DA 01-688

March 15, 2001

***WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR RULE
CHANGE AND CONDITIONALLY WAIVES SECTION 1.929(C)(1) TO PERMIT EXPANSION
OF PAGING CONTOURS OVER WATER ON A SECONDARY BASIS.***

Pursuant to Section 1.925 of the Commission's rules,[^1] 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 Section 1.929(c)(1) of the Commission's rules to
treat certain modifications to paging stations as minor
modifications.[^2] 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.[^3] 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 section 1.929(c)(1). *See* Karl A. Rinker, d/b/a
Rinker's Communications, Request for Declaratory Ruling, 14 FCC Rcd.
19546 (WTB 1999).[^4] 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 Section 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 C.F.R. §§
1.1200(a) & 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
C.F.R. § 1.1206(b). Other rules pertaining to oral and written *ex
parte* presentations in permit-but-disclose proceedings are set forth in
Section 1.1206(b) of the Commission's rules, 47 C.F.R. § 1.1206(b).

Comments on the Waiver Request must be filed on or before April 16,
2001**,** and reply comments by May 1, 2001. All documents filed in this
proceeding should indicate in the caption that this matter is before the
Wireless Telecommunications Bureau, Commercial Wireless Division, Policy
and Rules Branch and reference Public Notice DA No. 01-688. 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 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: ecfs@fcc.gov, 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., S.W., Room TW-A325,
Washington, D.C. 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, S.W. Washington
D.C. 20554; one paper copy to the Public Reference Room, Federal
Communications Commission, 445 Twelfth Street, S.W, 20554; and one paper
copy and one diskette copy to ITS, Room CYB-400, 445 Twelfth St. S.W.,
Washington D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Leon Jackler of the Commercial Wireless
Division at (202) 418-0946 or ljackler@fcc.gov.

By the Deputy Chief, Wireless Telecommunications Bureau.

[^1]: Section 1.925 permits the Commission to waive specific
    requirements of the rules pursuant to a waiver request, or on it own
    motion, if it finds that (1) the underlying purpose of the rule
    would not be served or would be frustrated by application of the
    instant case, and that a grant of the requested waiver would be in
    the public interest; or 2) in view of the unique or unusual factual
    circumstances of the instant case, application of the rule(s) would
    be inequitable, unduly burdensome or contrary to the public
    interest, or the applicant has no reasonable alternative. 47 C.F.R §
    1.925(a) and (b).

[^2]: Licensees may make minor modifications to station authorizations,
    as defined in Section 1.929, as a matter of right without prior
    Commission approval. 47 C.F.R. § 1.947(b).

[^3]: 47 C.F.R. § 1.947. Section 1.947(a) states, "All major
    modifications, as described in section 1.929 of this part, require
    prior Commission approval. Applications for major modifications also
    shall be treated as new applications for determination of filing
    date, Public Notice, and petition to deny purposes."

[^4]: Rinker sought a declaratory ruling from the Commission as to
    whether contour extensions over the Atlantic Ocean are major or
    minor modifications. The Branch concluded that Rinker's request was
    effectively asking for a rule change and was not properly the
    subject of a declaratory ruling. The Branch, accordingly, denied
    Rinker's request.