[Federal Register Volume 64, Number 172 (Tuesday, September 7, 1999)]
[Notices]
[Page 48620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23164]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 99-1571]


QUALCOMM's Pioneers Preference

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Commission released a document on August 10, 1999, that 
dismisses Sprint Spectrum L.P. (Sprint) and PrimeCo Personal 
Communications, L.P., (PrimeCo) as parties to QUALCOMM, Incorporated 
pioneer preference proceeding. Since there is no longer any possibility 
that QUALCOMM's pioneer's preference will lead to the rescission of any 
license held by Sprint or PrimeCo, we are hereby dismissing Sprint and 
PrimeCo as parties to QUALCOMM's pioneer's preference proceeding.

FOR FURTHER INFORMATION CONTACT: Rodney Small, Office of Engineering 
and Technology, (202) 418-2452.

SUPPLEMENTARY INFORMATION: This is a summary of the text of the 
Commission's Public Notice, GEN Docket 90-314, DA 99-1571 released 
August 10, 1999. The document is available for inspection and copying 
during normal business hours in the FCC Reference Center, Room CY-A257, 
445 12th Street, S.W., Washington, D.C., and also may be purchased from 
the Commission's duplication contractor, International Transcription 
Service, (202) 857-3800, 1231 20th Street, N.W. Washington, D.C. 20036.
    1. On February 25, 1997, Sprint and PrimeCo became parties to the 
QUALCOMM, Incorporated's (QUALCOMM's) pioneer's preference proceeding. 
We explained that because the Court of Appeals for the D.C. Circuit 
(Court) had recently vacated the Commission's decision to deny 
QUALCOMM's application for a 2 GHz broadband Personal Communications 
Services (PCS) pioneer's preference in the Southern Florida area, there 
was the possibility of a conflict between QUALCOMM's application and 
the fact that the only two broadband PCS licenses in the Miami-Ft. 
Lauderdale, Florida, Major Trading Area (MTA) had already been awarded 
to Sprint and PrimeCo.
    2. Subsequently, the Commission dismissed QUALCOMM's application 
for a pioneer's preference; however, QUALCOMM appealed that dismissal, 
and the Court granted QUALCOMM's petition for review. In its decision, 
the Court stated:

    The FCC's sole discretion on remand * * * was to fashion an 
appropriate remedy for QUALCOMM in view of the fact that the Miami-
Fort Lauderdale MTA sought by QUALCOMM had been awarded as a result 
of an auction to Sprint. QUALCOMM and the intervenors [Sprint and 
PrimeCo] argued on remand, and the FCC did not claim to the 
contrary, that the FCC had authority to grant QUALCOMM alternative 
relief.

    3. On August 9, 1999, in compliance with the Court's decision, the 
Commission released an Order granting QUALCOMM a pioneer's preference. 
In the Order, the Commission stated that it planned to act promptly to 
identify suitable frequency spectrum for an award of a license to 
QUALCOMM.
    4. We agree with Sprint, PrimeCo, and QUALCOMM that the Commission 
has the authority to grant QUALCOMM relief without rescinding, or 
otherwise adversely affecting, the broadband PCS licenses held by 
Sprint and PrimeCo in the Miami-Fort Lauderdale MTA. Moreover, in its 
decision, the Court strongly suggested that it expects the Commission 
to grant QUALCOMM relief without rescinding either of the Miami MTA 
licenses currently held by Sprint and PrimeCo. We also believe that the 
Commission at this point has no intention of taking a license from 
either Sprint or PrimeCo in order to award a license to QUALCOMM. Since 
there is no longer any possibility that QUALCOMM's pioneer's preference 
will lead to the rescission of any license held by Sprint or PrimeCo, 
we are hereby dismissing Sprint and PrimeCo as parties to QUALCOMM's 
pioneer's preference proceeding.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 99-23164 Filed 9-3-99; 8:45 am]
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