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