[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]] ----------------------------------------------------------------------- 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] BILLING CODE 6712-01-P