[Federal Register Volume 64, Number 180 (Friday, September 17, 1999)]
[Rules and Regulations]
[Pages 50466-50467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24234]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PR Docket No. 92-235; FCC 99-203]


Private Land Mobile Radio Services

AGENCY: Federal Communications Commission.

ACTION: Final rule; stay.

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SUMMARY: By this document, the Commission grants petitions to stay rule 
changes providing that frequencies formerly assigned on a shared basis 
to the Power Radio Service, Petroleum Radio Service, or Railroad Radio 
Service must be coordinated by the frequency coordinator formerly 
solely responsible for the service in question (or be coordinated with 
that coordinator's prior written concurrence). The stay will remain in 
effect pending resolution of petitions for reconsideration of the rule 
changes, during which time any Industrial/Business Pool coordinator may 
coordinate these frequencies.

DATES: Effective August 5, 1999. The Commission will publish a document 
announcing the termination of this stay.

FOR FURTHER INFORMATION CONTACT: Scot Stone of the Wireless 
Telecommunications Bureau, Public Safety and Private Wireless Division, 
at (202) 418-0680.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Fourth 
Memorandum Opinion and Order in PR Docket No. 92-235, FCC 99-203, 
adopted August 4, 1999, and released August 5, 1999. The complete text 
may be purchased from the Commission's copy contractor, International 
Transcription Services, 1231 20th Street, NW, Washington, DC 20036, 
telephone (202) 857-3800, facsimile (202) 857-3805. Alternative formats 
(computer diskette, large print, audio cassette, and Braille) are 
available to persons with disabilities by contacting Martha Contee at 
(202) 418-0260, TTY (202) 418-2555, or at [email protected]. The full 
text of the Fourth Memorandum Opinion and Order is available for 
inspection and copying during normal business hours in the FCC 
Reference Center, 445 12th St., SW, Room CY-A257, Washington, DC 20554. 
The full text of the Fourth Memorandum Opinion and Order can also be 
downloaded at:

http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc99203.txt or
http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc99203.wp

Summary of the Fourth Memorandum Opinion and Order

    1. On July 7 and 9, 1999, respectively, MRFAC, Inc. (MRFAC) and 
Forest Industries Telecommunications (FIT) requested that the 
Commission stay the effective date of recent amendments to 47 CFR 
90.35, 90.175, until the issues raised in their petitions for 
reconsideration are addressed.
    2. Formerly, the Private Land Mobile Radio service frequencies in 
the bands below 512 MHz were divided into twenty separate radio 
services, including the Power, Petroleum, Forest Products, 
Manufacturers, and Railroad Radio Services. The Commission certified 
one frequency coordinator to make frequency recommendations for each 
service. The coordinators for the services mentioned were, 
respectively, UTC, the Telecommunications Association (UTC), the 
American Petroleum Institute (API), FIT, MRFAC, and the American 
Association of Railroads (AAR).
    3. In the Second Report and Order in this proceeding, 62 FR 18834 
(rel. April 17, 1997), the Commission consolidated the twenty services 
into two broad frequency pools, Public Safety and Industrial/Business. 
All of the services listed above were consolidated into the Industrial/
Business Pool. Generally, the Commission allowed coordination of any 
Industrial/Business frequency by any of the coordinators of the 
services that were consolidated into that pool, who would then notify 
the other in-pool frequency coordinators within one business day. The 
Commission provided, however, that frequencies formerly allocated 
solely to the Power, Petroleum, or Railroad Radio Service could be 
coordinated only by the relevant frequency coordinator. The Commission 
made this exception in order to ensure that licensees in those 
services, who sometimes use radio as a critical tool for responding to 
emergencies that could be extremely dangerous to the general public, 
not incur harmful interference from other licensees.
    4. API sought reconsideration of the Second Report and Order, on 
the grounds that this exception did not provide sufficient protection 
to incumbent petroleum operations because most of the frequencies 
formerly allocated to the Petroleum Radio Service were shared with 
other services. In the Second Memorandum Opinion and Order in this 
proceeding, 64 FR 36258 (rel. July 6, 1999), the Commission amended the 
rules to require that frequencies formerly allocated to the Power, 
Petroleum, or Railroad Radio Services on an exclusive or shared basis 
be coordinated only by the frequency coordinator of the relevant 
service, or, at the relevant frequency coordinator's discretion, with 
its written concurrence.
    5. MRFAC and FIT have raised substantial issues regarding the 
propriety and utility of the rule changes adopted in the Second 
Memorandum Opinion and Order. It is likely that they will incur much 
greater harm if the rules are permitted to take effect than might 
accrue to UTC and API if they are stayed. We conclude, therefore, on 
balance, that MRFAC and FIT have shown that it is in the public 
interest to grant the requested stay while the Commission examines 
these issues, in order to permit frequency coordinators to continue 
coordinating frequencies they have coordinated for years, and preserve 
coordination customers' options. We also find that limiting the stay to 
certain frequency coordinators or certain frequencies would engender 
greater confusion than it would avoid. Therefore, we shall stay in 
their entirety the changes to Secs. 90.35 and 90.175 of the 
Commission's Rules requiring that frequencies formerly allocated on a 
shared basis to the Power, Petroleum, or Railroad Radio Services be 
coordinated

[[Page 50467]]

by UTC, API, or AAR, respectively (or, at their discretion, with their 
written concurrence). The stay will be in effect until the Commission 
resolves their Petitions for Reconsideration of the Second Memorandum 
and Order in this proceeding.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
    In the final rule published on July 6, 1999, in amendatory 
instruction 4 on page 36262 beginning in the second column the 
following amendments to Sec. 90.35 are stayed effective August 5, 1999: 
153.035 MHz through 153.4025 MHz, 153.4025 MHz through 153.4625 MHz, 
153.485 MHz through 153.5225 MHz, 153.545 MHz through 153.5825 MHz, 
153.605 MHz through 153.6425 MHz, 153.665 MHz through 153.6675 MHz, 
158.145 MHz through 158.1825 MHz, 158.205 MHz through 158.2425 MHz, 
158.265 MHz through 158.3325 MHz, 158.355 MHz through 158.3775 MHz, 
158.415 MHz through 158.4375 MHz, 173.250 MHz, 173.300 MHz, 173.350 
MHz, 451.175 MHz, 451.225 MHz, 451.275 MHz, 451.375 MHz, 451.425 MHz, 
451.475 MHz, 451.525 MHz, 451.550 MHz, 451.575 MHz, 451.600 MHz, 
451.625 MHz, 451.650 MHz, 451.675 MHz, 451.700 MHz, 451.750 MHz, 
452.325 MHz, 452.375 MHz, 452.425 MHz, 452.475 MHz, 452.775 MHz, 
452.825 MHz, 452.875 MHz, 456.175 MHz, 456.225 MHz, 456.275 MHz, 
456.375 MHz, 456.425 MHz, 456.475 MHz, 456.525 MHz, 456.550 MHz, 
456.575 MHz, 456.600 MHz, 456.625 MHz, 456.650 MHz, 456.675 MHz, 
456.700 MHz, 456.750 MHz, 457.325 MHz, 457.375 MHz, 457.425 MHz, 
457.475 MHz, 457.775 MHz, 457.825 MHz, 457.875 MHz, 462.475 MHz, 
462.525 MHz, 467.475 MHz, and 467.525 MHz of paragraph (b)(3), and 
paragraphs (c)(80) and (c)(81).

[FR Doc. 99-24234 Filed 9-16-99; 8:45 am]
BILLING CODE 6712-01-P