[Federal Register Volume 61, Number 82 (Friday, April 26, 1996)]
[Proposed Rules]
[Pages 18538-18539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10344]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[WT Docket No. 96-86; DA 96-604]


Wireless Services; National Communications Services System 
Petition

AGENCY: Federal Communications Commission.

ACTION: Petition for rulemaking.

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SUMMARY: The Commission seeks comment on a petition for rulemaking 
filed by the National Communications System requesting that the 
Commission adopt rules to provide ``priority access'' to cellular 
spectrum for National Security/Emergency Preparedness responsiveness. 
The action is taken to establish a record upon which to base a decision 
on this issue.

DATES: Comments are due on or before June 3, 1996, and reply comments 
are due on or before July 2, 1996.

ADDRESSES: Federal Communications Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Robert McNamara, Wireless 
Telecommunications Bureau, Private Wireless Division, (202) 418-0680.

SUPPLEMENTARY INFORMATION:

Petition for Rulemaking Filed; Commission Seeks Comment on Petition for 
Rulemaking Filed by National Communications System

Comments Due: June 3, 1996; Replies Due: July 2, 1996

    On October 19, 1995, the National Communications System (``NCS''), 
through the Secretary of Defense as an Executive Agent of the NCS, 
filed a Petition for Rulemaking requesting the Commission to adopt 
rules to provide ``priority access'' to cellular spectrum for National 
Security/Emergency Preparedness (NS/EP) responsiveness. Specifically, 
NCS requests that the Commission establish the Cellular Priority Access 
Service (CPAS).

[[Page 18539]]

Summary of NCS Petition

    The NCS contends in its petition for rulemaking that cellular usage 
by the general public in emergency situations leads to congestion in 
the cellular network, causing usage by those with NS/EP 
responsibilities to be severely curtailed or made impossible. Without 
``priority access'' to cellular spectrum, the NCS argues, rescue 
workers are impaired by recurring surges in cellular usage associated 
with emergency situations. The NCS cites the bombing of a Federal 
office building in Oklahoma City, Oklahoma, as a recent example. The 
NCS argues that ``priority access'' to cellular spectrum is essential 
in conducting response and recovery efforts. The NCS also maintains 
that action at the national level is necessary to ensure there is one 
uniform, nationwide cellular priority access scheme.
    The term ``priority access,'' as used by the NCS, means that in 
emergencies, when cellular spectrum is congested, authorized priority 
users would gain access to the cellular radio spectrum before cellular 
telephone users not engaged in NS/EP functions. Approval of the 
proposed rules would (1) authorize cellular service providers to 
provide priority access; (2) ensure that such service providers, when 
doing so, are not in violation of Communications Act provisions barring 
unlawful discrimination or undue preference; and (3) override any 
existing contractual provisions inconsistent with the rules adopted.
    The NCS requests that the Commission establish the Cellular 
Priority Access Service (CPAS) by amending Part 64 of the Commission's 
Rules. Under the proposed CPAS rules, authorized NS/EP users would be 
permitted to obtain access to cellular radio channels ahead of non-NS/
EP users when cellular network congestion is blocking NS/EP call 
attempts. In order to obtain priority access, the authorized user would 
dial a feature code such as ``*XX.'' The service would require no 
special activation; CPAS calls would not preempt calls in progress.

Public Safety Rulemaking

    In a rulemaking proceeding recently initiated by the Commission, 
comment has been sought regarding present deficiencies in public safety 
wireless communications, and spectrum needs for public safety purposes. 
See The Development of Operational, Technical, and Spectrum 
Requirements for Meeting Federal, State and Local Public Safety Agency 
Communication Requirements Through the Year 2010, WT Docket No. 96-86, 
Notice of Proposed Rulemaking, FCC 96-115, released April 10, 1996. The 
Commission stated that the goal of the proceeding is:

    To develop the data necessary to evaluate the spectrum needs of 
public safety agencies, to solicit comment on how best to meet these 
needs, and to facilitate a transition to a communications 
environment in which public safety agencies have access to higher 
quality transmission, emerging technologies, and broader services, 
including the ability to communicate readily with one another 
(interoperability).

Id. at para. 3.
    In addition to commenting on the merits of the NCS petition, 
interested parties are asked to address whether and to what extent the 
issues raised in the NCS petition are related to the pending public 
safety rulemaking proceeding, WT Docket No. 96-86. Interested parties 
may file comments no later than June 3, 1996. Reply comments must be 
filed by July 2, 1996. All comments should be filed with the Office of 
the Secretary, Federal Communications Commission, 1919 M Street, NW., 
Room 222, Washington, DC 20554, referencing WT Docket No. 96-86 and the 
petition for rulemaking filed by the NCS. The full text of the 
petition, the comments, and reply comments are available for inspection 
and duplication during regular business hours in the FCC Reference 
Center, Federal Communications Commission, 1919 M Street, NW., Room 
239, Washington, DC 20554. Copies may also be obtained from 
International Transcription Service, Inc. (ITS), 2100 M Street, NW., 
Suite 140, Washington, DC 20037, (202) 857-3800.

List of Subjects in 47 CFR Part 64

    Civil defense.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-10344 Filed 4-25-96; 8:45 am]
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