[Federal Register Volume 62, Number 181 (Thursday, September 18, 1997)]
[Rules and Regulations]
[Pages 48951-48952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24821]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, and 5

[ET Docket No. 93-266; ET Docket No. 94-124, RM-8784; CC Docket No. 92-
297, RM-7872, PP-22; GEN Docket No. 90-314, PP-68; GEN Docket No. 90-
357, PP-25; IB Docket No. 97-95, RM 8811; RM-7784, PP-23; RM-7912, PP-
34, et. al.; FCC 97-309]


Pioneer's Preference Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In response to recent Congressional legislation, this Order 
terminates the Commission's pioneer's preference program and dismisses 
all pending pioneer's preference requests.

EFFECTIVE DATE: September 18, 1997.

FOR FURTHER INFORMATION CONTACT: Rodney Small, Office of Engineering 
and Technology, (202) 418-2452.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
ET Docket 93-266, FCC 97-309, adopted August 29, 1997, and released 
September 11, 1997. The full text of this Commission 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 duplication 
contractor, International Transcription Service, (202) 857-3800, 1231 
20th Street, NW., Washington, DC 20036.

Summary of the Order

    1. Our pioneer's preference program was initiated in 1991. The 
program provided preferential treatment in our licensing processes for 
parties that made significant contributions to the development of a new 
spectrum-using service or to the development of a new technology that 
substantially enhanced an existing spectrum-using service. 
Approximately 140 parties applied for pioneer's preferences in various 
services, and five preferences were granted.
    2. The Commission no longer has the authority to grant pioneer's 
preferences. On August 5, 1997, the President signed into law the 
Balanced Budget Act of 1997 (Budget Act), Public Law 105-33, 111 Stat. 
251 (1997). The Budget Act amends section 309(j)(13)(F) of the 
Communications Act to provide that ``[t]he authority of the Commission 
to provide preferential treatment in licensing procedures * * * shall 
expire on the date of enactment of the Balanced Budget Act of 1997.'' 
Thus, as of August 5, the Commission's authority to grant any applicant 
a pioneer's preference expired.
    3. The Commission has the following pioneer's preference requests 
pending before it:
     Suite 12 Group (now CellularVision U.S.A.), filed on 
September 23, 1991 in the 28 GHz Local Multipoint Distribution Service 
proceeding (PP-22 in RM-7872 and CC Docket No. 92-297);
     Sky Station International, filed on March 20, 1996 for a 
global stratospheric telecommunications service in the 47.2-47.5 GHz 
and 47.9-48.2 GHz bands (RM-8784 and ET Docket No. 94-124);
     Qualcomm Incorporated, filed on May 4, 1992 in the 
broadband Personal Communications Services proceeding (PP-68 in GEN 
Docket No. 90-314);

[[Page 48952]]

     Strother Communications, Inc., filed on July 30, 1991 in 
the Digital Audio Radio Service proceeding (PP-25 in GEN Docket No. 90-
357);
     Motorola Satellite Systems, Inc., filed on September 4, 
1996 for a non-geostationary Fixed Satellite Service in the 36-51 GHz 
band (RM-8811 and IB Docket No. 97-95);
     ProNet, Inc., filed on July 30, 1991 for an electronic 
tracking service in the 216-220 MHz band (PP-23 in RM-7784);
     Maritime Telecommunications Network, Inc., filed on June 
2, 1995 for a digital shipboard earth station service (PP-34 in RM-
7912);
     CruiseCom International, Inc., filed on April 10, 1992 for 
a digital shipboard earth station service (RM-7912);
     AfriSpace, Inc., filed on July 30, 1991 for an 
international satellite sound broadcasting service;
     Inner Ear Communications, Inc., filed on May 21, 1993 for 
a low-power broadcast service in the 72-76 MHz band;
     Teledesic Corporation, filed on March 14, 1994 for a low-
Earth orbit satellite service;
     Web SportsNet, Inc. and Gregory D. Deieso, filed on July 
15, 1996 for an Event Broadcast Stations radio service; and
     RadioTour/USA, filed on June 17, 1997 for a low-power FM 
information broadcasting service.
    4. In accordance with the Budget Act, we are immediately 
terminating our pioneer's preference program and are dismissing these 
13 pioneer's preference requests. There may be additional pioneer's 
preference requests of which we are unaware. If any such requests are 
identified, the staff will dismiss them on delegated authority.
    5. Accordingly, it is ordered that the Commission's pioneer's 
preference program and ET Docket No. 93-266 are terminated and parts 0, 
1, and 5 of the Commission's rules are amended as set forth, effective 
upon publication in the Federal Register. In light of the fact that 
these rule changes are mandated by Congress and we have no discretion, 
we find good cause to proceed without notice and comment and to make 
the rule amendments effective less than 30 days after publication in 
the Federal Register.
    6. It is further ordered that the requests for pioneer's preference 
filed by Suite 12 Group (now CellularVision U.S.A.) on September 23, 
1991 (PP-22 in RM-7872 and CC Docket No. 92-297); Sky Station 
International on March 20, 1996 (RM-8784 and ET Docket No. 94-124); 
Qualcomm Incorporated on May 4, 1992 (PP-68 in GEN Docket No. 90-314); 
Strother Communications, Inc. on July 30, 1991 (PP-25 in GEN Docket No. 
90-357); Motorola Satellite Systems, Inc. on September 4, 1996 (RM-8811 
and IB Docket No. 97-95); ProNet, Inc. on July 30, 1991 (PP-23 in RM-
7784); Maritime Telecommunications Network, Inc. on June 2, 1995 (PP-34 
in RM-7912); CruiseCom International, Inc. on April 10, 1992 (RM-7912); 
AfriSpace, Inc. on July 30, 1991; Inner Ear Communications, Inc. on May 
21, 1993; Teledesic Corporation on March 14, 1994; Web SportsNet, Inc. 
and Gregory D. Deieso on July 15, 1996; and RadioTour/USA on June 17, 
1997 are dismissed. This action is taken pursuant to sections 4(i), 
7(a), 303(g), and 303(r), of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 157(a), 303(g), 303(r); and section 
309(j)(13)(F) of the Communications Act of 1934, as amended by the 
Balanced Budget Act of 1997, Public Law 105-33, 111 Stat. 251 (1997).

List of Subjects

47 CFR Part 0

    Organizations and functions.

47 CFR Part 1

    Practice and Procedure.

47 CFR Part 5

    Radio.

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

Rule Changes

    Parts 0, 1, and 5 of Chapter I of Title 47 of the Code of Federal 
Regulations are amended as follows:

PART 0--COMMISSION ORGANIZATION

    1. The authority citation for part 0 continues to read as follows:

    Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 
225, unless otherwise noted.


Sec. 0.241   [Amended]

    2. Section 0.241 is amended by removing paragraph (f), and 
redesignating paragraph (g) as new paragraph (f).

PART 1--PRACTICE AND PROCEDURE

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

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303; Implement, 5 U.S.C. 552 and 21 U.S.C. 853a, unless 
otherwise noted.

Sec. 1.402  [Removed]

    2. Section 1.402 is removed.

PART 5--EXPERIMENTAL RADIO SERVICES (OTHER THAN BROADCAST)

    1. The authority citation in part 5 continues to read as follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303. Interpret or apply sec. 301, 48 Stat. 1081, as 
amended; 47 U.S.C. 301.


Sec. 5.207  [Removed]

    2. Section 5.207 is removed.

[FR Doc. 97-24821 Filed 9-17-97; 8:45 am]
BILLING CODE 6712-01-U