Commercial Mobile Radio Services; New York State Petition for Authority to Regulate Commercial Mobile Radio Service Rates

FEDERAL COMMUNICATIONS COMMISSION

[PR Docket No. 94-108; DA 94-1055]

Commercial Mobile Radio Services; New York State Petition for

Authority to Regulate Commercial Mobile Radio Service Rates

AGENCY: Federal Communications Commission.

ACTION: Notice; extension of time.

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SUMMARY: The amendments to the Communications Act in the Omnibus Budget

Reconciliation Act of 1993 preempted state rate and entry regulation of

commercial mobile radio services. States were given the opportunity to

file petitions for the authority to continue regulating intrastate

rates. This Order extends the deadlines for reply comments in this

proceeding in partial response to a request filed by the New York

Public Service Commission. This extension will provide interested

parties enough time to complete their review and submit meaningful

replies on the issues we raised in this proceeding.

DATES: Reply comments must be filed on or before October 19, 1994.

ADDRESSES: Send reply comments to the Federal Communications

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

FOR FURTHER INFORMATION CONTACT:

Regina Harrison, Private Radio Bureau, Land Mobile and Microwave

Division, (202) 632-7125.

SUPPLEMENTARY INFORMATION:

In the Matter of Petition for New York State Public Service Commission

to Extend Rate Regulation; Order

Adopted: September 26, 1994; Released: September 26, 1994.

By the Chief, Private Radio Bureau:

1. Petitioner New York Public Service Commission (New York) has

filed a motion for a 30-day extension of time from the October 4,

1994 deadline for filing reply comments.\1\ For the reasons given

below, we grant New York some, but not all, of the relief requested.

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\1\Motion for Extension of Time in Which To File Comments of New

York State Public Service Commission (dated Sept. 23, 1994)

(Motion).

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2. The amendments to the Communications Act in the Omnibus

Budget Reconciliation Act of 1993 preempted state rate and entry

regulation of commercial mobile radio services. A state could,

however, obtain intrastate rate regulatory authority by filing a

properly supported petition for the FCC.\2\ States with existing

rate regulation could petition by August 10, 1994 to continue

regulating, and would obtain a stay statutory preemption until the

FCC acted. The Commission has one year in which to rule on the

petition and to decide any reconsideration. New York filed such a

petition on August 9, 1994. Pursuant to the Commission's rules,\3\

interested parties had 30 days in which to comment and then 15 days

for replies.

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\2\Omnibus Budget Reconciliation Act of 1993, Public Law 103-66,

Title VI, 6002(b)(2), 107 State. 312, 392 (1993), amending Section

332(c)(3) of the Communications Act, 47 U.S.C. Sec. 332(c)(3).

\3\Second Report and Order, Implementation of Sections 3(n) and

332 of the Communications Act, Regulatory Treatment of Mobile

Services, 9 FCC Rcd 1411, 1522-23 (1994), 59 Fed. Reg. 18493 (Apr.

19, 1994) (to be codified at 47 CFR 20.13).

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3. New York states that it needs the requested extension in

order to have as much time to respond to the opposition as other

parties were given to respond to its petition. It states that it

needs the additional time in order to read and respond to the

voluminous and complex comments filed. It observes that very few of

the parties served New York with their pleadings and that it did not

receive a full set until September 22. It states that an extension

will not undermine the Commission's ability to complete the

proceeding on a timely basis. New York claims that the complexity of

the issues and the fundamental state interests at stake demonstrate

that good cause exists for an extension.\4\

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\4\Motion at 1-2.

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4. We agree with New York that some measure of relief is

required. The record in this proceeding is large, and the issues,

including the state of competition and reasonableness of cellular

rates in the state, are intricate. For these reasons, we conclude

that an extension of time would serve the public interest. On the

other hand, the Commission is faced with stringent statutory

deadlines in a large, complex proceeding. Granting an extension as

long as New York requests could impair the Commission's ability to

comply with the statutory deadlines. For these reasons, we find that

good cause has been shown for an extension of 15 days. This doubles

the reply period permitted to a total of 30 days.

5. Pursuant to Section 1.46 of the Commission's Rules,\5\ we

GRANT IN PART AND DENY IN PART the Motion of the New York Public

Service Commission for Extension of Time in Which to File Comments

TO THE EXTENT INDICATED HEREIN, AND HEREBY EXTEND the period for

filing replies UNTIL October 19, 1994.

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\5\47 CFR 1.46.

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Ralph A. Haller,

Chief, Private Radio Bureau.

[FR Doc. 94-24830 Filed 10-6-94; 8:45 am]

BILLING CODE 6712-01-M