[Federal Register Volume 65, Number 109 (Tuesday, June 6, 2000)]
[Proposed Rules]
[Pages 35875-35877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13962]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 24

[GEN Docket No. 90-314, ET Docket No. 92-100, PP Docket No. 93-253; FCC 
00-159]


Narrowband Personal Communications Services; Competitive Bidding

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rule making.

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SUMMARY: In this document the Commission seeks comment on whether it 
should license the one megahertz of narrowband Personal Communications 
Services (PCS) spectrum that has been held in reserve. The Commission 
seeks comment on how to channelize this one megahertz and on whether 
the unlicensed narrowband PCS spectrum that has already been 
channelized should be rechannelized to create licenses authorizing the 
use of larger blocks of spectrum.

DATES: Comments are due on or before July 5, 2000, and reply comments 
are due on or before July 20, 2000.

ADDRESSES: All comments and reply comments must be sent to Office of 
the Secretary, Federal Communications Commission, 445 12th Street, SW, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Alice Elder, Auctions and Industry 
Analysis Division, Wireless Telecommunications Bureau, at (202) 418-
0660.

SUPPLEMENTARY INFORMATION: This is a summary of a Second Further Notice 
of Proposed Rule Making (Second FNPRM) adopted on May 5, 2000, and 
released on May 18, 2000. The complete text of this Second FNPRM is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room CY-A257), 445 12th Street, SW, 
Washington, DC. It may also be purchased from the Commission's copy 
contractor, International Transcription Services, Inc. (ITS, Inc.), 
1231 20th Street, NW, Washington, DC 20036, (202) 857-3800. It is also 
available on the Commission's web site at http://www.fcc.gov/wtb/auctions.

Synopsis of the Second Further Notice of Proposed Rule Making

    1. The Commission tentatively concludes that it is in the public 
interest to proceed with licensing the one megahertz of narrowband PCS 
spectrum that has been held in reserve. Although a number of commenters 
argue that it is premature to auction this spectrum, considerable time 
has elapsed since these comments were filed. Moreover, the demand for 
spectrum has increased dramatically as a result of explosive growth in 
wireless communications and there is very little unencumbered spectrum 
available for new services. Thus, the Commission believes that the 
narrowband PCS reserve spectrum, which is unencumbered, should be made 
available to those interested in bringing new and innovative services 
to the public. To facilitate the introduction of new and innovative 
services, the Commission also tentatively concludes

[[Page 35876]]

that the reserve spectrum should be auctioned along with all of the 
other remaining unlicensed narrowband PCS spectrum. If the Commission 
ultimately decides that it is not in the public interest to auction the 
reserve spectrum at the same time as other remaining unlicensed 
spectrum, it nonetheless believes that it should proceed now with 
channelizing the reserve spectrum so that it is prepared to license 
this spectrum without delay when the market is ready to use it. The 
Commission seeks comment on these tentative conclusions.
    2. The Commission seeks comment on how the reserve spectrum should 
be channelized. The current record does not provide an adequate basis 
for determining the best channelization plan for this spectrum. In 
Amendment of the Commission's Rules to Establish New Personal 
Communications Services, Narrowband PCS, Report and Order, 62 FR 27507 
(May 20, 1997), and Further Notice of Proposed Rulemaking, 62 FR 27563 
(May 20, 1997), the Commission sought comment on establishing two 300 
kHz licenses and one 400 kHz license, and the Commission believes that 
it may make sense to create channel blocks that are larger than those 
currently in existence. Larger blocks may be useful to those seeking to 
provide innovative services.
    3. In light of its tentative conclusion that the reserve spectrum 
should be auctioned simultaneously with all other remaining unlicensed 
narrowband PCS spectrum, the Commission also seeks comment on whether 
the unlicensed spectrum that has already been channelized should be 
rechannelized to create licenses authorizing the use of larger blocks 
of spectrum. The Commission asks commenters to address whether such 
rechannelization would facilitate the development of innovative 
services or otherwise assist narrowband PCS licensees in competing 
against other wireless sectors.

Procedural Matters

A. Ex Parte Rules--Permit-But-Disclose Proceeding

    4. This is a permit-but-disclose notice and comment rule making 
proceeding. Ex parte presentations are permitted except during the 
Sunshine Agenda period, provided they are disclosed as provided in the 
Commission's rules. See generally 47 CFR 1.1202, 1.1203, and 1.1206(a).

B. Regulatory Flexibility Act Analysis

    5. As required by the Regulatory Flexibility Act, 5 U.S.C. 603, the 
Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) for this Second FNPRM.

C. Paperwork Reduction Act Analysis

    6. This Second FNPRM contains neither a new nor a modified 
information collection.

D. Comment Dates

    7. Pursuant to applicable procedures set forth in 47 CFR 1.415, 
1.419, interested parties may file comments on or before July 5, 2000, 
and reply comments on or before July 20, 2000. All relevant and timely 
comments will be considered by the Commission before final action is 
taken in this proceeding. Comments may be filed using the Commission's 
Electronic Comment Filing System (ECFS) or by filing paper copies. See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 
(May 1, 1998). Parties who choose to file by paper must file an 
original and four copies of each filing. If interested parties want 
each Commissioner to receive a personal copy of their comments, an 
original plus nine copies must be filed. If more than one docket or 
rulemaking number appear in the caption of this proceeding, commenters 
must submit two additional copies for each additional docket or 
rulemaking number. All comments and reply comments must be sent to the 
Commission's Secretary, Magalie Roman Salas, Office of the Secretary, 
Federal Communications Commission, 445 12th Street, SW, Room TW-A325, 
Washington, D.C. 20554. One copy should also be sent to the 
Commission's copy contractor, International Transcription Service, 
Inc., 1231 20th Street, NW, Washington, DC 20036. In addition, a 
courtesy copy should be delivered to Alice Elder, Auctions and Industry 
Analysis Division, Wireless Telecommunications Bureau, Federal 
Communications Commission, 445 12th Street, SW, Washington, DC 20554.
    8. Parties who choose to file by paper should also submit their 
comments on diskette. These diskettes should be submitted to Alice 
Elder, Auctions and Industry Analysis Division, Wireless 
Telecommunications Bureau, Federal Communications Commission, 445 12th 
Street, SW, Washington, DC 20554. Such a submission should be on a 3.5 
inch diskette formatted in an IBM compatible format using Word or 
compatible software. The diskette should be accompanied by a cover 
letter and should be submitted in ``read only'' mode. The diskette 
should be clearly labeled with the commenter's name, proceeding 
(including GEN Docket No. 90-314, ET Docket No. 92-100, PP Docket No. 
93-253), type of pleading (comment or reply comment), date of 
submission, and the name of the electronic file on the diskette. The 
label should also include the following phrase: ``Disk Copy--Not an 
Original.'' Each diskette should contain only one party's pleadings, 
preferably in a single electronic file. In addition, commenters must 
send diskette copies to the Commission's copy contractor, International 
Transcription Service, Inc., 1231 20th Street, NW, Washington, DC 
20036.
    9. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs.html>. 
Generally, only one copy of an electronic submission must be filed. If 
multiple docket or rulemaking numbers appear in the caption of this 
proceeding, however, commenters must transmit one electronic copy of 
the comments to each docket or rulemaking number referenced in the 
caption. In completing the transmittal screen, commenters should 
include their full name, Postal Service mailing address, and a 
reference to GEN Docket No. 90-314, ET Docket No. 92-100, and PP Docket 
No. 93-253. Parties may also submit an electronic comment by Internet 
e-mail. To obtain filing instructions for e-mail comments, commenters 
should send an e-mail to [email protected], and should include the following 
words in the body of the message: ``get form your e-mail address>.'' A 
sample form and directions will be sent in reply. Or you may obtain a 
copy of the ASCII Electronic Transmittal Form (FORM-ET) at http://www.fcc.gov/efile/email.html.
    10. Documents filed in this proceeding will be available for public 
inspection during regular business hours at the FCC Reference 
Information Center, 445 12th Street, SW, Washington, DC 20554, and will 
be placed on the Commission's Internet site.

E. Ordering Clauses

    11. Authority for issuance of this Second FNPRM is contained in 
sections 4(i), 257, 303(r), and 309(j) of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 257, 303(r), and 309(j).
    12. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this Second FNPRM, including 
the Initial Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration.

[[Page 35877]]

Initial Regulatory Flexibility Analysis

    13. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared this present Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on small 
entities by the policies and rules proposed in this Second FNPRM. 
Written public comments are requested on this IRFA. Comments must be 
identified as responses to the IRFA and must be filed by the deadlines 
for comments on the Second FNPRM. The Commission will send a copy of 
the Second FNPRM, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration. See 5 U.S.C. 603(a).

A. Need for and Objectives of this Action

    14. This Second FNPRM is being initiated to secure comment on the 
Commission's tentative conclusion that the one megahertz of narrowband 
PCS reserve spectrum should be licensed. The Commission believes that 
this spectrum, which is unencumbered, should be made available to those 
interested in bringing new and innovative services to the public, and 
that the Commission should work to avoid any shortage of spectrum that 
might limit service options. The Second FNPRM also seeks comment on how 
the reserve spectrum should be channelized. The Commission believes 
that creating channel blocks that are larger than those currently in 
existence may be useful to those seeking to provide innovative 
services. Finally, the Second FNPRM seeks comment on whether 
rechannelizing the unlicensed spectrum that has already been 
channelized, to create licenses authorizing the use of larger blocks of 
spectrum, would facilitate the development of innovative services or 
otherwise assist narrowband PCS licensees in competing against other 
wireless sectors.

B. Legal Basis

    15. This action is authorized under sections 4(i), 303(r), and 
309(j) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
303(r), and 309(j).

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    16. The Final Regulatory Flexibility Analysis (FRFA) for the Second 
R&O adopted simultaneously with the Second FNPRM describes in detail 
the small entities that the Commission expects will be affected by the 
rules adopted in the Second R&O (published elsewhere in this issue of 
the Federal Register). These same entities would be affected by the 
rules proposed in the Second FNPRM. The number and description of such 
entities contained in Section iii of the FRFA are hereby incorporated 
in this IRFA.

D. Reporting, Recordkeeping, and Other Compliance Requirements

    17. The Commission does not anticipate any additional reporting, 
recordkeeping, or other compliance requirements as a result of this 
Second FNPRM.

E. Steps Taken to Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    18. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives:
    (a) The establishment of differing compliance or reporting 
requirements or timetables that take into account the resources 
available to small entities;
    (b) The clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities;
    (c) The use of performance, rather than design, standards; and
    (d) An exemption from coverage of the rule, or any part thereof, 
for small entities.
    19. In the Second FNPRM the Commission seeks comment on whether the 
narrowband PCS reserve spectrum should be licensed. The Commission 
believes that licensing this spectrum would make it easier for 
innovators to acquire spectrum and develop services, and that this goal 
is consistent with promoting opportunities for small businesses. The 
Commission also seeks comment on whether rechannelizing the unlicensed 
spectrum that has already been channelized would assist narrowband PCS 
licensees in competing against other services.

F. Federal Rules That Overlap, Duplicate, or Conflict With These Rules

    20. None.

List of Subjects in 47 CFR Part 24

    Communications common carriers, Personal communications services, 
Radio, Reporting and recordkeeping requirements.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 00-13962 Filed 6-2-00; 8:45 am]
BILLING CODE 6712-01-P