[Federal Register Volume 65, Number 57 (Thursday, March 23, 2000)]
[Proposed Rules]
[Pages 15599-15600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7164]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[PR Docket No. 93-144; FCC 00-95]


Rules to Facilitate Future Development of SMR Systems in the 800 
MHz Frequency Band

AGENCY: Federal Communications Commission.

ACTION: Request for comments.

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SUMMARY: In this document, the Commission requests comment on the 
construction requirements that the Commission should impose on 800 MHz 
Specialized Mobile Radio (SMR) commercial licensees that are part of a 
wide area system (``wide-area licensees'') operating on non-SMR 
channels (e.g., Business and Industrial /Land Transportation (BI/LT) 
channels) through inter-category sharing. Comment is sought based on 
the Commission's decision in its Memorandum Opinion and Order on Remand 
(Remand Order) responding to the decision of the U.S. Court of Appeals 
for the District of Columbia Circuit (Court) in Fresno Mobile Radio, 
Inc. v. FCC (Fresno). The Commission has decided to determine the 
construction status of BI/LT frequencies authorized for SMR use through 
inter-category sharing by separate order in the Fresno Remand 
proceeding. Interested parties may file comments on or before March 27, 
2000. Parties interested in submitting reply comments must do so on or 
before April 6, 2000.

DATES: Comments due March 27, 2000 and Reply Comments due April 6, 
2000.

FOR FURTHER INFORMATION CONTACT: Don Johnson, Wireless 
Telecommunications Bureau, at (202) 418-7240.

SUPPLEMENTARY INFORMATION: This Public Notice in PR Docket No. 93-144, 
adopted and released March 10, 2000 is available for inspection and 
copying during normal business hours in the FCC Reference Center, 445 
Twelfth Street, SW, Washington, DC. The complete text may be purchased 
from the Commission's copy contractor, International Transcription 
Service, Inc., 1231 20th Street, NW, Washington, DC 20036 (202) 857-
3800. The document is also available via the internet at http://www.fcc.gov/Bureaus/Wireless/Public Notice/1999/index2.html.

Synopsis of Public Notice

    The Commission requests comment on the construction requirements 
that the Commission should impose on 800 MHz Specialized Mobile Radio 
(SMR) commercial licensees that are part of a wide area system (``wide-
area licensees'') operating on non-SMR channels (e.g., Business and 
Industrial /Land Transportation (BI/LT) channels) through inter-
category sharing. In the Remand Order, the Commission stated that it 
would allow incumbent wide-area 800 MHz SMR licensees, who were within 
their construction periods at the time of the Fresno decision, to elect 
to satisfy either: (1) Construction requirements similar to those given 
to Economic Area (EA) licensees in the 800 MHz band; or (2) the 
original construction requirements outlined in the 800 MHz 
Rejustification Order. The Remand Order stated that the construction 
status of BI/LT frequencies authorized for SMR use through inter-
category sharing was beyond the scope of the proceeding and would be 
considered in the context of the Commission's rulemaking proceeding to 
implement the Balanced Budget Act of 1997 (BBA proceeding).
    The Commission has decided to determine the construction status of 
BI/LT frequencies authorized for SMR use through inter-category sharing 
by separate order in the Fresno Remand proceeding rather than in the 
BBA proceeding. Therefore, we seek comment on whether the Commission 
should adopt construction rules for these incumbent wide-area licensees 
operating on BI/LT frequencies similar to those adopted in the Remand 
Order for wide-area licensees operating on SMR frequencies. The 
Commission also requests further comment on the applicable construction 
requirements (e.g., substantial service or population-based) for wide-
area SMR licensees that operate on BI/LT frequencies through inter-
category sharing. This request is limited to comments on the 
construction status of BI/LT frequencies authorized for SMR use through 
inter-category sharing. We do not seek comment on any issues relating 
to construction requirements for Private Mobile Radio Service (PMRS) 
licensees.
    The Commission notes that, regardless of its decision in this 
matter, we intend to allow the affected SMR licensees on BI/LT channels 
six months after the adoption of a final order in this proceeding to 
complete buildout, unless a longer period is specified in that order. 
We note that the Bureau has already granted extensions to the Southern 
Company and to Nextel Communications, Inc., of the extended 
implementation period for construction of their Business and 
Industrial/Land Transportation channels, until final rules regarding 
licensing of the BI/LT frequencies in the context of the Commission's 
rulemaking proceeding to implement the Balanced Budget Act of 1997 take 
effect. By this Public Notice, the Commission modifies the term of each 
of these two waivers to expire six months after the adoption of a final 
order in the instant proceeding.
    Interested parties may file comments on or before March 27, 2000. 
Parties interested in submitting reply comments must do so on or before 
April 6, 2000. All comments should reference PR Docket No. 93-144 and 
should be filed with the Office of the Secretary, Federal 
Communications Commission, 445 Twelfth Street, SW, Room TW-B204, 
Washington, DC 20554. A copy of each filing should be sent to 
International Transcription Services, Inc. (ITS), 1231 20th Street, NW, 
Washington, DC 20036. In addition, parties should send two copies each 
to:

(1) Don Johnson, Federal Communications Commission, Wireless 
Telecommunications Bureau, Commercial Wireless Division, Policy and 
Rules Branch, 445 Twelfth Street, SW, Room 4A-332, Washington, DC 
20554; and
(2) Jennifer Mock, Federal Communications Commission, Wireless 
Telecommunications Bureau, Public Safety and Private Wireless Division, 
Policy and Rules Branch, 445 Twelfth Street, SW, Room 3-C400, 
Washington, DC 20554.

    Copies of the comments and reply comments will be available for 
inspection and duplication during regular business hours in the Public 
Reference Room, 445 Twelfth Street,

[[Page 15600]]

SW, Room CY-8257, Washington, DC 20554. Copies also may be obtained 
from ITS, 1231 20th Street, NW, Washington, DC 20036; (202) 857-3800.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-7164 Filed 3-22-00; 8:45 am]
BILLING CODE 6712-01-P