[Federal Register Volume 60, Number 173 (Thursday, September 7, 1995)]
[Rules and Regulations]
[Pages 46537-46538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22295]



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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90

[PR Docket No. 89-552, GN Docket No. 93-252, and PP Docket No. 93-253; 
FCC 95-312]


Wireless Telecommunications Services; Private Land Mobile Radio 
Service

AGENCY: Federal Communications Commission.

ACTION: Final rule; petitions for reconsideration.

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SUMMARY: In this Second Memorandum Opinion and Order portion of the 
adopted Second Memorandum Opinion and Order and Third Notice of 
Proposed Rulemaking, the Commission denies a Petition for 
Reconsideration filed by SunCom Mobile & Data, Inc., denies waiver 
requests filed by Northeast Florida Telephone Company, Wireless Plus, 
Inc., and the 220 MHz QO Coalition, grants a Petition to Sever filed by 
SunCom Mobile & Data, Inc., and extends the deadline for non-nationwide 
220 MHz licensees authorized within Line A of the Canadian border to 
construct and operate their stations to a date 12 months after the date 
that the terms of an agreement with Canada are released. These actions 
are taken in response to these requests and petitions.

EFFECTIVE DATE: September 7, 1995.

FOR FURTHER INFORMATION CONTACT:
Martin Liebman, Wireless Telecommunications Bureau (202) 418-1310, or 
Rhonda Lien, Wireless Telecommunications Bureau (202) 418-0620.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Second Memorandum 
Opinion and Order portion of the Commission's Second Memorandum Opinion 
and Order and Third Notice of Proposed Rulemaking in PR Docket No. 89-
552, GN Docket No. 93-252, and PP Docket No. 93-253, FCC 95-312, 
adopted July 28, 1995, and released August 28, 1995. The summary of the 
Third Notice of Proposed Rulemaking portion of this decision may be 
found elsewhere in this edition of the Federal Register. The complete 
text of this decision 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, at 
(202) 857-3800, 2100 M Street NW., Suite 140, Washington, DC 20037.

Synopsis of the Second Memorandum Opinion and Order Portion of the 
Second Memorandum Opinion and Order and Third Notice of Proposed 
Rulemaking

    1. The Commission, in a Third Report and Order in GN Docket 93-252 
(59 FR 59945, November 21, 1994) denied a Request for Declaratory 
Ruling filed by SunCom Mobile & Data, Inc. (SunCom) which sought 
approval to aggregate non-nationwide 220 MHz five-channel blocks on a 
regional basis to provide multiple-market service on a single system. 
The Commission denied a concurrently filed waiver request by SunCom to 
allow an extended period for the construction of its system. SunCom 
filed a Petition for Reconsideration of these decisions. Wireless Plus, 
Inc., a manager of 220 MHz stations, filed a waiver request similar to 
SunCom's Request for Declaratory Ruling. The Commission now denies 
these three requests.
    2. SunCom also filed a Petition to Sever its Requests for 
Declaratory Ruling and for Waiver from GN Docket No. 93-252, and from 
other petitions for reconsideration of the Third Report and Order in GN 
Docket 93-252. SunCom asked that the Commission act expeditiously on 
its Petition for Reconsideration. The Commission is incorporating 
SunCom's Petition for Reconsideration into this proceeding for 
disposition, and its Petition to Sever is therefore granted.
    3. The Commission received waiver requests from the 220 MHz QO 
Coalition and Northeast Florida Telephone Company seeking waiver of our 
rules to permit licensees authorized on Channels 171-180 to operate in 
the trunked mode. The Commission denies both of these requests.
    4. The Commission extends the construction deadline for Phase I 
non-nationwide 220 MHz licensees located within Line A of the Canadian 
border until 12 months after the signing of an agreement with Canada on 
the sharing of 220-222 MHz channels near the border.
    5. Authority for issuance of the decision is contained in Sections 
4(i), 303(r), and 332 of the Communications Act of 1934, as amended; 47 
U.S.C. 154(i), 303(r), and 332.

Ordering Clauses

    6. Accordingly, IT IS ORDERED that the Petition to Sever filed by 
SunCom Mobile & Data, Inc., IS GRANTED.
    7. IT IS FURTHER ORDERED that the Petition for Reconsideration 
filed by SunCom Mobile & Data, Inc., IS DENIED.

[[Page 46538]]

    8. IT IS FURTHER ORDERED that the Request for Rule Waiver filed by 
Wireless Plus, Inc., IS DENIED.
    9. IT IS FURTHER ORDERED that the Request for Rule Waiver filed by 
the 220 MHz QO Coalition IS DENIED.
    10. IT IS FURTHER ORDERED that the Petition for Rule Waiver filed 
by Northeast Florida Telephone Company IS DENIED.
    11. IT IS FURTHER ORDERED that the deadline for non-nationwide 220 
MHz licensees authorized within Line A of the Canadian border to 
construct and operate their stations is extended to a date 12 months 
after the date that the terms of an agreement with Canada are released.

List of Subjects in 47 CFR Part 90

    Business and industry, Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-22295 Filed 9-6-95; 8:45 am]
BILLING CODE 6712-01-M