[Federal Register Volume 71, Number 173 (Thursday, September 7, 2006)]
[Rules and Regulations]
[Pages 52750-52751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14788]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 02-55; ET Docket No. 00-258; ET Docket No. 95-18, RM-
9498; RM-10024; FCC 06-63]


Private Land Mobile Services; 800 MHz Public Safety Interference 
Proceeding

AGENCY: Federal Communications Commission.

ACTION: Correcting amendments.

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SUMMARY: The Federal Communications Commission published a document in 
the Federal Register on December 28, 2005, revising Commission rules. 
That document contained discrepancies between the text of the order and 
the final rules set forth at Sec.  90.677. This document corrects the 
final regulations by revising 47 CFR 90.677.

DATES: Effective September 7, 2006.

FOR FURTHER INFORMATION CONTACT: Roberto Mussenden, Public Safety and 
Critical Infrastructure Division at (202) 418-0838.

SUPPLEMENTARY INFORMATION: This is a summary of a Federal 
Communications Commission (FCC) Order which, inter

[[Page 52751]]

alia, corrects a Federal Register document (70 FR 76704, December 28, 
2005). Previously, the FCC released a Memorandum Opinion and Order, 
which among other things amended the rules governing dispute resolution 
between licensees who must reconfigure their systems to alleviate 
interference to public safety communications in the 800 MHz band.
    The Memorandum Opinion and Order contained discrepancies between 
the text of the order and the final rules in Sec.  90.677 of the rules. 
In this document we correct those discrepancies.

List of Subjects in 47 CFR Part 90

    Communications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

0
Accordingly, 47 CFR part 90 is corrected by making the following 
correcting amendments:

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
1. The authority citation for part 90 continues to read as follows:

    Authority: Sections 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).


0
2. Amend Sec.  90.677, by revising paragraph (d) to read as follows:


Sec.  90.677  Reconfiguration of the 806-824/851-869 MHz band in order 
to separate cellular systems from non-cellular systems.

* * * * *
    (d) Transition Administrator. (1) The Transition Administrator, or 
other mediator, shall attempt to resolve disputes referred to it before 
the conclusion of the mandatory negotiation period as described in 
Sec.  90.677(c) within thirty working days after the Transition 
Administrator has received a submission by one party and a response 
from the other party. Any party thereafter may seek expedited non-
binding arbitration which must be completed within thirty days of the 
Transition Administrator's, or other mediator's recommended decision or 
advice. Should issues still remain unresolved after mediation or 
arbitration they shall be referred to the Chief of the Public Safety 
and Critical Infrastructure Division of the Wireless Telecommunications 
Bureau within ten days of the Transition Administrator's or other 
mediator's advice, or if arbitration has occurred, within ten days of 
the completion of arbitration. When referring an unresolved matter to 
the Chief of the Public Safety and Critical Infrastructure Division, 
the Transition Administrator shall forward the entire record on any 
disputed issues, including such dispositions thereof that the 
Transition Administrator has considered. Upon receipt of such record 
and advice, the Commission will decide the disputed issues based on the 
record submitted. The authority to make such decisions is delegated to 
the Chief of the Public Safety and Critical Infrastructure Division of 
the Wireless Telecommunications Bureau who may decide the disputed 
issue or designate it for an evidentiary hearing before an 
Administrative Law Judge. If the Chief of the Public Safety and 
Critical Infrastructure Division of the Wireless Telecommunications 
Bureau decides an issue, any party to the dispute wishing to appeal the 
decision may do so by filing with the Commission, within ten days of 
the effective date of the initial decision, a Petition for de novo 
review; whereupon the matter will be set for an evidentiary hearing 
before an Administrative Law Judge. Any disputes submitted to the 
Transition Administrator after the conclusion of the mandatory 
negotiation period as described in Sec.  90.677(c) shall be resolved as 
described in Sec.  90.677(d)(2).
    (2) If no agreement is reached during either the voluntary or 
mandatory negotiating periods, all disputed issues shall be referred to 
the Transition Administrator, or other mediator, who shall attempt to 
resolve them. If disputed issues remain thirty working days after the 
end of the mandatory negotiation period, the Transition Administrator 
shall forward the record to the Chief of the Public Safety and Critical 
Infrastructure Division, together with advice on how the matter(s) may 
be resolved. The Chief of the Public Safety and Critical Infrastructure 
Division is hereby delegated the authority to rule on disputed issues, 
de novo. If the Chief of the Public Safety and Critical Infrastructure 
Division of the Wireless Telecommunications Bureau decides an issue, 
any party to the dispute wishing to appeal the decision may do so by 
filing with the Commission, within ten days of the effective date of 
the initial decision, a Petition for de novo review; whereupon the 
matter will be set for an evidentiary hearing before an Administrative 
Law Judge.
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 [FR Doc. E6-14788 Filed 9-6-06; 8:45 am]
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