[Federal Register Volume 60, Number 173 (Thursday, September 7, 1995)]
[Proposed Rules]
[Pages 46566-46568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22294]



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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90

[PR Docket No. 89-552, GN Docket No. 93-252; FCC 95-381]


Wireless Services; Private Land Mobile Radio Service

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission adopts a Fouth Notice of Proposed Rulemaking in 
this proceeding, seeking comment on proposed rules that will allow 
existing, i.e., Phase I licensees in the 220 MHz service to seek minor 
modifications of their licenses to construct and operate base stations 
at currently unauthorized locations. This action is taken to enable 
Phase I 220 MHz licensees to provide service within the geographic area 
they could serve pursuant to their initial applications, while 
accommodating those licensees that need to relocate their base stations 
for technical or other reasons.

DATES: Comments are due on or before September 13, 1995, and reply 
comments are due on or before September 18, 1995.

ADDRESSES: Federal Communications Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:
Martin Liebman, Wireless Telecommunications Bureau (202) 418-1310.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Fourth Notice of Proposed Rule Making in PR Docket No. 89-552, and GN 
Docket No. 93-252, FCC 95-381, adopted August 28, 1995, and released 
August 29, 1995. The complete text of this Fourth Notice of Proposed 
Rule Making is available for inspection and copying during normal 
business hours in the FCC Reference Center (Room 239), 1919 M Street, 
NW., Washington DC, and also may be purchased from the Commission's 
copy contractor, International Transcription Service, (202) 857-3800, 
2100 M Street, NW., Suite 140, Washington DC 20037.

Synopsis of Notice of Proposed Rule Making

    1. In this Fourth Notice of Proposed Rulemaking (220 MHz Fourth 
Notice), the Commission seeks comment on proposed rules that will allow 
existing, i.e., Phase I licensees in the 220 MHz service to seek minor 
modifications of their licenses to construct and operate base stations 
at currently unauthorized locations. The Commission proposes to define 
a minor modification for the 220 MHz service as any change in an 
existing licensee's authorized base station location such that, at the 
new station location, transmissions do not exceed a predicted field 
strength of 38 dBuV/m at the edge of the licensee's existing service 
area, and the Commission proposes to define the edge of a licensee's 
existing service area as the predicted 38 dBuV/m field strength contour 
resulting from transmissions from the licensee's currently authorized 
base station. The Commission's goal in proposing this licensing 
procedure is to enable Phase I 220 MHz licensees to provide service 
within the geographic area they could serve pursuant to their initial 
applications, while accommodating those licensees that need to relocate 
their base stations for technical or other reasons.
    2. The Commission believes that most licensees will be able to 
locate alternative sites relatively close to their authorized site so 
that they will not be required to reduce their power or antenna height 
significantly. However, to enable 220 MHz licensees who desire to move 
greater distances from their authorized site to serve as much of their 
original area as possible, the Commission proposes to allow all 
licensees modifying their authorizations 

[[Page 46567]]
to construct an unlimited number of additional, or ``fill-in'' base 
stations within their existing service area contour so long as the 
transmissions from these sites to not exceed the predicted field 
strength of 38 dBuV/m at the edge of their existing service area 
contour.
    3. The Commission also proposes to allow those 220 MHz licensees 
that are situated in areas of the nation where signal levels could be 
affected by unusual terrain to move to alternate locations and operate 
at transmitter powers and antenna heights greater than would be allowed 
using Figure 10 of Section 73.699 of the Commission's Rules if they 
provide a technical showing, using established terrain models, to 
justify the use of higher powers and antenna heights.
    4. The Commission modification proposal, if adopted, will permit 
220 MHz licensees to obtain permanent authorization to operate at 
alternative locations. A number of 220 MHz licensees, however, have 
obtained Special Temporary Authority (STA) to allow them to operate 
stations temporarily at such locations. The Commission believes that 
those licensees who have obtained STAs and have constructed and are 
operating stations will be accommodated by its modification proposal. 
The Commission therefore proposes that licensees with STAs who seek 
permanent authorization at their STA site be required to comply with 
the Commission's modification proposal.
    5. The Commission intends to adopt a Report and Order in this 
proceeding as soon as possible to set forth procedures for minor 
modification of 220 MHz licenses. Shortly thereafter, the Commission 
will open a filing window to allow applicants to file modification 
applications. Licensees will then obtain an authorization to construct 
a base station at their desired location and under their new operating 
parameters. The Commission proposes that this authorization, which 
replaces the licensees's existing authorization, will be the licensee's 
``service area authorization'' and that thereafter the base station 
constructed under the service area authorization will be the licensee's 
``primary base station.''
    6. Although the Commission intends to grant applications for 
service area authorizations within a short time of their receipt, it is 
concerned that licensees obtaining such authorizations may not have 
sufficient time to construct their primary base stations by the 
December 31, 1995, construction and operation deadline. Therefore, for 
all licensees obtaining service area authorizations, the Commission 
will extend the deadline for the construction and operation of their 
primary base stations to a date 4 months after the grant of their 
service area authorization. Licensees not granted service area 
authorizations must still construct their currently authorized base 
stations and begin operation by December 31, 1995. Licensees obtaining 
service area authorizations may construct fill-in stations, but will be 
required to notify the Commission of their construction. The authority 
to operate fill-in stations will then be granted through minor 
modification of the licensee's service area authorization.
    7. Finally, with the requirement, under our modification proposal, 
that the predicted field strength of transmissions from a licensee's 
primary base station not exceed 38 dBuV/m at the licensee's existing 
service area contour, the Commission is concerned that licensees 
obtaining service area authorizations could place into operation a 
primary base station of minimal power simply to meet their construction 
requirement. To prevent this from occurring, the Commission proposes to 
require licensees seeking service area authorizations to operate their 
primary base station at a power and antenna height that will result in 
the transmission of a predicted signal of 38 dBuV/m or more over at 
least 50 percent of the licensee's existing service area.
    8. The Commission will require parties commenting on this proposal 
to file comments within 15 days of the release of this item and to file 
reply comments 5 days thereafter.

Administrative Matters

    9. Pursuant to applicable procedures set forth in Sections 1.415 
and 1.419 of the Commission's Rules, 47 CFR 1.415 and 1.419, interested 
parties may file comments on or before September 13, 1995, and reply 
comments on or before September 18, 1995. To file formally in this 
proceeding, you must file an original plus four copies of all comments, 
reply comments, and supporting comments. If you want each Commissioner 
to receive a personal copy of your comments, you must file an original 
plus nine copies. You should send comments and reply comments to Office 
of the Secretary, Federal Communications Commission, Washington, DC 
20554. Comments and reply comments will be available for public 
inspection during regular business hours in the FCC Reference Center 
(Room 239), 1919 M Street, NW, Washington, DC 20554.
    10. This is a non-restricted notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in the 
Commission Rules, See generally 47 CFR 1.1202, 1.1203, and 1,1206(a).

Initial Regulatory Flexibility Act Statement

I. Reason for Action
    The action is taken to complete the implementation of the statutory 
and regulatory revisions applicable to the 220 MHz service by Congress 
in the Omnibus Budget Reconciliation Act of 1993 and by the Commission 
in several orders adopted in GN Docket No. 93-252 pertaining to a 
framework for the acceptance of initial or modification applications 
for the 220 MHz service.

II. Objectives of this Action

    The Commission's primary goal is to establish a flexible regulatory 
scheme that will allow for more efficient licensing, eliminate 
unnecessary regulatory burdens on existing Phase I, non-nationwide 
licensees, and enhance the competitive potential of 220 MHz services in 
the mobile marketplace.

III. Legal Basis

    The proposed action is authorized under Sections 4(i), 303(r), and 
332 of the Communications Act of 1934, as amended.

IV. Description, Potential Impact and Number of Small Entities Affected

    There are approximately 3,800 non-nationwide licensees authorized 
under Phase I licensing of the 220 MHz band. The potential impact of 
the proposals contained in this decision on small businesses is hard to 
predict without the benefit of comment, and the actual impact will 
depend on the final action taken. The intention of this action is to 
provide these Phase I non-nationwide licensees, which are authorized 
under site-specific licenses, with more flexibility with a minimum 
increased burden. The Commission, in drafting these proposals, has 
tried to balance the needs of all licensees and potential licensees. 
For example, to afford Phase I non-nationwide licensees increased 
flexibility to meet consumer demand and the ability to compete with 
future 220 MHz licensees and other CMRS licensees, licensees would be 
permitted to relocate a base station or construct fill-in stations 
anywhere within a service area to be defined by their existing 38 dBuV/
m service contour, as long as the transmissions from the new sites do 
not extend beyond that contour. 

[[Page 46568]]
As an example of proposed rules decreasing restrictions on these Phase 
I licensees, a licensee seeking to relocate within the newly defined 
service area would file a modification application to replace its 
existing site-specific authorization with a service area authorization 
that permits relocation on a permissive basis through minor 
modification of the service area authorization. Moreover, the existing 
deadline of December 31, 1995, imposed on Phase I licenses for the 
construction and operation of primary base stations will be extended to 
a date four months after the grant of the proposed service area 
authorization.

V. Reporting, Recordkeeping and Other Compliance Requirements

    The Commission is proposing to generally decrease the burden on 
non-nationwide, Phase I licensees. A licensee would be able to replace 
its existing site-specific authority with an authorization that permits 
it to relocate authorized base stations or add fill-in base stations 
within an area to be defined by its existing 38 dBuV/m service contour 
through minor modification procedures. However, the licensee would be 
required to file a modification application during a filing window to 
be established upon the adoption of final rules in order to obtain the 
authorization to operate within the proposed service area. Also, the 
licensee would be required to notify the Commission of the construction 
of any fill-in stations.

VI. Federal Rules which Overlap, Duplicate, or Conflict with these 
Proposals

    None.

VII. Significant Alternatives

    The Commission believes that the modification licensing procedure 
proposed for non-nationwide Phase I licensees represents the best 
balance of providing them with the most flexibility and the least 
regulatory burden possible. It enables licensees to exchange their 
site-specific license for a broad, service-area license that permits 
them to move sites freely within the transmission area of the existing 
license through modification applications, while ensuring that 
transmissions do not extend to new geographic areas so as to require 
competing applications under initial application procedures.
    11. As required by Section 603 of the Regulatory Flexibility Act, 
the Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the expected impact on small entities of the proposals 
suggested in this document. Written public comments are requested on 
the IRFA. These comments must be filed in accordance with the same 
filing deadlines as comments on the rest of this Fourth Notice of 
Proposed Rulemaking, but they must have a separate and distinct heading 
designating them as responses to the Initial Regulatory Flexibility 
Analysis. The Secretary shall send a copy of this Fourth Notice of 
Proposed Rulemaking, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration in accordance with paragraph 603(a) of the Regulatory 
Flexibility Act. Pub. L. No. 96-354, 94 Stat. 1164, 5 U.S.C. Section 
601 et seq. (1981).
    12. Authority for issuance of this Fourth Notice of Proposed 
Rulemaking is contained in Sections 4(i), 303r, and 332 of the 
Communications Act of 1934 as amended; 47 U.S.C. 154(i), 303(r), and 
332.

List of Subjects in 47 CFR Part 90

    Business and industry, Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-22294 Filed 9-6-95; 8:45 am]
BILLING CODE 6712-01-M