[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Notices]
[Pages 30225-30226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14601]


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

FEDERAL COMMUNICATIONS COMMISSION

[DA 98-993]


Waiver of Business and Industrial/Land Transportation Channel 
Construction Requirements

    1. We have before us three separate requests for a thirty-day 
extension of the time for filing comments and reply comments in 
response to the request of Southern Company for a waiver of section 
90.629 of the Commission's Rules to further extend the extended 
implementation period for its 800 MHz Business and Industrial/Land 
Transportation (I/LT) Category channels that Southern has converted to 
commercial use.\1\ We also invited comment on a number of related 
issues. On May 19, 1998, the Industrial Telecommunications Association, 
Inc. (ITA) and Nextel Communications, Inc., filed their requests. On 
May 22, 1998, the American Mobile Telecommunications Association, Inc. 
(AMTA) filed its request. Each petitioner requests that the time for 
filing comments be extended from May 28, 1998, to June 29, 1998, and 
that the time for filing reply comments be extended from June 12, 1998, 
to July 13,

[[Page 30226]]

1998. On May 22, 1998, Southern filed an opposition to these requests. 
For the reasons stated below, we conclude that the extensions should be 
granted in part and denied in part.
---------------------------------------------------------------------------

    \1\ See Waiver of Business and Industrial/Land Transportation 
Channel Construction Requirements, 63 FR 26188 (May 12, 1998).
---------------------------------------------------------------------------

    2. ITA, the frequency coordinator for 800 MHz I/LT applications, 
states that it needs additional time to submit comments in order to 
poll its membership regarding these issues before it files comments. 
Nextel states that it needs additional time in order to review and 
analyze Southern's application for review, which seeks relief similar 
to that sought in waiver request, and to which the waiver request 
refers regarding certain arguments. Nextel further states that it did 
not obtain a copy of the application for review, which was filed under 
seal, until May 18, 1998. AMTA states that additional time is needed 
due to the scope of the issues on which comment was sought and the 
impact that resolution of those issues will have on the Part 90 radio 
services.
    3. In its opposition, Southern does not object to extending the 
comment period with respect to the related issues on which we invited 
comment. However, it argues that further delaying resolution of the 
waiver request itself by extending the comment period is inappropriate, 
given that it faces an impending implementation deadline. In this 
connection, Southern contends that unduly delaying resolution of the 
waiver request could prejudice its efforts to meet such implementation 
obligations. Southern suggests that this proceeding be bifurcated, with 
consideration of its waiver request proceeding separately from 
consideration of the other issues.
    4. We conclude that an extension of time would serve the public 
interest. We believe that providing interested parties additional time 
to address the issues on which comment has been sought would result in 
a more comprehensive record that includes the views of various sectors 
of the private land mobile radio (PLMR) and specialized mobile radio 
(SMR) communities. We note, however, that our desire for a 
comprehensive record should be balanced against Southern's request that 
we not unduly delay resolution of its pending waiver request. Thus, we 
are concerned about granting the requested thirty-day extensions under 
the circumstances. Rather, we believe an extension of fifteen (15) days 
should be adequate to allow the PLMR and SMR communities to respond to 
the waiver request and comment on the related issues. In addition, we 
believe that this brief extension of time will not result in a 
significant delay in the resolution of Southern's pending waiver 
request. We therefore extend the period of time for filing comments to 
and including June 12, 1998, and we extend the period for filing reply 
comments to and including July 6, 1998.
    5. It is hereby ordered that pursuant to Sec. 1.46 of the 
Commission's rules, 47 CFR 1.46, the requests of ITA, Nextel, and AMTA 
to extend the deadlines for filing comments and reply comments in this 
proceeding are granted in part and denied in part, to the extent 
indicated herein.
    6. This action is taken under delegated authority pursuant to 
Secs. 0.131 and 0.331 of the Commission's rules, 47 CFR 0.131, 0.331.
    7. For further information, contact Scot Stone, Public Safety and 
Private Wireless Division, at (202) 418-0680 or via e-mail to 
[email protected].

Federal Communications Commission.
D'wana R. Terry,
Chief, Public Safety and Private Wireless Division.
[FR Doc. 98-14601 Filed 6-2-98; 8:45 am]
BILLING CODE 6712-01-P