[Federal Register Volume 69, Number 196 (Tuesday, October 12, 2004)]
[Rules and Regulations]
[Pages 60561-60562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22742]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 01-146; RM-9966; FCC 04-212]


Rules and Policies for Applications and Licensing of Low Power 
Operations in the Private Land Mobile Radio 450-470 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule; denial of petition for reconsideration.

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SUMMARY: In this document, the Commission addresses a petition for 
reconsideration of the Report and Order in this proceeding filed by the 
American Association of Paging Carriers (AAPC). AAPC requests that the 
Commission prohibit the licensing of stations on frequencies (or 
channels) 12.5 kHz removed from eight specific part 90 450-470 MHz band 
paging frequencies.

FOR FURTHER INFORMATION CONTACT: Scot Stone, Public Safety and Critical 
Infrastructure Division, Wireless Telecommunications Bureau, at (202) 
418-0680, or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
FCC 04-212, adopted on September 1, 2004, and released on September 8, 
2004. The full text of this document is available for inspection and 
copying during normal business hours in the FCC Reference Center, 445 
12th Street, SW., Washington, DC 20554. The complete text may be 
purchased from the Commission's copy contractor, Best Copy and 
Printing, Inc., 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 or at 
<a href="/cdn-cgi/l/email-protection#f0929d999c9c999eb0969393de979f86"><span class="__cf_email__" data-cfemail="d7b5babebbbbbeb997b1b4b4f9b0b8a1">[email protected]</span></a>.
    1. In the Order, the Commission concludes that to the extent that 
the AAPC petition requests these offset channels be eliminated it is 
untimely filed. The Report and Order did not establish these channels; 
they have been available for years. Also, eliminating these channels 
was not an issue squarely raised in the context of the proceeding. In 
addition, we note that the Commission previously addressed the issue of 
whether to extend part 22 rules to reclassified part 90 services. A 
request to eliminate licensing of the subject eight offset channels 
would have been the proper subject of a reconsideration petition then 
or in the Reframing Report and Order when the

[[Page 60562]]

Commission decided to establish a new band plan for the PLMR 450-470 
MHz band. Likewise, to the extent the AAPC petition indirectly 
challenges earlier Commission decisions it is also procedurally flawed 
because it is an impermissible collateral attack on final Commission 
decisions.
    2. Additionally, the Commission declined to conform rules 
applicable to part 90 and part 22 CMRS operations.

I. Procedural Matters

A. Paperwork Reduction Act

    3. The Order does not contain any new or modified information 
collection.

B. Final Regulatory Flexibility Analysis

    4. As required by the Regulatory Flexibility Act (``RFA'') of 1980, 
as amended, an Initial Regulatory Flexibility Analysis (``IRFA'') was 
incorporated in the Notice of Proposed Rulemaking (``NPRM''). The FCC 
sought written public comment on the proposals in the NPRM, including 
comment on the IRFA. The present Final Regulatory Flexibility Analysis 
(``FRFA'') conforms to the RFA.

II. Ordering Clauses

    4. Accordingly, it is ordered that, pursuant to the authority of 
Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 
47 U.S.C. 154(i) and 303(r), and section 1.115 of the Commission's 
Rules, 47 CFR 1.115, the petition for reconsideration filed by American 
Association of Paging Carriers is denied, and the proceeding is hereby 
terminated.
    5. The Commission will not send a copy of this Order pursuant to 
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the 
adopted rules are rules of particular applicability. The Commission 
declined to change rules adopted in a previous proceeding.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-22742 Filed 10-8-04; 8:45 am]
BILLING CODE 6712-01-P


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