[Federal Register Volume 66, Number 223 (Monday, November 19, 2001)]
[Rules and Regulations]
[Pages 57884-57885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28883]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 96-18; PR Docket No. 93-253; DA 01-2650]


Interim Licensing Rules for Shared Paging Channels

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document concerns the interim licensing rules for lower 
band shared paging channels and the five 929 MHz shared paging channels 
(Shared Paging Channels). The intended effect is to remove the interim 
licensing rules with respect to filing applications for licenses at new 
sites on the Shared Paging Channels and to allow any qualified entity 
to submit applications for licenses on these channels at any location.

DATES: Effective November 19, 2001.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Cyndi Thomas, Policy and Rules Branch, 
Commercial Wireless Division, Wireless Telecommunications Commission, 
at (202) 418-0620.

SUPPLEMENTARY INFORMATION: This is a summary of the Order (``Order'') 
in WT Docket No. 96-18 and PR Docket No. 93-253, DA 01-2650, adopted 
November 13, 2001, and released November 14, 2001. The full text of 
this decision is available for inspection and copying during regular 
business hours in the FCC Reference Center, 445 Twelfth Street, SW, 
Room CY-A257, Washington, DC, and also may be purchased from the 
Commission's copy contractor, International Transcription Service, 
(202) 857-3800, 445 Twelfth Street, SW., Room CY-B402, Washington, DC. 
The complete text is also available under the file name da012650.doc on 
the Commission's Internet Web site at www.fcc.gov.

Synopsis of Order

    Under the Commission's current interim licensing rules for lower 
band shared paging channels and the five 929 MHz shared paging channels 
(Shared Paging Channels), incumbent licensees may file applications for 
new sites at any location. Non-incumbent entities may file applications 
on these Shared Paging Channels, but only for private, internal-use 
systems. In its Third Report and Order (``Third R&O'') (64 FR 33762, 
June 24, 1999) in this proceeding, the Commission directed the Wireless 
Telecommunications Bureau (Bureau) to remove these interim licensing 
rules as applied to Shared Paging Channels once warning language about 
the consequences of failing to meet construction requirements had been 
added to FCC Form 601, the Application for Wireless Telecommunications 
Bureau Radio Service Authorization. Having added the language to FCC 
Form 601, by this Order, the Bureau removes the Commission's interim 
licensing rules with respect to filing applications for licenses at new 
sites on the Shared Paging Channels. Any qualified entity may submit 
applications for licenses on these channels at any location.

I. Interim Licensing Rules and FCC Form 601 Fraud-Warning Language

    In early 1996, the Commission suspended acceptance of new 
applications for paging channels during the pendency of its rulemaking 
proceeding to establish geographic area licensing and competitive 
bidding rules for paging services. Mindful, however, that an across-
the-board freeze on applications might impair the ability of licensees 
to maintain adequate services for their customers, the Commission 
established interim licensing rules initially permitting non-nationwide 
incumbent licensees to add sites to existing systems or modify existing 
sites, provided the additions or modifications did not expand the 
composite interference contour of the licensee's existing system.
    Later that same year, in its First Report and Order (``First R&O'') 
(61 FR 21380, May 10, 1996), the Commission affirmed its decision to 
maintain the freeze on paging applications and to retain the interim 
licensing rules. The Commission, in large part, based its decision to 
maintain the freeze and, specifically, the limitation on incumbent 
applications under the interim licensing rules on its concern that 
lifting the freeze or allowing non-incumbents to file applications on 
either exclusive frequencies or the Shared Paging Channels would lead 
to a flood of speculative applications and increase opportunities for 
application mills to promote fraudulent investment schemes. The 
Commission, however, did relax the interim licensing rules to allow 
non-nationwide incumbent licensees on exclusive frequencies or the 
Shared Paging Channels to file applications for new sites outside the 
licensee's composite interference contour. Proposed sites that would 
expand a service area contour had to be located within forty (40) miles 
of a site for which the licensee had filed an application. Under this 
40-mile requirement, the application for the original site must have 
been filed as of September 30, 1995. The Commission further exempted 
Special Emergency Radio Service providers from the paging freeze, 
allowing those providers to file applications on the Shared Paging 
Channels.
    In 1997, in the Second Report and Order and Further Notice of 
Proposed Rulemaking (``Second R&O'') (62 FR 11616, March 12, 1997) and 
(``FNPRM'') (62 FR 11638, March 12, 1997), the Commission concluded 
that the Shared Paging Channels should not be subject to geographic 
area licensing or competitive bidding procedures. Still concerned about 
consumer fraud and license application speculation on those channels, 
however, the Commission sought comment on how to change licensing and 
frequency coordination procedures to resolve the problems of

[[Page 57885]]

consumer fraud and speculative applications. Pending resolution of 
these issues, and out of caution, the Commission required new 
applications filed for the Shared Paging Channels to continue to be 
processed under the interim licensing rules. The Commission, however, 
again relaxed the interim licensing rules by eliminating the 40-mile 
requirement and allowing incumbents to file for new sites on the Shared 
Paging Channels at any location. The Commission also affirmed its 
decision to allow new applicants to file applications for private, 
internal-use systems. While the interim licensing rules as developed in 
Commission decisions apply to all of the Shared Paging Channels, the 
Second R&O specifically revised Sec. 90.494(g) of the Commission's 
rules to reflect the interim licensing rules for purposes of the five 
929 MHz shared paging channels.
    In the Third R&O, the Commission considered the many comments filed 
on the issue of application fraud. In response, it determined that 
adding language to FCC Form 601 warning applicants that failure of a 
licensee to meet construction or coverage requirements would result in 
termination of the license would be generally helpful to applicants in 
all services and might also help deter fraud. The Commission directed 
the Bureau to remove the interim licensing rules for the Shared Paging 
Channels, including Sec. 90.494(g) of its rules, once the warning 
language was added to FCC Form 601.

II. Lifting the Freeze on Applications for Licenses on the Shared 
Paging Channels

    As of November 9, 2001, the following warning language has been 
added near the signature block on the FCC Form 601 application in 
Universal Licensing System (ULS), as well as the FCC Form 601 available 
through Fax-on-Demand and the Bureau's website: ``Upon grant of this 
license application, the licensee may be subject to certain 
construction or coverage requirements. Failure to meet the construction 
or coverage requirements will result in termination of the license. 
Consult appropriate FCC regulations to determine the construction or 
coverage requirements that apply to the type of license requested in 
this application.''
    The Bureau has initiated the process for printing new paper copies 
of FCC Form 601 that contain the warning language, but those copies 
will not be available to the public for several weeks. As already 
noted, where paper copies of FCC Form 601 may be used or are needed, 
updated applications containing the warning language can be obtained 
from Fax-on-Demand (202-418-2830) or are currently available for 
downloading from http://www.fcc.gov/wtb/csinfo/orderfrm.html. The 
Bureau also notes that applications for new licenses on Shared Paging 
Channels must be filed through certified land mobile frequency 
coordinators. The Bureau has provided the updated version of FCC Form 
601 to each coordinator and has encouraged them to point out the new 
warning language to applicants for the Shared Paging Channels.
    Having added the warning language to FCC Form 601, the Bureau 
eliminates the interim licensing rules that have applied to lower band 
shared paging channels and the five 929 MHz shared paging channels. 
Accordingly, pursuant to the Third R&O, the Bureau removes the interim 
licensing rules developed through Commission decisions as well as 
Sec. 90.494(g) of the Commission's rules as applied to the Shared 
Paging Channels. Any qualified entity may file an application for a 
license on the Shared Paging Channels for new sites at any location. 
Applications for new sites filed on these Shared Paging Channels 
continue to require frequency coordination prior to filing the 
applications with the Commission.

Procedural Matters and Ordering Clauses

    Pursuant to Secs. 4(i), 303(r), and 332 of the Communications Act 
of 1934, as amended, 47 U.S.C. 154(i), 303(r), 332, and the Third R&O, 
the Commission's interim licensing rules as applied to the Shared 
Paging Channels are eliminated and Sec. 90.494(g) of the Commission's 
rules, 47 CFR 90.494(g), is removed as set forth in the Order.
    This action is taken pursuant to the Third R&O and the authority 
delegated in Sec. 0.331 of the Commission's rules, 47 CFR 0.331.
    The provisions of this Order and the Commission's rules, as amended 
in the Order, shall become effective November 19, 2001 in accordance 
with Sec. 1.103 of the Commission's rules, 47 CFR 1.103.

List of Subjects in 47 CFR Part 90

    Paging, Radio.

Federal Communications Commission.
Katherine M. Harris,
Deputy Chief, Commercial Wireless Division, Wireless Telecommunications 
Bureau.

Rule Changes

    For the reasons set forth in the preamble, part 90 of Chapter I of 
title 47 of the Code of Federal Regulations is amended as follows:

PART 90-PRIVATE LAND MOBILE RADIO SERVICES

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

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


Sec. 90.494  [Amended]

    2. Section 90.494 is amended by removing paragraph (g).

[FR Doc. 01-28883 Filed 11-16-01; 8:45 am]
BILLING CODE 6712-01-P