[Federal Register Volume 70, Number 85 (Wednesday, May 4, 2005)]
[Proposed Rules]
[Pages 23080-23081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8682]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 05-62; DA 05-1084]


Amendment of the Commission's Rules to Provide for Flexible Use 
of the 896-901 MHz and 935-940 MHz Bands Allotted to the Business and 
Industrial Land Transportation Pool, and Oppositions

ACTION: Proposed rule; extension of comment period.

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SUMMARY: In this document, the Wireless Telecommunications Bureau (WTB) 
of the Federal Communications Commission (Commission) extends the 
periods for both the comment and reply comment deadlines established in 
the Notice of Proposed Rulemaking (NPRM) adopted by the Commission in 
the 900 MHz B/ILT white space proceeding. The deadline to file comments 
is extended from April 18, 2005, to May 18, 2005, and the deadline to 
file reply comments is extended from May 2, 2005, to June 2, 2005. This 
action is taken to enable interested parties sufficient opportunity to 
review complex issues raised by the NPRM and to provide commenters a 
reasonable period of time to continue discussions with other interested 
parties in an effort to reach consensus that would allow a consistent 
filing position in this matter for most of the 900 MHz user 
communities.

DATES: The agency must receive comments on or before May 18, 2005; and 
reply comments on or before June 2, 2005.

ADDRESSES: You may submit comments, identified by WT Docket No. 05-62, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     E-mail: To receive 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 
.'' A sample form and directions will be sent in 
reply. Include the docket number(s) in the subject line of the message.
     Mail: Appropriate addresses for submitting comments and 
reply comments may be found in the SUPPLEMENTARY INFORMATION section of 
this document.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
rulemaking. All comments received will be posted without change to 
http://www.fcc.gov/cgb/ecfs/, including any personal information 
provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.fcc.gov/cgb/ecfs/.

FOR FURTHER INFORMATION CONTACT: Michael Connelly, Wireless 
Telecommunications Bureau at 202-418-0620, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Order (Order), DA 05-1084, in WT Docket No. 
05-62, (2005 WL 852749 (F.C.C.)), adopted April 14, 2005, and released 
April 14, 2005, which extends the comment and reply comment filing 
deadlines in the 900 MHz B/ILT white space proceeding. The full text of 
this document is available for public inspection and copying during 
regular business hours at the FCC Reference Information Center, 445 
12th St., SW., Room CY-A257, Washington, DC 20554. The complete text 
may be purchased from the Commission's duplicating contractor: Best 
Copy & Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, 
DC 20554, telephone 800-378-3160, facsimile 202-488-5563, or via e-mail 
at [email protected]. The full text may also be downloaded at: http://www.fcc.gov. Alternative formats are available to persons with 
disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202) 
418-7365 or at [email protected].

Synopsis of the Order

    2. On April 14, 2005, the WTB released an Order that extended the 
comment and reply comment filing deadlines established in the NPRM 
adopted by the Commission in this proceeding on February 10, 2005 in WT 
Docket No. 05-62; FCC 05-31, published at 70 FR 13143, March 18, 2005. 
In the NPRM, the Commission seeks public comment regarding a proposal 
to auction unused spectrum in the 896-901 MHz and 935-940 MHz Bands 
presently allotted to the Business and Industrial Land Transportation 
Pool

[[Page 23081]]

(``900 MHz B/ILT Pool''), in order to facilitate flexible use. In 
particular, the Commission proposes to permit any use of the B/ILT 
channels in the 900 MHz band that is consistent with the band's fixed 
and mobile allocations. In addition, the Commission proposes to license 
the remaining spectrum using a geographic area licensing scheme, and to 
adopt service rules, including licensing, technical and operational 
rules for the new geographic licensees.
    3. On April 4, 2005, the United Telecom Council, the National 
Association of Manufacturers and MRFAC, the Association of American 
Railroads, the American Petroleum Institute, the National Rural 
Electric Cooperative Association, and the Enterprise Wireless Alliance 
jointly filed a request for an extension of time to submit comments. 
They contend that the current comment period does not provide 
commenters with a sufficient length of time to provide thorough and 
meaningful responses. They also state that they are conducting 
discussions with other interested parties in an effort to reach 
consensus that would allow a consistent filing position in this matter 
for most of the 900 MHz user communities, and believe that this effort 
will not be complete before the comment filing deadline. On April 12, 
2005, Nextel Communications, Inc. filed an opposition to the comment 
period extension request, arguing that any delay would adversely impact 
the Commission's 800 MHz rebanding effort, 69 FR 67823, November 22, 
2004, and would delay Nextel's opportunity to obtain, through the 
auction process, any unused 900 MHz B/ILT spectrum.

Ordering Clauses

    4. Pursuant to sections 4(i) and 4(j) of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i) and 154(j), and Sec. Sec.  0.131, 
0.331, and 1.46 of the Commission's rules, 47 CFR 0.131, 0.331, and 
1.46, the deadline for filing comments in response to the NPRM, 
published at 70 FR 13143, March 18, 2005, in this proceeding, is 
extended to May 18, 2005, and the deadline for filing reply comments is 
extended to June 2, 2005.

Federal Communications Commission.
Katherine M. Harris,
Deputy Chief, Mobility Division.
[FR Doc. 05-8682 Filed 5-3-05; 8:45 am]
BILLING CODE 6712-01-P