[Federal Register Volume 60, Number 79 (Tuesday, April 25, 1995)]
[Rules and Regulations]
[Pages 20247-20248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10131]



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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90

[DA95-741]


Inter-Category Sharing of Private Mobile Radio Services in the 
806-821/851-866 MHz bands

AGENCY: Federal Communications Commission.

ACTION: Notice of policy.

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SUMMARY: The Wireless Telecommunications Bureau has imposed a freeze on 
the filing of new applications for inter-category sharing on all 
private mobile radio service frequencies in the 806-821/851-866 MHz 
bands. This action was taken to ensure the continued availability of 
these channels to currently eligible Part 90 applicants not licensed in 
the Specialized Mobile Radio (SMR) Service until the Commission 
resolves inter-category sharing issues in PR Docket No. 93-144 and PP 
Docket No. 93-253. This action will assure the integrity of the 
Commission's licensing process.

EFFECTIVE DATE: April 5, 1995.

FOR FURTHER INFORMATION CONTACT:
Freda Lippert Thyden, Wireless Telecommunications Bureau, (202) 418-
0627.

SUPPLEMENTARY INFORMATION: This is a summary of the Wireless 
Telecommunications Bureau's Order, DA95-741, adopted April 5, 1995, and 
released April 5, 1995. The full text of this Order is available for 
inspection and copying during normal business hours in the Private 
Wireless Division, Wireless Telecommunications Bureau, 2025 M Street, 
Room 5322, Washington, DC. The complete text may be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., 2100 M Street, Suite 140, Washington, DC 20037, telephone (202) 
857-3800.

    This will impose no paperwork burden on the public.

Summary of Order

    1. The Wireless Telecommunications Bureau imposed a temporary 
freeze on inter-category sharing of frequencies in the 806-821/851-866 
MHz band allocated to the Public Safety, Industrial/Land Transportation 
(I/LT), Specialized Mobile Radio (SMR) and Business Services, in 
response to a request by the Association of Public Safety 
Communications Officials, Inc. (APCO). This request was opposed by the 
Industrial Telecommunications Association, Inc. (ITA).
    2. APCO asserts that as a consequence of a Commission-imposed 
freeze (59 Fed. Reg. 60111 (November 22, 1994)) [[Page 20248]] on the 
acceptance of 800 MHz applications on 280 SMR category channels, SMR 
applicants sought inter-category use of frequencies in the I/LT and 
Business Categories which, in turn, caused I/LT and Business applicants 
to seek out-of-category channel assignments on Public Safety category 
channels. APCO asserts that this situation endangers the continued 
availability of these frequencies to the public service community.

    3. ITA opposes APCO's request asserting that it is a cavalier 
approach to eliminating a long-standing and beneficial rule. Opponent 
further contends that the stay request is merely a reiteration of 
APCO's long-standing objection to the inter-category sharing rules.

    4. The Commission has undertaken a rule making proceeding (PR 
Docket 93-144, 59 FR 60111 (November 22, 1994)), in which it is 
considering Part 90 spectrum allocation issues. In response to a 
Congressional directive, the Commission is also in the process of 
developing a specific plan to ensure adequate spectrum to meet public 
safety demands. Continued inter-category sharing at this time, and at 
this substantial rate, could compromise both issues by exhausting the 
supply of available channels, particularly in the public safety 
spectrum.

    5. Freezing acceptance of new inter-category sharing applications 
does not eliminate, as alleged by ITA, the inter-category rules. This 
temporary action merely ensures the successful resolution of the 
spectrum allocation issues raised in PR Docket No. 93-144 and the 
concerns raised by the public safety community.

List of Subjects in 47 CFR Part 90

    Administrative practice and procedure.

Federal Communications Commission.

Regina M. Keeney,

Chief, Wireless Telecommunications Bureau.

[FR Doc. 95-10131 Filed 4-24-95; 8:45 am]

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