[Federal Register Volume 67, Number 94 (Wednesday, May 15, 2002)]
[Proposed Rules]
[Pages 34651-34653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12062]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[WT Docket No. 00-87; FCC 02-83]


Repetitious or Conflicting Applications

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document the Commission proposes to amend its rules 
concerning repetitious or conflicting applications. This proposal will 
simplify and clarify the Commission's rules and promote the most 
efficient use of the Commission's resources.

DATES: Written comments on the proposed are due on or before June 14, 
2002 and reply comments are due on or before July 1, 2002.

ADDRESSES: Commission's Secretary, Marlene H. Dortch, Office of the 
Secretary, Federal Communications Commission, 445 12th St., SW., 
Washington, DC 20554. Filings can be sent first class by the US Postal 
Service, by an overnight courier or hand and messenger-delivered. Hand 
and message-delivered paper filings must be delivered to 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. Overnight 
courier (other than U.S. Postal Service Express Mail and Priority Mail) 
must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

FOR FURTHER INFORMATION CONTACT: Genevieve Augustin, Esq., 
[email protected], Policy and Rules Branch, Public Safety and Private 
Wireless Division, Wireless Telecommunications Bureau, (202) 418-0680, 
or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Notice of Proposed Rule Making, FCC 02-83, 
adopted on March 14, 2002, and released on March 20, 2002. The full 
text of this document is available for inspection and copying during 
normal business hours in the FCC Reference Center, Room CY-A257, 445 
12th Street, SW., Washington, DC 20554. The complete text may be 
purchased from the Commission's copy contractor, Qualex International, 
445 12th Street, SW., Room CY-B402, Washington, DC 20554. The full text 
may also be downloaded at: www.fcc.gov. Alternative formats are 
available to persons with disabilities by contacting Brian Millin at 
(202) 418-7426 or TTY (202) 418-7365.
    1. In this Notice of Proposed Rule Making (``NPRM''), the 
Commission proposes to amend Sec. 1.937 of its Rules to prohibit the 
filing of any repetitious license application in the Wireless Radio 
Services within twelve months of the denial or dismissal with prejudice 
of a substantially similar application. The Commission's Rules have 
long prevented the filing of repetitious license applications. As 
written, however, Sec. 1.937 can be interpreted as permitting the 
filing of other repetitious applications that are not specified in the 
rule. In at least one instance, a licensee has filed a repetitious 
application for the same service less than twelve months after the 
denial of his renewal

[[Page 34652]]

application. Such cases can consume significant resources to re-
litigate identical issues involving the same applicants very close in 
time. Therefore, we hereby propose to amend Sec. 1.937 to prohibit any 
repetitious application in the Wireless Radio Services within twelve 
months of the denial or dismissal with prejudice of a substantially 
similar application.
    2. Also the Commission proposes to streamline its Rules by 
combining Secs. 1.937(a) and (b) into one simplified rule. Our goal is 
to simplify and clarify our rules against repetitious applications. 
This will promote the most efficient use of the Commission's resources 
by preventing the filing of such applications and barring applicants 
from immediately re-litigating decided matters.

I. Procedural Matters

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

    3. 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 our 
Rules.

B. Regulatory Flexibility Act

    4. The Regulatory Flexibility Act (RFA) requires that an agency 
prepare a regulatory flexibility analysis for notice and comment 
rulemakings, unless the agency certifies that ``the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.'' The purpose of this Notice is to prohibit the 
filing of applications for radio station licenses within twelve months 
of the denial of a substantially similar application. This change is 
proposed to promote the most efficient use of the Commission's 
resources by preventing the immediate filing of repetitious 
applications. The proposed rule change does not impose any additional 
compliance burden on small entities regulated by the Commission. 
Accordingly, we certify, pursuant to section 605(b) of the RFA, that 
the rule proposed in this Notice will not have a significant economic 
impact upon a substantial number of small entities, as that term is 
defined by the RFA. The Commission's Office of Public Affairs, 
Reference Operations Division, shall send a copy of this Notice, 
including this certification, to the Chief Counsel for Advocacy of the 
Small Business Administration in accordance with the RFA. We shall also 
publish a copy of this certification in the Federal Register. With 
respect to the proposed rules, we shall analyze the information 
submitted during the comment period and, if we determine at the time we 
issue a final rule that such final rule changes will have a significant 
economic impact on a significant number of small entities, we shall 
prepare a Final Regulatory Flexibility Analysis.

C. Paperwork Reduction Act

    5. This Notice does not contain either a proposed or modified 
information collection.

D. Comment Dates

    6. Pursuant to Secs. 1.415 and 1.419 of the Commission's Rules, 
interested parties may file comments on or before June 14, 2002 and 
reply comments on or before July 1, 2002. Comments may be filed using 
the Commission's Electronic Filing System (ECFS) or by filing paper 
copies.
    7. 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, then 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 the 
applicable docket or rulemaking number. 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.
    8. Parties who choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rulemaking 
number appears in the caption of this proceeding, commenters must 
submit two additional copies for each additional docket or rulemaking 
number. All filings must be sent to the Commission's Secretary, Marlene 
H. Dortch, Office of the Secretary, Federal Communications Commission, 
445 12th St., SW., Washington, DC 20554. Filings can be sent first 
class by the US Postal Service, by an overnight courier or hand and 
messenger-delivered. Hand and message-delivered paper filings must be 
delivered to 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 
20002. Overnight courier (other than U.S. Postal Service Express Mail 
and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol 
Heights, MD 20743.
    9. Parties who choose to file by paper should also submit their 
comments on diskette. These diskettes should be submitted to: Genevieve 
Augustin, Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau, 445 12th St., SW., Room 3-A431, Washington, 
DC 20554. Such a submission should be on a 3.5-inch diskette formatted 
in an IBM compatible format using Microsoft Word 97 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 the 
lead docket number in this case, WT Docket No. 02-87), 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 should send diskette copies to the 
Commission's copy contractor, Qualex International, Inc., 445 12th St., 
SW., Room CY-B402, Washington, DC 20554.

II. Ordering Clauses

    10. Pursuant to Sections 4(i), 303(r), and 403 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), 403, 
this Notice of Proposed Rule Making is hereby adopted, and notice is 
hereby given of the proposed regulatory changes described in the Notice 
of Proposed Rule Making and contained in the rule changes.

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 
and 325(e).

    2. Section 1.937 is amended by revising paragraphs (a) and (c) and 
by removing and reserving paragraph (b) to read as follows:

[[Page 34653]]

Sec. 1.937  Repetitious or conflicting applications.

    (a) Where the Commission has, for any reason, dismissed with 
prejudice or denied any license application in the Wireless Radio 
Services, or revoked any such license, the Commission will not consider 
a like or new application involving service of the same kind to 
substantially the same area by substantially the same applicant, its 
successor or assignee, or on behalf of or for the benefit of the 
original parties in interest, until after the lapse of 12 months from 
the effective date of final Commission action.
    (b) [Reserved]
    (c) If an appeal has been taken from the action of the Commission 
dismissing with prejudice or denying any application in the Wireless 
Radio Services, or if the application is subsequently designated for 
hearing, a like application for service of the same type to the same 
area, in whole or in part, filed by that applicant or by its successor 
or assignee, or on behalf or for the benefit of the parties in interest 
to the original application, will not be considered until the final 
disposition of such appeal.
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[FR Doc. 02-12062 Filed 5-14-02; 8:45 am]
BILLING CODE 6712-01-P