[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3840-3846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2324]



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[[Page 3841]]


FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PR Docket No. 89-552, GN Docket No. 93-252; FCC 96-27]


Wireless Telecommunications Services; Private Land Mobile Radio 
Service

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission adopts a procedure that will enable 220 MHz 
licensees to modify their licenses to relocate their authorized base 
stations at currently unauthorized locations. The Commission also 
extends the current February 2, 1996, construction deadline to March 
11, 1996, for all non-nationwide 220 MHz licensees that elect to 
construct their base station at their currently authorized location, 
and to August 15, 1996, for all licensees granted authority to modify 
their licenses to relocate their base station. The action adopted in 
this Second Report and Order is needed to provide existing 220 MHz 
licensees with the flexibility they need to complete construction of 
their systems and provide service. This Second Report and Order 
contains proposed or modified information collections subject to the 
Paperwork Reduction Act of 1995 (PRA). It has been submitted to the 
Office of Management and Budget (OMB) for review under the PRA. OMB, 
the general public, and other Federal agencies are invited to comment 
on the proposed or modified information collections contained in this 
proceeding.

EFFECTIVE DATE: The extensions of the construction deadline is 
effective January 26, 1996. The rule amendmentes are effective March 4, 
1996. Letters of intent and modification applications may be filed 
after March 4, 1996. Written comments by the public on the proposed 
and/or modified information collections are due by February 23, 1996. 
Written comments must be submitted by the Office of Management and 
Budget (OMB) on the proposed and/or modified information collections on 
or before March 1, 1996.

ADDRESSES: In addition to filing comments with the Secretary, a copy of 
any comments on the information collections contained herein should be 
submitted to Dorothy Conway, Federal Communications Commission, Room 
234, 1919 M Street, N.W., Washington, DC 20554, or via the Internet to 
[email protected], and to Timothy Fain, OMB Desk Officer, 10236 NEOB, 725 
17th Street, N.W., Washington, DC 20503 or via the Internet to fain_
[email protected].

FOR FURTHER INFORMATION CONTACT: Marty Liebman, 202-418-1310, or Mary 
Woytek, 202-418-1066. For additional information concerning the 
information collections contained in this Second Report and Order 
contact Dorothy Conway at 202-418-0217, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Second Report and 
Order in PR Docket No. 89-552 and GN Docket No. 93-252, FCC 96-27, 
adopted January 26, 1996, and released January 26, 1996. The complete 
text of this Second Report and Order is available for inspection and 
copying during normal business hours in the FCC Reference Center (Room 
239), 1919 M Street, N.W., Washington, D.C., and also may be purchased 
from the Commission's copy contractor, International Transcription 
Service, at (202) 857-3800, 2100 M Street, N.W., Suite 140, Washington, 
D.C. 20037.

Synopsis of the Second Report and Order

    The Commission adopts a procedure that will enable 220 MHz 
licensees to modify their licenses to relocate their authorized base 
stations to currently unauthorized locations. Under this procedure, 
licensees with base stations authorized inside any Designated Filing 
Area (DFA) will be permitted to relocate their base stations up to one-
half the distance over 120 kilometers (km) toward any authorized co-
channel base station, to a maximum distance of 8 km. Licensees with 
base stations authorized outside the boundaries of any DFA will be 
permitted to relocate their base stations up to one-half the distance 
over 120 km toward any authorized co-channel base station, to a maximum 
distance of 25 km, so long as they do not locate their base station 
more than 8 km inside the boundaries of any DFA. A licensee will be 
permitted to relocate its base station less than 120 km from the base 
station of a co-channel licensee or more than one-half the distance 
over 120 km toward the base station of a co-channel licensee only with 
the consent of that licensee.
    The Commission also extends the current February 2, 1996, 
construction deadline to March 11, 1996, for all non-nationwide 220 MHz 
licensees that elect to construct their base station at their currently 
authorized location, and to August 15, 1996, for all licensees granted 
authority to modify their licenses to relocate their base stations. 
Licensees seeking authority to modify their authorizations to relocate 
their base stations may file, by March 11, 1996, a statement of their 
intention to file an application requesting such modification, and will 
be required to file a modification application by no later than May 1, 
1996. The Commission believes that the procedures adopted in this Order 
will provide existing 220 MHz licensees flexibility to complete 
construction of their systems and provide service. At the same time, 
the Commission believes its decision will not unreasonably impair the 
opportunity of potential licensees to obtain licenses in the 220 MHz 
service.
    The Commission began accepting applications for 220 MHz licenses on 
May 1, 1991, and on May 24, 1991, after receiving over 59,000 
applications, imposed a freeze on the filing of all initial and 
modification applications for the 220 MHz service--a freeze that 
remains in effect today. Since then, the Commission has issued 
authorizations to approximately 3,800 licensees to operate ``non-
nationwide'' 220 MHz stations. A number of 220 MHz licensees have asked 
to be permitted to file modification applications to relocate their 
stations to currently unauthorized sites. In response, the Commission 
released, on August 29, 1995, the Fourth Notice of Proposed Rulemaking 
in this proceeding (Fourth NPRM), 60 FR 46566, September 7, 1995) 
proposing a procedure to enable existing licensees in the 220 MHz 
service to seek modification of their authorizations to relocate their 
base stations.
    While the Commission is ordinarily reluctant to open a ``license 
modification only'' filing window, where the applications of initial 
applicants would not be accepted, it recognizes that the 220 MHz 
service is unique. Evans v. Federal Communications Commission, Order, 
per curiam, Case No. 92-1317 (D.C. Cir. March 18, 1994), effectively 
placed all of the more than 3,000 authorizations the Commission granted 
in the 220 MHz service in doubt for nearly a two-year period, and 
caused many licensees to refrain from constructing their stations. 
Following the settlement of the case, the deadline for licensees to 
construct their systems and place them in operation was extended on 
four separate occasions to allow licensees sufficient time to construct 
their systems. However, with several years having passed since 220 MHz 
licensees filed their applications, many licensees have found that, for 
various reasons, they are unable to construct at their authorized 
locations. In light of these circumstances, the Commission is adopting 
a modification 

[[Page 3842]]
procedure which will provide these licensees an opportunity to 
construct their radio stations and offer mobile communications service 
to the public. The Commission believes that this modification procedure 
will also increase the number of potential users of the 5 kHz 
narrowband radio equipment and thus help to promote the development and 
implementation of this spectrally efficient technology.
    The Commission will afford non-nationwide 220 MHz licensees the 
opportunity to relocate their authorized base stations by filing 
modification applications under the following procedure:
    (1) A licensee with an authorized base station located in a DFA 
will be permitted to relocate its base station up to one-half the 
distance over 120 km toward any co-channel licensee's initially 
authorized base station, to a maximum distance of 8 km.
    (2) A licensee with an authorized base station not located in a DFA 
may relocate its base station up to one-half the distance over 120 km 
toward any co-channel licensee's initially authorized base station, to 
a maximum distance of 25 km, so long as it does not locate its base 
station more than 8 km inside of any DFA (i.e., not more than 8 km from 
the nearest DFA boundary line).
    (3) The application of a licensee proposing a modification to 
relocate its base station at least 120 km from each co-channel 
licensee's initially authorized base station but more than one-half the 
distance over 120 km toward the base station of a co-channel licensee 
will be accepted by the Commission only with the consent of that co-
channel licensee, as evidenced in a letter submitted concurrently with 
the modification application.
    (4) The application of a licensee proposing a modification 
resulting in less than 120 km separation from a co-channel licensee's 
initially authorized base station will be accepted by the Commission 
only with the consent of that co-channel licensee, as evidenced in a 
letter submitted concurrently with the modification application.
    (5) Any modification application that does not meet these standards 
will be considered defective and dismissed.

All licensees applying for modification of their authorization must 
also ensure that they comply with all applicable technical and 
operational rules (e.g., Section 90.723(d) and Section 90.729 of the 
Commission's Rules).
    While the Commission believes that this decision will accommodate 
the needs of most 220 MHz licensees to relocate their base stations, we 
recognize that in certain areas of the Nation it is possible that the 
technical characteristics of base station sites available under our 
relocation procedure may be considerably inferior to the technical 
characteristics of currently licensed sites and sites that may exist at 
nearby, more elevated locations. Because of their unique terrain 
features, the Commission has historically treated licensees authorized 
to serve these areas differently than licensees authorized elsewhere in 
the Nation. The Commission therefore believes that it would be 
appropriate to entertain waiver requests by licensees authorized in any 
urban areas with such unique terrain features, to relocate their 
stations to sites at higher elevations that may be situated more than 8 
km (or 25 km, for licensees authorized outside DFAs) from their 
authorized location. A licensee seeking such a waiver of Section 90.753 
of the Commission's Rules must provide: (1) A showing that the terrain 
in question does, in fact, present unique technical and operational 
problems; and (2) a technical analysis demonstrating that in relocating 
its base station to its desired location at a higher elevation, the 
licensee will provide service to substantially the same geographic area 
it was authorized to serve pursuant to its initial application.
    The Commission notes that there are five groups of applications 
(totalling 34 applications) that were filed on the last day 220 MHz 
applications were accepted in May 1991, and that remain pending before 
the Commission. These applications are mutually exclusive with one 
another and, in each of the five groups, the applicants have requested 
the same base station locations. How these 34 applications are to be 
ultimately processed is a matter raised in the context of the Third 
Notice of Proposed Rulemaking (Third NPRM) in this Docket (60 FR 46564, 
September 17, 1995). Prior to reaching decisions in that proceeding, 
the Commission will not take any action in this Second R&O that would 
affect the rights of these applicants, either positively or negatively, 
to be licensed or, once licensed, to take advantage of the relocation 
options being afforded to other existing 220 MHz licensees. The 
Commission's analysis indicates that if we were to allow certain 
existing 220 MHz licensees, located between 120 km and 170 km from one 
of the five base station locations, to relocate under the modification 
procedure as though these pending applications did not exist, the 
licensees granted licenses at these locations, once authorized, would 
not be able to relocate their base stations under the procedure. The 
Commission will therefore require the following licensees to ensure 
that, in seeking relocation of their base stations pursuant to this 
Second R&O, they comply with our modification procedure by protecting a 
possible co-channel station at the following locations.
    The following licensees must protect a possible co-channel licensee 
at coordinates N 30.5221, W 083.2036:

Licensee (Call Sign) Distance to Coordinates (km)

WPCB732..........................................................163.87
WPCW990..........................................................163.87

    The following licensees must protect a possible co-channel licensee 
at coordinates N 36.3628, W 121.0951:

Licensee (Call Sign) Distance to Coordinates (km)

WPCY266..........................................................140.77
WPCA288..........................................................140.77
WPCV737..........................................................140.90
WPCX490..........................................................140.77
WPCW812..........................................................140.90
WPCX487..........................................................140.77
WPBU519..........................................................140.77
WPBZ605..........................................................154.53
WPCW456..........................................................154.53
WPCX473..........................................................163.16
WPCY621..........................................................123.67
WPCK365..........................................................123.67
WPCR214..........................................................123.67
WPCX477..........................................................165.01
WPCW482..........................................................156.40
WPCJ969..........................................................168.09
WPCX469..........................................................157.27

    The following licensees must protect a possible co-channel licensee 
at coordinates N 42.1551, W 089.0155:

Licensee (Call Sign) Distance to Coordinates (km)

WPBU711..........................................................123.19
WPCM336..........................................................123.19
WPCX791..........................................................123.19
WPCD923..........................................................123.45
WPCA452..........................................................120.23
WPCT282..........................................................126.45
WPCK616..........................................................130.69
WPCA720..........................................................125.51
WPCA717..........................................................125.51
WPCA301..........................................................152.08
WPDG617..........................................................143.76
WPCV785..........................................................152.08
WPDH432..........................................................143.76
WPCB933..........................................................143.76
WPDR932..........................................................123.19

    The following licensees must protect a possible co-channel licensee 
at coordinates N 33.2753, W 080.5642:

Licensee (Call Sign) Distance to Coordinates (km)

WPCC592..........................................................126.82
WPCQ606..........................................................126.82
WPBR454..........................................................137.48

[[Page 3843]]
.......................................................................
WPCK496..........................................................158.29
WPCP569..........................................................158.29
WPDG323..........................................................163.37

    The following licensees must protect a possible co-channel licensee 
at coordinates N 35.0658, W 078.5558:

Licensee (Call Sign) Distance to Coordinates (km)

WPCD332..........................................................138.40
WPCV776..........................................................136.08
WPCW524..........................................................131.16

    Licensees with authorized base stations identified above as being 
located more than 136 km from a protected base station site and located 
in a DFA are still restricted to relocations of no greater than 8 km.
    The Second R&O next determines that licensees with Special 
Temporary Authority (STA) to operate base stations at alternative 
locations, who certify, in accordance with this Second R&O that it has 
constructed its base station and has placed it in operation, or 
commenced service at that site by the adoption date of this decision, 
will be permitted to seek permanent authorization at the site, in 
accordance with the procedures for filing modification applications 
established the full text of this Second R&O, regardless of whether 
locating at its STA site is in strict conformance with the relocation 
distance limitations prescribed in the Commission's modification 
procedure.
    For the same reasons, the Commission will provide similar relief to 
licensees that are in the process of constructing their base station at 
their STA site. Such licensees will be permitted to seek permanent 
authorization at their STA site, in accordance with the procedures for 
filing modification applications established in the full text of this 
Second R&O, regardless of whether locating their station at its STA 
site is in strict conformance with the relocation distance limitations 
prescribed in our modification procedure, if they certify that they had 
taken delivery of their base station transceiver on or before the 
adoption date of this decision. A licensee seeking permanent 
authorization at its STA site under either of these conditions must 
ensure that it complies with all applicable technical and operational 
rules (e.g., Section 90.723 and Section 90.729 of the Commission's 
Rules).
    The current deadline for non-nationwide 220 MHz licensees to 
construct and operate their base station is February 2, 1996. With the 
adoption and release of this Second R&O occurring close to this 
February date, the Commission believes that it is appropriate to give 
licensees sufficient time to decide whether they want to relocate their 
base station under our modification procedure, and then to construct 
their base station and begin operation. The Commission will therefore 
extend the construction deadline for all non-nationwide 220 MHz 
licensees that intend to construct their base station at their 
currently authorized location to March 11, 1996. For licensees that 
elect to modify their authorization to relocate their base station, the 
deadline shall be August 15, 1996.
    The Commission will begin to accept modification applications from 
licensees seeking to relocate their base stations 30 days after 
publication of the summary of this Second R&O in the Federal Register. 
The deadline for filing modification applications will be May 1, 1996. 
If a licensee does not construct its base station and place it in 
operation, or commence service, at its currently authorized location on 
or before March 11, 1996, and, instead, chooses to seek modification of 
its authorization to relocate its base station, it must inform the 
Commission on or before March 11, 1996, of its intention to seek a 
license modification. Otherwise its authorization will cancel 
automatically at the close of March 11, 1996. Because the Commission 
recognizes that the relatively short time period between the release of 
this Second R&O and the March 11, 1996 date may not be sufficient to 
enable licensees to evaluate the decisions reached in this Second R&O, 
acquire an alternative base station site, and perform the necessary 
technical analysis needed to file a modification application, the 
Commission will permit licensees to submit a letter during the period 
beginning 30 days after publication of the summary of this Second R&O 
in the Federal Register, but no later than March 11, 1996, certifying 
to the Commission their intent to file an application to modify their 
authorization to relocate their base station. This letter will serve to 
extend a licensee's authorization past March 11, 1996, even if the 
licensee has not yet identified and secured an alternate site. The 
Commission will then allow licensees to file their modification 
applications requesting relocation of their base station any time after 
this date, but no later than May 1, 1996. If a licensee files a letter 
indicating its intent to file a modification application and does not 
file such an application on or before May 1, 1996, the licensee's 
existing authorization will cancel automatically unless the licensee 
had constructed its base station at its initially authorized location 
and placed it in operation, or commenced service, on or before March 
11, 1996. To ensure that licensees are provided an adequate 
construction period, the Commission will extend the deadline for a 
licensee to construct its station and place it in operation, or 
commence service, beyond August 15, 1996, by the number of days after 
June 1, 1996, that pass before a licensee's timely filed modification 
application is actually granted.
    If a licensee elects to construct its base station and place it in 
operation, or commence service, at its initially authorized location on 
or before March 11, 1996, and also seeks to modify its authorization to 
relocate the station, its construction deadline will be considered to 
be met if it constructs its base station and places it in operation, or 
commences service, on or before March 11, 1996, and it will be given 
until August 15, 1996, to construct and place in operation its base 
station, or commence service, at its new station location. If the 
application for modification of any licensee seeking relocation of its 
base station is denied for any reason, that licensee's existing 
authorization will cancel automatically unless the licensee has 
constructed its base station at its initially authorized location and 
placed it in operation, or commenced service, by March 11, 1996.
    The application of a licensee seeking relocation of its base 
station should include the following:
    (1) A Form 600 requesting station modification, and providing all 
applicable information.
    (2) Certification that the location of the proposed base station is 
in conformance with the modification procedures adopted in this 
proceeding, or a letter evidencing consent of a co-channel licensee 
that the licensee may be authorized less than 120 km from the co-
channel licensee or more than one-half the distance over 120 km toward 
the base station of a co-channel licensee.
    (3) For licensees with STAs (if applicable, and as provided in the 
Second Report and Order), certification that (a) the licensee has 
constructed its base station and placed it in operation, or commenced 
service, at its STA site on or before the adoption date of this Second 
R&O or (b) the licensee had taken delivery of its base station 
transceiver on or before the adoption date of this Second R&O.
    (4) Certification that the licensee has constructed its base 
station and placed it in operation, or commenced service, at its 
initially authorized location on or before March 11, 1996 (if 
applicable).

[[Page 3844]]

    The Second R&O considers the issue of meeting the construction and 
operation requirement, and determines that ``grandfathered'' CMRS 
licensees and PMRS licensees would be required to meet their ``placed 
in operation'' requirement by satisfying the provisions of Section 
90.155 of the Commission Rules and all ``non-grandfathered'' CMRS 
licensees would be required to meet the ``commencement of service'' 
requirement as provided under Section 90.167 of the Commission's Rules. 
However, to eliminate any confusion on the part of 220 MHz licensees as 
to which station construction and operation requirement they must 
follow, the Commission will allow all 220 MHz licensees to meet their 
applicable deadline (i.e., March 11, 1996, for licensees constructing 
their base station at their initially authorized location, and August 
15, 1996, for licensees granted license modification to relocate their 
base station) by constructing their base station and satisfying either 
the ``placed in operation'' provisions of Section 90.155 or the 
``commencement of service'' provisions of Section 90.167.
    Fred Daniel d/b/a Orion Telecom (Orion) asks that the Commission 
modify Section 90.723(d) of the Rules to require that base station 
transmitters utilizing channels assigned from Sub-Band A be 
geographically separated from AMTS base station receivers utilizing 
channels within 200 kHz of the Sub-Band A channel. The Commission does 
not believe that the current record is adequate to determine the merits 
of Orion's request, and finds it would be more appropriate to consider 
it as part of a separate proceeding. The Commission invites Orion to 
submit its request for relief in the form of a Petition for Rulemaking.
    Finally, in the Third NPRM, the Commission extended the 
construction deadline for Phase I 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. Since the Commission did not amend the appropriate rules at the 
time of the adoption of the Third NPRM, we will take the opportunity to 
do so in this proceeding.

Procedural Matters; Ordering Clauses

Final Regulatory Flexibility Analysis.

    Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 605, 
it is certified that this decision will have an impact on small 220 MHz 
operators. As detailed in the full text of the Second Report and Order, 
the actions taken in this decision were initiated in response to 
requests by 220 MHz licensees to establish a flexible license 
modification procedure that will end a freeze on the acceptance of 
modification applications and will give existing 220 MHz licensees the 
ability to relocate their authorized base stations to currently 
unauthorized sites. This action will enhance the competitive potential 
of 220 MHz services in the commercial radio service marketplace. The 
Commission believes the alternative adopted in this decision represents 
the best balance of providing licensees, many of whom may be considered 
small businesses, with the most flexibility and the least regulatory 
burden possible. The full text of the Commission's final regulatory 
flexibility analysis may be found in Appendix B of the full text of 
this Second R&O.

Paperwork Reduction Act

    This Second Report and Order contains either a proposed or modified 
information collection. The Commission, as part of its continuing 
effort to reduce paperwork burdens, invites the general public and the 
Office of Management and Budget (OMB) to comment on the information 
collections contained in this Second Report and Order, as required by 
the Paperwork Reduction Act of 1995, Pub. L. No. 104-13. Public and 
agency comments are due February 23, 1996; OMB comments are due March 
1, 1996. Comments should address: (a) whether the proposed collection 
of information is necessary for the proper performance of the functions 
of the Commission, including whether the information shall have 
practical utility; (b) the accuracy of the Commission's burden 
estimates; (c) ways to enhance the quality, utility, and clarity of the 
information collected; and (d) ways to minimize the burden of the 
collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology.
    OMB Approval Number: __________
    Title: Private Land Mobile Radio Services Part 90.
    Form No.: __________
    Type of Review: New collection.
    Respondents: 220 MHz licensees seeking to modify their 
authorizations to relocate their base stations.
    Number of Respondents: 500.
    Estimated Time Per Response: 3.8 hours.
    Total Annual Burden: 1,900.
    Needs and Uses: The information collected will be used by the 
Commission to verify licensee compliance with Commission rules and 
regulations, to ensure the integrity of the 220 MHz service and to 
ensure that licensees continue to fulfill their statutory 
responsibilities in accordance with the Communications Act of 1934.
    It is ordered that the Final Regulatory Flexibility Analysis, as 
required by Section 604 of the Regulatory Flexibility Act, and as set 
forth in Appendix B of the full text of this decision, is adopted.
    It is further ordered that pursuant to the authority of Sections 
4(i), 303(d), 303(r) and 332 of the Communications Act of 1934, as 
amended, 47 U.S.C. Secs. 154(i), 303 (d), 303(r) and 332, Part 90 of 
the Commission's Rules, 47 CFR Part 90, is amended as set forth below 
effective 30 days after publication of the summary of this Second 
Report and Order in the Federal Register.
    It is further ordered that non-nationwide 220 MHz licensees may 
file a letter with the Acting Secretary of the Commission indicating 
their intent to file an application to modify their authorizations to 
relocate their base stations 30 days after publication of the summary 
of this Second Report and Order in the Federal Register, but no later 
than March 11, 1996.
    It is further ordered that non-nationwide 220 MHz licensees may 
file applications to modify their authorizations to relocate their base 
stations 30 days after publication of the summary of this Second Report 
and Order in the Federal Register, but no later than May 1, 1996.
    It is further ordered that the deadline for non-nationwide 220 MHz 
licensees to construct their base station and place it in operation, or 
commence service, is extended from February 2, 1996, to March 11, 1996, 
and that the effective date of this extension is the adoption date of 
this Second Report and Order. The current deadline for non-nationwide 
220 MHz licensees to construct and operate their base stations is 
February 2, 1996. With the adoption and release of the Second Report 
and Order occurring within 30 days of that date, there is good cause to 
order this rule change to take effect upon the adoption of this Second 
Report and Order.
    It is further ordered that non-nationwide 220 MHz licensees that 
file a modification application on or before March 11, 1996, or a 
letter in accordance with this Order indicating an intent to modify 
their authorization to relocate their base station shall be granted an 
extension of the deadline to construct their base station and place it 
in operation, or commence service, until August 15, 1996, if the 
modification application is ultimately granted.
    It is further ordered that the request by the American Mobile 
Telecommunications Association to 

[[Page 3845]]
extend the current February 2, 1996, deadline for non-nationwide 220 
MHz licensees to construct their stations and place them in operation 
to a date 120 days after the effective date of this Second R&O is 
denied.
    It is further ordered that the Acting Secretary shall transmit a 
copy of this Second Report and Order to the Chief Counsel for Advocacy 
of the Small Business Administration.

List of Subjects in 47 CFR Part 90

    Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Revisions to Commission Rules

    47 CFR Part 90 is amended as follows:

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    1. The authority citation for Part 90 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, and 332, unless otherwise noted.

    2. Section 90.723(f) is revised to read as follows:


Sec. 90.723  Selection and assignment of frequencies.

* * * * *
    (f) Except for nationwide assignments, the separation of co-channel 
base stations shall be 120 kilometers. Except for licensees seeking 
license modification in accordance with the provisions of Sections 
90.751 and 90.753, shorter separations will be considered on a case-by-
case basis upon submission of a technical analysis indicating that at 
least 10 dB protection will be provided to an existing station's 38 dBu 
signal level contour.
    3. Section 90.751 is added to read as follows:


Sec. 90.751  Minor modifications of non-nationwide licenses.

    Licensees granted non-nationwide authorizations from among 
applications filed on or before May 24, 1991 (Phase I licensees) will 
be given an opportunity to seek modification of their license to 
relocate their initially authorized base station, i.e., locate their 
base station at a site other than its initially authorized location. 
The conditions under which modifications will be granted and the 
procedures for applying for license modifications are described in 
Sections 90.753, 90.755, and 90.757. For CMRS licensees, these 
modifications will be treated as minor modifications in accordance with 
Section 90.164.
    4. Section 90.753 is added to read as follows:


Sec. 90.753  Conditions of license modification.

    (a) Except as provided in paragraphs (b), and (c) of this section, 
a Phase I non nationwide licensee may modify its authorization to 
relocate its authorized base station up to one-half the distance over 
120 km toward any co-channel licensee's initially authorized base 
station, to a maximum distance of 8 km.
    (b) A Phase I non-nationwide licensee with an authorized base 
station located outside a Designated Filing Area (DFA) (see Public 
Notice, DA 86-173, 52 FR 1302 (January 12, 1987)) may modify its 
authorization to relocate its authorized base station up to one-half 
the distance over 120 km toward any co-channel licensee's initially 
authorized base station, to a maximum distance of 25 km, so long as the 
base station is relocated no more than 8 km inside of any DFA (i.e., no 
more than 8 km from the nearest DFA boundary line).
    (c) A Phase I non-nationwide licensee that has been granted Special 
Temporary Authority (STA) to operate at an alternative base station 
location may modify its authorization to seek permanent authorization 
at that location, regardless of whether locating the station at the STA 
site is in strict conformance with the provisions of paragraphs (a) and 
(b) of this section, if the licensee certifies that such a modification 
is in conformance with Sections 90.723 and 90.729 and:
    (1) It has constructed its base station and has placed it in 
operation, or commenced service, at the STA site on or before January 
26, 1996; or
    (2) It has taken delivery of its base station transceiver on or 
before January 26, 1996.
    (d) The application of a Phase I non-nationwide licensee proposing 
a base station modification resulting in less than 120 km separation 
from a co-channel licensee's initially authorized base station will be 
accepted by the Commission only with the consent of that co-channel 
licensee, as evidenced in a letter submitted concurrently with the 
licensee's application.
    (e) The application of a Phase I non-nationwide licensee proposing 
a base station modification resulting in at least a 120 km separation 
from each co-channel licensee's initially authorized base station but 
more than one-half the distance over 120 km toward any co-channel 
licensee's initially authorized base station will be accepted by the 
Commission only with the consent of that co-channel licensee, as 
evidenced in a letter submitted concurrently with the licensee's 
application.
    5. Section 90.755 is added to read as follows:


Sec. 90.755  Procedures for License Modification.

    (a) A Phase I non-nationwide licensee seeking modification of its 
authorization to relocate its authorized base station in accordance 
with the provisions of Section 90.753 must file the following on or 
before May 1, 1996:
    (1) Form 600 requesting license modification, and providing all 
applicable information;
    (2) Certification that the location of its proposed base station is 
in conformance with the provisions of Section 90.753, or, as provided 
in Section 90.753(d), a letter evidencing consent of a co-channel 
licensee that the licensee may be authorized less than 120 km from the 
co-channel licensee;
    (3) If applicable, the required certification by a licensee with a 
Special Temporary Authority, in accordance with Section 90.753(c);
    (4) If applicable, certification that the licensee has constructed 
its base station and placed it in operation, or commenced service, at 
its initially authorized location on or before March 11, 1996.
    (b) A licensee seeking modification of its authorization to 
relocate its base station in accordance with the provisions of Section 
90.753, should file, on or before March 11, 1996, either a modification 
application, as provided in paragraph (a) of this section, or a letter 
certifying to the Commission its intent to file an application to 
modify its authorization to relocate its base station. For a licensee 
that has not constructed its authorized base station and placed it in 
operation, or commenced service, by March 11, 1996, this filing will 
serve to extend the licensee's construction requirement in accordance 
with the provisions of Section 90.757.
    6. Section 90.757 is added to read as follows:


Sec. 90.757  Construction requirements.

    (a) Except as provided in paragraph (b) of this section, a Phase I 
non-nationwide licensee that is granted modification of its 
authorization to relocate its base station must construct its base 
station and place it in operation, or commence service, on all 
authorized channels on or before August 15, 1996, or within 12 months 
of initial grant date, whichever is later. The authorization of a 
licensee that does not construct its base station and place it in 
operation, or commence service, by this date, cancels automatically and 
must be returned to the Commission.
    (b) A Phase I non-nationwide licensee with a base station 
authorized at a location north of Line A must construct its base 
station and place it in operation, 

[[Page 3846]]
or commence service, on all authorized channels within 12 months of 
initial grant date, or within 12 months of the date of the release of 
the terms of an agreement between the United States and Canadian 
governments on the sharing of 220-222 MHz spectrum between the two 
countries, whichever is later. The authorization of a licensee that 
does not construct its base station and place it in operation, or 
commence service, by this date, cancels automatically and must be 
returned to the Commission.

[FR Doc. 96-2324 Filed 2-1-96; 8:45 am]
BILLING CODE 6712-01-P