[Federal Register Volume 65, Number 80 (Tuesday, April 25, 2000)]
[Proposed Rules]
[Pages 24168-24170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10221]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 22

[FCC 97-110]


Cellular Service and Other Commercial Mobile Radio Services in 
the Gulf of Mexico

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Federal Communications Commission proposes changes to its 
cellular service rules for the Gulf of Mexico Service Area (``GMSA'') 
and proposes licensing and service rules for operations in the Gulf of 
Mexico by other commercial mobile radio service providers. The proposed 
rule changes should facilitate ubiquitous cellular service along the 
coast of the Gulf of Mexico and minimize interference disputes between 
terrestrial and water-based carriers.

DATES: Comments are due on or before May 15, 2000. Reply comments are 
due on or before May 30, 2000. Written comments by the public on the 
proposed information collections, are due June 26, 2000. The Office of 
Management and Budget (``OMB'') must submit written comments on the 
proposed information collection(s) on or before June 26, 2000.

ADDRESSES: All Comments and reply comments may be filed with Magalie 
Roman Salas, Office of the Secretary, TW-A306, Federal Communications 
Commission, 445 12th Street, SW., Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Davida Grant, Commercial Wireless 
Division, Wireless Telecommunications Bureau, Federal Communications 
Commission, 202-418-7050, or via the Internet at <a href="/cdn-cgi/l/email-protection#3a5e5d485b544e7a5c5959145d554c"><span class="__cf_email__" data-cfemail="53373421323d27133530307d343c25">[email protected]</span></a>. For 
additional information concerning the information collection(s) 
contained in this document, contact Judy Boley at 202-418-0214, or via 
the Internet at <a href="/cdn-cgi/l/email-protection#93f9f1fcfff6ead3f5f0f0bdf4fce5"><span class="__cf_email__" data-cfemail="610b030e0d0418210702024f060e17">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: We created the Gulf of Mexico Service Area 
(``GMSA'') in 1983 for the provision of cellular service in the Gulf of 
Mexico, and two cellular carriers, PetroCom and Bachow/Coastel, 
currently are providing service. The rules applying to cellular service 
in the Gulf have been subject to controversy and litigation, however, 
because of conflicts between the two Gulf licensees and land-based 
cellular carriers in markets adjacent to the Gulf. These controversies 
have focused on the water-based licensees' desire to locate their 
transmitters on land as well as on attempts by land-based licensees to 
extend their coverage into the Gulf. In addition, the Gulf carriers are 
subject to unique operational requirements because their transmitters 
are located on offshore oil and natural gas drilling platforms that 
move from time to time. Thus, when the platforms are relocated, the 
carriers must move their transmitters as well, thereby causing the 
coverage provided by these systems to change.
    In 1992,\1\ the Commission determined that the boundaries of the 
Gulf carriers' service areas should be defined by the actual coverage 
of their cell sites. This approach was the same as the approach applied 
to land-based cellular systems. Thus, any area where coverage is not 
provided would be considered unserved area that could be made available 
for licensing to others. The Gulf carriers appealed this decision to 
the Court of Appeals, arguing that a coverage-based service area 
definition should not be applied to them, because the platforms on 
which their transmitters operate move from location to location, unlike 
land-based sites. The Gulf carriers contended that they should be 
allowed to operate throughout the Gulf without regard to the location 
of their sites at any given time.
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    \1\ In re Amendment of Part 22 of the Commission's Rules to 
Provide for Filing and Processing of Applications for Unserved Areas 
in the Cellular Service and to Modify Other Cellular Rules, CC 
Docket 90-6, Third Report and Order and Memorandum Opinion and Order 
on Reconsideration, 7 FCC Rcd 7183 (1992).
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    In 1994, in response to the Gulf carriers' concerns, the Court of 
Appeals vacated the Commission's service area definition insofar as it 
applies to the Gulf licensees. The court held that the Commission 
failed to take the Gulf carriers' arguments into account, and that the 
Commission had failed to adequately support its decision to apply the 
same rules to water-based carriers as it did to land-based carriers in 
light of the operational challenges faced by the Gulf carriers. In this 
proposed rulemaking, we propose a new approach to licensing in the Gulf 
to address the court's concerns. Specifically, we propose to address 
the remand issue by dividing the GMSA into two areas: a GMSA Exclusive 
Zone and a GMSA Coastal Zone. The Exclusive Zone would consist of the 
majority of the GMSA, except for coastal waters from the shoreline to 
approximately 12 miles offshore, which would be defined as the Coastal 
Zone.
    In the proposed Exclusive Zone, the existing Gulf carriers would be 
licensed on an exclusive basis and would be permitted to move their 
transmitters freely and modify their coverage without having uncovered 
areas deemed ``unserved.'' Areas within the proposed Coastal Zone would 
be available for licensing under the Commission's unserved area auction 
rules. Thus, under this proposal, both Gulf-based and land-based 
carriers could apply to serve an unserved portion of the Coastal Zone, 
and could locate sites either on land or on water to do so. Areas with 
mutually exclusive applications would be subject to auction. We 
tentatively conclude that this approach will best ensure that customers 
in coastal areas receive seamless cellular coverage.

Filing Information

    Comments and reply comments may be filed with the FCC using the 
Commission's Electronic Comment Filing System (``ECFS'') or by filing 
paper copies. See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (1998). Parties may also submit an electronic 
comment by Internet e-mail. Parties who choose to file by paper must 
file an original and four copies of each filing. If you want

[[Page 24169]]

each Commissioner to receive a copy of your comments, you must file an 
original plus eleven copies. All filings must be sent to the 
Commission's Secretary, with Magalie Roman Salas, Office of the 
Secretary, TW-A306, Federal Communications Commission, 445 12th Street, 
SW., Washington, DC 20554.
    Parties who choose to file by paper should also submit their 
comments on diskette. A 3.5-inch diskette formatted in an IBM 
compatible format using Microsoft Word for Windows or compatible 
software Diskettes should be submitted to: Davida Grant, Federal 
Communications Commission, Wireless Telecommunications Bureau, 445 12th 
Street, SW., Room 4C-241, Washington, DC 20554. The diskette should be 
accompanied by a cover letter and should be submitted in ``read only'' 
mode. The diskette should be clearly labeled with the commenter's name, 
proceeding (including the docket number in this case--WT Docket No. 97-
112), type of pleading (comments or reply comments), date of 
submission, and the name of the electronic file on the diskette. The 
label also should include the following phrase, ``Disk Copy--Not an 
Original.'' Each diskette should contain only one party's pleadings, 
perferably in a single electronic file. In addition, commenters must 
send diskette copies to the Commission's copy contractor, International 
Transcription Service, Inc., 1231 20th Street, NW., Washington, DC 
20036.
    In addition to filing comments with the Secretary, a copy of any 
comments on the information collections contained herein should be 
submitted to Judy Boley, Federal Communications Commission, Room 1C-
804, 445 12th Street, SW., Washington, DC 20554, or via the Internet to 
<a href="/cdn-cgi/l/email-protection#caa0a8a5a6afb38aaca9a9e4ada5bc"><span class="__cf_email__" data-cfemail="9cf6fef3f0f9e5dcfaffffb2fbf3ea">[email protected]</span></a>, and to Viriginia Huth, OMB Desk Officer, 10236 NEOB, 
725 17th Street, NW., Washington, DC 20503 or via the Internet to 
<a href="/cdn-cgi/l/email-protection#2e58465b5a466e41434c004b415e00494158"><span class="__cf_email__" data-cfemail="384e504d4c507857555a165d5748165f574e">[email protected]</span></a>.

Paperwork Reduction Act

    This rulemaking contains proposed information collection(s) subject 
to the Paperwork Reduction Act of 1995 (``PRA''). As part of its 
continuing effort to reduce paperwork burden, the Commission invites 
the general public and other Federal agencies to take this opportunity 
to comment on the following information collection, as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not 
conduct or sponsor a collection of information unless it displays a 
currently valid control number. No person shall be subject to any 
penalty for failing to comply with a collection of information subject 
to the Paperwork Reduction Act (PRA) that does not display a valid 
control number. Comments are requested concerning: (a) Whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the Commission, including whether the 
information shall have practical utility; (b) the accuracy of the 
Commission's burden estimate; (c) ways to enhance the quality, utility, 
and clarity of the information collected; and (d) ways to minimize the 
burden of the collection of information on the respondents, including 
the use of automated collection techniques or other forms of 
information technology.
    OMB Control No.: 3060-XXXX.
    Title: Notice of Public Information Collection.
    Form No.: N/A.
    Type of Review: New Collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 30.
    Estimated Time Per Response: 1.25 hour.
    Frequency of Response: The frequency will vary. Respondents may 
apply for unserved territory as it becomes available.
    Total Annual Burden: 37.50 hours.
    Total Annual Cost: $7,500.
    Needs and Uses: Two carriers are authorized to provide cellular 
service in the Gulf of Mexico. However, due to the transitory nature of 
their water-based sites and our interference rules, service along 
coastal areas in the Gulf of Mexico has been unreliable. In this 
rulemaking, we propose a regulatory licensing scheme to facilitate 
ubiquitous, reliable cellular coverage along coastal areas. As part of 
this scheme, we propose to bifurcate the Gulf of Mexico into a Coastal 
Zone and Exclusive Zone, and allow both water and land-based carriers 
the opportunity to provide cellular service in the Coastal Zone. 
Further, we propose to license any unserved areas in the Coastal Zone 
under our Phase II licensing rules, which require the filing of an 
application. The information collected pursuant to this collection 
request will be used to license unserved areas in the Coastal Zone for 
the provision of cellular service.

List of Subjects in 47 CFR Part 22

    Communications common carriers.

    Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR Part 22 as follows:

PART 22--PUBLIC MOBILE SERVICES

    1. The authority citation for Part 22 continues to read as follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1083, as amended; 47 
U.S.C. 154 and 303.

    2. Section 22.99 is amended by adding a definitions in alphabetical 
order:


Sec. 22.99  Definitions.

* * * * *
    GMSA Coastal Zone. The geographical area within the Gulf of Mexico 
Service Area that lies between the coast line and a line defined by 
Great Circle arcs connecting the following points (geographical 
coordinates listed as North Latitude, West Longitude) consecutively in 
the order listed:

(1) 26 deg.00' 97 deg.00'
(2) 27 deg.30' 97 deg.00'
(3) 28 deg.00' 96 deg.30'
(4) 28 deg.30' 95 deg.30'
(5) 29 deg.00' 94 deg.30'
(6) 29 deg.30' 93 deg.30'
(7) 29 deg.30' 93 deg.30'
(8) 29 deg.20' 92 deg.30'
(9) 29 deg.20' 91 deg.40'
(10) 29 deg.00' 91 deg.10'
(11) 28 deg.50' 90 deg.50'
(12) 29 deg.00' 89 deg.40'
(13) 28 deg.40' 89 deg.30'
(14) 29 deg.00' 88 deg.40'
(15) 30 deg.00' 88 deg.30'
(16) 30 deg.00' 86 deg.00'
(17) 29 deg.10' 85 deg.00'
(18) 29 deg.30' 84 deg.00'
(19) 28 deg.30' 83 deg.00'
(20) 28 deg.00' 83 deg.15'
(21) 27 deg.00' 83 deg.00'
(22) 26 deg.00' 82 deg.20'
(23) 25 deg.00' 81 deg.30'
(24) 24 deg.40' 83 deg.00'
(25) 24 deg.00' 83 deg.00'

    Gulf of Mexico Service Area (GMSA). The cellular market comprising 
the water area of the Gulf of Mexico, bounded on the West, North and 
East by the coast line. Coast line, for this purpose, means the line of 
ordinary low water along that portion of the coast which is in direct 
contact with the open sea, and the line marking the seaward limit of 
inland waters. Inland waters include bays, historic inland waters and 
waters circumscribed by a fringe of

[[Page 24170]]

islands within the immediate vicinity of the shoreline.
* * * * *
    3. Section 22.131 is amended by revising paragraph (d)(2)(iv) to 
read as follows:


Sec. 22.131  Procedures for mutually exclusive applications.

* * * * *
    (d) * * *
    (2) * * *
    (iv) Any application to expand the CGSA of a cellular system (as 
defined in Sec. 22.911) into unserved area, unless the proposed 
expansion would be into unserved area where the licensee applying has, 
on the filing date, the exclusive right to expand or modify its CGSA 
pursuant to Sec. 22.947 or Sec. 22.948.
* * * * *
    (1) Section 22.911 is amended by removing the note following 
paragraph (a)(6) and adding paragraph (c)(4) to read as follows:


Sec. 22.911  Cellular geographic service area.

* * * * *
    (c) * * *
    (4) During the term of the authorization of the first-authorized 
cellular system on each channel block in the GMSA, the licensee of that 
system and the licensee of any adjacent market cellular system on the 
same channel block may agree that any service area boundary extending 
into any portion of the GMSA other than the GMSA Coastal Zone is a part 
of the CGSA of the extending system.
* * * * *
    5. Section 22.912 is amended by adding a sentence at the end of 
paragraphs (b) and (c) to read as follows:


Sec. 22.912  Service area boundary extensions.

* * * * *
    (b) * * * Except as restricted in paragraph (d) of this section, 
licensees of the first authorized cellular systems in the GMSA may 
allow SAB extensions from the adjacent market system on the same 
channel block into their CGSA and/or unserved area in the GMSA, other 
than in the GMSA Coastal Zone, during the term of their GMSA cellular 
system authorizations.
    (c) * * * Except as restricted in paragraph (d) of this section, 
licensees of the first authorized cellular systems in the GMSA that 
also are the applicant or licensee on the same channel block in the 
adjacent market may allow or propose SAB extensions from their adjacent 
market system into their CGSA and/or unserved area in the GMSA, other 
than in the GMSA Coastal Zone, during the term of their GMSA cellular 
system authorization.
* * * * *
    6. Section 22.948 is added to read as follows:


Sec. 22.948  Exclusive right to expand or modify CGSA within the GMSA.

    The licensee of the first authorized cellular system on each 
channel block in the Gulf of Mexico Service Area (GMSA) is afforded, 
for the full term of its authorization, an exclusive right to expand or 
modify its CGSA anywhere within the GMSA, other than within the GMSA 
Coastal Zone.
    (a) Except as provided in paragraph (b) of this section, the FCC 
does not accept applications for authority to operate a new cellular 
system in any unserved area in the GMSA, other than unserved area 
within the GMSA Coastal Zone.
    (b) During the term of its authorization, the licensee of the first 
authorized cellular system on each channel block in the GMSA may enter 
into contracts with eligible parties, allowing such parties to apply 
(FCC Form 600) for a new cellular system on that channel block in any 
area within the GMSA, other than the GMSA Coastal Zone. The FCC may 
grant such applications if they are in compliance with the rules in 
this part.
    (1) The contracts must define the CGSA of the subsequent cellular 
system in accordance with Sec. 22.911, including any expansion rights 
ceded. If not exercised, any such expansion rights terminate when the 
authorization of the first cellular system expires.
    (2) The license term of the first authorized cellular system on 
each channel block in the GMSA is not extended or affected in any way 
by the initial authorization of any subsequent cellular systems 
pursuant to paragraph (b) of this section.
    (3) The FCC will accept applications for assignment of 
authorization or consent to transfer of control of the GMSA systems.

[FR Doc. 00-10221 Filed 4-24-00; 8:45 am]
BILLING CODE 6712-01-U


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