining that the station 
facilities are and will remain in compliance with the terms and 
conditions of the authorization to be assigned.
    (a) Application required. The assignor or transferor of a 
commercial mobile radio license under this part must file an 
application for approval of assignment or transfer of control 
(Commission Form 490). In the case of involuntary assignment, such 
application must be filed no later than thirty (30) days after the 
event causing the assignment. The assignee or transferee must file a 
report qualifying it as a commercial mobile radio provider (Commission 
Form 430) unless a current report is already on file with the 
Commission.
    (b) Notification of completion. Assignments and transfers of 
control of commercial mobile radio licenses must be completed within 
sixty (60) days of Commission approval. The assignee or transferee must 
notify the Commission by letter of the date of completion of the 
assignment or transfer of control. If an assignment or transfer of 
control is not completed within this time, the assignor or transferor 
must so notify the Commission by letter, and the assignee or transferee 
must submit the authorization(s) to the Commission for cancellation or 
request an extension of time to complete the assignment or transfer of 
control. If the assignment or transfer of control is not completed, the 
authorization(s) remain with the assignor or transferor.
    (c) Partial assignment of authorization. If the authorization for 
some, but not all, of the facilities of a commercial mobile radio 
station is assigned to another party, voluntarily or involuntarily, 
such action is a partial assignment of authorization.
    (1) To request Commission approval of a partial assignment of 
authorization, the following must be filed in addition to the forms 
required by paragraph (a) of this section:
    (i) The assignor must notify the Commission (Commission Form 600) 
of the facilities to be deleted from its authorization upon completion 
of the assignment.
    (ii) The assignee must apply for authority (Commission Form 600) to 
operate a new station including the facilities for which authorization 
is assigned, or to modify the assignee's existing station to include 
the facilities for which authorization was assigned.
    (2) Partial assignments must be completed within sixty (60) days of 
Commission approval. If an approved partial assignment is not completed 
within this time, the assignor must notify the Commission (Commission 
Form 600), and the assignee must submit the authorization(s) to the 
Commission for cancellation or request an extension of time to complete 
the assignment. If the assignment is not completed, the 
authorization(s) remain with the assignor.
    (d) Limitations. The Commission may deny applications for 
assignment of authorization or consent to transfer of control of a 
commercial mobile radio license if:
    (1) The Commission is unable to make the public interest 
determinations required under the Communications Act with respect to 
both parties to the assignment or transfer; or
    (2) The authorization was obtained for the principal purpose of 
speculation or profitable resale, rather than provision of commercial 
mobile radio services to the public.

    11. Section 90.155 is amended by revising paragraph (a) to read as 
follows:


Sec. 90.155  Time in which station must be placed in operation.

    (a) All stations authorized under this part, except stations 
authorized in the 220-222 MHz, 929-930 MHz paging, Business Radio, and 
SMR services, and except as provided in paragraph (b) of this section 
and in Secs. 90.629 and 90.631(f), must be placed in operation within 
eight (8) months from the date of grant or the authorization cancels 
automatically and must be returned to the Commission. For stations 
authorized to 220-222 MHz, 929-930 MHz paging, Business Radio, and SMR 
licensees, see Sec. 90.167.
* * * * *
    12. Section 90.159 is amended by revising the first sentence in 
paragraphs (a), (b), and (c) to read as follows:


Sec. 90.159  Temporary and conditional permits.

    (a) An applicant for a license under this part (other than a 
commercial mobile radio license) utilizing an already licensed facility 
may operate the radio station(s) for a period of up to one hundred 
eighty (180) days under a temporary permit evidenced by a properly 
executed temporary license certificate (Form 572) after submitting or 
filing a formal application for station license in accordance with 
Sec. 90.127, provided that all the antennas employed by control 
stations are 6.1 meters (20 feet) or less above ground or 6.1 meters 
(20 feet) or less above a man-made structure other than an antenna 
tower to which it is affixed. * * *
    (b) An applicant proposing to operate a new land mobile station or 
modify an existing station below 470 MHz or in the one-way paging 929-
930 MHz band (other than a commercial mobile radio service applicant or 
licensee on these bands) that is required to submit a frequency 
recommendation pursuant to paragraphs (a) through (e) of Sec. 90.175 
may operate the proposed station during the pendency of its application 
for a period of up to one hundred eighty (180) days under a conditional 
permit upon the filing of a properly completed formal application that 
complies with Sec. 90.127 if the application is accompanied by evidence 
of frequency coordination in accordance with Secs. 90.175 and 90.176, 
and provided that the following conditions are satisfied: * * *
    (c) An applicant proposing to operate an itinerant station or an 
applicant seeking the assignment of authorization or transfer of 
control of a license for an existing station below 470 MHz or in the 
929-930 MHz band (other than a commercial mobile radio service 
applicant or licensee on these bands) may operate the proposed station 
during the pendency of the application for a period not to exceed one 
hundred eighty (180) days under a conditional permit upon the filing of 
a properly completed formal application that complies with Sec. 90.127. 
* * *
* * * * *
    13. Part 90 is amended by adding a center heading and a note after 
Sec. 90.159 to read as follows:

Special Rules Governing Facilities Used To Provide Commercial 
Mobile Radio Services

    Note: The following rules (Sec. 90.160 through Sec. 90.169) 
govern applications, licensing, and operation of radio facilities in 
the 220-222 MHz (subpart T), Business Radio (Subpart D), 929-930 MHz 
Paging (subpart P), and Specialized Mobile Radio (Subpart S) 
services that are used to provide commercial mobile radio services 
(see Secs. 20.3 and 20.9 of this chapter). Compliance with the rules 
relating to applications and licensing of facilities on paging-only 
channels in the Business Radio Service (see Sec. 90.75(c)(10)) and 
929-930 MHz paging channels (see Sec. 90.494(a),(b)) is not required 
prior to August 10, 1996. Compliance with Section 90.168 is also not 
required prior to August 10, 1996 for reclassified commercial mobile 
radio service providers who are to be regulated as private carriers 
until August 10, 1996 as provided in the Second Report and Order in 
GN Docket No. 93-252, 9 FCC Rcd 2348 (1994), paras. 280-284. The 
licensing and operation of radio facilities in the 220-222 MHz 
(Subpart T), Business Radio (Subpart D), 929-930 MHz Paging (Subpart 
P), and Specialized Mobile Radio (Subpart S) services that are used 
to provide commercial mobile radio services are also subject to 
rules elsewhere in this part that apply generally to Private Land 
Mobile Radio Services. In the case of any conflict between rules set 
forth in Secs. 90.160 through 90.169 and other rules in this part, 
Secs. 90.160 through 90.169 apply.
14-23. New Secs. 90.160 through 90.169 are added to subpart G to read 
as follows:
Sec. 90.160  Public notice.
    Periodically, the Commission will issue Public Notices listing 
major filings and other information of public significance concerning 
commercial mobile radio services licensed under this part. Categories 
of Public Notice listings are as follows:
    (a) Accepted for filing. Acceptance for filing of all applications 
and major amendments thereto.
    (b) Actions. Commission actions on pending applications previously 
listed as accepted for filing.
    (c) Informative listings. Information that the Commission, in its 
discretion, believes to be of public significance. Such listings do not 
create any rights to file oppositions or other pleadings.
Sec. 90.161  Amendment or dismissal of applications.
    (a) Amendment. Pending applications concerning facilities for 
providing commercial mobile radio services may be amended as a matter 
of right if such applications have not been designated for hearing or 
listed in a Public Notice for a random selection or competitive bidding 
process, except as provided in paragraphs (a)(1) and (a)(2) of this 
section. If a petition to deny or other formal objection has been 
filed, a copy of any amendment (or other filing) must be served on the 
petitioner. If the Commission has issued a Public Notice stating that 
the application appears to be mutually exclusive with another 
application (or applications), a copy of any amendment (or other 
filing) must be served on any such mutually exclusive applicant (or 
applicants).
    (1) Amendments to applications that resolve mutual exclusivity may 
be filed at any time, subject to the requirements of Sec. 90.162.
    (2) Amendments to applications designated for hearing may be 
allowed by the presiding officer and amendments to applications 
selected in a random selection process may be allowed by the Commission 
for good cause shown. In such instances, a written petition 
demonstrating good cause must be submitted and served upon the parties 
of record.
    (b) Dismissal. The Commission may dismiss any application for 
authorization, assignment of authorization, or consent to transfer of 
control of a commercial mobile radio facility.
    (1) Upon request by the applicant; Any applicant may request that 
its application be returned or dismissed. A request for the return of 
an application after it has been listed on Public Notice as tentatively 
accepted for filing is considered to be a request for dismissal of that 
application without prejudice.
    (i) If the applicant requests dismissal of its application with 
prejudice, the Commission will dismiss the application with prejudice.
    (ii) If the applicant requests dismissal of its application without 
prejudice, the Commission will dismiss that application without 
prejudice, unless
    (A) The application has been designated for comparative hearing;
    (B) It has been selected in a random selection process; or
    (C) It is an application for which the applicant submitted the 
winning bid in a competitive bidding process. If the applicant requests 
dismissal of its application for which it submitted the winning bid in 
a competitive bidding process, the Commission will dismiss that 
application with prejudice. If the applicant requests dismissal of its 
application after that application has been designated for comparative 
hearing or selected in a random selection process, it may submit a 
written petition requesting that the dismissal be without prejudice. 
Such petition must demonstrate good cause, comply with Sec. 90.162 of 
this part, and be served upon all parties of record. The Commission may 
grant such petition and dismiss the application without prejudice or 
deny the petition and dismiss the application with prejudice.
    (2) If the application is untimely filed; The Commission may 
dismiss without prejudice any application that is prematurely or filed 
late, including any application filed prior to the opening date or 
after the closing date of a filing window, or after the cut-off date 
for a mutually exclusive application filing group.
    (3) If the application is mutually exclusive with another 
application that is selected or granted in accordance with the rules in 
this part; The Commission may dismiss any mutually exclusive 
application:
    (i) For which the applicant did not submit the winning bid in a 
competitive bidding process;
    (ii) That is included in a random selection process but is not 
granted; or
    (iii) That receives comparative consideration in a hearing but is 
not granted by order of the presiding officer.
    (4) For failure to prosecute; The Commission may dismiss 
applications for failure of the applicant to prosecute or for failure 
of the applicant to respond substantially within a specified time 
period to official correspondence or requests for additional 
information. Such dismissal will generally be without prejudice if the 
failure to prosecute or respond occurred prior to designation of the 
application for comparative hearing or prior to selection of the 
application in a random selection process, but may be with prejudice in 
cases of non-compliance with Sec. 90.162. Dismissal will generally be 
with prejudice if the failure to prosecute or respond occurred after 
designation of the application for comparative hearing or after 
selection of the application in a random selection process. The 
Commission may dismiss applications with prejudice for failure of the 
applicant to comply with requirements related to a competitive bidding 
process.
    (5) If the requested spectrum is not available; The Commission may 
dismiss any application that requests spectrum which is unavailable 
because:
    (i) It was previously assigned to another licensee on an exclusive 
basis or cannot be assigned to the applicant without causing 
interference; or
    (ii) Reasonable efforts have been made to coordinate the proposed 
facility with foreign administrations under applicable international 
agreements, and an unfavorable response (harmful interference 
anticipated) has been received.
    (6) If the application is found to be defective. Such dismissal may 
be ``without prejudice,'' meaning that the Commission may accept from 
the applicant another application for the same purpose at any later 
time, or ``with prejudice,'' meaning that the Commission will not 
accept from the applicant another application for the same purpose for 
a period of one year following the date of the dismissal action taken 
by the Commission. Unless otherwise provided in this part, a dismissed 
application will not be returned to the applicant. The Commission may 
dismiss without prejudice applications that it finds to be defective. 
An application for authorization or assignment of authorization is 
defective if:
    (i) It is unsigned or incomplete with respect to required answers 
to questions, informational showings, or other matters of a formal 
character; or
    (ii) It requests an authorization that would not comply with the 
Commission's Rules and does not contain a request for waiver of these 
rule(s), or in the event that the Commission denies such a waiver 
request, does not contain an alternative proposal that fully complies 
with the rules.


Sec. 90.162  Agreements to dismiss applications, amendments, or 
pleadings.

    (a) Parties that have filed an application concerning facilities 
used to provide commercial mobile radio services that is mutually 
exclusive with one or more other applications, and then enter into an 
agreement to resolve the mutual exclusivity by withdrawing or 
requesting dismissal of the application or an amendment thereto, must 
obtain the approval of the Commission. Parties that have filed or 
threatened to file a petition to deny, informal objection, or other 
pleading against a pending application, and then seek to withdraw or 
request dismissal of, or refrain from filing, the petition, either 
unilaterally or in exchange for a financial consideration, must obtain 
the approval of the Commission.
    (b) The party withdrawing or requesting dismissal of its 
application, petition to deny, informal objection, or other pleading, 
or refraining from filing a pleading, must submit to the Commission a 
request for approval of the withdrawal or dismissal, a copy of any 
written agreement related to the withdrawal or dismissal, and an 
affidavit setting forth:
    (1) A certification that neither the party nor its principals has 
received or will receive any money or other consideration in excess of 
the legitimate and prudent expenses incurred in preparing and 
prosecuting the application, petition to deny, informal objection, or 
other pleading in exchange for the withdrawal or dismissal of the 
application, petition to deny, informal objection, or other pleading, 
or threat to file a pleading, except that this provision does not apply 
to dismissal or withdrawal of applications pursuant to bona fide merger 
agreements:
    (2) The exact nature and amount of any consideration received or 
promised;
    (3) An itemized accounting of the expenses for which it seeks 
reimbursement; and
    (4) The terms of any oral agreement related to the withdrawal or 
dismissal of the application, petition to deny, informal objection, or 
other pleading or threat to file a pleading.
    (c) In addition, within five (5) days of the filing date of the 
applicant's or petitioner's request for approval, each remaining party 
to any written or oral agreement must submit an affidavit setting 
forth:
    (1) A certification that neither the applicant nor its principals 
has paid or will pay money or other consideration in excess of the 
legitimate and prudent expenses of the petitioner in exchange for 
withdrawing or dismissing the application, petition to deny, informal 
objection, or other pleading; and
    (2) The terms of any oral agreement relating to the withdrawal or 
dismissal of the application, petition to deny, informal objection, or 
other pleading.
    (d) No person shall make or receive any payments in exchange for 
withdrawing a threat to file or refraining from filing a petition 
against an application. For purposes of this section, reimbursement by 
an applicant of the legitimate and prudent expenses of a potential 
petitioner or objector, incurred reasonably and directly in preparing 
to file a petition to deny, will not be considered to be payment for 
refraining from filing a petition to deny or an informal objection. 
Payments made directly to a potential petitioner or objector, or a 
person related to a potential petitioner or objector, to implement non-
financial promises are prohibited unless specifically approved by the 
Commission.
    (e) For purposes of this section:
    (1) Affidavits filed pursuant to this section must be executed by 
the filing party, if an individual, a partner having personal knowledge 
of the facts, if a partnership, or an officer having personal knowledge 
of the facts, if a corporation or association.
    (2) Applications, petitions to deny, informal objections, and other 
pleadings are deemed to be pending before the Commission from the time 
the application or petition to deny is filed with the Commission until 
such time as an order of the Commission granting, denying, or 
dismissing the application, petition to deny, informal objection, or 
other pleading is no longer subject to reconsideration by the 
Commission or to review by any court.
    (3) ``Legitimate and prudent expenses'' are those expenses 
reasonably incurred by a party in preparing to file, filing, 
prosecuting and/or settling its application, petition to deny, informal 
objection, or other pleading for which reimbursement is sought.
    (4) ``Other consideration'' consists of financial concessions, 
including, but not limited to, the transfer of assets or the provision 
of tangible pecuniary benefit, as well as non-financial concessions 
that confer any type of benefit on the recipient.


Sec. 90.163  Petitions to deny, responsive pleadings.

    Petitions to deny any major filing concerning facilities used to 
provide commercial mobile radio services may be filed by parties able 
to demonstrate standing to file such petitions. Responsive pleadings to 
such petitions may be filed in accordance with the provisions of this 
section.
    (a) Content and requirements. Petitions to deny and responsive 
pleadings must:
    (1) Clearly identify the pertinent major filing(s);
    (2) Comply with all applicable requirements of Secs. 1.41 through 
1.52 of this chapter;
    (3) Contain specific allegations of fact which, except for facts of 
which official notice may be taken, are supported by affidavit of a 
person or persons with personal knowledge thereof, and which are 
sufficient to demonstrate that the petitioner (or respondent) is a 
party in interest and that a grant or other Commission action regarding 
the major filing would be inconsistent with the public interest;
    (4) Be filed within 30 days after the date of the Public Notice 
listing the major filing; and
    (5) Contain a certificate of service showing that a copy has been 
mailed to the applicant no later than the date of filing with the 
Commission.
    (b) Expansion. Petitions to deny a major amendment to an 
application may raise only matters directly related to the major 
amendment that could not have been raised in connection with the 
application as originally filed. This paragraph does not apply to 
petitioners who gain standing because of the major amendment.
    (c) Dismissal. The Commission may, by letter, dismiss any petition 
to deny a major filing if the petition does not comply with the 
requirements of this section or Sec. 90.161. The reason(s) for the 
dismissal must be stated in the letter. When a petition to deny is 
dismissed, any related responsive pleadings also are dismissed.


Sec. 90.164  Classification of filings as major or minor.

    Applications and amendments to applications are classified as major 
or minor when such filings concern facilities used to provide 
commercial mobile radio services. Categories of major and minor filings 
are listed in section 309 of the Communications Act of 1934, as amended 
(47 U.S.C. 309). In general, a major filing is a request for a 
Commission action that has the potential to affect parties other than 
the applicant. The following are major filings:
    (a) Initial station authorization. Filings for an initial 
authorization as defined in Sec. 90.165(d)(2) are major.
    (b) Ownership or control change. Filings are major if they specify 
a substantial change in beneficial ownership or control (de jure or de 
facto), unless such change is involuntary or if the filing merely 
amends an application to reflect a change in ownership or control that 
has already been approved by the Commission.
    (c) Renewal. Applications for renewal of authorizations are major.
    (d) Environmental. Filings are major if they request authorization 
for a facility that would have a significant environmental effect, as 
defined by Secs. 1.1301 through 1.1319 of this chapter.
    (e) In the Specialized Mobile Radio Service, in addition to filings 
listed in paragraphs (a) through (d) of this section, filings are major 
if they:
    (1) Request a change in frequency;
    (2) Request an authorization that would increase the effective 
radiated power or antenna height above average terrain in any azimuth 
from an existing transmitter authorized to the filer;
    (3) Request an authorization that would relocate an existing fixed 
transmitter;
    (4) Amend a pending application to change a requested frequency;
    (5) Amend a pending application in a way that would increase the 
proposed effective radiated power or antenna height above average 
terrain in any azimuth from an existing transmitter authorized to the 
filer;
    (6) Amend a pending application to change the location of a fixed 
transmitter from that previously proposed in the application; or
    (7) Amend a pending application for which pre-filing coordination 
was required to change the technical proposal substantially from that 
which was coordinated with other users.


Sec. 90.165  Procedures for mutually exclusive applications.

    Mutually exclusive commercial mobile radio service applications are 
processed in accordance with the rules in this section, except for 
mutually exclusive applications for licenses in the 220-220 MHz service 
and the 929-930 MHz Paging service, which are processed in accordance 
with the rules in subpart P and subpart T of this part.
    Two or more pending applications are mutually exclusive if the 
grant of one application would effectively preclude the grant of one or 
more of the others under Commission rules governing the services 
involved.
    (a) Separate applications. Any applicant that files an application 
knowing that it will be mutually exclusive with one or more 
applications should not include in the mutually exclusive application a 
request for other channels or facilities that would not, by themselves, 
render the application mutually exclusive with those other 
applications. Instead, the request for such other channels or 
facilities should be filed in a separate application.
    (b) Filing groups. Pending mutually exclusive applications are 
processed in filing groups. Mutually exclusive applications in a filing 
group are given concurrent consideration. The Commission may dismiss as 
defective (pursuant to Sec. 90.162) any mutually exclusive 
applications(s) whose filing date is outside of the date range for 
inclusion in the filing group. The types of filing groups used in day-
to-day application processing are specified in paragraph (c)(3) of this 
section. A filing group is one of the following types:
    (1) Renewal filing group. A renewal filing group comprises a 
timely-filed application for renewal of an authorization and all 
timely-filed mutually exclusive competing applications.
    (2) Same-day filing group. A same-day filing group comprises all 
mutually exclusive applications whose filing date is the same day, 
which is normally the filing date of the first-filed applications(s).
    (3) Thirty-day notice and cut-off filing group. A 30-day notice and 
cut-off filing group comprises mutually exclusive applications whose 
filing date is no later than thirty (30) days after the date of the 
Public Notice listing the first-filed application(s) (according to the 
filing dates) as acceptable for filing.
    (4) Window filing group. A window filing group comprises mutually 
exclusive applications whose filing date is within an announced filing 
window. An announced filing window is a period of time between and 
including two specific dates, which are the first and last dates on 
which applications (or amendments) for a particular purpose may be 
accepted for filing. In the case of a one-day filing window, the two 
dates are the same. The dates are made known to the public in advance.
    (c) Procedures. Generally, the Commission may grant one application 
in a filing group of mutually exclusive applications and dismiss the 
other application(s) in the filing group that are excluded by the 
grant, pursuant to Sec. 90.162.
    (1) Selection methods. In selecting the application to grant, the 
Commission may use competitive bidding, random selection, or 
comparative hearings, depending on the type of applications involved.
    (2) Dismissal of applications. The Commission may dismiss any 
application in a filing group that is defective or otherwise subject to 
dismissal under Sec. 90.162, either before or after employing selection 
procedures.
    (3) Type of filing group used. Except as otherwise provided in this 
part, the type of filing group used in processing of two or more 
mutually exclusive applications depends on the purpose(s) of the 
applications.
    (i) If one of the mutually exclusive applications is a timely-filed 
application for renewal of an authorization, a renewal filing group is 
used.
    (ii) If any mutually exclusive application filed on the earliest 
filing date is an application for modification and none of the mutually 
exclusive applications is a timely-filed application for renewal, a 
same-day filing group is used.
    (iii) If all of the mutually exclusive applications filed on the 
earliest filing date are applications for initial authorization, a 30-
day notice and cut-off filing group is used.
    (4) Disposition. If there is only one application in any type of 
filing group, the Commission may grant that application and dismiss 
without prejudice any mutually exclusive applications not in the filing 
group. If there is more than one mutually exclusive application in a 
filing group, the Commission disposes of these applications as follows:
    (i) Applications in a renewal filing group. All mutually exclusive 
applications in a renewal filing group are designated for comparative 
consideration in a hearing.
    (ii) Applications in a 30-day notice and cut-off filing group.
    (A) If all of the mutually exclusive applications in a 30-day 
notice and cut-off filing group are applications for initial 
authorization, the Commission administers competitive bidding 
procedures in accordance with subpart Q of part 1 of this chapter. 
After such procedures, the application of the successful bidder may be 
granted and the other applications may be dismissed without prejudice.
    (B) If any of the mutually exclusive applications in a 30-day 
notice and cut-off filing group is an application for modification or 
an application for facilities, the Commission may attempt to resolve 
the mutual exclusivity by facilitating a settlement between the 
applicants. If a settlement is not reached within a reasonable time, 
the Commission may designate all applications in the filing group for 
comparative consideration in a hearing. In this event, the result of 
the hearing disposes all of the applications in the filing group.
    (iii) Applications in a same-day filing group. If there are two or 
more mutually exclusive applications in a same-day filing group, the 
Commission may attempt to resolve the mutual exclusivity by 
facilitating a settlement between the applicants. If a settlement is 
not reached within a reasonable time, the Commission may designate all 
applications in the filing group for comparative consideration in a 
hearing. In this event, the result of the hearing disposes all of the 
applications in the filing group.
    (iv) Applications in a window filing group. Applications in a 
window filing group are processed in accordance with the procedures for 
a 30-day notice and cut-off filing group in paragraph (c)(4)(ii) of 
this section.
    (d) Terminology. For the purposes of this section, terms have the 
following meanings:
    (1) The ``filing date'' of an application is the date on which that 
application was received in a condition acceptable for filing or the 
date on which the most recently filed major amendment to that 
application was received, whichever is later, excluding major 
amendments in the following circumstances:
    (i) The major amendment reflects only a change in ownership or 
control found by the Commission to be in the public interest;
    (ii) The major amendment as received is defective or otherwise 
found unacceptable for filing; or
    (iii) The application being amended has been designated for hearing 
and the Commission or the presiding officer accepts the major 
amendment.
    (2) An ``application for initial authorization'' is:
    (i) Any application requesting an authorization for a new system or 
station;
    (ii) Any application requesting authorization for an existing 
station to operate on an additional channel, unless the additional 
channel is for paired two-way radiotelephone operation, is in the same 
frequency range as the existing channel(s), and will be operationally 
integrated with the existing channel(s) such as by trunking; or
    (iii) any application requesting authorization for a new 
transmitter at a location more than 2 kilometers (1.2 miles) from any 
existing transmitters of the applicant licensee on the requested 
channel or channel block.
    (3) An ``application for modification'' is any application other 
than an application for initial authorization or renewal.


Sec. 90.166  Grants of applications.

    Applications for a commercial mobile radio service authorization 
under this part may be granted thirty (30) days after the issuance date 
of a Pubic Notice listing an application or the latest filed major 
amendment thereto as acceptable for filing.
    (a) Criteria for grants. The Commission grants applications without 
a hearing if, after examination of the application and consideration of 
any petitions or other pleadings and of such other matters as it may 
officially notice, the Commission finds that:
    (1) A grant will serve the public interest, convenience, and 
necessity;
    (2) There are no substantial and material questions of fact 
presented;
    (3) The applicant is eligible and qualified under applicable 
Commission regulations and policies;
    (4) The application is acceptable for filing, and complies with the 
Commission rules and other applicable requirements;
    (5) The application has not been designated for a hearing after 
being selected in a random selection process;
    (6) There are no applications entitled to comparative consideration 
with the application being granted; and
    (7) Operation of the proposed station would not cause interference 
to any authorized station(s).
    (b) Grant of petitioned applications. The Commission may grant, 
without a formal hearing, applications against which petitions to deny 
have been filed. If any petition(s) to deny are pending (i.e., have not 
been dismissed pursuant to Sec. 90.161 or withdrawn by the petitioner) 
when an application is granted, the Commission shall deny the 
petition(s) and issue a concise statement of the reason(s) for the 
denial, disposing of all substantive issues raised in the petitions.
    (c) Partial and conditional grants. The Commission may grant 
applications in part, and/or subject to conditions other than those 
normally applied to authorizations of the same type. When the 
Commission does this, it will inform the applicant of the reasons 
therefor. Such partial or conditional grants are final unless the 
Commission revises its action in response to a petition for 
reconsideration. Such petitions for reconsideration must be filed by 
the applicant within thirty days after the date of the letter or order 
stating the reasons for the partial or conditional grant, and must 
reject the partial or conditional grant and return the instrument of 
authorization.
    (d) Designation for hearing. The Commission may designate 
applications for a hearing, specifying with particularity the matters 
in issue, if, after consideration of the application, any petitions or 
other pleadings, and other matters which it may officially notice, the 
Commission is unable to make one or more of the findings listed in 
paragraph (a) of this section. The Commission may grant, deny, or take 
other action with respect to applications designated for a hearing.


Sec. 90.167  Time in which a station must commence service.

    (a) Unless otherwise specified in this part, all 220-222 MHz, 
private carrier paging, Business Radio, and SMR licensees must commence 
service within twelve (12) months from the date of grant or the 
authorization cancels automatically and must be returned to the 
Commission.
    (b) For purposes of this section, a station licensed to provide 
commercial mobile radio service is not considered to have commenced 
service unless it provides service to at least one unaffiliated party.
    (c) Application for extension of time to commence service may be 
made on Commission Form 600. Extensions of time must be filed prior to 
the expiration of the construction period. Extensions will be granted 
only if the licensee shows that the failure to commence service is due 
to causes beyond his or her control. No extensions will be granted for 
delays caused by lack of financing, lack of site availability, for the 
assignment or transfer of control of an authorization, or for failure 
to timely order equipment. If the licensee orders equipment within 90 
days of the license grant, a presumption of due diligence is created.
    (d) An application for modification of an authorization (under 
construction) at the existing location does not extend the initial 
construction period. If additional time to commence service is 
required, a request for such additional time must be submitted on 
Commission Form 600, either separately or in conjunction with the 
submission of the Commission Form 600 requesting modification.


Sec. 90.168  Equal employment opportunities.

    Commercial Mobile Radio Services licensees shall afford equal 
opportunity in employment to all qualified persons, and personnel must 
not be discriminated against in employment because of sex, race, color, 
religion, or national origin.
    (a) Equal employment opportunity program. Each licensee shall 
establish, maintain, and carry out a positive continuing program of 
specific practices designed to assure equal opportunity in every aspect 
of employment policy and practice.
    (1) Under the terms of its program, each licensee shall:
    (i) Define the responsibility of each level of management to insure 
a positive application and vigorous enforcement of the policy of equal 
opportunity, and establish a procedure to review and control managerial 
and supervisory performance.
    (ii) Inform its employees and recognized employee organizations of 
the positive equal employment opportunity policy and program and enlist 
their cooperation.
    (iii) Communicate its equal employment opportunity policy and 
program and its employment needs to sources of qualified applicants 
without regard to sex, race, color, religion or national origin, and 
solicit their recruitment assistance on a continuing basis.
    (iv) Conduct a continuing campaign to exclude every form of 
prejudice or discrimination based upon sex, race, color, religion, or 
national origin, from the licensee's personnel policies and practices 
and working conditions.
    (v) Conduct a continuing review of job structure and employment 
practices and adopt positive recruitment, training, job design and 
other measures needed in order to insure genuine equality of 
opportunity to participate fully in all organizational units, 
occupations and levels of responsibility.
    (2) The program must reasonably address specific concerns through 
policies and actions as set forth in this paragraph, to the extent that 
they are appropriate in consideration of licensee size, location and 
other factors.
    (i) To assure nondiscrimination in recruiting.
    (A) Posting notices in the licensee's offices informing applicants 
for employment of their equal employment rights and their right to 
notify the Equal Employment Opportunity Commission (EEOC), the Federal 
Communications Commission (Commission), or other appropriate agency. 
Where a substantial number of applicants are Spanish-surnamed 
Americans, such notice should be posted in both Spanish and English.
    (B) Placing a notice in bold type on the employment application 
informing prospective employees that discrimination because of sex, 
race, color, religion, or national origin is prohibited, and that they 
may notify the EEOC, the Commission, or other appropriate agency if 
they believe they have been discriminated against.
    (C) Placing employment advertisements in media which have 
significant circulation among minority groups in the recruiting area.
    (D) Recruiting through schools and colleges with significant 
minority group enrollments.
    (E) Maintaining systematic contacts with minority and human 
relations organizations, leaders and spokespersons to encourage 
referral of qualified minority or female applicants.
    (F) Encouraging present employees to refer minority or female 
applicants.
    (G) Making known to the appropriate recruitment sources in the 
employer's immediate area that qualified minority members are being 
sought for consideration whenever the licensee hires.
    (ii) To assure nondiscrimination in selection and hiring.
    (A) Instructing employees of the licensee who make hiring decisions 
that all applicants for all jobs are to be considered without 
discrimination.
    (B) Where union agreements exist, cooperating with the union or 
unions in the development of programs to assure qualified minority 
persons or females of equal opportunity for employment, and including 
an effective nondiscrimination clause in new or renegotiated union 
agreements.
    (C) Avoiding use of selection techniques or tests that have the 
effect of discriminating against minority groups or females.
    (iii) To assure nondiscriminatory placement and promotion.
    (A) Instructing employees of the licensee who make decisions on 
placement and promotion that minority employees and females are to be 
considered without discrimination, and that job areas in which there is 
little or no minority or female representation should be reviewed to 
determine whether this results from discrimination.
    (B) Giving minority groups and female employees equal opportunity 
for positions which lead to higher positions. Inquiring as to the 
interest and skills of all lower-paid employees with respect to any of 
the higher-paid positions, followed by assistance, counseling, and 
effective measures to enable employees with interest and potential to 
qualify themselves for such positions.
    (C) Reviewing seniority practices to insure that such practices are 
nondiscriminatory and do not have a discriminatory effect.
    (D) Avoiding use of selection techniques or tests that have the 
effect of discriminating against minority groups or females.
    (iv) to assure nondiscrimination in other areas of employment 
practices.
    (A) Examining rates of pay and fringe benefits for present 
employees with equivalent duties and adjusting any inequities found.
    (B) Providing opportunity to perform overtime work on a basis that 
does not discriminate against qualified minority groups or female 
employees.
    (b) EEO statement. Each licensee having sixteen (16) or more full-
time employees shall file with the Commission, no later than May 31st 
following the grant of that licensee's first Commercial Mobile Radio 
Services authorization, a statement describing fully its current equal 
employment opportunity program, indicating specific practices to be 
followed in order to assure equal employment opportunity on the basis 
of sex, race, color, religion, or national origin in such aspects of 
employment practices as regards recruitment, selection, training, 
placement, promotion, pay, working conditions, demotion, layoff, and 
termination. Any licensee having sixteen (16) or more full-time 
employees that changes its existing equal employment opportunity 
program shall file with the Commission, no later than May 31st 
thereafter, a revised statement reflecting the change(s).

    Note: Commercial mobile radio service licensees having sixteen 
(16) or more full-time employees that do not have a current EEO 
statement on file with the Commission as of January 2, 1995, must 
file the statement required by this paragraph no later than May 31, 
1995.

    (c) Report of complaints filed against licensees. Each licensee, 
regardless of how many employees it has, shall submit an annual report 
to the Commission no later than May 31st of each year indicating 
whether any complaints regarding violations by the licensee or equal 
employment provisions of Federal, State, Territorial, or local law have 
been filed before anybody having competent jurisdiction.
    (1) The report should state the parties involved, the date filing, 
the courts or agencies before which the matters have been heard, the 
appropriate file number (if any), and the respective disposition or 
current status of any such complaints.
    (2) Any licensee who has filed such information with the EEOC may 
file a notification of such filing with the Commission in lieu of a 
report.
    (d) Complaints of violations of Equal Employment Programs. 
Complaints alleging employment discrimination against a common carrier 
licensee are considered by the Commission in the following manner:
    (1) If a complaint raising an issue of discrimination is received 
against a licensee who is within the jurisdiction of the EEOC, it is 
submitted to that agency. The Commission maintains a liaison with that 
agency that keeps the Commission informed of the disposition of 
complaints filed against common carrier licensees.
    (2) Complaints alleging employment discrimination against a common 
carrier licensee who does not fall under the jurisdiction of the EEOC 
but is covered by appropriate enforceable State law, to which penalties 
apply, may be submitted by the Commission to the respective State 
agency.
    (3) Complaints alleging employment discrimination against a common 
carrier licensee who does not fall under the jurisdiction of the EEOC 
or an appropriate State law, are accorded appropriate treatment by the 
Commission.
    (4) The Commission will consult with the EEOC on all matters 
relating to the evaluation and determination of compliance by the 
common carrier licensees with the principles of equal employment as set 
forth herein.
    (5) Complaints indicating a general pattern of disregard of equal 
employment practices which are received against a licensee that is 
required to file an employment report to the Commission under 
Sec. 1.815(a) of this chapter are investigated by the Commission.
    (e) Commission records. A copy of every annual employment report, 
equal employment opportunity program statement, reports on complaints 
regarding violation of equal employment provisions of Federal, State, 
Territorial, or local law, and copies of all exhibits, letters, and 
other documents filed as part thereof, all amendments thereto, all 
correspondence between the licensee and the Commission pertaining to 
the reports after they have been filed and all documents incorporated 
therein by reference, are open for public inspection at the offices of 
the Commission.
    (f) Licensee records. Each licensee required to file annual 
employment reports (pursuant to Sec. 1.815(a) of this chapter), equal 
employment opportunity program statements, and annual reports on 
complaints regarding violations of equal employment provisions of 
Federal, State, Territorial, or local law shall maintain for public 
inspection a file containing a copy of each such report and copies of 
all exhibits, letters, and other documents filed as part thereto, all 
correspondence between the licensee and the Commission pertaining to 
the reports after they have been filed and all documents incorporated 
therein by reference. The documents must be retained for a period of 
two (2) years.


Sec. 90.169  Construction prior to grant of application.

    Applicants may construct facilities prior to grant of their 
applications, subject to the provisions of this section, but must not 
operate such facilities until the Commission grants an authorization. 
If the conditions stated in this section are not met, applicants must 
not begin to construct facilities.
    (a) When applicants may begin construction. An applicant may begin 
construction of a facility thirty-five (35) days after the date of the 
Public Notice listing the application for that facility as acceptable 
for filing.
    (b) Notification to stop. If the Commission for any reason 
determines that construction should not be started or should be stopped 
while an application is pending, and so notifies the applicant, orally 
(followed by written confirmation) or in writing, the applicant must 
not begin construction or, if construction has begun, must stop 
construction immediately.
    (c) Assumption of risk. Applicants that begin construction pursuant 
to this section before receiving an authorization do so at their own 
risk and have no recourse against the United States for any losses 
resulting from:
    (1) Applications that are not granted;
    (2) Errors or delays in issuing Public Notices;
    (3) Having to alter, relocate, or dismantle the facility; or
    (4) Incurring whatever costs may be necessary to bring the facility 
into compliance with applicable laws, or Commission rules and orders.
    (d) Conditions. Except as indicated, all pre-grant construction is 
subject to the following conditions:
    (1) The application is not mutually exclusive with any other 
application;
    (2) No petitions to deny the application have been filed;
    (3) The application does not include a request for a waiver of one 
or more Commission rules;
    (4) For any construction or alteration that would exceed the 
requirements of Sec. 17.7 of this chapter, the licensee has notified 
the appropriate Regional Office of the Federal Aviation Administration 
(FAA Form 7460-1), filed a request for antenna height clearance and 
obstruction marking and lighting specifications (FCC Form 854) with the 
Commission;
    (5) The applicant has indicated in the application that the 
proposed facility would not have a significant environmental effect, in 
accordance with Secs. 1.1301 through 1.1319 of this chapter; and,
    (6) Under applicable international agreements and rules in this 
part, individual coordination of the proposed channel assignment(s) 
with a foreign administration is not required.
    24. Section 90.179 is amended by adding a new paragraph (g) to read 
as follows:


Sec. 90.179  Shared use of radio stations.

* * * * *
    (g) The provisions of this section do not apply to licensees 
authorized to provide commercial mobile radio service under this part.
    25. Section 90.403 is amended by revising paragraph (c) to read as 
follows:


Sec. 90.403  General operating requirements.

* * * * *
    (c) Except for stations that have been granted exclusive channels 
under this part and that are classified as commercial mobile radio 
service providers pursuant to part 20 of this chapter, each licensee 
must restrict all transmissions to the minimum practical transmission 
time and must employ an efficient operating procedure designed to 
maximize the utilization of the spectrum.
* * * * *
    26. Section 90.405 is amended by revising paragraph (b) to read as 
follows:


Sec. 90.405  Permissible communications.

* * * * *
    (b) The provisions contained in paragraph (a) of this section do 
not apply where a single base station licensee has been authorized to 
use a channel above 470 MHz on an exclusive basis, or to stations 
licensed under this part that are classified as CMRS providers under 
part 20 of this chapter.
    27. Section 90.415 is amended by revising paragraph (b) to read as 
follows:


Sec. 90.415  Prohibited uses.

 * * * * *
    (b) Render a communications common carrier service, except for 
stations in the Special Emergency Radio Service providing 
communications standby facilities under Sec. 90.49, operational fixed 
stations licensed in the Railroad Radio Service handling public 
telegraph messages as agents of telegraph common carriers in those 
instances where such public telegraph service cannot be provided 
through other railroad facilities, and stations licensed under this 
part in the SMR, private carrier paging, Business Radio, or 220-222 MHz 
services.
    28. Section 90.425 is amended by adding paragraph (e) to read as 
follows:


Sec. 90.425  Station identification.

* * * * *
    (e) Special provisions for stations licensed under this part that 
are classified as CMRS providers under part 20 of this chapter.
    (1) Station identification will not be required for 929-930 MHz 
nationwide paging licensees and MTA-based SMR licensees. All other CMRS 
stations will be required to comply with the station identification 
requirements of paragraphs (a) through (d) of this section.
    (2) CMRS stations subject to a station identification requirement 
will be permitted to use a single call sign for commonly owned 
facilities that are operated as part of a single system. The call sign 
must be transmitted each hour within five minutes of the hour, or upon 
completion of the first transmission after the hour.
    (3) CMRS stations granted exclusive channels may transmit their 
call signs digitally. The station licensee must provide the Commission 
with information sufficient to decode the digital transmission to 
ascertain the transmitted call sign.
    29. Section 90.437 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec. 90.437  Posting station licenses.

* * * * *
    (b) Entities authorized under this part must make available either 
a clearly legible photocopy of the authorization for each base or fixed 
station at a fixed location at every control point of the station or an 
address or location where the current authorization may be found.
    (c) Entities operating under a temporary permit authorized in 
accordance with Sec. 90.159 shall post an executed copy of the Form 572 
at every control point of the system or an address or location where 
the current executed copy may be found.
* * * * *
    30. Section 90.449 is revised to read as follows:


Sec. 90.449  Answers to official communications and notices of 
violation.

    (a) Licensees are required to respond to official communications 
with reasonable dispatch and according to the tenor of the 
communication. Failure to do so may be considered by the Commission to 
reflect adversely on a person's qualifications to hold Commission 
authorizations and may also create liabilities for other sanctions.
    (b) Any licensee receiving official notice of a violation of the 
terms of the Communications Act of 1934, as amended, any legislative 
act or treaty to which the United States is a party, or the rules and 
regulations of the Commission, shall, within ten (10) days from such 
receipt or such other period as may be specified by the Commission, 
send a written answer to the office of the Commission originating the 
original notice. If an answer cannot be sent, or an acknowledgement 
made, within such period, acknowledgement and answer shall be made at 
the earliest practicable date with a satisfactory explanation of the 
delay. The answer to each notice shall be complete in itself and shall 
not be abbreviated by reference to other communications or answers to 
other notices. The reply shall set forth the steps taken to prevent a 
recurrence of improper operation.
    31. Section 90.476 is amended by adding paragraph (c) to read as 
follows:


Sec. 90.476  Interconnection of fixed stations and certain mobile 
stations.

* * * * *
    (c) The provisions of this section do not apply to commercial 
mobile radio service providers, as defined in part 20 of this chapter.
    32. Section 90.483 is amended by revising the introductory 
paragraph to read as follows:


Sec. 90.483  Permissible methods and requirements of interconnecting 
private and public systems of communications.

    Interconnection may be accomplished by commercial mobile service 
providers licensed under this part by any technically feasible means. 
Interconnection may be accomplished by private mobile service providers 
either manually or automatically under the supervision and control of a 
transmitter control operator at a fixed position in the authorized 
system of communications or it may be accomplished under the 
supervision and control of mobile operators, and is subject to the 
following provisions:
* * * * *
    33. Section 90.494 is amended by revising paragraph (c) to read as 
follows:


Sec. 90.494  One-way paging operations in the 929-930 MHz band.

* * * * *
    (c) All frequencies listed in this section may be used to provide 
one-way paging communications to persons eligible for licensing under 
subpart B, C, D, or E of this part, representatives of Federal 
Government agencies, individuals, and foreign governments and their 
representatives. The provisions of Sec. 90.173(b) apply to all 
frequencies listed in this section.
* * * * *
    34. Section 90.603 is amended by revising paragraph (c) to read as 
follows:


Sec. 90.603 Eligibility.

* * * * *
    (c) Any person, except wireline telephone common carriers, eligible 
under this part and proposing to provide on a commercial basis base 
station and ancillary facilities as a Specialized Mobile Radio System 
operator, for the use of individuals, Federal Government agencies, 
foreign governments and their representatives, and persons eligible for 
licensing under subparts B, C, D, or E of this part.
    35. Section 90.607 is amended by revising the introductory text of 
paragraphs (b) and (c) to read as follows:


Sec. 90.607  Supplemental information to be furnished by applicants for 
facilities under this subpart.

* * * * *
    (b) Except for applicants for SMR licenses, all applicants for 
conventional radio systems must:
* * * * *
    (c) Except for applicants for SMR licenses, all applicants for 
trunked systems must:
* * * * *
    36. Section 90.623 is amended by revising the introductory text of 
paragraph (c) to read as follows:


Sec. 90.623  Limitations on the number of frequencies assignable for 
conventional systems.

* * * * *
    (c) No non-SMR licensee will be authorized an additional frequency 
pair for a conventional system within 64 kilometers (40 miles) of an 
existing conventional system, except where: * * *
* * * * *
    37. Section 90.627 is amended by revising the introductory text of 
paragraph (b), removing ``; or,'' and adding in its place ``.'' at the 
end of paragraph (b)(2) and removing paragraph (b)(3) to read as 
follows:


Sec. 90.627  Limitation on the number of frequency pairs that may be 
assignable for trunked systems and on the number of trunked systems.

* * * * *
    (b) No non-SMR licensee will be authorized an additional trunked 
system within 64 kilometers (40 miles) of an existing trunked system, 
except where:
* * * * *
    38. Section 90.631 is amended by revising the first sentence of 
paragraph (a), and revising paragraphs (b) and (c) to read as follows:


Sec. 90.631  Trunked systems loading, construction, and authorization 
requirements.

    (a) Non-SMR trunked systems will be authorized on the basis of a 
loading criteria of one hundred (100) mobile stations per channel. * * 
*
    (b) Each applicant for a non-SMR trunked system must certify that a 
minimum of seventy (70) mobiles for each channel authorized will be 
placed into operation within five (5) years of the initial license 
grant. Except for SMR systems licensed in the 806-821/851-866 MHz band 
and as indicated in paragraph (i) of this section, if at the end of 
five (5) years a trunked system is not loaded to the prescribed levels 
and all channels in the licensee's category are assigned in the 
system's geographic area, authorizations for trunked channels not 
loaded to seventy (70) mobile stations cancels automatically at a rate 
that allows the licensee to retain one channel for every one hundred 
(100) mobiles loaded, plus one additional channel. If a trunked system 
has channels from more than one category, General Category channels are 
the first channels considered to cancel automatically. All non-SMR 
licensees initially authorized before June 1, 1993, that are within 
their original license term, or SMR licensees that are within the term 
of a two-year authorization granted in accordance with paragraph (i) of 
this section, are subject to this condition. A licensee that has 
authorized channels cancelled due to failure to meet the above loading 
requirements will not be authorized additional channels to expand that 
same system for a period of six (6) months from the date of 
cancellation.
    (c) Except for SMR applicants and as provided in paragraph (d) of 
this section, an applicant seeking to expand a trunked system by 
requesting additional channels from the Commission, or through 
intercategory sharing, or through an assignment, must have a loading 
level of seventy (70) mobiles per channel on the existing system that 
is the subject of the expansion request.
* * * * *
    39. Section 90.633 is amended by revising paragraph (a), and the 
first sentence of paragraph (e) to read as follows:


Sec. 90.633  Conventional systems loading requirements.

    (a) Non-SMR conventional systems of communication will be 
authorized on the basis of a minimum loading criteria of seventy (70) 
mobile stations for each channel authorized.
* * * * *
    (e) A non-SMR licensee may apply for additional frequency pairs if 
its authorized conventional channel(s) is loaded to seventy (70) 
mobiles.* * *
* * * * *
    40. Section 90.645 is amended by revising paragraph (c) to read as 
follows:


Sec. 90.645  Permissible operations.

* * * * *
    (c) Except for licensees classified as CMRS providers under part 20 
of this chapter, only for the transmission of messages or signals 
permitted in the services is which the participants are eligible.
* * * * *
    41. Section 90.703 is amended by revising paragraph (c) to read as 
follows:


Sec. 90.703  Eligibility.

* * * * *
    (c) Any person, except wire line telephone common carriers, 
eligible under this part and proposing to provide on a commercial basis 
base station and ancillary facilities as a Specialized Mobile Radio 
System operator, for the use of individuals, Federal Government 
agencies, foreign governments and their representatives, and persons 
eligible for licensing under subparts B, C, D or E of this part.
    42. Section 90.733 is amended by revising paragraph (a)(3) to read 
as follows:


Sec. 90.733  Permissible operations.

    (a) * * *
    (3) Except for licensees classified as CMRS providers under Part 20 
of this chapter, only for the transmission of messages or signals 
permitted in the services in which the participants are eligible.
* * * * *
[FR Doc. 94-28199 Filed 11-18-94; 8:45 am]
BILLING CODE 6712-01-M