[Federal Register Volume 61, Number 228 (Monday, November 25, 1996)]
[Proposed Rules]
[Page 59852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30002]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PR Docket No. 89-552; FCC 96-448]


220 MHz Radio Service

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Commission seeks comment on its tentative conclusion that 
the ``40-mile rule'' should be repealed, as recommended by the SMR 
Advisory Group L.C. This action is needed to establish a comprehensive 
record on which to base a final decision.

DATES: Comments are due December 10, 1996.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W., 
Washington, D.C. 20554.

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

SUPPLEMENTARY INFORMATION:

Commission Seeks Supplemental Comment on Request To Eliminate 40-Mile 
Rule for 220 MHz Radio Service

Released: November 19, 1996.

    1. Section 90.739 of the Commission's Rules stipulates that a 
licensee in the 220 MHz radio service may not hold more than one 
license within a 40-mile area, unless the licensee can justify the need 
for an additional license based on communications requirements.
    2. On April 5, 1996, the SMR Advisory Group, L.C. (SMR Group) filed 
ex parte comments in the above-captioned proceeding, urging the 
Commission to eliminate Section 90.739 (the ``40-mile rule''). In its 
comments, SMR Group suggests that elimination of the rule would enhance 
the competitive potential of the 220 MHz service, and would be 
consistent with Commission findings of regulatory parity between the 
220 MHz service and other commercial mobile radio services. SMR Group 
also contends that the original purpose for the rule--i.e., to prevent 
spectrum warehousing--is no longer relevant in the context of today's 
mobile communications marketplace. Subsequently, the American Mobile 
Telecommunications Association, Securicor Radiocoms, Ltd., and SEA, 
Inc., also filed ex parte comments asking that the Commission eliminate 
this rule. Based on these filings, the Commission tentatively concludes 
that the rule should be repealed.
    3. Pursuant to Section 1.415(d) of the Commission's Rules, 47 CFR 
Sec. 1.415(d), the Commission seeks comment on this tentative 
conclusion. In particular, interested parties are invited to address 
any legal, factual, or policy considerations that may be associated 
with this issue. Comments must be filed no later than December 10, 
1996. No reply comments will be accepted.
    4. All comments should be filed with the Office of the Secretary, 
Federal Communications Commission, 1919 M Street NW, Room 222, 
Washington, DC 20554, referencing PR Docket No. 89-552. The full text 
of the comments is available for inspection and duplication during 
regular business hours in the FCC Reference Center, Federal 
Communications Commission, 1919 M Street NW, Room 239, Washington, DC 
20554. Copies may also be obtained from the International Transcription 
Service, Inc. (ITS), 2100 M Street NW, Suite 140, Washington, DC 20037, 
(202) 857-3800.

Initial Regulatory Flexibility Analysis

    5. For purposes of this Public Notice, the Initial Regulatory 
Flexibility Analysis adopted in the Third Notice of Proposed Rulemaking 
in PR Docket No. 89-552 (60 FR 46564, September 7, 1995) applies.

List of Subjects in 47 CFR Part 90

    Radio.

Federal Communications Commission
William F. Caton,
Acting Secretary.
[FR Doc. 96-30002 Filed 11-22-96; 8:45 am]
BILLING CODE 6712-01-P