Facilitation of Future Development of SMR Systems in the 800 MHz Frequency Band; Implementation of Section 309(j) of the Communications ActCompetitive Bidding, 800 MHz SMR

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PR Docket No. 93-144 and PP Docket No. 93-253; DA 94-1326]

Facilitation of Future Development of SMR Systems in the 800 MHz

Frequency Band; Implementation of Section 309(j) of the Communications

Act--Competitive Bidding, 800 MHz SMR

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; extension of time.

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SUMMARY: On November 4, 1994, the Commission released a Further Notice

of Proposed Rule Making, FCC 94-271, 59 FR 60111, published November

22, 1994, concerning establishment of a flexible regulatory scheme and

competitive bidding procedures for Specialized Mobile Radio (SMR)

systems in the 800 MHz band.

In order to provide sufficient time for members of the SMR industry

to have the opportunity to reach consensus about the proposals

presented in this proceeding, this Order extends the deadlines for

comments and reply comments.

DATES: Comments must be filed on or before January 5, 1995 and reply

comments must be filed on or before January 20, 1995.

ADDRESSES: Federal Communications Commission, 1919 M Street NW.,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

D'wana R. Speight, Land Mobile and Microwave Division, (202) 632-7125.

SUPPLEMENTARY INFORMATION:

Order Extending Comment and Reply Comment Period

Adopted: November 28, 1994.

Released: November 28, 1994.

By the Chief, Land Mobile and Microwave Division:

1. We have received requests from the American Mobile

Telecommunications Association, Inc. (``AMTA'') and SMR WON for an

extension of time for filing Comments and Reply Comments in response to

the Further Notice of Proposed Rule Making in this proceeding.1

AMTA's motion, filed on November 22, 1994, requests that the Commission

extend the deadlines for filing comments and reply comments (currently

December 5, 1994 and December 20, 1994, respectively) by 30 days. SMR

WON's motion, filed on November 21, 1994, requests that the deadlines

be extended by 60 days. To date, no opposition to either request has

been filed.

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\1\Further Notice of Proposed Rule Making, Amendment of Part 90

of the Commission's Rules to Facilitate Future Development of SMR

Systems in the 800 MHz Frequency Band and Implementation of Section

309(j) of the Communications Act--Competitive Bidding, 800 MHz SMR,

PR Docket No. 93-144 and PP Docket No. 93-253, FCC 94-271, adopted

October 20, 1994, released November 4, 1994, 59 FR 60111, published

November 22, 1994 (Further Notice).

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2. AMTA seeks a 30-day extension so that it may work with its

members, who represent a broad cross-section of small and large

Specialized Mobile Radio (SMR) providers, to achieve consensus

regarding the numerous and complex issues raised by the Further Notice.

AMTA observes that the proposals presented in the Further Notice would

have ``significant, yet different, implications for those intending to

provide wide-area services versus those who plan to maintain their

systems in a more traditional configuration.'' As a result, AMTA

contends that it is imperative that the SMR industry be given

sufficient time not only to evaluate the proposals fully but also to

seek a consensus on as many issues as possible.

3. SMR WON, a new organization representing SMR operators in

smaller markets and rural areas, states that a 60-day extension is

needed so that its consultants may prepare economic and engineering

studies that it intends to rely on in filing comments. SMR WON also

contends that additional time is necessary to achieve industry

consensus given the current disagreements among members of the industry

about issues raised in this proceeding.

4. We agree with both AMTA and SMR WON that the public interest

would be served by granting an extension so that members of the SMR

industry have the opportunity to reach consensus about the proposals

presented in this proceeding. Both parties indicate that discussions

among industry members are under way, but that the current comment

deadlines do not allow sufficient time for consensus positions to

develop. We therefore agree with AMTA that a 30-day extension of the

comment period is appropriate. We emphasize that in granting this

extension, we expect SMR industry representatives to use the additional

time productively to seek a consensus on as many issues as possible and

to ensure that the Commission receives thorough and well-reasoned

comments on all issues in this proceeding.

5. We also decline to grant SMR WON's request for a 60-day

extension. SMR WON asserts that a 60-day extension is necessary to

enable its economic and engineering consultants to complete studies

that SMR WON has commissioned for this proceeding. SMR WON's motion

indicates, however, that these consultants were not retained until

after November 4, 1994. We note that hiring of consultants is a matter

within SMR WON's control and could have occurred at an earlier date. We

also reject SMR WON's contention that the Commission did not provide

sufficient detail regarding its proposals prior to November 4, when the

Further Notice text was released, to enable SMR WON to commence its

analysis earlier. In fact, the Commission outlined the major details of

its 800 MHz SMR proposal well before November in the Third Report and

Order in GN Docket No. 93-252.2

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\2\See Third Report and Order, Implementation of Sections 3(n)

and 332 of the Communications Act, Regulatory Treatment of Mobile

Services, GN Docket No. 93-252, FCC 94-212, adopted August 9, 1994,

released September 23, 1994, 59 FR 59945, published November 21,

1994, at paras. 95-106.

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6. Accordingly, It Is Hereby Ordered that the Motion of Extension

of Time filed by the American Mobile Telecommunications Association is

Granted, and the Motion for Extension of Time filed by SMR WON is

hereby Denied.

7. It is further ordered, pursuant to Sec. 1.46 of the Commission's

Rules, 47 CFR 1.46, that the deadline for filing initial comments in

this proceeding is extended from December 5, 1994 to January 5, 1995,

and that the deadline for filing reply comments is extended from

December 20, 1994 to January 20, 1995.

Federal Communications Commission.

Rosalind K. Allen,

Acting Chief, Land Mobile and Microwave Division, Private Radio Bureau.

[FR Doc. 94-30448 Filed 12-9-94; 8:45 am]

BILLING CODE 6712-01-M