[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Notices]
[Page 16261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8498]



[[Page 16261]]

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FEDERAL COMMUNICATIONS COMMISSION

[PR Docket No. 92-257; DA 98-522]


Applications for VHF Public Coast Spectrum

    1. By this Order, we impose a suspension of acceptance and 
processing of applications for very high frequency (VHF) public coast 
spectrum (156-162 MHz), effective March 17, 1998. As an initial matter, 
we note that the Commission imposed a suspension regarding VHF public 
coast spectrum applications in the Second Further Notice of Proposed 
Rulemaking (Second Further Notice) in PR Docket No. 92-257, 62 FR 37533 
(July 14, 1997). The Commission-imposed suspension took effect on June 
17, 1997, and was to be effective until March 17, 1998. For the reasons 
stated herein, we take action to continue suspension of acceptance and 
processing of VHF public coast applications during the pendency of the 
PR Docket No. 92-257 proceeding.
    2. In the Second Further Notice, the Commission proposed service 
rules for the Maritime Services, including the introduction of 
geographic area licensing for VHF public correspondence channels. In 
order to permit the effective resolution of the issues raised in the 
Second Further Notice, the Commission suspended the acceptance of (1) 
public coast station applications to use VHF spectrum and private land 
mobile radio applications proposing to share that spectrum for new 
licenses, (2) amendments to such new license applications, and (3) 
applications to modify existing licenses, and amendments thereto, 
except for applications involving renewals, transfers, assignments, and 
modifications proposing neither to expand a station's service area nor 
obtain additional public coast VHF spectrum. The Commission also 
suspended the processing of pending applications for VHF public coast 
spectrum that either were mutually exclusive with other applications or 
as to which the period for filing competing applications had not 
expired. The Commission further expressly reserved the right to extend 
the suspension if it did not adopt final rules by the end of the 
suspension period.
    3. To date, the Commission has not adopted final rules in PR Docket 
No. 92-257. As a result, the same reasons which prompted the Commission 
to impose the initial suspension remain today. We believe that a 
continued suspension of acceptance and processing of public coast VHF 
spectrum applications is warranted in order to facilitate the orderly 
and effective resolution of the matters pending in this proceeding. We 
are concerned that, absent such action, the goals underlying initiation 
of the PR Docket No. 92-257 proceeding might be compromised by the 
influx of applications for new licenses, as well as modifications to 
existing licenses, that are inconsistent with the decisions ultimately 
made by the Commission. Thus, we believe that there is good cause to 
continue suspension of the acceptance and processing of public coast 
VHF spectrum applications. This suspension shall remain in effect until 
sixty days after the final rules enacted in the Third Report and Order 
in Docket No. 92-257 are published in the Federal Register.
    4. This decision is procedural in nature and therefore not subject 
to notice and comment and effective date requirements of the 
Administrative Procedure Act. Moreover, there is good cause for 
proceeding in this manner, for to do otherwise would be impractical, 
unnecessary, and contrary to the public interest because compliance 
would undercut the purposes of this action.
    5. Accordingly, It is ordered, pursuant to sections 4(i), 4(j), and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
154(j), and 303(r), that there be a continued suspension of the 
acceptance and processing of applications to use VHF public coast 
spectrum, effective March 17, 1998. The suspension will continue until 
sixty days after the final rules enacted in the Third Report and Order 
in Docket No. 92-257 are published in the Federal Register. This action 
is taken under delegated authority pursuant to Sec. 0.331 of the 
Commission's Rules, 47 CFR 0.331.
    6. For further information concerning this Order, contact Scot 
Stone, Policy and Rules Branch, Public Safety and Private Wireless 
Division, Wireless Telecommunications Bureau, at (202) 418-0680.

Federal Communications Commission.
Daniel B. Phythyon,
Chief, Wireless Telecommunications Bureau.
[FR Doc. 98-8498 Filed 4-1-98; 8:45 am]
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