[Federal Register Volume 64, Number 112 (Friday, June 11, 1999)]
[Proposed Rules]
[Pages 31532-31533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14835]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PR Docket No. 93-144; DA 99-974]


Comments Requested on the Construction Requirements for 
Commercial Wide-Area 800 MHz Licensees

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document requests comment on the construction 
requirements that the Commission should impose on 800 MHz Specialized 
Mobile Radio commercial licensees that are part of a wide area system 
following the decision by the U.S. Court of Appeals for the District of 
Columbia to remand to the Commission for further analysis its decision 
to adopt construction requirements for these licensees that differ from 
those adopted for Economic Area 800 MHz licensees.

DATES: Comments are due to be filed by July 12, 1999, and reply 
comments are due by July 30, 1999.

FOR FURTHER INFORMATION CONTACT: Scott A. Mackoul or Don Johnson, 
Policy and Rules Branch, Commercial Wireless Division, Wireless 
Telecommunications Bureau at (202) 418-7240.

SUPPLEMENTARY INFORMATION: This document, released May 21, 1999, is 
available for inspection and copying during normal business hours in 
the FCC Reference Center, 445 Twelfth Street, SW, Washington, DC. The 
complete text may be purchased from the Commission's copy contractor, 
International Transcription Service, Inc., 1231 20th Street, NW, 
Washington,

[[Page 31533]]

DC 20036 (202) 857-3800. The document is also available via the 
internet at http://www.fcc.gov/Bureaus/Wireless/Public Notices/1999/
index.html.

Synopsis of Document

    1. In this document, the Wireless Telecommunications Bureau 
(``Bureau'') requests comment on the construction requirements that the 
Commission should impose on 800 MHz Specialized Mobile Radio commercial 
licensees that are part of a wide area system (``wide-area 
licensees''). The Bureau seeks comment on this matter following the 
decision by the U.S. Court of Appeals for the District of Columbia in 
Fresno Mobile Radio, Inc. v. F.C.C. (165 F.3d 965, DC Cir., Feb 5, 
1999) to remand to the Commission for further analysis its decision to 
adopt construction requirements for incumbent wide-area licensees that 
differ from those adopted for Economic Area (``EA'') 800 MHz licensees. 
The court held that the Commission did not adequately explain whether 
wide-area licensees are sufficiently different from EA 800 MHz or other 
geographic based licensees to warrant different construction 
requirements.
    2. In this document, the Bureau seeks comment on whether the 
Commission should adopt on remand the construction requirements that 
were in effect for wide-area licensees prior to the Fresno decision. 
Section 90.629 of the Commission's rules states the current 
construction requirements of wide-area licensees. Initially, 800 MHz 
licensees were able to apply for a period of up to five years to 
construct and place their system in operation if an extended 
implementation period was justified. In 1995, the Commission stopped 
accepting requests for extended implementation, accelerated the 
termination date of existing implementation periods, and required 
licensees seeking to retain extended implementation to demonstrate 
compliance with section 90.629 of the Commission's rules. Because the 
court held that the Commission failed to adequately explain its 
rationale for adopting different construction requirements in the 800 
MHz band, parties who support the Commission's decision are encouraged 
to explain fully why the agency's approach is reasonable.
    3. In this document, the Bureau also solicits comment on whether 
the Commission should adopt for wide-area licensees construction 
requirements similar to those imposed on EA 800 MHz licensees and other 
licensees that are licensed on a geographic area basis. Parties who 
believe that construction requirements should be similar to geographic 
area licensees are encouraged to take into account the differences in 
the way the Commission licensed wide-area 800 MHz systems (i.e., by 
site-specific licensing) and geographic area licenses when addressing 
what should be the appropriate requirements for wide-area licensees. In 
order to determine whether a wide-area licensee has met the coverage 
requirements, these parties are also encouraged to address whether the 
Commission should measure the relevant population based on the entire 
wide-area, individual EAs located within a wide-area system, or some 
other alternative. In addition, interested parties are asked to address 
how the Commission should determine the new timetable for construction 
of wide-area systems. The Bureau stated that one option would be to 
adopt the three and five year benchmarks that were adopted for 800 MHz 
EA licensees, and begin the construction period as of the effective 
date of the new construction requirements. The Bureau asked for comment 
on whether the three and five year benchmarks for wide-area licensees 
would be fair to EA 800 MHz licensees given that wide-area licensees 
have already had a number of years to construct their systems. The 
Bureau also requested comment on alternative construction timetables, 
and on whether the Commission should require a wide-area licensee to 
construct a minimum number of frequencies throughout its wide-area 
system.
    4. Additionally in this document, the Bureau also permits 
interested parties to present alternative proposals for construction 
requirements for wide-area licensees. Parties that do present 
alternative proposals are asked to consider that their proposals should 
balance the need to provide wide-area licensees with construction 
requirements that are not unduly burdensome with the need to ensure 
that wide-area licensees do not warehouse spectrum or unreasonably 
delay service to the public. Moreover, parties are asked to address the 
specific technical differences and similarities associated with 
constructing commercial wide-area 800 MHz SMR systems, EA 800 MHz 
systems, and other wireless services that are licensed on a geographic 
basis, and how these differences and similarities should affect the 
construction requirements for wide-area licensees.

Federal Communications Commission.
Jim Schlichting,
Deputy Bureau Chief, Wireless Telecommunications Bureau.
[FR Doc. 99-14835 Filed 6-10-99; 8:45 am]
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