[Federal Register Volume 65, Number 124 (Tuesday, June 27, 2000)]
[Rules and Regulations]
[Pages 39559-39560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16187]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PR Docket No. 89-552 and GN Docket No. 93-252; FCC 00-187]


Use of the 220-222 MHz Band by the Private Land Mobile Radio 
Service Regarding Geographic Partitioning and Spectrum Disaggregation

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document disposes of two Petitions for Reconsideration of 
the Fifth Report and Order in this docket, in which the Commission 
adopted geographic partitioning and spectrum disaggregation rules for 
the 220-222 MHz service. This document dismisses as moot Rand McNally & 
Company's (RMC's) Petition for Reconsideration to remove the references 
to Major Trading Areas (MTAs) and Basic Trading Areas (BTAs) in the 220 
MHz partitioning rules. This document also grants in part Intek's 
Petition for Reconsideration by clarifying that the options afforded to 
220 MHz service licensees for satisfying the Commission's construction 
requirements in cases of partitioning and disaggregation, and the 
consequences of not satisfying such requirements, exactly mirror the 
options and consequences for partitioning and disaggregation imposed on 
broadband personal communications service (PCS) licensees. In all other 
respects, Intek's Petition for Reconsideration is denied. Finally, this 
document amends the construction requirements of the Commission's rules 
for licensing and use of frequencies in the 220-222 MHz band to restore 
language that was inadvertently deleted in an earlier order specifying 
the consequences of failure to construct by parties to a disaggregation 
agreement. The Commission's goals in taking these actions are to 
promote more efficient use of the spectrum, increase opportunities for 
a variety of entities to participate in the provision of 220 MHz 
service, and expedite delivery of 220 MHz service to unserved areas.

DATES: Effective August 28, 2000.

FOR FURTHER INFORMATION CONTACT: Jeffrey Steinberg, Wireless 
Telecommunications Bureau at (202) 418-0896.

SUPPLEMENTARY INFORMATION: This document addresses implementing 
Congress' goal of giving small businesses, as well as other entities, 
who lack the financial resources for participation in auctions, the 
opportunity to participate in the provision of spectrum-based services. 
Also, this document is consistent with the Communications Act's mandate 
to identify and eliminate market entry barriers for entrepreneurs and 
small businesses in the provisions and ownership of telecommunications 
services. This document also clarifies aspects of the construction 
requirements for 220 MHz licensees as set out in the Commission's 
rules, as well as, disposes of two Petitions for Reconsideration of the 
Fifth Report and Order, 63 FR 49291 (September 15, 1998).
    2. This Memorandum Opinion and Order was released on May 30, 2000, 
and 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. This Memorandum 
Opinion and Order is also available via the Internet at http://www.fcc.gov/Bureaus/Wireless/Orders/2000/.

Supplemental Final Regulatory Flexibility Certification

    3. The Regulatory Flexibility Act of 1980, as amended,\1\ requires 
that a final regulatory flexibility analysis be prepared for notice-
and-comment rulemaking proceedings, unless the agency certifies that 
the rule will not have a significant economic impact on a substantial 
number of small entities.\2\ We certify that the rule change adopted in 
this Memorandum Opinion and Order will not have a significant economic 
impact on a substantial number of small entities because it does not 
effect any substantive policy change, but only restores language that 
was previously inadvertently deleted from the Commission's rules.
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    \1\ The Regulatory Flexibility Act of 1980, see 5 U.S.C. 601 et 
seq., has been amended by the Contract With America Advancement Act 
of 1996, Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II 
of the CWAAA is the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA).
    \2\ 5 U.S.C. 605(b).
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A. Report to Congress

    4. The Commission will send a copy of this Memorandum Opinion and 
Order, including a copy of the Supplemental Final Regulatory 
Flexibility Certification, in a report to Congress pursuant to SBREFA, 
see 5 U.S.C. 801(a)(1)(A). In addition, the Memorandum Opinion and 
Order and this certification will be sent to the Chief Counsel for 
Advocacy of the Small Business Administration, and will be published in 
the Federal Register. See 5 U.S.C. 605(b).

B. Ordering Clauses

    5. Pursuant to section 4(i) of the Communications Act, 47 U.S.C. 
154(i), and section 1.108 of the Commission's rules, the Memorandum 
Opinion and Order in this proceeding released on March 29, 2000, FCC 
00-102, IS VACATED.
    6. Pursuant to sections 4(i), 303(g), 303(r), 332(a)(2), and 405 of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(g), 
303(r), 332(a)(2), and 405, the Petition for Reconsideration filed by 
Rand McNally & Company on October 13, 1998, is dismissed, and the 
Petition for Reconsideration filed on October 15, 1998, by Intek Global 
Corporation IS GRANTED to the extent stated herein and otherwise 
denied.
    7. The rule adopted shall become effective August 28, 2000. This 
action is taken pursuant to sections 4(i) and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(r).
    8. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this Memorandum Opinion and 
Order, including the Supplemental Final Regulatory Flexibility 
Certification, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Part 90

    Reporting and recordkeeping requirements.

    Federal Communications Commission.

Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications

[[Page 39560]]

Commission amends 47 CFR part 90 as follows:

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    1. The authority citation for part 90 continues to read as follows:

    Authority: Sections 4(i), 11, 303(g), 303(r), 332(c)(7) of the 
Commissions Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 
303(r), 332(c)(7).


    2. Section 90.1019 is amended by revising paragraph (d)(2) to read 
as follows:


Sec. 90.1019  Eligibility for partitioned licenses.

* * * * *
    (d) * * *
    (2) Requirements for disaggregation. Parties seeking authority to 
disaggregate spectrum must certify in FCC Form 601 which of the parties 
will be responsible for meeting the five-year and ten-year construction 
requirements for the particular market as set forth in Secs. 90.767 or 
90.769, as applicable. Parties may agree to share responsibility for 
meeting the construction requirements. If one party accepts 
responsibility for meeting the construction requirements and later 
fails to do so, then its license will cancel automatically without 
further Commission action. If both parties accept responsibility for 
meeting the construction requirements and later fail to do so, then 
both their licenses will cancel automatically without further 
Commission action.

[FR Doc. 00-16187 Filed 6-26-00; 8:45 am]
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