Public Mobile Services

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 22

[CC Docket No. 92-115; FCC 94-102]

Public Mobile Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Federal Communications Commission proposes further

revisions to its rules governing the Public Mobile Services. The

proposed further revisions are necessary to update these rules. The

intent of this proposal is to eliminate unnecessary information

collection requirements, streamline licensing procedures, reduce the

processing and review burden on the Commission's staff, and ensure that

licensees in the public mobile services are fully qualified to provide

service to the public as expeditiously as possible.

DATES: Comments must be submitted on or before June 20, 1994. Reply

comments must be submitted on or before July 5, 1994.

ADDRESSES: Address written comments to: Federal Communications

Commission, 1919 M Street, NW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Leila Brown, 202-632-6450 or Dan

Abeyta, 202-632-6450.

SUPPLEMENTARY INFORMATION:

Summary of the Further Notice of Proposed Rulemaking

The following is a summary of the Commission's further notice of

proposed rulemaking in CC Docket No. 92-115, adopted April 20, 1994 and

released May 20, 1994. The full texts of all Commission decisions are

available for inspection and copying during normal business hours in

the FCC Docket Branch (room 230), 1919 M Street, NW., Washington, DC.

The complete text of this decision may be purchased from the

Commission's copy contractor, International Transcription Services,

(202) 857-3800, 2100 M Street, NW., suite 140, Washington, DC 20037.

1. In this Further Notice, the Federal Communications Commission

proposes further revisions to 47 CFR part 22. The rules in part 22

govern the Public Mobile Services. These revisions are proposed in

order to eliminate unnecessary information collection requirements,

streamline licensing procedures, reduce the processing and review

burden on the Commission's staff, and ensure that licensees in the

public mobile services are fully qualified to provide service to the

public as expeditiously as possible.

2. On May 14, 1992, the Commission adopted a Notice of Proposed

Rulemaking in the docket 57 FR 29260, July 1, 1992 proposing

comprehensive revisions to part 22. Prior to adoption of a Report and

Order in this proceeding, Congress enacted the Omnibus Budget

Reconciliation Act of 1993 (Budget Act) which amends section 3(n) and

section 332 of the Communications Act. The Budget Act creates a

comprehensive regulatory framework for all mobile radio services,

including existing part 22 common carrier mobile services, private land

mobile services, and future services. Because of the broad statutory

changes that affect the regulation of mobile services, action on the

part 22 revision was deferred. The proposals adopted in the further

notice augment those proposals adopted in the notice.

3. We propose to require licensees notifying the Commission of

minor modifications to their systems on FCC Form 489, which include

Service Area Boundary (SAB) extensions into the adjacent market, to

specify whether the 5 year fill-in period for the market has expired

and, if so, to state that the SAB extension does not cover any unserved

area. Current rules allow a cellular licensee to expand its SAB into an

adjacent cellular service territory pursuant to a written agreement

with the latter licensee. A licensee is permitted to expand its SAB

into an adjacent cellular geographic service area (CGSA) at any time

and may extend into an adjacent metropolitan service area or a rural

service area provided the 5 year fill-in period has not expired. Many

of the contracts included with FCC Forms 489 that notify the Commission

of such minor modifications simply acknowledge a licensee's permission

to allow a SAB extension into its market, even when the 5 year fill-in

period has expired. In these cases, the staff must devote a significant

amount of time to determine if the SAB extension covers any unserved

area, because licensees may apply to serve such area only by filing a

separate application with the Commission.

4. We propose to revise the scale of the maps required to be filed

by the Commission's rules from 1:250,000 to 1:500,000. We believe that

reducing the map scale would serve the public interest by reducing both

filing burdens on applicants as well as review burdens on the staff.

5. We propose to modify the rules to allow cellular licensees to

make minor changes to their facilities and to add transmitters within

the contours of authorized stations without seeking prior approval or

notifying the Commission of such changes. If we adopt this proposal, we

plan to eliminate the listing of internal cell sites on our

authorizations for existing licensees. However, we intend to maintain

accurate, current information regarding the cell sites that constitute

a system's CGSA boundary--i.e., the external cell sites. Therefore, we

propose to require all cellular licenses to submit the following

information for each of their external cell sites: (1) The geographic

coordinates and cell site location description as required in Item 27

on Schedule B of FCC Form 401 and (2) the operating and technical

parameters for the cell site which is currently required in Table MOB 2

and Table MOB 3 of FCC Form 401. This is a one time filing that would

assist the staff in updating the Commission's database systems.

6. We propose to modify the information that licensees must submit

pursuant to rule Sec. 22.925 of the Commission's rules. First,

consistent with the proposal to revise the map scale, we propose to

revise the scale of the full-size map to a scale of 1:500,000. Second,

we propose to require that all maps submitted pursuant to this rule

show only the exterior cell sites and their respective service area

boundaries that make up the CGSA. Third, we propose to require

licensees to include an exhibit providing the coordinates for each

exterior cell site and the information currently required in the MOB 3

Table of FCC Form 401. Fourth, we propose to eliminate the requirement

that licensees submit a frequency utilization plan or chart. Fifth, we

propose to require licensees to label all System Information Update

maps with specific language explaining which carrier is filing the map

and for which market.

7. We propose that for all 931 MHz paging applications, applicants

must specify the frequency for which they seek authorization. The

frequency requested must be available at the time the application is

filed. Applications that are acceptable for filing will be placed on

public notice. Mutually exclusive applications received within 30 days

after the public notice will be considered one processing group.

Mutually exclusive applicants for specific frequencies that are

accepted for filing after July 26, 1993 would be subject to the

competitive bidding process. We also propose that applicants for 931

MHz paging frequencies with applications pending when final rules

become effective be given 60 days from the effective date of a final

order in this proceeding to amend their applications to specify

frequencies for which they seek authorization. Failure to amend a

pending application to specify a frequency will result in dismissal of

that application. All pending amended applications and newly filed

applications that are mutually exclusive and received within 60 days of

the effective date of this Order will be considered together as a

processing group this one time only. We propose that the amended

applications be subject to the competitive bidding process. However, we

seek comment on whether we should instead use lotteries for these

applications.

8. We propose to consider the following to be an initial 931 MHz

paging application: (1) an application anywhere on a new frequency and

(2) a proposal to locate a new facility more than two kilometers (1.6

miles) from any existing facility operating on the same frequency. A

931 MHz paging application would be considered a modification of an

existing system only if: (1) It proposes a new location two kilometers

or less from a previously authorized and fully operational base station

licensed to the same licensee operating on the same frequency; or (2)

the application is for a change of location within two kilometers of an

existing station licensed to the same licensee; or (3) the application

proposes a technical change that would not increase the service

contour. We tentatively conclude that we will use first come, first

served procedures to process 931 MHz paging modification licenses in

cases in which we conclude, as a result of our examination of the issue

in this rulemaking proceeding, that the use of competitive bidding

procedures would not be legally permissible or otherwise appropriate.

Under the first come, first served procedure, only manually exclusive

modification applications received on the same day would, consistent

with the Budget Act, be designated for comparative hearing to determine

which modification application should be granted.

9. We welcome comment on any and all of the proposed further

revisions to 47 CFR part 22. We also invite suggestions for any other

proposals or refinements to the proposals that we have made in this

proceeding.

10. This is a non-restricted notice and comment rulemaking

proceeding. Ex parte presentations are permitted except during the

Sunshine Agenda period, provided they are disclosed as provided in

Commission rules. See generally 47 CFR 1.1202, 1.1203 and 1.1206(a).

11. Pursuant to applicable procedures in 47 CFR 1.415 and 1.419,

interested parties may file comments on or before June 20, 1994 and

reply comments on or before July 5, 1994. All relevant and timely

comments will be considered by the Commission before final action is

taken in this proceeding. To file formally in this proceeding,

participants must file an original and four copies of all comments,

reply comments and supporting comments. If participants want each

Commissioner to receive a personal copy of their comments, an original

plus nine copies must be filed. Comments and reply comments should be

sent to Office of the Secretary, Federal Communications Commission,

Washington, DC 20554. Comments and reply comments will be available for

public inspection during regular business hours in the Dockets

Reference Room (room 239) of the Federal Communications Commission,

1919 M Street NW., Washington, DC 20554.

12. Accordingly, it is ordered that, pursuant to section 4(i) and

303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i)

and 303(r), this further notice of proposed Rulemaking is issued. It is

further ordered, That the Secretary shall cause a copy of this further

notice to be sent to the Chief Counsel for advocacy of the Small

Business Administration.

Paperwork Reduction Act

The following collections of information contained in this proposed

rule have been submitted to the Office of Management and Budget for

review under section 3504(h) of the Paperwork Reduction Act (44 U.S.C.

3504(h)). Copies of this submission may be purchased from the

Commission's copy contractor, International Transcription Service,

Inc., (202) 857-3800, 2100 M Street NW., suite 140, Washington, DC

20037. Persons wishing to comment on this collection of information

should direct their comments to Timothy Fain, (202) 395-3561, Office of

Management and Budget, room 3235, NEOB, Washington, DC 20503. A copy of

any comments file with the Office of Management and Budget should also

be sent to the following address at the Commission: Federal

Communications Commission, Records Management Division, room 234,

Paperwork Reduction Project, Washington, DC 20554. For further

information contact Judy Boley, (202) 632-7513.

Title: Revision of part 22 of the Commission's Rules Governing the

Public Mobile Services, CC Docket No. 92-115, FNPRM.

OMB Number: 3060-0508.

Action: Proposed new and revised collections.

Respondents: Businesses or other for profit, including small

businesses.

Frequency of Response: On occasion.

Public Burden For the Collections Is Estimated As Follows:

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Estimated

average Estimated

Proposed requirements hours per annual

response burden

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Service Area Boundary............................. ......... 3200

Extensions...................................... 2 1700

Cell Sites Report................................. 1 1700

System Information Update......................... 1 4000

931 MHz Applications.............................. 1 .........

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Total Annual Hours.......................... ......... 10,600

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Needs and Uses: The further notice of proposed rulemaking solicits

public comment to revise part 22 of FCC's rules governing the Public

Mobile Services. The revisions are proposed in order to make the rules

easier to understand, eliminate outdated rules and unnecessary

information collection requirements, streamline licensing procedures,

and allow licensees greater flexibility in providing service to the

public. Generally, the collected information is used to determine the

legal and technical qualifications of the respondents.

Regulatory Flexibility

Pursuant to the Regulatory Flexibility Act of 1980, the

Commission's initial regulatory flexibility analysis follows:

Reason for Action and Objective

The Commission is proposing to revise title 47, part 22 of the Code

of Federal Regulations to eliminate unnecessary information collection

requirements and, whenever possible, provide greater flexibility to

carriers while at the same time promoting the public interest. The

objective of this proposal is to provide effective and adaptive

regulation for communications.

Legal Basis

Authority for this further notice is contained in sections 4(i)

and 303(r) of the Communications Act of 1934, 47 U.S.C. 154(i) and

303(r).

Reporting, Recordkeeping and Other Compliance Requirements

The proposed rules would not significantly change the existing

reporting, recordkeeping and other compliance requirements. In the case

of required map filings, for example, the proposal merely changes the

scale of the map filed. Several new requirements are proposed. For

example, one of the proposed new rules would require that cellular

licensees submit information for each of their external cell sites.

Another proposed rule would require that applicants for 931 MHz paging

service request specific frequencies in their applications.

Federal Rules That Overlap, Duplicate or Conflict With These Rules

None.

Description, Potential Impact and Number of Small Entities Affected

There are approximately 8,600 licensees subject to the rules in

part 22. A substantial portion of these are small entities. There are

also a number of small entities whose business is consulting or

providing other services in connection with part 22. The proposed

further notice would not significantly impact these small entities.

Significant Alternatives Minimizing Impact on Small Entities and

Consistent With States Objectives

The proposals contained in this Further Notice are meant to

simplify and ease the regulatory burden on all Public Mobile Services

applicants and licensees consistent with the Commission's established

public interest objectives.

The Chief Counsel for Advocacy of the Small Business Administration

will be served with a copy of this Further Notice of Proposed Rule

Making in accordance with section 603(a) of the Regulatory Flexibility

Act, 5 U.S.C. 603(a).

List of Subjects in 47 CFR Part 22

Public mobile services, Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 94-14455 Filed 6-16-94; 8:45 am]

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