Commercial Mobile Radio Services; Louisiana State Petition to Retain Existing Jurisdiction Over Commercial Mobile Radio Services

FEDERAL COMMUNICATIONS COMMISSION

46 CFR Chapter I

[PR Docket No. 94-107; DA 94-1085]

Commercial Mobile Radio Services; Louisiana State Petition to

Retain Existing Jurisdiction Over Commercial Mobile Radio Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; 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 these

intrastate rates. This Order extends the deadlines for reply comments

in this proceeding in response to a request filed by the Louisiana

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 14, 1994.

ADDRESSES: FCC, 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:

Order

Adopted: October 4, 1994.

Released: October 4, 1994.

By the Chief, Private Radio Bureau:

1. The Louisiana Public Service Commission (Louisiana) has filed an

``emergency'' motion for a 10-day extension of time from the October 4,

1994 deadline for filing reply comments, and a motion for expedited

consideration of that motion.\1\ For the reasons given below, we grant

the motion.

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\1\Morion for Expedited Consideration of Emergency Motion on

Behalf of the Louisiana Public Service Commission for 10-Day

Extension of Time to Reply to Comments Filed by Various Mobile

Carriers (dated Oct. 3, 1994) (Motion to Expedite); Emergency Motion

on Behalf of the Louisiana Public Service Commission for 10-Day

Extension of Time to Reply to Comments Filed by Various Mobile

Carriers (dated Oct. 3, 1994) (Emergency 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 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. Louisiana 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, Pub. L. No. 103-

66, Title VI, Sec. 6002(b)(2), 107 Stat. 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 FR 18493 (Apr. 19,

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

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3. Louisiana states that an extension ``is necessary in order to

provide the Commission with a complete and accurate record on which to

decide the numerous complex issues in this matter.'' The State claims

that this extension ``will not cause any undue hardship to any party

nor will it retard the progress of this proceeding.''\4\ It adds that

this proceeding will affect state interests in the manner in which

mobile carriers are regulated, the development of the industry, and the

rates paid by and services rendered to Louisiana ratepayers. It states

that it has a constitutional charge to protect ratepayers'

interests.\5\ In requesting expedited consideration, Louisiana states

that it has orally notified counsel of record of the filing of its

motions.\6\

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\4\Emergency Motion at 1.

\5\Emergency Motion at 3.

\6\Motion to Expedite at 2. See also 47 CFR 1.46.

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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 Sec. 1.46 of the Commission's Rules,\7\ we GRANT the

Motion for Expedited Consideration of Emergency Motion on Behalf of the

Louisiana Public Service Commission for 10-Day Extension of Time to

Reply to Comments Filed by Various Mobile Carriers and the Emergency

Motion on Behalf of the Louisiana Public Service Commission for 10-Day

Extension of Time to Reply to Comments Filed by Various Mobile

Carriers, And Hereby Extend the period for filing replies UNTIL October

14, 1994.

\7\47 CFR 1.46.

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Federal Communications Commission.

Ralph A. Haller,

Chief, Private Radio Bureau.

[FR Doc. 94-25542 Filed 10-14-94; 8:45 am]

BILLING CODE 6712-01-M