[Federal Register Volume 65, Number 57 (Thursday, March 23, 2000)]
[Rules and Regulations]
[Page 15559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7131]



[[Page 15559]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 20, 22, 24, 80, 90, 99

[GN Docket No. 93-252; FCC 00-66]


Petitions for Reconsideration; Regulation of Mobile Radio 
Services

AGENCY: Federal Communications Commission.

ACTION: Final rule; petitions for reconsideration.

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SUMMARY: This document denies petitions for reconsideration of the 
Second Report and Order (Second R&O) in this proceeding, regarding 
regulatory treatment of mobile services. Some of the petitions are 
dismissed because they provide no new information warranting 
reconsideration of the Second R&O, and others are dismissed because the 
issues raised are either moot or beyond the scope of this proceeding.

FOR FURTHER INFORMATION CONTACT: Jane Phillips, 202-418-1310.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
in GN Docket No. 93-252, FCC 00-66, adopted February 25, 2000, and 
released March 10, 2000. The complete text of this document is 
available on the Commission's Internet site, at www.fcc.gov. It is also 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Courtyard Level, 445 12th Street, 
SW, Washington, DC, and may be purchased from the Commission's copy 
contractor, International Transcription Services, Inc., CY-B400, 445 
12th Street, SW, Washington, DC.

Synopsis of the Order

    1. On February 3, 1994, the Commission adopted the CMRS Second 
Report and Order (59 FR 18493, April 19, 1994), which implemented 
revisions to sections 3(n) and 332 of the Communications Act of 1934, 
which were enacted in the Omnibus Budget Reconciliation Act of 1993. 
These revisions created a comprehensive framework for the regulation of 
mobile radio services, including existing common carrier mobile 
services, private land mobile services, and new services such as 
Personal Communications Services. Between May 19 and July 1, 1994, the 
Commission received 15 petitions for reconsideration of the CMRS Second 
Report and Order, 19 oppositions, and 12 reply comments addressing a 
broad range of issues. (A list of parties filing petitions for 
reconsideration, oppositions and comments, and reply comments to the 
oppositions may be found in Appendix A of the full text of this Order.)
    2. Some issues raised by petitioners on reconsideration are outside 
the scope of the CMRS Second Report and Order and are dismissed on that 
basis. (see, for example, footnote 3 of the full text of the Order.) 
Many of the issues raised on reconsideration have subsequently given 
rise to, or been addressed in, separate proceedings. (see footnote 4 of 
the full text of the Order.) Still others, including several requests 
for clarification, have been rendered moot by other subsequent events 
or Commission actions. (See footnote 5 of the full text of the Order.) 
The Commission in the CMRS Second Report and Order addressed several of 
the remaining issues previously. Because none of the petitioners has 
presented new information or argument that would warrant reversal, the 
Commission denies these petitions.
    3. The two remaining issues, raised by McCaw Cellular 
Communications, Inc., concern requests that the Commission preempt 
states from requiring CMRS providers to file informational tariffs and 
from imposing their own interconnection requirements on CMRS providers. 
In the absence of evidence in the record that states are attempting to 
exercise jurisdiction with respect to informational tariffs and CMRS 
interconnection requirements, there appears to be neither a reason to 
address these issues nor a record sufficient to support substantive 
decisions with respect to them. Consequently, the Commission denies 
this petition.

Ordering Clause

    4. The petitions for reconsideration, or portions thereof, filed by 
the American Mobile Telecommunications Association, McCaw Cellular 
Communications, Inc., MCI Telecommunications Corporation, the Personal 
Communications Industry Association, and the National Cellular 
Resellers Association with respect to the CMRS Second Report and Order 
in GN Docket No. 93-252 are denied on the merits. The remaining 
petitions, or portions thereof, filed by the American Mobile 
Telecommunications Association, Ameritech, CUE Network Corporation, GTE 
Service Corporation, McCaw Cellular Communications, Inc., MCI 
Telecommunications Corporation, the National Association of Regulatory 
Utility Commissioners, the National Cellular Resellers Association, the 
New York Department of Public Service, Pacific Bell, the Pennsylvania 
Public Utility Commission, SEIKO Telecommunications Systems, Inc., and 
the Waterway Communications System, Inc. are dismissed because the 
issues raised are either moot or beyond the scope of this proceeding.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-7131 Filed 3-22-00; 8:45 am]
BILLING CODE 6712-01-P