[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Rules and Regulations]
[Pages 34375-34376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16874]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 22 and 90

[WT Docket No. 96-18; PP Docket No. 93-253; FCC 96-260]


Future Development of Paging Systems; Implementation of Section 
309(J) of the Communications Act--Competitive Bidding

AGENCY: Federal Communications Commission.

ACTION: Final Rule; Order on Reconsideration of Interim Rules.

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SUMMARY: In this Order on Reconsideration in WT Docket No. 96-18 and PP 
Docket No. 93-253, the Commission modifies the First Report and Order 
in this docket by expanding the number of licensees that can modify 
their paging systems by adding sites, due to the paging industry's 
claims that such relief is necessary to allow paging operators to meet 
customer needs and improve service to the public while this rulemaking 
is pending. The Commission will allow applications for additional sites 
by incumbent licensees who had filed paging applications by October 1, 
1995, rather than February 8, 1996, thus expanding the potential number 
of paging licensees that can expand their systems.

EFFECTIVE DATE: July 2, 1996.

FOR FURTHER INFORMATION CONTACT: Mika Savir or Rhonda Lien, Commercial 
Wireless Division at (202) 418-0620.

SUPPLEMENTARY INFORMATION: This Order on Reconsideration in WT Docket 
No. 96-18, PP Docket No. 93-253, adopted June 10, 1996 and released 
June 11, 1996, is available for inspection and copying during normal 
business hours in the FCC Reference Center, Room 230, 1919 M Street 
N.W., Washington, DC. The complete text may be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., 2100 M Street, N.W., Suite 140, Washington DC., 20037, (202) 857-
3800.

Synopsis of Order on Reconsideration of First Report and Order:

I. Background

    In the Notice of Proposed Rulemaking (NPRM), 61 FR 06199, February 
16, 1996, the Commission suspended acceptance of new paging 
applications governed by parts 22 and 90 of the Commission's rules in 
conjunction with a proposal to convert from site-by-site licensing of 
paging channels to licensing on a geographic area basis. In the First 
Report and Order (First R&O), 61 FR 21380, May 10, 1996, the Commission 
adopted interim measures allowing incumbents on non-nationwide paging 
channels to apply for new sites to expand existing systems, subject to 
certain limitations, during the pendency of the rulemaking proceeding. 
On its own motion, the Commission makes certain modifications to the 
interim licensing rules established by the First R&O, as discussed 
below.
    In the First R&O, the Commission allowed incumbents to expand the 
geographic coverage of their systems by adding transmission sites to 
their systems within a defined distance of existing, operating sites. 
Specifically, the First R&O provided that applications could be filed 
for new sites provided that the applicant certifies that the proposed 
site is within 65 kilometers (40 miles) of an operating site licensed 
to the same applicant on the same channel prior to the NPRM, that is, 
February 8, 1996. Thus, under the terms of the First R&O, incumbents 
may not use sites licensed after February 8, 1996 as the basis for 
filing applications for additional expansion sites under the interim 
rules.

II. Order on Reconsideration

    At the time the Commission adopted the NPRM, the Wireless 
Telecommunications Bureau (Bureau) was engaged in reducing a 
significant backlog of pending paging applications, primarily in the 
931 MHz band, many of which had been pending for a year or more. Since 
the NPRM was adopted, the Bureau has significantly reduced the backlog 
by processing all non-mutually exclusive applications filed through 
September 30, 1995. In ex parte presentations and in comments filed 
with the Commission, incumbent paging operators have argued that the 
processing backlog delayed licensing of sites that otherwise would have 
been granted prior to February 8, 1996. Accordingly, these commenters 
contend that they should not be precluded from using these newly 
licensed sites as a basis for expansion.

III. Discussion

    The Commission agrees that because of the time it has taken to 
process certain paging applications, it should allow incumbents to use 
some sites that were not licensed as of February 8, 1996 as a basis for 
expansion. Due to the large number of 931 MHz applications filed in the 
past few years, the Bureau has developed a computer software program to 
identify and process non-mutually exclusive applications. The Bureau 
began using the program to process backlogged applications in mid-1995. 
However, some applications for 931

[[Page 34376]]

MHz licenses that were filed as early as January 1995 were still 
pending on February 8, 1996. The Bureau recently completed its computer 
run of 931 MHz applications filed between January 1 and September 30, 
1995. The results of the run identified about 2,500 applications that 
were not mutually exclusive and are to be granted, if the applications 
are otherwise complete, eliminating most of the remaining application 
backlog. The Commission believes that the recipients of these license 
grants should be allowed to expand their systems based on these sites, 
as long as the licensed sites are operational at the time the expansion 
applications are filed. Therefore, the Commission will allow incumbents 
to expand 65 kilometers (40 miles) from sites for which applications 
were filed as of September 30, 1995, whether or not such applications 
were granted prior to February 8, 1996. This change to the Commission's 
interim measures will benefit applicants most affected by delays prior 
to adoption of the NPRM.

IV. Procedural Matters and Ordering Clauses

A. Regulatory Flexibility Act
    As required by Section 604 of the Regulatory Flexibility Act, the 
Commission has prepared a Final Regulatory Flexibility Analysis of the 
expected impact on small entities of the modification of the interim 
rules set forth in this Order on Reconsideration.
    Statement of the Need for and Objectives of Interim Rules: In this 
Order on Reconsideration, the Commission is modifying the interim 
measures, specifically, the interim freeze on new paging applications 
imposed in the Notice of Proposed Rulemaking, to permit incumbent 
paging licensees to apply for additional licenses to add transmission 
sites to existing paging systems on the same channel as the existing 
systems, provided that the additional transmission site is within 65 
kilometers (40 miles) from an operating transmission site in the 
applicant's system. This modification of the interim rule will allow 
paging companies additional flexibility to expand their systems during 
the interim period.
    Summary of Significant Issues Raised by Comments to the Initial 
Regulatory Flexibility Analysis (IRFA): There were no comments to the 
IRFA regarding the interim rules.
    All significant alternatives are discussed in the Order on 
Reconsideration.
B. Ordering Clauses
    It is ordered that, pursuant to the authority of Sections 4(i), 
303(r), 309(c), 309(j), and 332 of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 303(r), 309(c), 309(j), and 332, and 
effective upon publication of this Order on Reconsideration in the 
Federal Register, the interim rules set forth in the First Report and 
Order in this docket are modified as set forth herein.

List of Subjects

47 CFR Part 22

    Communications common carriers.

47 CFR Part 90

    Common carriers.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-16874 Filed 7-1-96; 8:45 am]
BILLING CODE 6712-01-P