[Federal Register Volume 60, Number 97 (Friday, May 19, 1995)]
[Proposed Rules]
[Pages 26861-26862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12299]



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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 20

[GN Docket No. 93-252, FCC 95-156]


Regulatory Treatment of Mobile Services

agency: Federal Communications Commission.

action: Further notice of proposed rulemaking.

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summary: The Commission adopted a Third Further Notice of Proposed 
Rulemaking proposing to amend its 45 [[Page 26862]] MHz spectrum cap 
for cellular telephone service, Specialized Mobile Radio (SMR) service, 
and broadband Personal Communications Service (PCS). While the spectrum 
cap currently applies only to licensees in these services who are 
classified as Commercial Mobile Radio Service (CMRS) providers, the 
Commission proposes to extend the cap to all cellular, SMR, and 
broadband PCS providers regardless of their regulatory classification. 
The Third Further Notice of Proposed Rulemaking also seeks comment on 
applying the spectrum cap to those ``grandfathered'' SMR licensees who 
continue to be regulated as Private Mobile Radio Service (PMRS) 
providers until August 10, 1996. The intended effect of the proposed 
rule for cellular, SMR and PCS providers is to ensure regulatory 
symmetry in the regulation of competing commercial mobile radio 
services.

dates: Comments are to be filed on or before June 5, 1995. Reply 
Comments are to be filed on or before June 26, 1995.
addresses: Comments should be sent to the Office of the Secretary, 
Federal Communications Commission, Washington, DC 20554.

for further information contact: Lisa Warner, (202) 418-0620, Wireless 
Telecommunications Bureau.

supplementary information: This is a synopsis of the Third Further 
Notice of Proposed Rulemaking, adopted April 10, 1995, and released May 
5, 1995. The complete text of this Further Notice of Proposed 
Rulemaking is available for inspection and copying during normal 
business hours in the FCC Dockets Branch, Room 239, 1919 M Street NW., 
Washington, DC, and also may be purchased from the Commission's copy 
contractor, International Transcription Service, at (202) 857-3800, 
2100 M Street NW., Suite 140, Washington, DC 20037.

Synopsis of the Third Further Notice of Proposed Rulemaking

    Adopted: April 10, 1995.

    Released: May 5, 1995.

    1. The Commission initially proposed the spectrum cap in the 
Further Notice of Proposed Rulemaking, GN Docket No. 93-252, 59 Fed. 
Reg. 28,042 (May 31, 1994), in this proceeding. The Commission framed 
the spectrum cap issue in terms of CMRS spectrum, and did not address 
the aggregation of PMRS spectrum. On August 9, 1994, in the Third 
Report and Order in this proceeding, GN Docket No. 93-252, 59 Fed. Reg. 
59945 (Nov. 21, 1994), the Commission applied the spectrum cap only to 
cellular, SMR, and broadband PCS services. The cap only applied to 
cellular, SMR, and broadband PCS licensees whose activities are 
regulated as CMRS.
    2. The Commission notes in the Third Further Notice of Proposed 
Rulemaking that there is potential for a licensee to reduce the number 
of competitors by aggregating spectrum regardless of whether the 
licensee is providing CMRS or PMRS. Moreover, the services provided by 
PMRS providers may well be viewed as competitive alternatives to CMRS 
by customers; thus, excluding them from the cap could provide PMRS 
providers with an unfair competitive advantage over CMRS providers. In 
addition, even if most cellular, SMR, and broadband PCS providers 
provide CMRS services, as is likely to be the case, determining the 
precise amount of CMRS spectrum that should be attributed for spectrum 
cap purposes is likely to be difficult, particularly in the case of 
PCS, SMR, and possibly cellular licensees who provide both CMRS and 
PMRS offerings under a single authorization.
    3. For all of these reasons, the Commission proposes that the 45 
MHz spectrum cap be revised to apply to cellular, SMR, and broadband 
PCS licensees regardless of regulatory classification. The Commission 
believes that such a revision will greatly simplify the application of 
the cap and will provide greater certainty regarding its effect to 
cellular, SMR, and broadband PCS applicants and licensees.

Initial Regulatory Flexibility Analysis

    4. As required by Section 603 of the Regulatory Flexibility Act, 
the Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the expected impact on small entities of the policies and 
rules proposed in this Further Notice of Proposed Rulemaking. Written 
public comments are requested on the IRFA.
    5. Reason for Action: This rule making proceeding was initiated to 
secure comment on proposals for revising the 45 MHz spectrum cap for 
cellular telephone service, SMR, and PCS. The spectrum cap currently 
applies to CMRS providers. The Commission proposes to extend the cap to 
all cellular, SMR, and broadband PCS providers regardless of their 
regulatory classification. The proposals advanced in the Third Further 
Notice of Proposed Rulemaking are designed to implement Congress's goal 
of regulatory symmetry in the regulation of competing commercial mobile 
radio services as described in Section 3(n) and 332 of the 
Communications Act, 47 U.S.C. Secs. 153(n), 332, as amended.
    6. Objective: The Commission proposed to adopt a rule for cellular, 
SMR and PCS providers that is intended to ensure regulatory symmetry in 
the regulation of competing commercial mobile radio services.
    7. Legal Basis: The proposed action is authorized under Sections 
3(n), 4(i), 332(a), 332(c) and 332(d) of the Communications Act of 
1934, 47 U.S.C. Secs. 153(n), 154(i), 332(a), 332(c) and 332(d), as 
amended.
    8. Reporting, Recordkeeping, and Other Compliance Requirements: 
Under the proposal contained in the Third Further Notice of Proposed 
Rulemaking there are no additional reporting or recordkeeping 
requirements.
    9. Federal Rules Which Overlap, Duplicate or Conflict With These 
Rules: None.
    10. Description, Potential Impact, and Number of Small Entities 
Involved: The Third Further Notice of Proposed Rulemaking does not 
potentially affect small entities. After evaluating comments filed in 
response to the Third Further Notice of Proposed Rulemaking, the 
Commission will examine further the impact of all rule changes on small 
entities and set forth its findings in the Final Regulatory Flexibility 
Analysis.
    11. IFRA Comments: The Commission requests written public comment 
on the foregoing Initial Regulatory Flexibility Analysis. Comments must 
have a separate and distinct heading designating them as responses to 
IRFA and must be filed by the deadlines provided above.

Ex Parte Rules--Non-Restricted Proceeding

    12. This is a non-restricted notice and comment rule-making 
proceeding. Ex Parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in 
Commission rules. See generally 47 C.F.R. Sections 1.1202, 1.1203, and 
1.1206(a).

List of Subjects in 47 CFR Part 20

    Commercial mobile radio services.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-12299 Filed 5-18-95; 8:45 am]
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