Commercial Mobile Radio Services; Connecticut State Petition to Retain Regulatory Control of Rates of Wholesale Cellular Service Providers

FEDERAL COMMUNICATIONS COMMISSION

[PR Docket No. 94-106; DA 94-1067]

Commercial Mobile Radio Services; Connecticut State Petition to

Retain Regulatory Control of Rates of Wholesale Cellular Service

Providers

AGENCY: Federal Communications Commission.

ACTION: Notice; extension of time.

-----------------------------------------------------------------------

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 these

intrastate rates. This Order extends the deadlines for reply comments

in this proceeding in response to a request filed by Richard

Blumenthal, Attorney General of the State of Connecticut, the

Connecticut Office of Consumer Counsel, Connecticut Telephone and

Communication Systems, Inc. and Connecticut Mobilecom, Inc. 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 of the Connecticut Department of Public

Utility Control to Retain Regulatory Control of the Rates of Wholesale

Cellular Service Providers in the State of Connecticut; Order

Adopted: September 28, 1994; Released: September 29, 1994.

By the Chief, Private Radio Bureau:

1. Richard Blumenthal, Attorney General of the State of

Connecticut, the Connecticut Office of Consumer Counsel, Connecticut

Telephone and Communication Systems, Inc. and Connecticut Mobilecom,

Inc. (collectively Movants) have filed a motion for a 15-day

extension of time from the October 4, 1994 deadline for filing reply

comments.\1\ For the reasons given below, we grant the motion.

---------------------------------------------------------------------------

\1\Joint Motion for Extension of Time (dated Sept. 26, 1994)

(Motion).

---------------------------------------------------------------------------

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 with the FCC.\2\ States with existing

rate regulation could petition by August 10, 1994 to continue

regulating, and would obtain a stay of 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.

---------------------------------------------------------------------------

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

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

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

---------------------------------------------------------------------------

3. Movants, who support the petition of the Connecticut

Department of Public Utility Control, state that they need the

requested extension to analyze the filings of the parties opposing

the petition, which contain ``putative antitrust, competitive and

economic analyses of the cellular markets as well as other

testimony.''\4\ They state that grant of this ``modest'' extension

will ensure a complete record in this proceeding and facilitate a

timely Commission decision in the proceeding.\5\

---------------------------------------------------------------------------

\4\Motion at 2.

\5\Motion at 2-3.

---------------------------------------------------------------------------

4. We believe that the motion has merit. The record in this

proceeding is large, and the issues, including the state of

competition in the cellular market in the state and the

reasonableness of rates, intricate. We find that good cause has been

shown for the requested extension.

5. Pursuant to Section 1.46 of the Commission's Rules,\6\ we

GRANT the Joint Motion for Extension of Time of Richard Blumenthal,

Attorney General of the State of Connecticut, the Connecticut Office

of Consumer Counsel, Connecticut Telephone and Communication

Systems, Inc. and Connecticut Mobilecom, Inc., AND HEREBY EXTEND the

period for filing replies UNTIL October 19, 1994.

---------------------------------------------------------------------------

\6\47 CFR 1.46.

---------------------------------------------------------------------------

Ralph A. Haller,

Chief, Private Radio Bureau.

[FR Doc. 94-24831 Filed 10-6-94; 8:45 am]

BILLING CODE 6712-01-M