Practice and procedure: Wireless transfers and assignments; time extension for consummation and notification,

[Federal Register: November 16, 1999 (Volume 64, Number 220)]

[Rules and Regulations]

[Page 62119-62120]

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

[DOCID:fr16no99-14]

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[FCC 99-321]

Extension of the Time for Consummation and Notification of Wireless Transfers and Assignments

AGENCY: Federal Communications Commission.

ACTION: Final rule.

SUMMARY: This document amends the Commission's rules to extend the time by which parties must notify the Commission of consummation of an approved wireless license transfer or assignment from 60 to 180 days. The intended effect of this change is to facilitate the rapid deployment of wireless services to the public and enhance the ability of wireless industries to compete effectively in the marketplace.

DATES: Effective November 16, 1999.

FOR FURTHER INFORMATION CONTACT: Jeffrey Steinberg or David Judelsohn, Commercial Wireless Division, Wireless Telecommunications Bureau, (202) 418-0620.

SUPPLEMENTARY INFORMATION: This Order, adopted October 28, 1999, and released November 2, 1999, amends Sec. 1.948(d) of the Commission's rules. An OMB 83-C ``Change/Correction Worksheet'' has been submitted to the Office of Management and Budget. The Order is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street, S.W., Washington D.C. The complete text may be purchased from the Commission's copy contractor, International Transcription Service, Inc., 1231 20th Street, N.W., Washington D.C. 20036 (202) 857-3800.

Synopsis of the Order

By this Order, we amend Sec. 1.948(d) of the Commission's rules to extend the time by which parties must notify the Commission of consummation of an approved wireless license transfer or assignment from 60 to 180 days. The amendment is being made pursuant to the Commission's initiative to streamline its regulations in an effort to facilitate the rapid deployment of wireless services to the public and enhance the ability of wireless industries to compete effectively in the marketplace. Because this rule change involves a rule of agency procedure, general notice and an opportunity to comment are not required. 5 U.S.C. 553(b)(3)(A).

Currently, Sec. 1.948(d) of the Commission's rules requires all wireless radio service licensees to consummate a transfer or assignment that requires prior Commission approval and notify the Commission of such consummation within 60 days of public notice of approval, unless a request for an extension of time to consummate is filedprior to the expiration of this 60-day period. 47 CFR 1.948(d). See Biennial Regulatory Review--Amendment of Part 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Bureau, WT Docket No. 98-20, 13 FCC Rcd 21027 (1998). 63 FR 68904 (December 14, 1998). It has been our experience, however, that many wireless licensees request Commission approval of these transactions well in advance and routinely require more than 60 days to consummate a transaction after Commission approval. As a result, parties are required to request extensions of the 60-day period, thereby forcing the Commission to allocate limited resources to process these requests.

We believe that this problem can be resolved by expanding the 60- day period for consummation and notification to 180 days. Under the rule that we adopt today, parties to an approved wireless license transfer or assignment will be required to consummate the transaction and notify the Commission of consummation

[[Page 62120]]

within 180 days of public notice of Commission approval. In addition, this notification must occur no later than 30 days after consummation. If parties fail to consummate and notify the Commission within 180 days, or fail to request an extension within the 180 day period, approval of the transfer or assignment will automatically be rescinded.

We conclude that the rule we adopt today will relieve substantial administrative burdens on licensees and the Commission staff by eliminating the need for parties to request extensions of time in all but the rarest circumstances. Because most extension requests are routinely granted, this general extension of the time to consummate transactions will not harm the public interest. Based on our experience, we believe 180 days will be enough time to permit most parties to complete their transactions, and that this time frame is short enough to reasonably ensure that the facts on which the Commission's approval is based will not have changed significantly before the transaction is consummated. At the same time, the requirement that notification occur no later than 30 days after consummation will ensure that ownership information in the Commission's databases remains up to date. We note that this 30-day period is the same amount of time given where transfers and assignments do not require prior Commission approval. We also note that this rule change does not modify our authority to impose additional consummation and notification requirements on specific transactions. For example, it has been our practice to require licensees participating in the Commission's installment payment plan to be current in their payments. Thus, prior to consummation, the transferor or assignor continues to be obligated to meet all payment deadlines. Furthermore, prospective transferees or assignees of licenses subject to installment payments may be required to provide signed loan documents to the Commission prior to consummation of the transaction.

Accordingly, It is ordered that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. 154(i), and section 553(b)(3)(A) of the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(A), Sec. 1.948(d) of the Commission's rules, 47 CFR 1.948(d), is amended as described.

This Order is effective upon publication in the Federal Register. As a result, the new rule will apply to all transfers and assignments that are pending or have been approved, but not consummated, at the time of, and after, Federal Register publication.

List of Subjects in 47 CFR Part 1

Administrative practice and procedure. Magalie Roman Salas, Secretary.

For the reasons set forth in the preamble, amend part 1 of title 47 of the Code of Federal Regulations as follows:

PART 1--PRACTICE AND PROCEDURE

1. The authority citation for part 1.948 continues to read:

   Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309.

   Sec. 1.948 [Amended]

2. Revise Sec. 1.948(d) to read as follows: * * * * *

   (d) Notification of consummation. In all Wireless Radio Services, licensees are required to notify the Commission of consummation of an approved transfer or assignment using FCC Form 603. The assignee or transferee is responsible for providing this notification, including the date the transaction was consummated. For transfers and assignments that require prior Commission approval, the transaction must be consummated and notification provided to the Commission within 180 days of public notice of approval, and notification of consummation must occur no later than 30 days after actual consummation, unless a request for an extension of time to consummate is filedon FCC Form 603 prior to the expiration of this 180-day period. For transfers and assignments that do not require prior Commission approval, notification of consummation must be provided on FCC Form 603 no later than 30 days after consummation, along with any necessary updates of ownership information on FCC Form 602. * * * * *

   [FR Doc. 99-29783Filed11-15-99; 8:45 am]

   BILLING CODE 6712-01-P