[Federal Register Volume 65, Number 81 (Wednesday, April 26, 2000)]
[Rules and Regulations]
[Pages 24419-24420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10354]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[GN Docket No. 93-252, PR Docket No. 93-144, PR Docket No. 89-553; FCC 
00-106]


Commercial Mobile Radio Service (CMRS)

AGENCY: Federal Communications Commission.

ACTION: Final rule; dismissing various petitions for reconsideration.

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SUMMARY: This document dismisses or denies fourteen of the fifteen 
petitions for reconsideration filed against an earlier Federal 
Communications Commission (Commission) order. The Commission takes this 
action because most of the issues raised in the petitions have been 
addressed in or rendered moot by action taken in other Commission 
orders. Other issues raised in the petitions are being considered in 
ongoing Commission proceedings. The Commission does, however, amend its 
rules to clarify the station identification requirements applicable to 
CMRS providers licensed under its private land mobile radio services 
rules.

DATES: Effective June 26, 2000.

FOR FURTHER INFORMATION CONTACT: Wilbert E. Nixon, Jr., Policy and 
Rules Branch, Commercial Wireless Division, Wireless Telecommunications 
Bureau, at (202) 418-7240.

SUPPLEMENTARY INFORMATION: In this document released on April 7, 2000, 
the Commission, resolves various petitions for reconsideration of 
Implementation of Sections 3(n) and 332 of the Communications Act, 
Regulatory Treatment of Mobile Services, GN Docket No. 93-252, Third 
Report and Order, 59 FR 59945 (November 21, 1994) (CMRS Third Report 
and Order). The primary goal of the CMRS Third Report and Order was to 
establish the regulatory framework for implementing the mandate of the 
Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, Title VI 
Sec. 6002(b), 107 Stat. 312, 392 (1993) (1993 Budget Act), to treat 
``substantially similar'' CMRS providers in a similar regulatory 
manner. In the five years since the release of the CMRS Third Report 
and Order, this task has been accomplished through the revision of 
scores of Commission rule sections in several Commission proceedings. 
In fact, the majority of the issues raised in the petitions have been 
addressed in or rendered moot by Commission action taken in Amendment 
of Part 90 of the Commission's Rules to Facilitate Future Development 
of SMR Systems in the 800 MHz Frequency Band, PR Docket No. 93-144, 
Implementation of Sections 3(n) and 322 of the Communications Act--
Regulatory Treatment of Mobile Services, GN Docket No. 93-252, 
Implementation of Section 309(j) of the Communications Act--Competitive 
Bidding, PP Docket No. 93-253, First Report and Order, Eighth Report 
and Order and Second Further Notice of Proposed Rulemaking, 61 FR 6212 
(February 16, 1996) (800 MHz Report and Order), 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 Service, WT Docket No. 98-20, 
Report and Order, 63 FR 68904 (December 14, 1998) (ULS Report and 
Order), and other Commission orders released subsequent to the release 
of the CMRS Third Report and Order. Other issues raised in the 
petitions are being considered in ongoing Commission proceedings. For 
these reasons, with one exception, the Commission dismisses or denies 
all of the pending petitions for reconsideration. The Commission does, 
however, amend Secs. 90.425 and 90.647 of our rules to clarify the 
station identification requirements applicable to CMRS providers 
licensed under part 90. The amended rule language appears below.
    This Order (FCC 00-106), adopted March 17, 2000 and released on 
April 7, 2000, is available for inspection and copying during normal 
business hours in the FCC Reference Center, 445 Twelfth Street, SW, 
Washington, DC. The complete text may be purchased from the 
Commission's copy contractor, International Transcription Service, Inc. 
1231 20th Street, NW, Washington DC 20036 (202) 857-3800. The document 
is also available via the Internet at http://www.fcc.gov/Bureaus/Wireless/
Orders/.

I. Final Regulatory Flexibility Certification

    1. Final Regulatory Flexibility Certification. In this Memorandum 
Opinion and Order on Reconsideration, we amend Secs. 90.425 and 
90.647(d) of the Commission's rules as set forth in the Rule Changes 
below. The amended rules clarify that all part 90 CMRS providers 
licensed by geographic area are exempt from station identification 
requirements, and that other part 90 CMRS providers need comply only 
with the streamlined station identification requirements of 
Sec. 90.425(e). Specifically, the amendments clarify that station 
identification need only occur once an hour instead of once every 15 
minutes and that the affected CMRS providers need not comply with other 
detailed technical requirements. We therefore certify, pursuant to the 
Regulatory Flexibility Act, that the rules adopted in this Order will 
not have a significant economic impact on a substantial number of small 
entities.
    2. The Commission will send a copy of this Memorandum Opinion and 
Order on Reconsideration, including specifically a copy of this final 
certification, in a report to Congress pursuant to the Small Business 
Regulatory Enforcement Fairness Act of 1996, see 5 U.S.C. 801(a)(1)(A). 
In addition, the Memorandum Opinion and Order on Reconsideration and 
this certification will be sent to the Chief Counsel for Advocacy of 
the Small Business Administration, and will be

[[Page 24420]]

published in the Federal Register. See 5 U.S.C. 605(b).

II. Ordering Clauses

    3. Accordingly, It is Ordered, pursuant to Sections 4(i), 303(r), 
309(j), 332, and 405 of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 303(r), 309(j), 332, and 405, and Section 1.429(i) of 
the Commission's rules, 47 CFR 1.429(i), that the petition for 
reconsideration or clarification filed by American Mobile 
Telecommunications Association, Inc. IS GRANTED to the extent that 
American Mobile Telecommunications Association, Inc. seeks 
clarification of Sec. 90.425 of the Commission's rules.
    4. It is further Ordered that in all other respects, the petitions 
for reconsideration and/or clarification of the CMRS Third Report and 
Order in GN Docket No. 93-252 discussed herein are dismissed to the 
extent they are identified herein as moot, and otherwise are denied.
    5. It is Further Ordered that the Commission's Consumer Information 
Bureau, Reference Information Center, shall send a copy of this 
Memorandum Opinion and Order on Reconsideration, including the Final 
Regulatory Flexibility Certification, to the Chief Counsel for Advocacy 
of the Small Business Administration.

List of Subjects in 47 CFR Part 90

    Administrative practice and procedure, Business and industry, 
Reporting and recordkeeping requirements.

Federal Communications Commission.
Deputy Secretary.
William F. Caton,

Rule Changes

    As discussed in the preamble, 47 CFR Part 90 is amended as follows:

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

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

    Authority: Secs. 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).


    2. Section 90.425 is amended by revising paragraphs (a) 
introductory text and (e)(1) to read as follows:


Sec. 90.425  Station identification.

* * * * *
    (a) Identification procedure. Except as provided for in paragraphs 
(d) and (e) of this section, each station or system shall be identified 
by the transmission of the assigned call sign during each transmission 
or exchange of transmissions, or once each 15 minutes (30 minutes in 
the Public Safety Pool) during periods of continuous operation. The 
call sign shall be transmitted by voice in the English language or by 
International Morse Code in accordance with paragraph (b) of this 
section. If the station is employing either analog or digital voice 
scrambling, or non-voice emission, transmission of the required 
identification shall be in the unscrambled mode using A3E, F3E or G3E 
emission, or International Morse, with all encoding disabled. 
Permissible alternative identification procedures are as follows:
* * * * *
    (e) * * *
    (1) Station identification will not be required for 929-930 MHz 
nationwide paging licensees or MTA or EA-based SMR licensees. All other 
CMRS stations will be required to comply with the station 
identification requirements of this paragraph.

    3. Section 90.647 is amended by adding a paragraph (d) to read as 
follows:


Sec. 90.647  Station identification.

* * * * *
    (d) Notwithstanding the requirements set forth in this paragraph, 
systems operated by geographic area CMRS licensees are subject only to 
the station identification requirements of Sec. 90.425(e).

[FR Doc. 00-10354 Filed 4-25-00; 8:45 am]
BILLING CODE 6712-01-P