[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Rules and Regulations]
[Pages 62119-62120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29783]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[FCC 99-321]
Extension of the Time for Consummation and Notification of
Wireless Transfers and Assignments
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document amends the Commission's rules to extend the time
by which parties must notify the Commission of consummation of an
approved wireless license transfer or assignment from 60 to 180 days.
The intended effect of this change is to facilitate the rapid
deployment of wireless services to the public and enhance the ability
of wireless industries to compete effectively in the marketplace.
DATES: Effective November 16, 1999.
FOR FURTHER INFORMATION CONTACT: Jeffrey Steinberg or David Judelsohn,
Commercial Wireless Division, Wireless Telecommunications Bureau, (202)
418-0620.
SUPPLEMENTARY INFORMATION: This Order, adopted October 28, 1999, and
released November 2, 1999, amends Sec. 1.948(d) of the Commission's
rules. An OMB 83-C ``Change/Correction Worksheet'' has been submitted
to the Office of Management and Budget. The Order is available for
inspection and copying during normal business hours in the FCC
Reference Center, 445 12th Street, S.W., Washington D.C. The complete
text may be purchased from the Commission's copy contractor,
International Transcription Service, Inc., 1231 20th Street, N.W.,
Washington D.C. 20036 (202) 857-3800.
Synopsis of the Order
By this Order, we amend Sec. 1.948(d) of the Commission's rules to
extend the time by which parties must notify the Commission of
consummation of an approved wireless license transfer or assignment
from 60 to 180 days. The amendment is being made pursuant to the
Commission's initiative to streamline its regulations in an effort to
facilitate the rapid deployment of wireless services to the public and
enhance the ability of wireless industries to compete effectively in
the marketplace. Because this rule change involves a rule of agency
procedure, general notice and an opportunity to comment are not
required. 5 U.S.C. 553(b)(3)(A).
Currently, Sec. 1.948(d) of the Commission's rules requires all
wireless radio service licensees to consummate a transfer or assignment
that requires prior Commission approval and notify the Commission of
such consummation within 60 days of public notice of approval, unless a
request for an extension of time to consummate is filed prior to the
expiration of this 60-day period. 47 CFR 1.948(d). See Biennial
Regulatory Review--Amendment of Part 0, 1, 13, 22, 24, 26, 27, 80, 87,
90, 95, 97, and 101 of the Commission's Rules to Facilitate the
Development and Use of the Universal Licensing System in the Wireless
Telecommunications Bureau, WT Docket No. 98-20, 13 FCC Rcd 21027
(1998). 63 FR 68904 (December 14, 1998). It has been our experience,
however, that many wireless licensees request Commission approval of
these transactions well in advance and routinely require more than 60
days to consummate a transaction after Commission approval. As a
result, parties are required to request extensions of the 60-day
period, thereby forcing the Commission to allocate limited resources to
process these requests.
We believe that this problem can be resolved by expanding the 60-
day period for consummation and notification to 180 days. Under the
rule that we adopt today, parties to an approved wireless license
transfer or assignment will be required to consummate the transaction
and notify the Commission of consummation
[[Page 62120]]
within 180 days of public notice of Commission approval. In addition,
this notification must occur no later than 30 days after consummation.
If parties fail to consummate and notify the Commission within 180
days, or fail to request an extension within the 180 day period,
approval of the transfer or assignment will automatically be rescinded.
We conclude that the rule we adopt today will relieve substantial
administrative burdens on licensees and the Commission staff by
eliminating the need for parties to request extensions of time in all
but the rarest circumstances. Because most extension requests are
routinely granted, this general extension of the time to consummate
transactions will not harm the public interest. Based on our
experience, we believe 180 days will be enough time to permit most
parties to complete their transactions, and that this time frame is
short enough to reasonably ensure that the facts on which the
Commission's approval is based will not have changed significantly
before the transaction is consummated. At the same time, the
requirement that notification occur no later than 30 days after
consummation will ensure that ownership information in the Commission's
databases remains up to date. We note that this 30-day period is the
same amount of time given where transfers and assignments do not
require prior Commission approval. We also note that this rule change
does not modify our authority to impose additional consummation and
notification requirements on specific transactions. For example, it has
been our practice to require licensees participating in the
Commission's installment payment plan to be current in their payments.
Thus, prior to consummation, the transferor or assignor continues to be
obligated to meet all payment deadlines. Furthermore, prospective
transferees or assignees of licenses subject to installment payments
may be required to provide signed loan documents to the Commission
prior to consummation of the transaction.
Accordingly, It is ordered that, pursuant to section 4(i) of the
Communications Act, as amended, 47 U.S.C. 154(i), and section
553(b)(3)(A) of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(A), Sec. 1.948(d) of the Commission's rules, 47 CFR 1.948(d),
is amended as described.
This Order is effective upon publication in the Federal Register.
As a result, the new rule will apply to all transfers and assignments
that are pending or have been approved, but not consummated, at the
time of, and after, Federal Register publication.
List of Subjects in 47 CFR Part 1
Administrative practice and procedure.
Magalie Roman Salas,
Secretary.
For the reasons set forth in the preamble, amend part 1 of title 47
of the Code of Federal Regulations as follows:
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for part 1.948 continues to read:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309.
Sec. 1.948 [Amended]
2. Revise Sec. 1.948(d) to read as follows:
* * * * *
(d) Notification of consummation. In all Wireless Radio Services,
licensees are required to notify the Commission of consummation of an
approved transfer or assignment using FCC Form 603. The assignee or
transferee is responsible for providing this notification, including
the date the transaction was consummated. For transfers and assignments
that require prior Commission approval, the transaction must be
consummated and notification provided to the Commission within 180 days
of public notice of approval, and notification of consummation must
occur no later than 30 days after actual consummation, unless a request
for an extension of time to consummate is filed on FCC Form 603 prior
to the expiration of this 180-day period. For transfers and assignments
that do not require prior Commission approval, notification of
consummation must be provided on FCC Form 603 no later than 30 days
after consummation, along with any necessary updates of ownership
information on FCC Form 602.
* * * * *
[FR Doc. 99-29783 Filed 11-15-99; 8:45 am]
BILLING CODE 6712-01-P