Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations 64347

[FR Doc. 95–29748 Filed 12–14–95; 8:45 am]

BILLING CODE 6560–50–C
64348 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[ET Docket No. 94–32; FCC 95–454]

In-Flight Phone Corporation’s

Pioneer’s Preference Request

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: By this Third Report and

Order (Third R&O), the Commission

denies In-Flight Phone Corporation’s

(In-Flight’s) request for a pioneer’s

preference in the General Wireless

Communications Service (GWCS) at

4660–4685 MHz. The Commission finds

that the GWCS service rules are not a

reasonable outgrowth of In-Flight’s

ground-to-air programming service

proposal, that In-Flight failed to

demonstrate the technical feasibility of

its proposal in the 4660–4685 MHz

band, and that In-Flight’s proposed

ground-to-air programming service is

not sufficiently innovative to warrant a

preference in any band. This action is

intended to affirm the Commission’s

policy of awarding pioneer’s preferences

only for innovations of some

significance.

EFFECTIVE DATE: December 15, 1995.

FOR FURTHER INFORMATION CONTACT: Tom

Derenge, (202) 418–2451 or Rodney

Small, (202) 418–2452, Office of

Engineering and Technology, Federal

Communications Commission,

Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Third

R&O adopted November 1, 1995, and

released December 5, 1995. This action

will not add to or decrease the public

reporting burden. The full text of the

Commission decision is available for

inspection and copying during regular

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW,

Washington, DC. The complete text of

this decision also may be purchased

from the Commission’s duplication

contractor, International Transcription

Services, Inc., (202) 857–3800, 2100 M

Street NW., Suite 140, Washington, DC

20037.

Summary of Third R&O

1. In-Flight originally filed its

pioneer’s preference request in the

narrowband Personal Communications

Services proceeding, ET Docket No. 92–

100. It sought a preference in the 901–

902 MHz and 940–941 MHz bands for

a live ground-to-air audio news,

information, and entertainment

programming service for airline

passengers. However, because the rules

adopted in Docket 92–100 were not

related to In-Flight’s proposal, no action

was taken on its pioneer’s preference

request.

2. In February 1995, the Commission

adopted a First Report and Order and

Second Notice of Proposed Rulemaking

in Docket 94–32, 60 FR 13102 (March

10, 1995), reallocating 50 megahertz of

Federal Government spectrum at 2390–

2400, 2402–2417, and 4660–4685 MHz

to non-Government use; and proposing

that the 4660–4685 MHz band be used

by the General Wireless

Communications Service (GWCS).

3. In March 1995, In-Flight filed a

Petition for Declaratory Ruling,

requesting that its pending pioneer’s

preference request be considered in the

GWCS. In-Flight also stated that it

would provide video, as well as audio,

services as a GWCS licensee. The

Petition was placed on Public Notice on

April 28, 1995; however, no comments

were filed on the Public Notice.

4. On June 8, 1995, in response to the

Commission’s Third Report and Order

in the pioneer’s preference review

proceeding, ET Docket No. 93–266, 60

Fed. Reg. 32116 (June 20, 1995), InFlight filed a Supplement to its

pioneer’s preference request. In its

Supplement, In-Flight argued that it was

not likely to recover its investment in

developing what it now referred to as its

‘‘aircraft audio and video programming

service’’ unless it received a pioneer’s

preference, and also requested that its

preference request be placed on public

notice. On June 16, 1995, In-Flight’s

preference request, including the

Supplement, was placed on Public

Notice and assigned file number PP–88

in Docket 94–32.

5. On July 3, 1995, Claircom Licensee

Corporation filed an opposition to PP–

88, in which it stated that In-Flight’s

programming service is not innovative.

On July 13, 1995, In-Flight filed a reply

to Claircom’s opposition. On July 31,

1995, the Commission adopted a Second

Report and Order in Docket 94–32, 60

Fed. Reg. 40712 (August 9, 1995),

allocating the 4660–4685 MHz band for

the GWCS and adopting service rules.

6. In the Third R&O, the Commission

found that—inconsistent with the

pioneer’s preference rules—the GWCS

service rules are not a reasonable

outgrowth of In-Flight’s ground-to-air

programming service proposal.

Additionally, the Commission found

that In-Flight failed to demonstrate the

technical feasibility of its proposal in

the 4660–4685 MHz band. The

Commission stated that In-Flight’s

technical achievements in developing

and testing equipment in the 901–902

MHz and 940–941 MHz bands are not

directly relevant to the 4660–4685 MHz

band, due to differences in propagation.

Finally, the Commission found that InFlight’s proposed ground-to-air

programming service is not sufficiently

innovative to warrant a preference in

any band. The Commission concluded

that In-Flight did not demonstrate that

its technological developments are

innovative given the state-of-the-art

technologies used in providing 800 MHz

air-ground radiotelephone service.

7. Accordingly, it is ordered, That the

pioneer’s preference request (PP–88)

filed by In-Flight Phone Corporation in

this proceeding is denied. It is further

ordered, That the request for pioneer’s

preference filed by In-Flight Phone

Corporation in ET Docket No. 92–100 is

dismissed as moot. It is further ordered,

That the petition for declaratory ruling

filed by In-Flight Phone Corporation is

granted in part and denied in part.

List of Subjects in 47 CFR Part 1

Pioneer’s preference, Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–30550 Filed 12–14–95; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 88–40; RM–6035, RM–6349,

RM–6350]

Radio Broadcasting Services;

Jacksonville, Pine Knoll Shores, and

Harkers Island, NC

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document grants a

Petition for Reconsideration filed by

Down East Radio to the extent of

deleting Channel 272A from Pine Knoll

Shores, North Carolina. See 57 FR

19809, May 8, 1992. With this action,

the proceeding is terminated.

EFFECTIVE DATE: January 22, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau,

(202) 776–1654.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order, MM

Docket No. 88–40, adopted November 9,

1995, and released December 8, 1995.

The full text of this Commission

decision is available for inspection and

copying during normal business hours

in the FCC Reference Center (Room

239), 1919 M Street, NW., Washington,