[Federal Register Volume 60, Number 49 (Tuesday, March 14, 1995)]
[Proposed Rules]
[Pages 13686-13688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6215]



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[[Page 13687]]

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket No. 95-18; DA 95-426]


Allocation of Spectrum at 2 GHz for Use by the Mobile-Satellite 
Service

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; extension of time.

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SUMMARY: By this order, the Chief, Office of Engineering and 
Technology, extends the deadline for filing comments in response to the 
Notice of Proposed Rule Making in this proceeding on allocation of 
spectrum at 2 GHz for use by the Mobile-Satellite Service. This Order 
grants the petition of the American Mobile Satellite Corporation for an 
extension of the deadline for comments. The petitioner and commenters 
argue that preparations under way for the 1995 World 
Radiocommunications Conference and meetings being held among members of 
the Mobile-Satellite Service, broadcasting, microwave and private radio 
communities will produce information pertinent to this proceeding, and 
request the extension in order to integrate this information into their 
comments. Although Commission policy not to routinely grant petitions 
for extension of time, we agree that this information will allow us to 
make better informed decisions, and that the requested extension is in 
the public interest. We therefore find good cause has been shown for 
extension of the comment period, and order that the comment deadline in 
this proceeding is extended form March 9, 1995, to May 5, 1995; and 
that the reply comment deadline is extended from March 27, 1995, to 
June 6, 1995.

DATES: Comments are due May 5, 1995. Reply comments are due June 6, 
1995.

FOR FURTHER INFORMATION CONTACT:
Sean White, Office of Engineering and Technology, (202) 776-1624.

SUPPLEMENTARY INFORMATION: In the matter of Amendment of Section 2.106 
of the Commission's Rules to Allocate Spectrum at 2 GHz for Use by the 
Mobile-Satellite Service.
[ET Docket No. 95-18 RM-7927]

Order Granting Request to Defer Comment Dates

    Adopted: March 3, 1995.
    Released: March 8, 1995.

    By the Office of Engineering and Technology.

    1. On February 22, 1995, the American Mobile Satellite Corporation 
(AMSC) petitioned the Commission to extend the pleading cycle for 
comments to the Notice of Proposed Rule Making in the above-captioned 
proceeding, ET Docket No. 95-18, FCC 95-39, released January 31, 1995 
(60 FR 11644, March 2, 1995). AMSC requests an extension for comments 
from March 9, 1995 to May 5, 1995; and for reply comments form March 
27, 1995 to June 6, 1995.
    2. AMSC, one of the original petitioners in this proceeding, 
observes that preparations for the 1995 Worldwide Radiocommunications 
Conference (WRC-95) are well under way, and that many of the entities 
likely to comment in this proceeding are part of the Industry Advisory 
Committee to the WRC-95 Conference Preparation Meeting (CPM), to be 
held March 22-April 5, 1995, in Geneva. The CPM will consider, inter 
alia, technical studies pertaining to sharing of the 2 GHz band between 
mobile-satellite and terrestrial users.\1\ In supporting comments, 
COMSAT Corporation (COMSAT) states that meetings are currently ongoing 
between the mobile-satellite community and the broadcasting and 
microwave communities to evaluate the possibility of satellite-
terrestrial sharing in this band and to consider issues relating to a 
possible relocation of current broadcast and microwave licensees in the 
band. COMSAT will use data developed in this process to conduct 
computer simulations of potential mutual interference between Mobile-
Satellite Service (MSS) and terrestrial users.\2\ AMSC and COMSAT also 
point out that the staffs of many entities likely to comment in this 
proceeding are intensely preparing for WRC-95 and other international 
meetings, including drafting reply comments to the Commission's Notice 
of Inquiry in preparation for WRC-95, IC Docket No. 94-31, FCC 95-36, 
60 FR 8994, February 16, 1995\3\ AMSC argues that extending the comment 
and reply comment periods will allow commenters to gather more 
information and take more time and care in preparing complete and 
precise comments, which will provide us with more complete information 
upon which to base our decisions in this proceeding. In addition to 
COMSAT, TRW Inc. and Motorola Satellite Communications, Inc. filed 
comments in support of AMSC's petition.\4\ The National Association of 
Broadcasters has stated that it has no objection to extending the 
comment periods.\5\

    \1\See AMSC, Motion for Extension of Time, ET Docket No. 95-18 
at 1-2 (February 22, 1995).
    \2\See COMSAT, Comments on Motion for Extension of Time, ET 
Docket No. 95-18 at 1-2 (February 27, 1995).
    \3\See AMSC Motion at 2, COMSAT Comments at 2.
    \4\Letter from N. Leventhal, Leventhal, Senter & Lerman to W. 
Caton, Federal Communications Commission, February 27, 1995; 
Motorola, Comments in Support of Motion for Extension of Time 
(February 27, 1995).
    \5\See National Association of Broadcasters et al., No 
Opposition to Motion for Extension of Time, ET Docket No. 95-18 
(February 28, 1995).
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    3. Celsat, Inc. (Celsat), another petitioner in this proceeding, 
opposes AMSC's petition for extension of time. Celsat argues that most 
of the frequencies at issue in this proceeding were allocated for MSS 
use at the 1992 World Administrative Radio Conference, and it is 
therefore unnecessary to wait for WRC-95 or its preparatory meetings to 
make this allocation. Further, adds Celsat, the WRC-95 CPM will 
primarily involve technical, regulatory and procedural constraints 
associated with additional MSS allocations in the 1-3 GHz bands, and 
this allocation is not an issue at that meeting.\6\ Celsat also 
contends that the meetings between the MSS community and broadcasting 
and microwave licensees are preliminary in nature, and provide no basis 
for delaying this proceeding.\7\ Celsat argues that we have recognized 
that it is in the public interest to expeditiously implement and 
license MSS, and we should therefore not delay this proceeding.\8\

    \6\See Celsat, Inc., Opposition to Motion for Extension of Time, 
ET Docket No. 95-18 at 3-4 (February 27, 1995).
    \7\See Id. at 4.
    \8\See Id. at 4-5.
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    4. Although the Commission does not routinely grant extensions of 
time,\9\ we agree with AMSC and supporting commenters that the public 
interest would be better served if we permit additional time for 
submitting comments in this proceeding. Not only would an extension 
provide additional time for gathering and evaluating data on MSS-
terrestrial sharing in the proposed allocation, but meetings between 
the MSS community and the incumbents of the candidate band will be 
helpful in establishing a sharing and relocation regime acceptable to 
all affected parties. We find that comments informed by the results of 
WRC-95 preparations and industry consultation will allow the Commission 
to make better decisions than would be possible without this 
information. The two-month delay in this proceeding is justified by the 
quantity and quality of information we will have as a result. On 
balance, we find that the public interest would best be served by 
granting the [[Page 13688]] extension. Accordingly, for good cause 
shown, it is ordered That the date for filing comments in this matter 
is extended to May 5, 1995, and the date for filing reply comments is 
extended to June 6, 1995.

    \9\See 47 CFR 1.46(a).
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    5. This action is taken pursuant to authority found in Sections 4 
(i), 302 and 303 of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 302, 303; and pursuant to Sections 0.31 and 1.46 of the 
Commission's Rules, 47 CFR 0.31, 1.46. For further information contact 
Sean White, Office of Engineering and Technology, (202) 776-1624.

Federal Communications Commission.
Bruce A. Franca,
Deputy Chief, Office of Engineering and Technology.
[FR Doc. 95-6215 Filed 3-13-95; 8:45 am]
BILLING CODE 6712-01-M