**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

)

In the Matter of )

)

1998 Biennial Regulatory Review -- ) WT Docket No. 98-160

Amendment of Part 0 of the )

Commission\'s Rules to Close the )

Wireless Telecommunications )

Bureau\'s Gettysburg Reference )

Facility )

)

**REPORT AND ORDER**

**Adopted: March 11, 1999 Released: March 24, 1999**

**1. INTRODUCTION AND BACKGROUND**

1\. In this *Report and Order* we amend our rules to eliminate the
Wireless Telecommunications Bureau\'s Reference Room in Gettysburg,
Pennsylvania. We also update Section 0.453 of the Commission's Rules to
accurately reflect the location and availability of license application
information within the Wireless Bureau.

2\. The Commission is constantly seeking to streamline its operations
and improve the quality of service we provide. In a Notice of Inquiry
released February 16, 1996[^1], we solicited suggestions for improving
the Commission\'s processes. Those who responded with comments suggested
that the Commission\'s expert staff be utilized to perform tasks other
than ministerial ones. These ministerial tasks include retrieving
applications, responding to inquiries related to those applications, and
other activities not involving the use of agency discretion.

3\. Section 11 of the Communications Act, as amended, requires the
Commission to conduct a biennial review of regulations applicable to
providers of telecommunications services and to repeal or modify any
regulation it determines to be no longer necessary in the public
interest.[^2] Accordingly, the Commission initiated a comprehensive 1998
biennial review to promote meaningful deregulation and streamlining
where such action is warranted.[^3]

4\. The Gettysburg reference facility operates differently from other
Commission reference rooms. It contains several personal computers
networked to allow users to query the Commission's licensing databases
for wireless services. These computers can also access pending
application data for most land mobile services. Since these computers
were made available in the Gettysburg reference facility several years
ago, requests to access the actual paper applications have significantly
decreased. If desired, the paper applications can be retrieved by the
Commission's staff in Gettysburg or by the duplication services
contractor.[^4]

5\. In addition to accessing data through computers at the Gettysburg
reference facility, the public may also retrieve information from their
own computers. By connecting to the Wireless Bureau's home page at the
Commission's World Wide Web site[^5], interested parties can retrieve
data concerning licenses and applications for wireless authorizations.

6\. The use of electronic filing to request new, modified, and renewed
authorizations for wireless services continues to increase. Currently,
more than half of the applications for wireless services are received by
electronic means.[^6] Applicants for auctions were required to file both
FCC Form 175 and FCC Form 601 electronically as of January 1, 1999.[^7]
Our recently adopted *Report and Order* concerning the Wireless
Bureau\'s Universal Licensing System (ULS)[^8] mandates electronic
filing for applicants and licensees in services that are licensed by
auction, and for frequency coordinators as well as volunteer
examiner-coordinators in the Amateur service. This requirement will take
effect on July 1, 1999, or six months after we begin use of ULS in the
particular service, whichever is later. Since no paper is involved with
these applications, retrieval of data concerning these requests must be
done by accessing the Commission's databases.

7\. On August 31, 1998, we adopted a *Notice of Proposed Rulemaking
(NPRM)*[^9] seeking to streamline our operations through closure of the
Gettysburg reference facility. We noted that the closing of this
reference room recognizes the increase in electronic filing of
applications for wireless licenses and the availability of information
to many more potential users due to the accessibility of license and
application records via the Internet.

8\. We received two comments on the *NPRM* from Comsearch and from
Blooston, Mordkofsky, Jackson & Dickens (BMJD). We also received one set
of timely filed reply comments from Brown and Schwaninger (B&S).
Chadmoore Wireless Group filed reply comments after the deadline
established in the *NPRM*. It should be noted that their comments
support those of Comsearch and BMJD without raising any additional
substantive points.

**2. DISCUSSION**

9\. In the *NPRM*, we stated that electronic access to application and
licensing data made available by the Commission will provide improved
research capabilities over what is currently available in the public
reference room in Gettysburg.[^10] The Wireless Bureau\'s staff in
Gettysburg would continue to accept requests to retrieve documents
available for public inspection, and the Commission\'s duplication
services contractor would also make copies of documents by request for
an established fee. We concluded that the improvements in public access
to licensing data, coupled with alternatives for viewing copies of paper
applications, enable us to close the Gettysburg reference facility. We
sought comments on this proposal.

10\. Neither Comsearch nor BMJD objected to the proposal to close the
reference facility.[^11] However, both they and B&S contend that the
information currently available through the Internet does not include
all of the data that can be accessed through the Gettysburg reference
facility. Comsearch notes that ULS does not yet include systems licensed
in Part 101.[^12] BMJD and B&S found instances where information
available over the Internet was inconsistent with information obtained
in the reference facility, or where needed information simply was not
available.[^13] Comsearch and BMJD believe that the closure of the
Gettysburg reference facility should be delayed until the application
and license information available in paper form through the reference
facility is available electronically.[^14]

11\. Due to the increasing volume of electronic application filing and
the development of ULS and its improved access capabilities, we believe
that closing the Gettysburg reference facility is in the best interest
of the Commission and its customers. We agree, however, with requests to
modify the timing of this closure. While we could adopt the original
proposal in the *NPRM* to close the Gettysburg reference facility 90
days after release of this final order, we believe this would bring
about an increase in the number of requests on the Wireless Bureau\'s
staff in Gettysburg to retrieve paper applications in order to provide
information not currently available via the Internet. This is not only
an inconvenience for the public, it would require more staff resources
to meet these requests than would be necessary if we continue to
temporarily operate the Gettysburg reference facility.

12\. The effective dates for requiring certain applications to be
electronically filed will not take place until later this year. We
anticipate that ULS will be fully operational in all wireless services
during 1999. Once these initiatives are implemented, there will be fewer
paper applications and far more information available from the bureau\'s
single licensing database. ULS will be the sole source for providing
licensing and application data to both Commission staff and the general
public.

13\. In order to attain the efficiencies that would occur from closing
the Gettysburg reference facility, and to continue to provide excellent
service to the public, we modify our proposal in the *NPRM*. The
Gettysburg reference facility will close 90 days after we begin use of
ULS for all services licensed by the Wireless Bureau. This will provide
a reasonable period of time for those who use the Gettysburg reference
facility to become familiar with the information retrieval capabilities
of ULS. Once all services licensed by the Wireless Bureau are converted
to ULS, the Bureau will issue a public notice announcing the specific
date upon which the Gettysburg reference facility will close.

14\. The reply comments filed by B&S raised several other concerns
related to the proposal in the *NPRM*. B&S believes that if the
Gettysburg reference facility were to close, the inadequacy of the
on-line licensing data would effectively preclude the right of an
interested party to file a competent petition to deny or petition for
reconsideration.[^15] B&S also contends that providing only the on-line
licensing data is not in the public interest.[^16] We believe that our
decision to delay closure of the reference facility until 90 days after
we begin use of ULS for all services licensed by the Wireless Bureau
will alleviate these concerns. ULS will provide on-line access or
information concerning substantive attachments and exhibits to an
application. Substantive attachments and exhibits will be scanned into
the ULS, creating a full electronic record.[^17] In addition, petitions
to deny an application and petitions for reconsideration of the
disposition of an application can more easily be associated with the
underlying application, providing a greater likelihood that interested
persons will create a competent filing.

15\. B&S contends that the Commission is making an incorrect assumption
that only pending applications and granted licenses are of interest to
the public. They cite instances where historical data, often the
application by which a license was originally granted, is necessary to
exercise due diligence. B&S particularly cites the future relocation of
incumbent licensees in the Upper 200 channels of the 800 MHz SMR band as
an example of where historical license information is needed.[^18] B&S
contends, however, that this information is available only in Gettysburg
and would not be available if the reference facility is closed.
Currently, older applications must be requested at the counter in the
lobby of the Gettysburg facility. Even if historical application data is
not included for electronic retrieval, this counter will continue to be
open for such requests even after the reference facility is closed.

16\. B&S states that the Commission "apparently intends to charge \$2.30
per minute for access via the ULS on the Commission's wide area network"
and that a cost-study is needed to determine the correct pricing the
Commission should levy for this information.[^19] There is no need for
such a cost-study at the present time, as we do not contemplate charging
for access to electronic licensing data.

17\. B&S contends that the *NPRM* does not make clear the manner in
which the Commission will make information available
electronically.[^20] We disagree. The change to Section 0.453(o) of the
Commission's Rules proposed in the *NPRM* states that "all
authorizations in the Wireless Radio services are available for public
inspection via the Commission's wide area network."

18\. Finally, B&S states that Section 11 of the Communications Act, as
amended, 47 U.S.C. §161, does not provide of authority for modification
of Section 0.453 and 0.455 of the Commission\'s Rules.[^21] We disagree.
The Commission has determined that the first biennial review represents
an excellent opportunity for a serious examination of all of our
regulations, not just those statutorily required to be reviewed. Clearly
the collection and retrieval of application and licensing data applies
to the operation and activities of any provider of telecommunications
service. Citing Section 11 in the *NPRM* and in this *Report and Order*
as a source of authority for modifying the Commission\'s Rules is
appropriate, as the modification arises from the biennial review process
established in that section.

19\. Along with the actions discussed above, we also make two minor
amendments to Section 0.453 to reflect changes made in previous
Commission reorganizations. No comments or reply comments were filed
concerning these amendments. Section 0.453(g)(1) states that application
files and related materials for Microwave Point-to-Point and Digital
Electronic Message Service (DEMS) are located in the Common Carrier
Bureau, Domestic Facilities Reference Room in Washington, DC. For the
past five years, applications for those services have been received and
processed in Gettysburg. All station records were transferred to
Gettysburg at that time and have been accessible through the Gettysburg
reference room. These are among the records that will be available for
electronic public access. Therefore we will delete Section 0.453(g)(1)
from the Commission's rules.

20\. Section 0.453(h) identifies the contents of the Common Carrier
Bureau, Mobile Services Reference Room. On December 1, 1994, the Mobile
Services Division of the Common Carrier Bureau became part of the
Wireless Bureau. Section 0.453(h) is being amended to reflect this
change.

**3. REGULATORY FLEXIBILITY ANALYSIS**

21\. We certify that the Regulatory Flexibility Act of 1980 does not
apply to this rulemaking proceeding because, if the proposed rule
amendments are promulgated, there will not be a significant economic
impact on a substantial number of small business entities defined in
Section 601(3) of the Regulatory Flexibility Act. The proposed changes
will place no significant burdens on small business entities, and other
changes being implemented by the Commission will make it easier for
those entities to research and retrieve licensing data electronically
regardless of their location. The Commission\'s Office of Public
Affairs, Reference Operations Division shall cause a copy of this
*Report and Order*, including this certification, to be sent to the
Chief Counsel for Advocacy of the Small Business Administration in
accordance with Section 603(a) of the Regulatory Flexibility Act. Public
Law No. 96-354, 94 Stat. 1164, 5 U.S.C. §§601 *et seq.* (1981).

**4. ORDERING CLAUSES**

22\. Accordingly, IT IS ORDERED that, pursuant to the authority of
Sections 4(i), 11 and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. §§ 154(i), 161 and 303(r), Part 0 of the
Commission\'s Rules, 47 C.F.R. Part 0, IS AMENDED as set forth below.
Amendments to Section 0.453(g) and (h) are effective sixty days after
publication of this *Report and Order* in the *Federal Register*.
Amendments to Sections 0.453(l) and (o) and 0.455(f) are effective
ninety days after we begin use of ULS for all services licensed by the
Wireless Telecommunications Bureau. The Wireless Bureau will issue a
public notice announcing the specific date upon which these amendments
become effective.

23\. IT IS FURTHER ORDERED that the Commission\'s Office of Public
Affairs, Reference Operations Division, SHALL SEND a copy of this
*Report and Order*, including the Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the Small Business Administration, in
accordance with Section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. §§ 601 *et seq*.

24\. For further information, contact Walter Boswell, Wireless
Telecommunications Bureau, (717) 338-2601.

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

**Appendix**

**Final Rules**

Part 0 of Chapter I of Title 47 of the Code of Federal Regulations is
amended as follows:

Part 0 - Commission Organization

1\. The authority citation for Part 0 continues to read as follows:

**Authority:** § **5, 48 Stat. 1068, as amended; 47 U.S.C. 155.**

Sections 0.453 and 0.455 are amended to reflect the closing of the
public reference room in Gettysburg, PA:

§**0.453 Public reference rooms.**

The Commission maintains the following public reference rooms at its
offices in Washington, DC:

\*\*\*\*

\(g\) *The Common Carrier Bureau, Network Services Division Public
Reference Room.* Section 214 applications and related files, to the
extent that they concern domestic communications facilities and services
are available for inspection at this location.

\(h\) *The Wireless Telecommunications Bureau, Commercial Mobile
Services Reference Room.* The following documents, files and records are
available for inspection at two different locations. The Legal Branch is
the responsible custodian for both locations.

\(1\) Station files containing a complete history of data submitted by
the applicant that has been approved by the Commission which includes
maps, diagrams, petitions, co-channel searches, and other background
material.

\(2\) Pending files containing applications for additional facilities or
modifications of existing facilities.

\(3\) Cellular Granted Station files and related materials.

\(4\) Pending cellular applications and related files.

\(5\) Petitions and related materials.

\*\*\*\*

(l) (Reserved)

\*\*\*\*

\(o\) Electronically stored application and licensing data for
commercial radio operators and for all authorizations in the Wireless
Radio services are available for public inspection via the Commission's
wide area network. Wireless Radio services include Commercial and
Private Mobile Radio, Common Carrier and Private Operational Fixed
Point-to-Point Microwave, Local Television Transmission Service (LTTS),
Digital Electronic Message Service (DEMS), Aviation Ground and Marine
Coast applications.

§**0.455 Other locations at which records may be inspected.**

\*\*\*\*

(f) *Wireless Telecommunications Bureau*. See §0.453(o) of this chapter.

\*\*\*\*

[^1]: ^?^*See* Improving the Commission\'s Processes, PP Docket 96-17,
    *Notice of Inquiry*, 11 FCC Rcd 14006 (February 16, 1996).

[^2]: ^?^47 U.S.C. §161(a)(2).

[^3]: *See* 1998 Biennial Review of FCC Regulations Begun Early, FCC
    News Release (November 18, 1997).

[^4]: Currently, the Commission's duplication services contractor is
    International Transcription Service (ITS).

[^5]: <http://www.fcc.gov/wtb/>

[^6]: This includes on-line filing, electronic data interchange,
    electronic batch filing, and extracts of data provided by Mellon
    Bank (the Commission's lockbox bank for fees) for renewals and
    Restricted Radiotelephone Operator Permits.

[^7]: Amendment of Part 1 of the Commission\'s Rules \-- Competitive
    Bidding Procedures, *Third Report and Second Further Notice of
    Proposed Rulemaking*, 13 FCC Rcd. 374, 412, ¶62 (1997).

[^8]: Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97,
    and 101 of the Commission\'s Rules to Facilitate the Development and
    Use of the Universal Licensing System in the Wireless
    Telecommunications Services, *Report and Order*, FCC Rcd (1998).

[^9]: Amendment of Part 0 of the Commission\'s Rules to Close the
    Wireless Telecommunications Bureau\'s Gettysburg Reference Facility,
    *Notice of Proposed Rulemaking*, FCC Rcd (1998)(*Gettysburg NPRM)*.

[^10]: *Gettysburg NPRM* at ¶10.

[^11]: ^?^ Comsearch comments at 1(proposal \"appears to have merit in
    light of decreasing demand and the availability of data
    electronically\"); BMJD comments at 2 (does not object to closing
    but suggests that it be delayed).

[^12]: ^?^ Comsearch comments at 2.

[^13]: BMJD comments at 2-4; B&S comments at 5-8.

[^14]: ^?^ Comsearch comments at 2; BMJD comments at 4-5.

[^15]: ^?^ B&S comments at 8-10.

[^16]: ^?^ B&S comments at 12.

[^17]: ^17^ Non-substantive attachments would include cover letters and
    any other documents that contain no information related to the
    application.

[^18]: ^?^ B&S comments at 10-12.

[^19]: ^?^ B&S comments at 13.

[^20]: ^?^ B&S comments at 12.

[^21]: ^?^ B&S comments at 14-15.