[Federal Register Volume 60, Number 121 (Friday, June 23, 1995)]
[Notices]
[Pages 32678-32679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15395]



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FEDERAL COMMUNICATIONS COMMISSION

[ET Docket No. 94-32; DA 95-1365]


In-Flight Phone Corp.; Allocation of Spectrum Below 5 GHz 
Transferred From Government Use

AGENCY: Federal Communications Commission.

ACTION: Public notice.

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SUMMARY: This Public Notice solicits comment on a pioneer's preference 
request filed by In-Flight Phone Corp. (In-Flight). The action is taken 
in response to a filing by In-Flight.

DATES: Comments are due July 3, 1995; reply comments are due July 13, 
1995.

FOR FURTHER INFORMATION CONTACT:
Rodney Small, Office of Engineering and Technology, (202) 776-1622.

SUPPLEMENTARY INFORMATION: This is the text of the Commission's Public 
Notice in GEN Docket No. 94-32, released June 16, 1995. The pioneer's 
preference request filed by In-Flight is available for inspection and 
copying during normal business hours in the FCC Reference Center (Room 
239), 1919 M Street NW., Washington, D.C., and also may be purchased 
from the Commission's duplication contractor, International 
Transcription Service, (202) 857-3800, 2100 M Street NW., Suite 140, 
Washington D.C. 20037.

Comment Sought on In-Flight Phone Corp. Pioneer's Preference Request

    On March 16, 1995, In-Flight Corp. (In-Flight) filed a Petition for 
Declaratory Ruling (Petition) asking that its pioneer's preference (PP) 
Request filed in the Narrowband Personal Communications Services 
proceeding, ET Docket No. 92-100, now be considered in ET Docket No. 
94-32, Allocation of Spectrum Below 5 GHz Transferred from Federal 
Government Use. The Petition was placed on Public Notice on April 28, 
1994; see DA 95-967. No comments were filed on this Public Notice. On 
June 8, 1995, in response to the Commission's Third Report and Order in 
the pioneer's preference review proceeding (see ET Docket No. 93-266, 
FCC 95-218, released June 8, 1995), In-Flight filed a Supplement to its 
PP Request. In the Supplement, In-Flight asks that the 
[[Page 32679]] Commission issue a public notice soliciting comment on 
the PP Request.
    In-Flight filed its PP Request in ET Docket No. 92-100 on October 
30, 1992, seeking a preference in the 901-902 MHz and 940-941 MHz bands 
for a live ground-to-air audio news, information, and entertainment 
service for airline passengers. However, because the rules adopted in 
ET Docket No. 92-100 were not related to In-Flight's proposal, its PP 
Request was not acted upon by the Commission.
    In May 1994, the Commission released a Notice of Inquiry (NOI) in 
ET Docket No. 94-32, seeking information on potential applications of 
50 megahertz of transferred Federal Government spectrum; see 9 FCC Rcd 
2175 and 59 FR 25589, May 17, 1994. In November 1994, a Notice of 
Proposed Rulemaking was released proposing the allocation of the 
spectrum; see 9 9 FCC Rcd 6779 and 59 FR 59393, November 17, 1994. A 
First Report and Order and Second Notice of Proposed Rulemaking (Second 
NPRM) was released in February 1995; see 10 FCC Rcd 4769 and 60 FR 
13102, March 10, 1995. The Second NPRM proposes that the 4660-4685 MHz 
band be allocated for a General Wireless Communications Service (GWCS).
    In its Petition, In-Flight argued that its PP Request should be 
considered in ET Docket No. 94-32 because the proposed service rules 
would allow it to apply for a license to provide its service in the 
4660-4685 MHz band. In-Flight claimed that the service for which the 
preference is sought is identical in all relevant respects to the 
service it would provide as a GWCS licensee. In-Flight also requested 
that the Commission issue the recommended ruling well in advance of the 
August 10, 1995 statutory deadline for issuing final rules in ET Docket 
No. 94-32, so that the Commission would have sufficient time to decide 
whether to award a pioneer's preference to In-Flight.
    In its Supplement, In-Flight notes that the Commission recently 
decided in ET Docket No. 93-266 that public notices would no longer be 
issued inviting comment on pioneer's preference requests--rather, such 
comment would be solicited in the notices of proposed rule making that 
propose to establish rules governing the services for which the 
preferences are sought; see Second Report and Order and Further Notice 
of Proposed Rule Making, 10 FCC Rcd 4523 (1995) and 60 FR 13396, March 
13, 1995. However, In-Flight states that because an NPRM has already 
been issued in Docket No. 94-32, the only way the Commission can give 
parties an opportunity to comment on its PP Request is to issue a 
public notice.
    We concur with In-Flight that due to the special circumstances 
surrounding its PP Request, issuance of a public notice is appropriate 
in this case. Accordingly, we are assigning file number PP-88 to the 
Request and invite comment on it and the Supplement. Comments must 
reference both PP-88 and ET Docket No. 94-32 on the cover page. 
Comments are due July 3, 1995, and reply comments are due July 13, 
1995. We note that In-Flight's PP Request has been formally opposed. 
Accordingly, the PP Request constitutes a restricted Commission 
proceeding in which ex parte presentations are prohibited; see 47 CFR 
1.1208(c).
    In-Flight's PP Request, including the Supplement, is available for 
inspection in the FCC Reference Center, Room 239, 1919 M Street N.W., 
Washington, DC during regular business hours. This material may also be 
purchased from the Commission's duplication contractor, International 
Transcription Service, Inc., 2100 M Street, NW, Suite 140, Washington, 
DC 20036, (202) 857-3800. For further information, contact Thomas 
Derenge or Rodney Small in the Office of Engineering and Technology, 
(202) 739-0703 or (202) 776-1622, respectively.

    Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-15395 Filed 6-22-95; 8:45 am]
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