# Commercial Mobile Radio Services; Louisiana State Petition to Retain Existing Jurisdiction Over Commercial Mobile Radio Services > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-25542 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** October 17, 1994 ## Text 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. ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \4\Emergency Motion at 1. \5\Emergency Motion at 3. \6\Motion to Expedite at 2. See also 47 CFR 1.46. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-25542. Public record. Not legal advice.