Petition for Declaratory Ruling

[[Page 24632]]

FEDERAL COMMUNICATIONS COMMISSION

[DA 95-967]

Petition for Declaratory Ruling

AGENCY: Federal Communications Commission.

ACTION: Public Notice.

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

SUMMARY: The Commission requests comment on a Petition for Declaratory

Ruling filed by In-Flight Phone Corp (In-Flight). The petition asks

that the Commission consider In-Flight's pioneer's preference request,

which originally was filed in ET Docket No. 92-100, in ET Docket No.

94-32.

DATES: Comments are due May 19, 1995. Reply comments are due May 31,

1995.

FOR FURTHER INFORMATION CONTACT:

Thomas P. Derenge, (202) 776-1621, Office of Engineering and

Technology, Federal Communications Commission, Washington, DC 20554.

SUPPLEMENTARY INFORMATION:

Comment Sought on In-Flight Phone Corp. Petition for Declaratory Ruling

April 28, 1995.

On March 16, 1995, In-Flight Phone Corp. (In-Flight) filed a

Petition for Declaratory Ruling requesting that its pioneer's

preference (PP) Request filed in the Narrowband Personal Communications

Services proceeding, ET Docket No. 92-100, now be considered in ET

Docket No. 94-32, Allocation of Spectrum Below 5 GHz Transferred from

Federal Government Use. Specifically, In-Flight requests that the

Commission rule that: (1) Its PP Request was filed by the deadline

applicable to permit consideration in ET Docket No. 94-32, in which the

Second Notice of Proposed Rulemaking (Second NPRM) proposes that the

4660-4685 MHz band be allocated to a General Wireless Communications

Service (GWCS); and (2) that the request will be considered in that

docket.

In-Flight filed its PP Request in ET Docket No. 94-100 on October

30, 1992, seeking a preference in the 901-902 MHz and 940-941 MHz bands

for a live ground-to-air audio news, information, and entertainment

service for airline passengers. However, because the rules adopted in

ET Docket No. 94-100 were not related to In-Flight's proposal, its PP

Request has not been acted upon by the Commission.

On May 4, 1994, the Commission released a Notice of Inquiry (NOI)

in ET Docket No. 94-32, seeking information on potential applications

of 50 megahertz of transferred Federal Government spectrum. On November

8, 1994, a Notice of Proposed Rulemaking (NPRM) was released proposing

the allocation of the spectrum, and a First Report and Order and Second

Notice of Proposed Rulemaking was released on February 17, 1995. The

Second NPRM proposed that the 4660-4685 MHz band be allocated for a

GWCS.

In-Flight argues that is PP Request should be considered in ET

Docket No. 94-32 because the proposed service rules would allow it to

apply for a license to provide its service in the 4660-4685 MHz band.

In-Flight claims that the service for which the preference is sought is

identical in all relevant respects to the service it would provide as a

GWCS licensee. Finally, In-Flight requests that the Commission issued

the requested ruling well in advance of the August 10, 1995 statutory

deadline for issuing final rules in ET Docket No. 94-32, so that the

Commission will have sufficient time to decide whether to award a

pioneer's preference to In-Flight.

We herein request comment on In-Flight's Petition for Declaratory

Ruling. Comments are due May 19, 1995, and reply comments are due May

31, 1995. We note that In-Flight's PP Request has been formally

opposed. Accordingly, the PP Request constitutes a restricted

Commission proceeding in which ex parte presentations are prohibited:

see 47 CFR 1.1208(c).

The Petition for Declaratory Ruling and related materials are

available for inspection in the Office of Engineering and Technology,

Suite 480, 2000 M Street N.W., Washington, DC during regular business

hours M-F 8:00 AM to 5:00 PM. This material may also be purchased from

the Commission's duplication contractor, International Transcription

Service, Inc., 2100 M Street, NW, Suite 140, Washington, DC 20036,

(202) 857-3800. For further information, contact Thomas Derenge in the

Office of Engineering and Technology, (202) 739-0703.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95-11285 Filed 5-8-95; 8:45 am]

BILLING CODE 6712-01-M