Radio services, special: Fixed microwave services— Multiple address systems; 932/941 MHz band allocations; applications dismissal,

[Federal Register: October 5, 1998 (Volume 63, Number 192)]

[Proposed Rules]

[Page 53350-53351]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr05oc98-29]

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 22, and 101

[WT Docket No. 97-81; DA 98-1889]

Multiple Address Systems

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; dismissal.

SUMMARY: On September 17, 1998, the Public Safety and Private Wireless Division adopted and released an Order dismissing all pending Multiple Address System (MAS) applications for use of the 932-932.5/941-941.5 MHz bands which were filedin anticipation of the Commission conducting a lottery to license competing applications. The Balanced Budget Act of 1997 terminated the Commission's authority to use lotteries to select among competing mutually exclusive applicants for initial license or construction permits. Applicants will have the opportunity to refile applications for MAS service under new service rules that are fully compliant with the Balanced Budget Act of 1997.

DATES: Effective September 17, 1998. All pending MAS applications for use of the 932-932.5/941-941.5 MHz bands (File Nos. A00001-A50772) were dismissed on September 17, 1998.

ADDRESSES: Federal Communications Commission, 1919 M St., NW., Room 222, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Ronald Quirk or Shellie Blakeney, Wireless Telecommunications Bureau, Public Safety & Private Wireless Division, Policy and Rules Branch, (202) 418-0680, or via E-mail to ``rquirk@fcc.gov'' or ``sblakene@fcc.gov.''

SUPPLEMENTARY INFORMATION:

  1. The Commission announced by Public Notice that it would open five two-day filing windows in 1992 for license applications proposing to use channels in the 932/941 MHz MAS frequency band. The Commission announced that it would select licensees by lottery if mutually exclusive applications were received. In response to the series of filing windows, over 50,000 applications were submitted.

  2. On August 10, 1993, Congress enacted the Omnibus Budget Reconciliation Act of 1993 (1993 Budget Act) which authorized the Commission to select licensees applying for initial license grants or authorizations from among competing applicants by competitive bidding for certain classes of radio licenses. As a result, the Commission commenced a proceeding to examine whether licenses for various radio services should be distributed by competitive bidding.

  3. The 1993 Budget Act required that the Commission subject to competitive bidding, those licensees that would receive compensation in exchange for its services. See 47 U.S.C. 309(j)(2)(A) (1993). Hence, in its proceeding implementing the 1993 Budget Act, the Commission determined that the MAS applications should not be subject to competitive bidding because at that time, it was believed that the licenses would be primarily used for private internal communications and not involve subscriber-based services. Subsequently, upon review of the 50,000 applications filed, the Commission determined that its original assumptions regarding MAS may have become inaccurate because most applications reflected that the spectrum would be primarily used for subscriber-based services. As a result, in February 1997, the Commission released a Notice of Proposed Rule Making (MAS Notice), 62 FR 11407 (March 12, 1997), which sought to streamline the MAS service rules, increase technical and operational flexibility for MAS licensees, license most MAS channels by geographic area and award mutually exclusive licenses by competitive bidding. The Commission also proposed to dismiss the pending MAS applications for the 932/941 MHz band without prejudice and to allow refiling under whatever

    [[Page 53351]]

    new licensing rules are ultimately adopted.

  4. Subsequently, the 1997 Balanced Budget Act (1997 Budget Act) eliminated the Commission's authority to use lotteries (with an exception not relevant to the MAS context) for any license issued after July 1, 1997. The 1997 Budget Act also expanded the Commission's authority--and statutory mandate--to use competitive bidding to select licensees from among mutually exclusive applications for any initial license, with no exceptions for pending mutually exclusive applications. As a result of this Congressional mandate, the Commission was left without authority to process the pending mutually exclusive applications by random selection. Thus, the pending applications are dismissed without prejudice. Applicants will have the opportunity to refile applications for MAS service under new service rules that are fully compliant with the 1997 Balanced Budget Act.

  5. Applicants can apply to the Office of Managing Director of the Federal Communications Commission for a refund of filing fees, pursuant to section 1.1113(a) of the Commission's rules. See 47 CFR 1.1113(a).

  6. The full text of the Order is available for inspection and duplication during regular business hours in the Public Safety and Private Wireless Division of the Wireless Telecommunications Bureau, Federal Communications Commission, 2025 M Street, NW., Room 8010, Washington, DC 20554. Copies may also be obtained from International Transcription Service, Inc. (ITS), 1231 20th Street, NW., Washington, DC 20036, (202) 857-3800.

    List of Subjects

    47 CFR Part 1

    Administrative practice and procedure, Communications common carriers, Radio.

    47 CFR Part 22

    Communications common carriers, Radio.

    47 CFR Part 101

    Radio.

    Federal Communications Commission. D'wana R. Terry, Chief, Public Safety & Private Wireless Division, Wireless Telecommunications Bureau

    [FR Doc. 98-26568Filed10-2-98; 8:45 am]

    BILLING CODE 6712-01-P

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