[Federal Register Volume 59, Number 237 (Monday, December 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30448]


[[Page Unknown]]

[Federal Register: December 12, 1994]


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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90

[PR Docket No. 93-144 and PP Docket No. 93-253; DA 94-1326]

 

Facilitation of Future Development of SMR Systems in the 800 MHz 
Frequency Band; Implementation of Section 309(j) of the Communications 
Act--Competitive Bidding, 800 MHz SMR

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; extension of time.

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SUMMARY: On November 4, 1994, the Commission released a Further Notice 
of Proposed Rule Making, FCC 94-271, 59 FR 60111, published November 
22, 1994, concerning establishment of a flexible regulatory scheme and 
competitive bidding procedures for Specialized Mobile Radio (SMR) 
systems in the 800 MHz band.
    In order to provide sufficient time for members of the SMR industry 
to have the opportunity to reach consensus about the proposals 
presented in this proceeding, this Order extends the deadlines for 
comments and reply comments.

DATES: Comments must be filed on or before January 5, 1995 and reply 
comments must be filed on or before January 20, 1995.

ADDRESSES: Federal Communications Commission, 1919 M Street NW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:
D'wana R. Speight, Land Mobile and Microwave Division, (202) 632-7125.

SUPPLEMENTARY INFORMATION:

Order Extending Comment and Reply Comment Period

    Adopted: November 28, 1994.
    Released: November 28, 1994.
    By the Chief, Land Mobile and Microwave Division:
    1. We have received requests from the American Mobile 
Telecommunications Association, Inc. (``AMTA'') and SMR WON for an 
extension of time for filing Comments and Reply Comments in response to 
the Further Notice of Proposed Rule Making in this proceeding.1 
AMTA's motion, filed on November 22, 1994, requests that the Commission 
extend the deadlines for filing comments and reply comments (currently 
December 5, 1994 and December 20, 1994, respectively) by 30 days. SMR 
WON's motion, filed on November 21, 1994, requests that the deadlines 
be extended by 60 days. To date, no opposition to either request has 
been filed.
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    \1\Further Notice of Proposed Rule Making, Amendment of Part 90 
of the Commission's Rules to Facilitate Future Development of SMR 
Systems in the 800 MHz Frequency Band and Implementation of Section 
309(j) of the Communications Act--Competitive Bidding, 800 MHz SMR, 
PR Docket No. 93-144 and PP Docket No. 93-253, FCC 94-271, adopted 
October 20, 1994, released November 4, 1994, 59 FR 60111, published 
November 22, 1994 (Further Notice).
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    2. AMTA seeks a 30-day extension so that it may work with its 
members, who represent a broad cross-section of small and large 
Specialized Mobile Radio (SMR) providers, to achieve consensus 
regarding the numerous and complex issues raised by the Further Notice. 
AMTA observes that the proposals presented in the Further Notice would 
have ``significant, yet different, implications for those intending to 
provide wide-area services versus those who plan to maintain their 
systems in a more traditional configuration.'' As a result, AMTA 
contends that it is imperative that the SMR industry be given 
sufficient time not only to evaluate the proposals fully but also to 
seek a consensus on as many issues as possible.
    3. SMR WON, a new organization representing SMR operators in 
smaller markets and rural areas, states that a 60-day extension is 
needed so that its consultants may prepare economic and engineering 
studies that it intends to rely on in filing comments. SMR WON also 
contends that additional time is necessary to achieve industry 
consensus given the current disagreements among members of the industry 
about issues raised in this proceeding.
    4. We agree with both AMTA and SMR WON that the public interest 
would be served by granting an extension so that members of the SMR 
industry have the opportunity to reach consensus about the proposals 
presented in this proceeding. Both parties indicate that discussions 
among industry members are under way, but that the current comment 
deadlines do not allow sufficient time for consensus positions to 
develop. We therefore agree with AMTA that a 30-day extension of the 
comment period is appropriate. We emphasize that in granting this 
extension, we expect SMR industry representatives to use the additional 
time productively to seek a consensus on as many issues as possible and 
to ensure that the Commission receives thorough and well-reasoned 
comments on all issues in this proceeding.
    5. We also decline to grant SMR WON's request for a 60-day 
extension. SMR WON asserts that a 60-day extension is necessary to 
enable its economic and engineering consultants to complete studies 
that SMR WON has commissioned for this proceeding. SMR WON's motion 
indicates, however, that these consultants were not retained until 
after November 4, 1994. We note that hiring of consultants is a matter 
within SMR WON's control and could have occurred at an earlier date. We 
also reject SMR WON's contention that the Commission did not provide 
sufficient detail regarding its proposals prior to November 4, when the 
Further Notice text was released, to enable SMR WON to commence its 
analysis earlier. In fact, the Commission outlined the major details of 
its 800 MHz SMR proposal well before November in the Third Report and 
Order in GN Docket No. 93-252.2
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    \2\See Third Report and Order, Implementation of Sections 3(n) 
and 332 of the Communications Act, Regulatory Treatment of Mobile 
Services, GN Docket No. 93-252, FCC 94-212, adopted August 9, 1994, 
released September 23, 1994, 59 FR 59945, published November 21, 
1994, at paras. 95-106.
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    6. Accordingly, It Is Hereby Ordered that the Motion of Extension 
of Time filed by the American Mobile Telecommunications Association is 
Granted, and the Motion for Extension of Time filed by SMR WON is 
hereby Denied.
    7. It is further ordered, pursuant to Sec. 1.46 of the Commission's 
Rules, 47 CFR 1.46, that the deadline for filing initial comments in 
this proceeding is extended from December 5, 1994 to January 5, 1995, 
and that the deadline for filing reply comments is extended from 
December 20, 1994 to January 20, 1995.

Federal Communications Commission.
Rosalind K. Allen,
Acting Chief, Land Mobile and Microwave Division, Private Radio Bureau.
[FR Doc. 94-30448 Filed 12-9-94; 8:45 am]
BILLING CODE 6712-01-M