[Federal Register Volume 66, Number 70 (Wednesday, April 11, 2001)]
[Notices]
[Pages 18774-18775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8845]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 01-688]


Expansion of Paging Contours Over Water on a Secondary Basis

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Federal Communications Commission (``the 
Commission'') seeks comment on a Request for Rule Change filed by the 
Paging and Messaging Alliance of the Personal Communications Industry 
Association (``PCIA'') to treat certain modifications to paging 
stations as minor modifications. Further, the Commission conditionally 
waives its rules governing the classification of filings as major or 
minor, in order to determine whether prior expansions of paging 
composite interference contours (``CICs'') over water that licensees 
carried out on a permissive basis are in compliance with the rules, and 
to clear up any uncertainty about what procedures should apply to 
similar future expansions.

DATES: Submit comments on or before April 16, 2001, and reply comments 
not later than May 1, 2001.

FOR FURTHER INFORMATION CONTACT: Leon Jackler, Policy and Rules Branch, 
Commercial Wireless Division, Wireless Telecommunications Bureau, at 
(202) 418-0946.

SUPPLEMENTARY INFORMATION: This Public Notice (``Notice'') in DA 01-
688, released on March 15, 2001 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/fec.gov/Bureaus/Wireless/Public_Notices/2001/index.3html under filenames 
da010688.doc or da010688.txt.

ADDRESSES: Comments may be filed via the Commission's Electronic 
Comment Filing System (ECFS) via the Internet to http://www.fcc.gov/e-file/ecfs.html. In

[[Page 18775]]

completing the transmittal screen, commenters should include their full 
name and Postal Service mailing address, and reference Public Notice DA 
No. 01-688. Parties may also submit electronic comments by Internet e-
mail. To get filing instructions for e-mail comments, commenters should 
send an e-mail to: [email protected], including ``get form your e-mail 
address>'' in the body of the message. A sample form and directions 
will be sent in reply.
    Interested parties who choose to file by paper must file an 
original and four copies of their comments with the Office of the 
Secretary, Federal Communications Commission, 445 Twelfth St., SW., 
Room TW-A325, Washington, DC 20554.
    In addition, parties should send: one paper copy to Leon Jackler, 
Room 4B-445, and one paper copy to Policy and Rules Branch, Room 4-A-
207, Commercial Wireless Division, Wireless Telecommunications Bureau, 
Federal Communications Commission, 445 Twelfth Street, SW., Washington, 
DC 20554; one paper copy to the Public Reference Room, Federal 
Communications Commission, 445 Twelfth Street, SW., Washington, DC 
20554; and one paper copy and one diskette copy to ITS, Room CYB-400, 
445 Twelfth St,. SW., Washington, DC 20554.

Synopsis of the Public Notice

    Pursuant to Sec. 1.925 of the Commission's rules, the Wireless 
Telecommunications Bureau (Bureau) seeks comment on a Request for Rule 
Change filed by the Paging and Messaging Alliance of the Personal 
Communications Industry Association (PCIA). PCIA filed the request 
seeking amendment of Sec. 1.929(c)(1) of the Commission's rules to 
treat certain modifications to paging stations as minor modifications. 
Specifically, PCIA requests that the Commission treat as minor 
modifications those expansions of paging composite interference 
contours (CICs) that occur solely (1) beyond the land border of the 
United States or (2) over large bodies of water (oceans, gulfs, sounds, 
bays, and the Great Lakes, but not rivers).
    According to PCIA, the Commission's historical practice in the 
paging service has been to allow permissive extensions of CICs over 
water when processing applications. As a result, PCIA argues that a 
significant number of paging licensees have considered all extensions 
over water to be minor and have not filed major modification 
applications for such extensions. The filing of this Request for Rule 
Change was precipitated by an order released by the Policy and Rules 
Branch of the Commercial Wireless Division wherein the Branch concluded 
that all increases of CICs, including extensions over water, should be 
treated as major filings under Sec. 1.929(c)(1). See Karl A. Rinker, d/
b/a Rinker's Communications, Request for Declaratory Ruling, 14 FCC 
Rcd. 19546 (WTB 1999). PCIA claimed in its request that the Rinker 
decision has caused uncertainty about whether prior expansions over 
water that licensees carried out on a permissive basis are in 
compliance with the rules, and about what procedures should apply to 
similar future expansions. We seek comment on PCIA's request.
    While the PCIA request is pending, the Bureau believes there is 
good cause to waive the rules conditionally to permit paging contour 
extensions over water on an interim basis. Licensees providing service 
in coastal areas often need to relocate or adjust transmitting 
facilities in order to maintain and improve coverage. While these 
extensions do not involve expansion of composite contours over land, 
they may involve expansion of contours over water. Further, CIC 
expansions that take place solely over water should pose no risk of 
interference to other systems on land, and processing such modification 
applications would be a major burden on both licensees and the Bureau. 
The Bureau concludes that conditional waiver is appropriate to allow 
licensees to continue to maintain and upgrade their systems while the 
Commission considers PCIA's request.
    We therefore conditionally waive Sec. 1.929(c)(1) of the 
Commission's rules in order to consider permissive CIC extensions over 
water subject to the following conditions. First, all such extensions 
are on a secondary, non-interference basis, and must not cause 
interference to co-channel licensees. Second, we define ``over water'' 
for purposes of this waiver to mean into bodies of water that extend 
beyond county boundaries, i.e. including but not limited to oceans, the 
Gulf of Mexico, and the Great Lakes. Third, this waiver does not change 
our rules and policies regarding expansions over land.
    Paging licensees that seek contour expansions over land, or 
expansions over water on a primary basis, must continue to seek prior 
Commission approval and request a waiver of the rules.
    This matter shall be treated as a ``permit but disclose'' 
proceeding in accordance with the Commission's ex parte rules. 47 CFR 
1.1200(a) and 1.1206. Persons making oral ex parte presentations are 
reminded that memoranda summarizing the presentations must contain 
summaries of the substance of the presentations and not merely a 
listing of the subjects discussed. More than a one or two sentence 
description of the views and arguments presented is generally required. 
See 47 CFR 1.1206(b). Other rules pertaining to oral and written ex 
parte presentations in permit-but-disclose proceedings are set forth in 
Sec. 1.1206(b) of the Commission's rules, 47 CFR 1.1206(b).

    Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-8845 Filed 4-10-01; 8:45 am]
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