[Federal Register Volume 62, Number 57 (Tuesday, March 25, 1997)] [Rules and Regulations] [Pages 14015-14016] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-7260] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 101 [ET Docket No. 95-183; PP Docket No. 93-253; FCC 96-486] 37.0-38.6 GHz and 38.6-40.0 GHz Bands and Implementation of Section 309(j) of the Communications Act--Competitive Bidding AGENCY: Federal Communications Commission. ACTION: Final rule; petition for reconsideration. ----------------------------------------------------------------------- SUMMARY: Upon reconsideration, the Commission has decided to lift the processing freeze on amendments of right filed on applications in the 38.6-40.0 GHz band (``the 39 GHz band'') before December 15, 1995.1 By this action, all applications that were amended to resolve mutual exclusivity before this date will be processed, provided that the original applications had completed their 60-day public notice period as of November 13, 1995. In addition, the Commission clarifies that applications to modify existing 39 GHz licenses and amendments thereto will be processed regardless of when filed, provided they neither enlarge the service area nor change the assigned frequency blocks (except to delete them). In all other respects, previous decisions regarding the filing and processing of 39 GHz applications and amendments are unaffected by this Memorandum Opinion and Order. --------------------------------------------------------------------------- \1\ See 47 CFR 101.29 (addressing amendments of right). --------------------------------------------------------------------------- EFFECTIVE DATE: January 17, 1997. FOR FURTHER INFORMATION CONTACT: Susan Magnotti, Private Wireless Division, (202) 418-0871. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Memorandum Opinion and Order, FCC 96-486, adopted December 20, 1996 and released January 17, 1997. The complete text of this document is available for inspection and copying during normal business hours in the FCC Reference Center (Room 239), 1919 M Street, NW., Washington, DC 20554, and may be purchased from the Commission's copy contractor, International Transcription Service, (202) 857-3800, 2100 M Street, NW., Washington, DC 20037. Summary of Order 1. By this action, the Commission resolves and provides clarification on the treatment it will afford pending applications in the 38.6-40.0 GHz band (``the 39 GHz band''). The 39 GHz band is used to support fixed point-to-point microwave communications. 2. On September 9, 1994, the Point-to-Point Microwave Section of the Telecommunications Industry Association (``TIA'') filed a Petition for Rule Making concerning use of the 39 GHz band and the 37.0-38.6 GHz (``37 GHz'') band, for which there are currently no licensing or service rules. On November 13, 1995, the Wireless Telecommunications Bureau (``Bureau'') issued a Freeze Order, 61 FR 8062 (March 1, 1996) announcing that the Commission would no longer accept for filing applications for new 39 GHz licenses in the Common Carrier or Operational Fixed Point-to-Point Microwave Radio Services, pending Commission action on TIA's Petition. 3. Thereafter, on December 15, 1995, the Commission issued an NPRM and Order, 61 FR 2452 (January 26, 1996) which expanded upon the November 13, 1995 Freeze Order, primarily by distinguishing between those pending 39 GHz applications that would be processed and those that would be held in abeyance pending the outcome of the rulemaking proceeding. As a result of the above Commission actions, several parties filed petitions for reconsideration of that portion of the Commission's December 15, 1995 NPRM and Order which imposed an interim processing freeze on certain 39 GHz band license applications and amendments. An Emergency Request for Stay of the freeze was also filed. In this Memorandum Opinion and Order, the Commission grants these petitions in part and denies them in part. In light of the Commission's decision regarding the petitions for reconsideration, the Emergency Request for Stay is moot. 4. The NPRM and Order provided that pending applications would be processed if (1) they were not mutually exclusive with other applications at the time of the Bureau's November 13, 1995 Freeze Order, and (2) the 60-day period for filing mutually exclusive applications had expired prior to November 13, 1995. The NPRM and Order further provided that those applications that were mutually exclusive with others as of November 13, 1995, or within the 60-day period for filing competing applications on or after November 13, 1995, would be held in abeyance. Amendments to these frozen applications received on or after November 13, 1995, would also be held in abeyance. Moreover, applications for modification of existing 39 GHz licenses filed on or after November 13, 1995, would be held in abeyance, as well as amendments to these modification applications filed on or after November 13, 1995. Finally, no new applications to modify existing licenses, or amendments to pending modification applications, would be accepted for filing on or after December 15, 1995. The foregoing restrictions on modification applications and amendments thereto were not intended to apply if the requested action would neither enlarge the service area nor change frequency blocks (except to delete them). 5. This Memorandum Opinion and Order gives some of the relief requested by petitioners by lifting the processing freeze on amendments of right filed before December 15, 1995. Thus, all applications that were amended to [[Page 14016]] resolve mutual exclusivity before December 15, 1995, will be processed, provided the applications had completed the 60-day public notice period on or before November 13, 1995. Another main point of the decision is that the Commission will process those amendments of right filed on or after November 13, 1995, but before December 15, 1995. Further, it will continue to hold in abeyance all pending mutually exclusive applications, unless the mutual exclusivity was resolved by an amendment of right filed before December 15, 1995. In addition, the Memorandum Opinion and Order states that applications to modify existing 39 GHz licenses and amendments thereto would be processed regardless of when filed, provided they neither enlarge the service area nor change the assigned frequency blocks (except to delete them). These applications and amendments will be processed and granted, if otherwise in compliance with the Commission's Rules. Ordering Clauses 6. Accordingly, it is hereby ordered that the Petition for Reconsideration submitted by Commco, LLC., PLAINCOM, INC., and Sintra Capital Corporation, and the Petition for Partial Reconsideration filed by DCT Communications, Inc., are hereby granted in part and denied in part. 7. It is further ordered that the Emergency Petition for Stay filed by Commco, L.L.C., PLAINCOM, INC., and Sintra Capital Corporation is hereby dismissed as moot. 8. This action is taken pursuant to the authority found in Sections 4 (i) and 303 of the Communications Act of 1934, as amended, 47 U.S.C. 154 (i) and 303, and Section 0.131 of the Commission's Rules, 47 CFR 0.131. For further information, contact Susan Magnotti, Private Wireless Division, (202) 418-0871. Federal Communications Commission. William F. Caton, Acting Secretary. [FR Doc. 97-7260 Filed 3-24-97; 8:45 am] BILLING CODE 6712-01-P