Automatic Vehicle Monitoring Systems

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PR Docket No. 93-61; DA 94-178]

Automatic Vehicle Monitoring Systems

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; order extending comment and reply comment

periods.

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

SUMMARY: The Private Radio Bureau issued a Public Notice soliciting

additional comment and reply comment on written ex parte presentations

received by the Federal Communications Commission from PacTel Teletrac,

Southwestern Bell Mobile Systems, Inc. and Mobilevision in late January

and early February 1994. Comments were due on or before February 25,

1994 and reply comments were due on or before March 7, 1994. This Order

extends the period in which to comment on these ex parte presentations

through March 15, 1994, and extends the reply comment period through

March 22, 1994. This action provides commenters with additional time to

account for alleged difficulty in obtaining the ex parte filings from

the Commission and eliminates ``confusion'' over the scope of comments

permitted by stating that comments may be filed on the ``technical''

issues as well as any other issues raised by these filings.

DATES: Comments must be filed on or before March 15, 1994. Reply

comments must be filed on or before March 22, 1994.

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

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: John J. Borkowski, Rules Branch, Land

Mobile and Microwave Division, Private Radio Bureau (202) 632-7125.

SUPPLEMENTARY INFORMATION:

Order

Adopted: February 24, 1994.

Released: February 25, 1994.

In the Matter of Amendment of part 90 of the Commission's Rules to

Adopt Regulations for Automatic Vehicle Monitoring Systems, PR Docket

No. 93-61.

By the Chief, Private Radio Bureau:

1. In late January and early February 1994 the Commission received

written ex parte presentations from PacTel Teletrac (PacTel),

Southwestern Bell Mobile Systems, Inc. (SBMS) and Mobilevision

concerning the licensing of Automatic Vehicle Monitoring (AVM) systems,

currently under consideration in this docket.

2. On February 9, 1994, the Bureau issued a Public Notice

soliciting additional comments and reply comments on these filings.\1\

Comment was specifically solicited regarding whether Rand McNally Basic

Trading Areas (BTAs)\2\ should be used as Commission-defined service

areas for the licensing of AVM systems, or whether, alternatively,

Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs)

should be used as licensing boundaries.\3\ The Public Notice

established a due date of February 25, 1994 for comments and March 7,

1994 for reply comments.

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

\1\Public Notice, DA 94-129, released February 9, 1994, 59 Fed.

Reg. 7239 (February 15, 1994).

\2\See Rand-McNally Commercial Atlas and Marketing Guide 36-39

(123d ed. 1992).

\3\This additional period to file comments and reply comments on

these specific issues did not in any way abrogate the right of any

interested party to file ex parte comments on any aspect of this

proceeding.

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

3. On February 18, 1994, Metricom, Inc. (Metricom) requested

additional time to respond to the ex parte filings specified in the

Public Notice and requested that we clarify that interested parties may

comment on the ``technical issues'' raised by these ex parte filings.

Metricom bases this request on alleged difficulty in obtaining all of

the ex parte filings from the Commission and on ``confusion'' over the

scope of the comments requested.

4. Because of the apparent confusion on this question, we believe a

short extension of time is warranted. Parties responding to the Public

Notice may comment on the ``technical issues'' as well as any other

issues raised by these filings.

5. For good cause shown, and pursuant to sections 4(j) and 303(r)

of the Communications Act of 1934, as amended, 47 U.S.C. Secs. 154(j)

and 303(r), it is ordered that the period of time for filing comments

and reply comments on ex parte filings addressed in our Public Notice,

DA 94-129, released on February 9, 1994, is hereby extended. Comments

must be filed on or before March 15, 1994. Reply comments must be filed

on or before March 22, 1994.

6. To file formally in this proceeding, you must file an original

and four copies of all comments and reply comments. If you want each

Commissioner to receive a personal copy of your comments, you must file

an original and nine copies. Comments and reply comments must be sent

to the Office of the Secretary, Federal Communications Commission,

Washington, DC 20554.

7. Ex parte filings, as well as all comments and reply comments in

this proceeding, are available for public inspection as part of the

record in PR Docket No. 93-61 during normal business hours in the FCC

Reference Center, room 239, 1919 M Street, NW., Washington, DC. All or

part of the text of these filings may be purchased from the

Commission's copy contractor, International Transcription Service, 1919

M Street, NW., room 246, Washington, DC 20554, telephone (202) 857-

3800.

Federal Communications Commission.

Beverly G. Baker,

Deputy Chief, Private Radio Bureau.

[FR Doc. 94-4815 Filed 3-2-94; 8:45 am]

BILLING CODE 6712-01-M