[Federal Register Volume 60, Number 132 (Tuesday, July 11, 1995)]
[Proposed Rules]
[Page 35719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17070]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PR Docket No. 89-553, PP Docket No. 93-253, GN Docket No. 93-252]


Request for Comments in 900 MHz SMR Proceeding

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: On April 17, 1995, the Commission released a Second Report and 
Order and Second Further Notice of Proposed Rule Making in PR Docket 
No. 89-553, PP Docket No. 93-253, and GN Docket No. 93-252, FCC 95-159, 
60 FR 21987 and 60 FR 22023, published May 4, 1995, adopting service 
rules and requesting comment on competitive bidding procedures for 
Specialized Mobile Radio (SMR) systems in the 900 MHz Band. This Public 
Notice is a request for comments in the 900 MHz SMR Proceeding on the 
appropriate measures to address the issues raised by the Supreme 
Court's recent decision in Adarand Constructors, Inc. v. Pena, as it 
may relate to the proposed treatment of designated entities in the 900 
MHz SMR auction.

DATES: Comments may be filed on or before July 14, 1995.

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

FOR FURTHER INFORMATION CONTACT: Amy J. Zoslov, Commercial Wireless 
Division, Wireless Telecommunications Bureau, at (202) 418-0620.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Public Notice in PR Docket No. 89-553, PP Docket No. 93-253, and GN 
Docket No. 93-252, released June 20, 1995, requesting comment in the 
900 MHz SMR Proceeding. The full text of this Public Notice is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room 239), 1919 M Street, N.W., Washington, 
DC, and may also be purchased from the Commission's copy contractor, 
International Transcription Services, (202) 857-3800, 2100 M Street, 
N.W., Suite 140, Washington, DC 20037.
    By this action, we request comment on the appropriate measures to 
address the issues raised by the Supreme Court's recent decision in 
Adarand Constructors, Inc. v. Pena\1\ (``Adarand'') as it may relate to 
the proposed treatment of designated entities in the 900 MHz SMR 
auction.\2\ The term ``designated entities'' refers to small business, 
rural telephone companies, and businesses owned by minorities or 
women.\3\ Because the Adarand decision was announced at the conclusion 
of the reply comment period for the 900 MHz SMR Auction Notice,\4\ 
interested parties did not have a sufficient opportunity to address 
this issue for the record.

    \1\ 63 U.S.L.W. 4523 (U.S. June 12, 1995).
    \2\ See Amendment of Parts 2 and 90 of the Commission's Rules to 
Provide for the Use of 200 Channels Outside the Designated Filing 
Areas in the 896-901 MHz and the 935-940 MHz Bands Allotted to the 
Specialized Mobile Radio Pool, Second Report and Order and Second 
Further Notice of Proposed Rule Making, PR Docket No. 89-553, 60 FR 
21987 (May 4, 1995).
    \3\ Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
66, Title VI, Sec. 6002(a), 107 Stat. 312, 388 (1993).
    \4\ See Amendment of Parts 2 and 90 of the Commission's Rules to 
Provide for the Use of 200 Channels Outside the Designated Filing 
Areas in the 896-901 MHz and the 935-940 MHz Bands Allotted to the 
Specialized Mobile Radio Pool, Order, PR Docket No. 89-553, DA 95-
1174, released May 26, 1995 (extending the reply comment deadline to 
June 12, 1995).
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    Adarand imposes a strict scrutiny standard for evaluating federally 
imposed race-conscious provisions. That standard requires us to show a 
``compelling government interest'' for taking race into account.\5\ 
Under Adarand, the agency must show that it considered ``race-neutral 
alternatives'' and that the program is ``narrowly tailored'' to meet 
the compelling governmental interest established by the record and 
findings.\6\ Therefore, we invite comment specifically on the impact of 
the Adarand decision on the proposals we have set forth with respect to 
the treatment of designated entities in the auction rules for the 900 
MHz SMR service.\7\

    \5\ Adarand, 63 U.S.L.W. at 4530.
    \6\ Id.
    \7\ See 900 MHz SMR Auction Notice at Paras. 122-147.
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    Interested parties may file comments on or before July 14, 1995. In 
the interest of expediting the rule making proceeding in this docket 
and initiating an auction for the 900 MHz SMR service, we are not 
inviting reply comments. An original and four copies of all comments 
should be sent to the Office of the Secretary, Federal Communications 
Commission, 1919 M Street, N.W., Washington, D.C. 20554. If you would 
like each Commissioner to receive a personal copy of your comments, you 
must file an original plus nine copies with the Office of the 
Secretary. Comments will be available for public inspection during 
regular business hours in the FCC Reference Center (Room 239) of the 
Federal Communications Commission, 1919 M Street, N.W., Washington, 
D.C. 20554. This is a non-restricted proceeding. Ex parte presentations 
are permitted except during the Sunshine Agenda period, provided they 
are disclosed as provided in Commission rules.\8\

    \8\ See generally 47 CFR Secs. 1.1202, 1.1203, and 1.1206(a).
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    Action by the Chief, Wireless Telecommunications Bureau, June 30, 
1995. For additional information concerning this proceeding, contact 
Amy Zoslov (Legal Branch, Commercial Wireless Division) at (202) 418-
0620.

Federal Communications Commission.
Regina M. Keeney,
Chief, Wireless Telecommunications Bureau.
[FR Doc. 95-17070 Filed 7-10-95; 8:45 am]
BILLING CODE 6712-01-M