[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Rules and Regulations]
[Pages 9787-9788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4381]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PR Docket No. 89-552; DA 95-251]


Use of the 220-222 MHz Band by the Private Land Mobile Radio 
Services

AGENCY: Federal Communications Commission.

ACTION: Interpretation; Extension of compliance date.

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SUMMARY: Non-nationwide 220-222 MHz licensees are currently required to 
construct their stations and place them in operation by April 4, 1995. 
Recently, however, the Commission has received requests from 
manufacturers of 220-222 MHz radio equipment to extend this deadline. 
The manufacturers indicate that an extension is necessary because they 
will not be able to deliver radio equipment to many licensees in time 
to enable them to construct their stations by April 4, 1995. The 
Wireless Telecommunications Bureau agrees that some measure of relief 
should be afforded to non-nationwide 220-222 MHz licensees and has 
therefore adopted this Order extending the deadline to December 31, 
1995 for all non-nationwide 220-222 MHz licensees to construct their 
stations and place them in operation.

DATES: Compliance date extended to December 31, 1995.

FOR FURTHER INFORMATION CONTACT:
Martin D. Liebman, Policy Division, Wireless Telecommunications Bureau, 
(202) 418-0620.

SUPPLEMENTARY INFORMATION:

Order

Adopted: February 16, 1995
Released: February 17, 1995

    By the Chief, Wireless Telecommunications Bureau:
    1. On August 19, 1994. the Private Radio Bureau released a Public 
Notice (DA 94-902)\1\ extending the deadline for construction of non-
nationwide 220 MHz stations from December 2, 1994 to April 4, 1995.\2\ 
The Commission, in the Third Report and Order, GN Docket No. 93-252, 
Implementation of Sections 3(n) and 332 of the Communications Act, 
released September 23, 1994, 9 FCC Rcd 7988 (1994) 59 FR 59945, 
November 21, 1994, again identified April 4, 1995 as the construction 
deadline for non-nationwide 220 MHz stations. In that decision, the 
Commission noted that the extension ``gives these licensees 
approximately 12 months from the date of * * * [the March 30, 1994 
Order] * * * to complete construction and commence operations. * * 
*''\3\

    \1\The responsibility for licensing the 220 MHz radio service 
now resides in the Wireless Telecommunications Bureau.
    \2\(59 FR 15857, April 5, 1994). The December 2, 1994 deadline 
was announced in a Private Radio Bureau Order released on March 30, 
1994 (see 9 FCC Rcd 1739 (1994)). In that Order, the Bureau, citing 
the court appeal challenging the Commission's 220 MHz licensing 
procedures (see Evans v. Federal Communications Commission, Order, 
per curiam, Case No. 92-1317 (D.C. Cir. March 18, 1994)) decided 
that, upon termination of the appeal, all non-nationwide 220 MHz 
licensees would be afforded the full 8 months provided under our 
rules (see 47 C.F.R. Sec. 90.725(f)) to construct and operate their 
stations. The December 2, 1994 deadline reflected the approximate 8-
month period following the March 30, 1994 release of the Order.
    \3\See 9 FCC Rcd 8077 (1994).
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    2. Recently, the Wireless Telecommunications Bureau received 
[[Page 9788]] requests from three 220 MHz radio equipment manufacturers 
to extend the current construction deadline beyond April 4, 1995. The 
first of these was submitted by SEA, Inc. (SEA) in a letter sent to 
Regina M. Keeney, Chief, Wireless Telecommunications Bureau, on January 
17, 1995. SEA asks that the deadline be extended to December 31, 1995 
for those licensees who have, by placing equipment orders with 
manufacturers, demonstrated their intent to construct their 220 MHz 
stations. SEA argues that this extension is needed because the 
manufacturing capacity of the companies producing 220 MHz equipment 
``is not sufficient to fill existing orders by the April 4 deadline'' 
and that those licensees who have placed orders ``should not be 
required to forfeit their licenses'' due to manufacturers' inability to 
deliver equipment by that date. As further support for its request, SEA 
contends that the Evans v. FCC\4\ court appeal caused licensees to 
delay placing orders, and that, upon dismissal of the appeal, 
manufacturers were required suddenly to deliver equipment by a 
``single, across-the-board'' deadline applicable to all licensees. SEA 
observes that, had the court case not occurred, manufacturers would 
have had to satisfy the less difficult requirement of filling orders to 
meet the progressive 8-month construction deadlines of the 
approximately 3,600 individual stations that were authorized over an 
extended period.

    \4\See footnote 2, supra.
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    3. E.F. Johnson Company (EFJ), another 220 MHz equipment 
manufacturer, in a letter sent to Regina M. Keeney on January 25, 1995, 
supports SEA's request for an extension until December 31, 1995 for 
those 220 MHz licensees who have timely placed an equipment order with 
a manufacturer offering type-accepted equipment. EFJ argues that the 
current ``compressed manufacturing and delivery schedule can simply not 
be met, even with the considerable resources [the company] will commit 
to the process'' and contends that if an extension is not granted, the 
Commission will ``irreparably harm the nascent 220 MHz industry and 
seriously set back efforts to employ spectrum efficient narrowband 
technology on a widespread basis.''
    4. Finally, the third manufacturer, Linear Modulation Technology 
Limited (LMT), a wholly-owned subsidiary of the Securicor Group plc, in 
a letter sent to Regina M. Keeney on February 1, 1995, also expresses 
support for the granting of an extension to December 31, 1995. LMT 
claims that, while it will be able to construct a significant number of 
220 MHz systems by the April 4, 1995 deadline, it will not be able to 
deliver and construct by that date many of the orders for the 
``approximately one thousand full systems that licensees or managers of 
220 MHz systems have attempted to place with LMT.'' LMT contends that, 
if those licensees who have tried to construct their systems by the 
deadline lose their licenses due to the unavailability of equipment, 
the prospects for the successful deployment of the 220 MHz service 
``will significantly diminish'' and the U.S. 220 MHz industry will be 
placed ``in serious jeopardy.''\5\

    \5\In addition to the letters received from these equipment 
manufacturers, certain other interested parties, including 220 MHz 
licensees, have submitted requests to the Wireless 
Telecommunications Bureau asking for construction deadline 
extensions of up to three years.
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    5. The manufacturers of 220 MHz equipment have indicated that, 
despite their best efforts, equipment ordered by many non-nationwide 
220 MHz licensees will not be delivered in time to enable such 
licensees to construct their stations by April 4, 1995. The Bureau 
believes that these licensees should be afforded some measure of relief 
from the current construction deadline. The Bureau is also concerned 
that a number of licensees, aware of manufacturers' production 
difficulties, have delayed the placement of orders or have chosen not 
to place orders at all under the assumption that the orders could not 
be filled by April 4, 1995. Therefore, to provide relief to all 
licensees--those that have placed orders as well as those that must 
still do so--the Bureau extends to December 31, 1995 the deadline for 
nonnationwide 220 MHz licensees to construct their stations and place 
them in operation.
    6. Accordingly, for good cause shown, It is Ordered That the 
requests by SEA Inc., E.F. Johnson Company, Linear Modulation 
Technology Limited and other parties for extension of the deadline for 
construction of non-nationwide 220 MHz stations are Granted to the 
extent indicated herein and otherwise denied.

Federal Communications Commission.
Regina M. Keeney,
Chief, Wireless Telecommunications Bureau.
[FR Doc. 95-4381 Filed 2-21-95; 8:45 am]
BILLING CODE 6712-01-M