[Federal Register Volume 64, Number 244 (Tuesday, December 21, 1999)]
[Notices]
[Pages 71456-71457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32930]


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FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 99-332; FCC 99-348]


Making the Frequency 156.250 MHz Available for Port Operations 
Purposes in Los Angeles and Long Beach, CA Ports

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Order portion of this document states that the Commission 
generally holds in abeyance and will not process pending applications 
for public safety pool frequencies of 156.240 and 156.2475 MHz within 
100 miles of the geographic center of Los Angeles. The Commission takes 
this action to stop processing applications while it considers a 
proposal to utilize the frequency 156.250 MHz for port operations in 
the Los Angeles and Long Beach area.

DATES: Effective November 15, 1999.

FOR FURTHER INFORMATION CONTACT: James Shaffer of the Commission's 
Wireless Telecommunications Bureau at (202) 418-0680.

SUPPLEMENTARY INFORMATION:
    1. This is a summary of the Commission's Notice of Proposed Rule 
Making and Order FCC 99-348, adopted on November 15, 1999, and released 
on November 19, 1999. The full text of this Notice of Proposed Rule 
Making and Order 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. The complete text may be purchased from 
the Commission's copy contractor, International Transcription Service, 
Inc., 1231 20th Street, N.W. Washington, D.C. 20037.
    2. Effective upon the adoption date of this Notice of Proposed Rule 
Making and Order, no applications for public safety pool frequencies of 
156.240 and 156.2475 MHz within 100 miles of the geographic center of 
Los Angeles will be accepted for filing during the pendency of the 
Notice of Proposed Rule Making and Order. Any applications received on 
or after this date will be returned as unacceptable for filing.
    3. Our decision to impose the freeze on Public Safety Pool 
frequencies of 156.240 and 156.2475 MHz within 100 miles of the 
geographic center of Los Angeles is procedural in nature and therefore 
the freeze is not subject to the notice and comment and effective date 
requirements of the Administrative Procedures Act. See 5 U.S.C. 
553(b)(A), (d); Kessler v. FCC, 326 F.2d 673 (D.C. Cir. 1963). 
Moreover, there is good cause for the Commission's not using notice and 
comment procedures in this case, or making the freeze effective 30 days 
after publication in the Federal Register, because to do so would be 
impractical, unnecessary, and contrary to the public interest because 
compliance would undercut the purpose of the freeze. See 5 U.S.C. 
553(b)(A), (d)(3).

Ordering Clauses

    4. Authority for issuance of this Notice of Proposed Rule Making 
and Order is contained in Sections 4(i), 4(j), 303(r), and 403 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), and 
403.
    5. NOTICE IS HEREBY GIVEN and COMMENT IS SOUGHT on the proposed 
regulatory changes described in the Notice of Proposed Rule Making and 
Order, as set forth in Proposed rules.
    6. IT IS FURTHER ORDERED that the Commission's Office of Public 
Affairs, Reference Operations Division, SHALL SEND a copy of this 
Notice of Proposed

[[Page 71457]]

Rule Making and Order, including the Initial Regulatory Flexibility 
Analyses, to the Chief Counsel for Advocacy of the Small Business 
Administration.
    7. IT IS FURTHER ORDERED that effective upon the release date of 
this Notice of Proposed Rule Making and Order, no applications will be 
accepted for filing for the public safety frequencies of 156.240 and 
156.2475 MHz within 100 miles of the geographic center of Los Angeles, 
defined as 34 deg. 03' 15'' north latitude and 118 deg. 14' 28'' west 
longitude. This freeze will continue until the Commission makes an 
announcement that such applications acceptance will resume.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 99-32930 Filed 12-20-99; 8:45 am]
BILLING CODE 6712-01-P