[Federal Register Volume 64, Number 145 (Thursday, July 29, 1999)]
[Proposed Rules]
[Pages 41059-41060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19496]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 22, 24, 26, 27, 73, 74, 80, 87, 90, 95, 97, and 101

[WT Docket No. 99-87, RM-9332, RM-9405; DA 99-1431]


Comments Requested on Licensing of PMRS Channels in the 800 MHz 
Band for Use In Commercial SMR Systems

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; request for additional comments.

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SUMMARY: This document supplements the Notice of Proposed Rule Making 
(``NPRM'') published in the Federal Register of May 3, 1999, regarding 
Revised Competitive Bidding Authority. This document requests comment 
on whether the Commission should amend its licensing rules for the 800 
MHz band to allow the incorporation of Private Mobile Radio Service 
channels into a Commercial Mobile Radio Service system.

DATES: Comments must be filed on or before August 2, 1999 and reply 
comments must be filed on or before September 16, 1999.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, S.W., 
Room TW-A325, Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Gary D. Michaels, Auctions and 
Industry Analysis Division, Wireless Telecommunications Bureau, at 
(202) 418-0660, or Ramona Melson, Public Safety and Private Wireless 
Division, Wireless Telecommunications Bureau, at (202) 418-0680.

SUPPLEMENTARY INFORMATION: This is a summary of a Public Notice (DA 99-
1431) released on July 21, 1999. The full text of the Public Notice is 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Room CY-A257, 445 Twelfth Street, 
S.W., Washington, D.C. 20554, and may also be purchased from the 
Commission's duplicating contractor, International Transcription 
Services, 1231 20th Street, NW, Washington, DC 20036, (202) 857-3800. 
The Public Notice is also available on the Internet at the Commission's 
web site: http://www.fcc.gov/wtb/documents.html.

Synopsis of Document

    1. On July 21, 1999, the Wireless Telecommunications Bureau 
(``Bureau'') issued an Order (DA 99-1404) conditionally granting in 
part and denying in part 50 Requests for Waiver submitted by Nextel 
Communications, Inc. (``Nextel'') in conjunction with applications 
seeking the Commission's consent to assignment of Part 90 Private 
Mobile Radio Service (``PMRS'') Business channels from various entities 
to Nextel (``Nextel Order''). In its waiver requests, Nextel indicated 
that it desired to utilize these PMRS frequencies for Commercial Mobile 
Radio Service (``CMRS'') operation in its 800 MHz Specialized Mobile 
Radio (``SMR'') systems. Nextel sought waiver of Sections 90.617 and/or 
90.619 of the Commission's rules, 47 CFR 90.617 and 90.619, because 
these rules do not permit the authorization of SMR systems on Business 
Radio Category and Industrial/Land Transportation Category channels.
    2. In the Nextel Order, the Bureau conditionally granted Nextel's 
waiver requests to the extent that Nextel will use the PMRS frequencies 
predominantly to relocate incumbent licensees on the upper 200 channels 
of the 800 MHz band. However, the Bureau denied Nextel's waiver 
requests to the extent that Nextel sought a waiver for the purpose of 
incorporating PMRS Business channels in its CMRS system.
    3. In the Nextel Order, the Bureau concluded that the practical 
effect of granting Nextel's waiver requests would have been to 
establish a policy of general applicability for all Private Land Mobile 
Radio (``PLMR'') channels. Thus, the Bureau determined that the issue 
of incorporating PMRS channels into CMRS systems was better addressed 
in a rulemaking proceeding than in a rule waiver proceeding. The Bureau 
noted

[[Page 41060]]

that the Commission recently adopted a Notice of Proposed Rule Making, 
seeking comment on the impact of the Balanced Budget Act of 1997 on the 
Commission's licensing schemes for private radio services. See 
Implementation of Sections 309(j) and 337 of the Communications Act of 
1934 as Amended, WT Docket No. 99-87, RM-9332, RM-9405, Notice of 
Proposed Rule Making, 64 FR 23571, May 3, 1999 (``Balanced Budget Act 
NPRM''). In light of the ongoing proceeding examining licensing issues 
concerning private spectrum in the 800 MHz band, as well as other 
bands, the Bureau decided that it would not grant a broad waiver of 
existing licensing rules for the 800 MHz band.
    4. In the Balanced Budget Act NPRM, the Commission noted Nextel's 
pending waiver requests in seeking comment on whether it should 
consider the purpose for which spectrum is used or allocated in 
deciding whether to implement geographic area licensing. The Bureau 
issues this Public Notice as a supplement to the Balanced Budget Act 
NPRM. The Bureau specifically incorporates the record gathered in 
response to Nextel's waiver requests into WT Docket No. 99-87 and seeks 
comment on the underlying issues raised by Nextel's waiver requests. 
Specifically, the Bureau seeks comment on whether the Commission should 
amend its licensing rules for the 800 MHz band to allow the 
incorporation of PMRS channels into a CMRS system. The Bureau seeks 
comment on whether the licensing of PMRS frequencies in the 800 MHz 
band for commercial SMR use would serve the public interest. If parties 
believe it would be in the public interest to allow PMRS channels in 
the 800 MHz band to be incorporated into a CMRS system, but only under 
certain conditions, they should describe these conditions and address 
how they should be implemented and enforced.
    5. Comments and reply comments submitted in response to this Public 
Notice will be incorporated as part of the record in WT Docket No. 99-
87, and addressed by the Commission in that proceeding. Interested 
parties may file comments on or before August 2, 1999. Parties 
interested in submitting reply comments must do so on or before 
September 16, 1999. Parties should limit their comments to the issue of 
licensing PMRS spectrum in the 800 MHz band for commercial SMR use.
    6. All comments should reference WT Docket No. 99-87 and should be 
filed with the Office of the Secretary, Federal Communications 
Commission, 445 Twelfth Street, S.W., Room TW-A325, Washington, DC 
20554. In addition, courtesy copies of each filing should be sent to 
Gary D. Michaels, Auctions and Industry Analysis Division, Wireless 
Telecommunications Bureau, and Ramona Melson, Public Safety and Private 
Wireless Division, Wireless Telecommunications Bureau, Federal 
Communications Commission, 445 Twelfth Street, S.W., Washington, DC 
20554. A copy of each filing should also be sent to International 
Transcription Services, Inc., 445 Twelfth Street, S.W., Room CY-B400, 
Washington, DC 20554.
    7. Copies of comments and reply comments will be available for 
inspection and duplication during regular business hours in the FCC 
Reference Information Center, Room CY-A257, 445 Twelfth Street, S.W., 
Washington, DC 20554. Copies also may be obtained from International 
Transcription Services, Inc., 445 Twelfth Street, S.W., Room CY-B400, 
Washington, DC 20554, (202) 314-3070.
    8. This is a permit-but-disclose proceeding. Ex-parte presentations 
are permitted provided that they are disclosed as specified in the 
Commission's rules. See generally, 47 CFR 1.1202, 1.1203, and 1.1206.

    Federal Communications Commission.
Mark R. Bollinger,
Deputy Chief, Auctions and Industry Analysis Division, Wireless 
Telecommunications Bureau.
[FR Doc. 99-19496 Filed 7-28-99; 8:45 am]
BILLING CODE 6712-01-P