[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Notices]
[Pages 8062-8063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4721]



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FEDERAL COMMUNICATIONS COMMISSION
[DA 95-2341]

Applications in the 37.0-38.6 GHz and 38.6-40 GHz Bands
AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: On November 13, 1995, the Acting Chief, Wireless 
Telecommunications Bureau adopted an Order that imposes a freeze on the 
Commission accepting applications in the Common Carrier or Operational 
Fixed Point-to-Point Microwave Radio Services for the 38.6-40.0 GHz 
frequency assignments. The Order was released November 13, 1995. The 
freeze was necessary so that the public interest can be served by not 
accepting further applications pending Commission action on a 
rulemaking petition that would modify application processing and 
technical rules for this frequency band. The effect of the freeze is to 
give the public consistent technical standards for the 38.6-40.0 GHz 
frequency assignments.

EFFECTIVE DATE: November 13, 1995.

FOR FURTHER INFORMATION CONTACT: Robert James of the Wireless 
Telecommunications Bureau at (202) 418-0680.
SUPPLEMENTARY INFORMATION:
Order
Adopted: November 13, 1995
Released: November 13, 1995
    By the Acting Chief, Wireless Telecommunications Bureau:
    1. Pending before the Commission is a petition for rulemaking (RM-
8553, Public Notice, Report No. 2044, released December 1, 1994) filed 
by the Point-to-Point Microwave Section of the Telecommunications 
Industry Association, concerning use of the 37.0-38.6 GHz (37 GHz) and 
38.6-40.0 GHz (39 GHz) bands. The petition requests that the 
Commission, among other things, modify the existing technical standards 
governing point-to-point operations in the 39 GHz band. The existing 
rules governing the 39 GHz band are inconsistent with the proposal 
contained in the petition. Thus, the petition for rulemaking, if 
granted, would require new application processing and technical rules 
for this frequency band.
    2. Over 2,100 applications for 39 GHz licenses have been filed 
since January 1995. The increasing number of applications constitutes a 
burden on the Commission's scarce resources and may limit the impact of 
a Commission rulemaking in response to the petition because 
applications being filed and processed are not necessarily in 
conformance with application and technical requirements that may be 
developed for the 39 GHz bands if the rulemaking petition is granted. 
Consequently, we find that the public interest will be served by not 
accepting any further applications for licensing new 39 GHz frequency 
assignments, pending Commission action on the rulemaking petition. 
Accordingly, effective upon the release date of this Order, no 
applications in the Common Carrier or Operational Fixed Point-to-Point 
Microwave Radio Services for the 39 GHz band will be accepted for 
filing. Any such applications received on or after this date will be 
returned as unacceptable for filing. This freeze does not apply to 
applications for assignment or transfer of control of license.
    3. The Commission's decision to impose this freeze is procedural in 
nature and therefore the freeze is not subject to the notice and 
comment and effective date requirements of the Administrative Procedure 
Act. See 5 U.S.C. 553(b)(A), (d); Kessler v. FCC, 326 F.2d 673 (D.C. 
Cir. 1963). Moreover, there is good cause for the Commission's not 
using notice and comment procedures in this case, or making the freeze 
effective 30 days after publication in the Federal Register, because to 
do so would be impractical, unnecessary, and contrary to the public 
interest because compliance would undercut the purposes of the freeze. 
See 5 U.S.C. 553(b)(B), (d)(3).
    4. Wherefore, as discussed herein, it is hereby ordered that 
effective upon the release date of this Order, no applications will be 
accepted for filing for the 38.6-40.0 GHz frequency band in the Common 
Carrier or Operational Fixed Point-to-Point Microwave Radio Services. 
This freeze will continue until 

[[Page 8063]]
the Commission makes an announcement that such application acceptance 
will resume.

Federal Communications Commission.
Gerald P. Vaughan,
Acting Chief, Wireless Telecommunications Bureau.
[FR Doc. 96-4721 Filed 2-29-96; 8:45 am]
BILLING CODE 6712-01-P