[Federal Register Volume 60, Number 149 (Thursday, August 3, 1995)]
[Rules and Regulations]
[Page 39660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19138]



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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90

[DA 95-1669]


Inter-Category Sharing of Private Mobile Radio Services in the 
806-821/851-866 MHz Bands

AGENCY: Federal Communications Commission.

ACTION: Notice; petitions for reconsideration and clarification.

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SUMMARY: The Wireless Telecommunications Bureau has denied 
reconsideration and/or clarification of the Bureau's Order imposing a 
freeze on the acceptance of new applications for inter-category sharing 
of frequencies allocated to the Public Safety, Industrial/ Land 
Transportation and Business Radio Services. This action was taken 
because of the need to ensure the continued availability of these 
frequencies to license applicants eligible in these service categories 
until the Commission resolves the significant spectrum allocation 
issues raised in PR Docket No. 93-144 and by the Public Safety 
community. this action will maintain the integrity of the Commission's 
licensing process.

EFFECTIVE DATE: August 3, 1995.

FOR FURTHER INFORMATION CONTACT:
Freda Lippert Thyden, Wireless Telecommunications Bureau, (202) 418-
0627.

SUPPLEMENTARY INFORMATION: This is a summary of the Wireless 
Telecommunications Bureau's Memorandum Opinion and Order, DA-1669, 
adopted July 26, 1995, and released July 28, 1995. The full text of 
this Memorandum Opinion and Order is available for inspection and 
copying during normal business hours in the Private Wireless Division, 
Wireless Telecommunications Bureau, 2025 M Street, Room 8010, 
Washington, D.C. The complete text may be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., 2100 M Street, Suite 140, Washington, D.C. 20037, telephone (202) 
857-3800. This will impose no paperwork burden on the public.

Summary of Memorandum Opinion and Order

    1. The Wireless Telecommunications Bureau (Bureau) denied requests 
for reconsideration and clarification of the Bureau's Order (60 FR 
20247 (1995)) imposing a freeze on inter-category sharing of 
frequencies in the 806-821/851-866 MHz band allocated to the Public 
Safety, Industrial/Land Transportation (I/LT), and Business Radio 
(Business) Services. Petitions for Reconsideration were filed by UTC, 
the Telecommunications Association (UTC) and, in a joint pleading, by 
Central and South West Corporation, Indianapolis Power and Light 
Company and Union Electric Company (CIU). Additionally, a Request for 
Clarification of the Bureau's Order was filed by the Industrial 
Telecommunications Application (ITA). Oppositions to the 
reconsideration and clarification requests were filed by the 
Association of Public-Safety Communications Officials-International, 
Inc. (APCO) and Replies were filed by both ITA and CIU.
    2. Because of pressure placed on the 800 MHz Business and I/LT 
categories by Specialized Mobile Radio (SMR) applicants seeking to use 
these channels on an inter-category sharing basis there has been a 
significant increase in the number of Business and I/LT license 
applicants filing applications (on an inter-category basis) for 800 MHz 
Public Safety channels. In response to these developments, the 
Commission has initiated a rule making proceeding (PR Docket 93-144, 59 
FR 60111 (November 22, 1994)) to determine, among other things, the 
appropriate allocation of this segment of the spectrum. To avoid 
compromising the resolution of this issue, as well as the spectrum 
concerns of the Public Safety community, the Bureau imposed a temporary 
freeze on the acceptance of applications for inter-category sharing of 
channels allocated to the Public Safety, I/LT and Business Services.
    3. In response to UTC's contention that the freeze constituted 
substantive action, the Bureau indicated that freezes have long been 
considered by the Commission as procedural in nature and, therefore, 
this action did not require compliance with the notice and comment 
provisions of the Administrative Procedure Act. Further, the Bureau 
stated that providing the public with notice of the action to be taken 
and an opportunity to comment would undercut the effectiveness of the 
freeze and, thus, not be in the public interest.
    4. The Bureau concluded that neither UTC's nor ITA's suggested 
modifications to the freeze Order were adequate to preserve the status 
quo until resolution of the spectrum allocation issues raised in PR 
Docket No. 93-144 and by the Public Safety community. Limiting the 
freeze to SMR use of the relevant channels, as suggested by UTC, would 
be an incomplete remedy because of previous encroachment by SMRs in the 
I/LT pool. Also, ITA's proposal to limit inter-category use to internal 
communications is inadequate to maintain the status quo.
    5. Contrary to CIU's assertions, the record supports the conclusion 
that the communications needs of the Public Safety community are 
currently at risk of not being met. Further, current problems cannot be 
addressed--as suggested by CIU--merely by identifying their cause. In 
any case, the freeze is not a final resolution of the matter, by merely 
a temporary action to prevent compromising the Commission's resolution 
of significant spectrum allocation issues.
    6. For the foregoing reasons, the Bureau affirms the Order 
suspending the acceptance of applications for inter-category sharing to 
the 800 MHz Private Mobile Radio Service Frequencies allocated to the 
Public Safety, Industrial/land Transportation and Business Radio 
Services.

List of Subjects in 47 CFR Part 90

    Administrative practice and procedure.

Federal Communications Commission.
Reginal M. Keeney,
Chief, Wireless Telecommunications Bureau.
[FR Doc. 95-19138 Filed 8-2-95; 8:45 am]
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