[Federal Register Volume 63, Number 192 (Monday, October 5, 1998)]
[Proposed Rules]
[Pages 53350-53351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26568]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 22, and 101

[WT Docket No. 97-81; DA 98-1889]


Multiple Address Systems

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; dismissal.

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SUMMARY: On September 17, 1998, the Public Safety and Private Wireless 
Division adopted and released an Order dismissing all pending Multiple 
Address System (MAS) applications for use of the 932-932.5/941-941.5 
MHz bands which were filed in anticipation of the Commission conducting 
a lottery to license competing applications. The Balanced Budget Act of 
1997 terminated the Commission's authority to use lotteries to select 
among competing mutually exclusive applicants for initial license or 
construction permits. Applicants will have the opportunity to refile 
applications for MAS service under new service rules that are fully 
compliant with the Balanced Budget Act of 1997.

DATES: Effective September 17, 1998. All pending MAS applications for 
use of the 932-932.5/941-941.5 MHz bands (File Nos. A00001-A50772) were 
dismissed on September 17, 1998.

ADDRESSES: Federal Communications Commission, 1919 M St., NW., Room 
222, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Ronald Quirk or Shellie Blakeney, 
Wireless Telecommunications Bureau, Public Safety & Private Wireless 
Division, Policy and Rules Branch, (202) 418-0680, or via E-mail to 
``[email protected]'' or ``[email protected].''

SUPPLEMENTARY INFORMATION:
    1. The Commission announced by Public Notice that it would open 
five two-day filing windows in 1992 for license applications proposing 
to use channels in the 932/941 MHz MAS frequency band. The Commission 
announced that it would select licensees by lottery if mutually 
exclusive applications were received. In response to the series of 
filing windows, over 50,000 applications were submitted.
    2. On August 10, 1993, Congress enacted the Omnibus Budget 
Reconciliation Act of 1993 (1993 Budget Act) which authorized the 
Commission to select licensees applying for initial license grants or 
authorizations from among competing applicants by competitive bidding 
for certain classes of radio licenses. As a result, the Commission 
commenced a proceeding to examine whether licenses for various radio 
services should be distributed by competitive bidding.
    3. The 1993 Budget Act required that the Commission subject to 
competitive bidding, those licensees that would receive compensation in 
exchange for its services. See 47 U.S.C. 309(j)(2)(A) (1993). Hence, in 
its proceeding implementing the 1993 Budget Act, the Commission 
determined that the MAS applications should not be subject to 
competitive bidding because at that time, it was believed that the 
licenses would be primarily used for private internal communications 
and not involve subscriber-based services. Subsequently, upon review of 
the 50,000 applications filed, the Commission determined that its 
original assumptions regarding MAS may have become inaccurate because 
most applications reflected that the spectrum would be primarily used 
for subscriber-based services. As a result, in February 1997, the 
Commission released a Notice of Proposed Rule Making (MAS Notice), 62 
FR 11407 (March 12, 1997), which sought to streamline the MAS service 
rules, increase technical and operational flexibility for MAS 
licensees, license most MAS channels by geographic area and award 
mutually exclusive licenses by competitive bidding. The Commission also 
proposed to dismiss the pending MAS applications for the 932/941 MHz 
band without prejudice and to allow refiling under whatever

[[Page 53351]]

new licensing rules are ultimately adopted.
    4. Subsequently, the 1997 Balanced Budget Act (1997 Budget Act) 
eliminated the Commission's authority to use lotteries (with an 
exception not relevant to the MAS context) for any license issued after 
July 1, 1997. The 1997 Budget Act also expanded the Commission's 
authority--and statutory mandate--to use competitive bidding to select 
licensees from among mutually exclusive applications for any initial 
license, with no exceptions for pending mutually exclusive 
applications. As a result of this Congressional mandate, the Commission 
was left without authority to process the pending mutually exclusive 
applications by random selection. Thus, the pending applications are 
dismissed without prejudice. Applicants will have the opportunity to 
refile applications for MAS service under new service rules that are 
fully compliant with the 1997 Balanced Budget Act.
    5. Applicants can apply to the Office of Managing Director of the 
Federal Communications Commission for a refund of filing fees, pursuant 
to section 1.1113(a) of the Commission's rules. See 47 CFR 1.1113(a).
    6. The full text of the Order is available for inspection and 
duplication during regular business hours in the Public Safety and 
Private Wireless Division of the Wireless Telecommunications Bureau, 
Federal Communications Commission, 2025 M Street, NW., Room 8010, 
Washington, DC 20554. Copies may also be obtained from International 
Transcription Service, Inc. (ITS), 1231 20th Street, NW., Washington, 
DC 20036, (202) 857-3800.

List of Subjects

47 CFR Part 1

    Administrative practice and procedure, Communications common 
carriers, Radio.

47 CFR Part 22

    Communications common carriers, Radio.

47 CFR Part 101

    Radio.

Federal Communications Commission.
D'wana R. Terry,
Chief, Public Safety & Private Wireless Division, Wireless 
Telecommunications Bureau
[FR Doc. 98-26568 Filed 10-2-98; 8:45 am]
BILLING CODE 6712-01-P