[Federal Register Volume 62, Number 57 (Tuesday, March 25, 1997)]
[Rules and Regulations]
[Pages 14015-14016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7260]


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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 101

[ET Docket No. 95-183; PP Docket No. 93-253; FCC 96-486]


37.0-38.6 GHz and 38.6-40.0 GHz Bands and Implementation of 
Section 309(j) of the Communications Act--Competitive Bidding

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for reconsideration.

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SUMMARY: Upon reconsideration, the Commission has decided to lift the 
processing freeze on amendments of right filed on applications in the 
38.6-40.0 GHz band (``the 39 GHz band'') before December 15, 
1995.<SUP>1 By this action, all applications that were amended to 
resolve mutual exclusivity before this date will be processed, provided 
that the original applications had completed their 60-day public notice 
period as of November 13, 1995. In addition, the Commission clarifies 
that applications to modify existing 39 GHz licenses and amendments 
thereto will be processed regardless of when filed, provided they 
neither enlarge the service area nor change the assigned frequency 
blocks (except to delete them). In all other respects, previous 
decisions regarding the filing and processing of 39 GHz applications 
and amendments are unaffected by this Memorandum Opinion and Order.
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    \1\ See 47 CFR 101.29 (addressing amendments of right).

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EFFECTIVE DATE: January 17, 1997.

FOR FURTHER INFORMATION CONTACT: Susan Magnotti, Private Wireless 
Division, (202) 418-0871.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Memorandum Opinion and Order, FCC 96-486, adopted December 20, 1996 and 
released January 17, 1997. The complete text of this document is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington, DC 
20554, and may be purchased from the Commission's copy contractor, 
International Transcription Service, (202) 857-3800, 2100 M Street, 
NW., Washington, DC 20037.

Summary of Order

    1. By this action, the Commission resolves and provides 
clarification on the treatment it will afford pending applications in 
the 38.6-40.0 GHz band (``the 39 GHz band''). The 39 GHz band is used 
to support fixed point-to-point microwave communications.
    2. On September 9, 1994, the Point-to-Point Microwave Section of 
the Telecommunications Industry Association (``TIA'') filed a Petition 
for Rule Making concerning use of the 39 GHz band and the 37.0-38.6 GHz 
(``37 GHz'') band, for which there are currently no licensing or 
service rules. On November 13, 1995, the Wireless Telecommunications 
Bureau (``Bureau'') issued a Freeze Order, 61 FR 8062 (March 1, 1996) 
announcing that the Commission would no longer accept for filing 
applications for new 39 GHz licenses in the Common Carrier or 
Operational Fixed Point-to-Point Microwave Radio Services, pending 
Commission action on TIA's Petition.
    3. Thereafter, on December 15, 1995, the Commission issued an NPRM 
and Order, 61 FR 2452 (January 26, 1996) which expanded upon the 
November 13, 1995 Freeze Order, primarily by distinguishing between 
those pending 39 GHz applications that would be processed and those 
that would be held in abeyance pending the outcome of the rulemaking 
proceeding. As a result of the above Commission actions, several 
parties filed petitions for reconsideration of that portion of the 
Commission's December 15, 1995 NPRM and Order which imposed an interim 
processing freeze on certain 39 GHz band license applications and 
amendments. An Emergency Request for Stay of the freeze was also filed. 
In this Memorandum Opinion and Order, the Commission grants these 
petitions in part and denies them in part. In light of the Commission's 
decision regarding the petitions for reconsideration, the Emergency 
Request for Stay is moot.
    4. The NPRM and Order provided that pending applications would be 
processed if (1) they were not mutually exclusive with other 
applications at the time of the Bureau's November 13, 1995 Freeze 
Order, and (2) the 60-day period for filing mutually exclusive 
applications had expired prior to November 13, 1995. The NPRM and Order 
further provided that those applications that were mutually exclusive 
with others as of November 13, 1995, or within the 60-day period for 
filing competing applications on or after November 13, 1995, would be 
held in abeyance. Amendments to these frozen applications received on 
or after November 13, 1995, would also be held in abeyance. Moreover, 
applications for modification of existing 39 GHz licenses filed on or 
after November 13, 1995, would be held in abeyance, as well as 
amendments to these modification applications filed on or after 
November 13, 1995. Finally, no new applications to modify existing 
licenses, or amendments to pending modification applications, would be 
accepted for filing on or after December 15, 1995. The foregoing 
restrictions on modification applications and amendments thereto were 
not intended to apply if the requested action would neither enlarge the 
service area nor change frequency blocks (except to delete them).
    5. This Memorandum Opinion and Order gives some of the relief 
requested by petitioners by lifting the processing freeze on amendments 
of right filed before December 15, 1995. Thus, all applications that 
were amended to

[[Page 14016]]

resolve mutual exclusivity before December 15, 1995, will be processed, 
provided the applications had completed the 60-day public notice period 
on or before November 13, 1995. Another main point of the decision is 
that the Commission will process those amendments of right filed on or 
after November 13, 1995, but before December 15, 1995. Further, it will 
continue to hold in abeyance all pending mutually exclusive 
applications, unless the mutual exclusivity was resolved by an 
amendment of right filed before December 15, 1995. In addition, the 
Memorandum Opinion and Order states that applications to modify 
existing 39 GHz licenses and amendments thereto would be processed 
regardless of when filed, provided they neither enlarge the service 
area nor change the assigned frequency blocks (except to delete them). 
These applications and amendments will be processed and granted, if 
otherwise in compliance with the Commission's Rules.

Ordering Clauses

    6. Accordingly, it is hereby ordered that the Petition for 
Reconsideration submitted by Commco, LLC., PLAINCOM, INC., and Sintra 
Capital Corporation, and the Petition for Partial Reconsideration filed 
by DCT Communications, Inc., are hereby granted in part and denied in 
part.
    7. It is further ordered that the Emergency Petition for Stay filed 
by Commco, L.L.C., PLAINCOM, INC., and Sintra Capital Corporation is 
hereby dismissed as moot.
    8. This action is taken pursuant to the authority found in Sections 
4 (i) and 303 of the Communications Act of 1934, as amended, 47 U.S.C. 
154 (i) and 303, and Section 0.131 of the Commission's Rules, 47 CFR 
0.131. For further information, contact Susan Magnotti, Private 
Wireless Division, (202) 418-0871.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-7260 Filed 3-24-97; 8:45 am]
BILLING CODE 6712-01-P