60112 Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / Rules and Regulations 

BILLING CODE 6712–01–C 

* * * * * 

United States (US) Footnotes 

* * * * * 

US262 The use of the band 31.8– 

32.3 GHz by the space research service 

(deep space) (space-to-Earth) is limited 

to Goldstone, California. 

* * * * * 

PART 87—AVIATION SERVICES 

4. The authority citation for part 87 

continues to read as follows: 

Authority: 48 Stat. 1066, 1082, as 

amended; 47 U.S.C. 154, 303, 307(e) unless 

otherwise noted. Interpret or apply 48 Stat. 

1064–1068, 1081–1105, as amended; 47 

U.S.C. 151–156, 301–609. 

5. Section 87.173(b) is amended by 

removing the entry for ‘‘31800–33400 

MHz’’ in the frequency table and adding 

a new entry in numerical order to read 

as follows: 

§ 87.173 Frequencies. 

* * * * * 

(b) Frequency table: 

Frequency or frequency band Subpart Class of station Remarks 

* * * * * * * 

32300–33400 MHz ................................... F, Q .................................... MA, RL ............................... Aeronautical radionavigation. 

[FR Doc. 00–25733 Filed 10–6–00; 8:45 am] 

BILLING CODE 6712–01–U 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 20 

[CC Docket No. 94–54; FCC 00–307] 

Interconnection and Resale 

Obligations in the Commercial Mobile 

Radio Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; petition for 

reconsideration. 

SUMMARY: Through this document, the 

Commission denies a petition for 

reconsideration of previous Commission 

decisions in this proceeding. Petitioners 

request that we eliminate the exclusion 

of Commercial Mobile Radio Service 

(CMRS) from the Commission’s resale 

rule and extend the sunset of the resale 

rule at least one full year beyond the 

successful conclusion of wireless local 

number portability implementation. 

This document responds to this 

petition. 

FOR FURTHER INFORMATION CONTACT: Jane 

Phillips, 202–418–1310. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order on 

Reconsideration of the Memorandum 

Opinion and Order on Reconsideration 

in CC Docket No. 94–54 (Order) (FCC 

00–307), adopted August 17, 2000, and 

released August 22, 2000. The complete 

text of this MO&O is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, Courtyard Level, 

445 12th Street, SW., Washington, DC, 

and also may be purchased from the 

Commission’s copy contractor, 

International Transcription Services 

(ITS, Inc.), CY–B400, 445 12th Street, 

SW., Washington, DC. 

Synopsis of the Order 

1. In this decision, the Commission 

denies a petition for reconsideration of 

decisions contained in the 

Memorandum Opinion and Order on 

Reconsideration, 64 FR 61022, 

November 9, 1999 (MO&O) in this 

proceeding. The wireless resale rule 

prohibits Commercial Mobile Radio 

Service (CMRS) providers from 

unreasonably restricting resale of their 

services. 

2. The First Report and Order, 61 FR 

38399, July 24, 1996 (First R&O) in this 

proceeding promulgated a rule 

prohibiting certain CMRS providers 

from restricting the resale of their 

services during a transitional period. 

The First R&O extended the resale rule, 

which previously had applied only to 

cellular providers, to providers of 

broadband personal communications 

services (PCS) and certain specialized 

mobile radio (SMR) services. 

Additionally, the First R&O sunset the 

resale rule five years after completion of 

its initial grant of broadband PCS 

licenses, i.e., November 24, 2002. 

3. The MO&O affirmed the 2002 

sunset date, but modified the resale rule 

to exclude customer premises 

equipment (CPE) and CPE in bundled 

packages and to exclude from its scope 

certain C, D, E, and F block PCS 

licenses, as well as all CMRS providers 

of voice or data services that do not use 

in-network switching facilities. 

4. MCI WorldCom filed a petition for 

further reconsideration requesting that 

the Commission eliminate the exclusion 

for CPE and extend the sunset at least 

one full year beyond the successful 

conclusion of wireless local number 

portability implementation. 

5. As discussed in the full text of this 

Order, the Commission denies MCI 

WorldCom’s petition for reconsideration 

and reaffirms its determinations to 

exclude CPE from the scope of the 

CMRS resale rule and to sunset the rule 

on November 24, 2002. With respect to 

the exclusion for certain C, D, E, and F 

block PCS licensees, the Order does not 

address what impact the Commission’s 

ultimate decision regarding eligibility to 

participate in the reauction of C and F 

block licensees may have on the scope 

of the resale rule. 

Regulatory Flexibility Analysis 

6. The Commission has not prepared 

an additional Final Regulatory 

Flexibility Analysis of the possible 

impact on small entities of the 

Commission’s decisions, as otherwise 

required by the Regulatory Flexibility 

Act, 5 U.S.C. 604, because no changes 

have been made in this Order to the 

Commission’s rules or policies. 

Authority 

7. This action is taken pursuant to 

sections 1, 4(i), 4(j), 10, 201, 202, 303(r), 

309, 332, and 403 of the 

Communications Act, 47 U.S.C. 1, 4(i), 

4(j), 160, 201, 202, 303(r), 309, 332, 403. 

Ordering Clauses 

Accordingly, the Petition for 

Reconsideration filed by MCI 

WorldCom is denied. 

Federal Communications Commission. 

William F. Caton, 

Deputy Secretary. 

[FR Doc. 00–25807 Filed 10–6–00; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 27 

[WT Docket No. 99–168] 

Service Rules for the 746–764 and 776– 

794 MHz Bands; Correction 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; correction. 


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