Regulatory Treatment of Mobile Services

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[GN Docket No. 93-252, FCC 95-156]

Regulatory Treatment of Mobile Services

agency: Federal Communications Commission.

action: Further notice of proposed rulemaking.

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summary: The Commission adopted a Third Further Notice of Proposed

Rulemaking proposing to amend its 45 [[Page 26862]] MHz spectrum cap

for cellular telephone service, Specialized Mobile Radio (SMR) service,

and broadband Personal Communications Service (PCS). While the spectrum

cap currently applies only to licensees in these services who are

classified as Commercial Mobile Radio Service (CMRS) providers, the

Commission proposes to extend the cap to all cellular, SMR, and

broadband PCS providers regardless of their regulatory classification.

The Third Further Notice of Proposed Rulemaking also seeks comment on

applying the spectrum cap to those ``grandfathered'' SMR licensees who

continue to be regulated as Private Mobile Radio Service (PMRS)

providers until August 10, 1996. The intended effect of the proposed

rule for cellular, SMR and PCS providers is to ensure regulatory

symmetry in the regulation of competing commercial mobile radio

services.

dates: Comments are to be filed on or before June 5, 1995. Reply

Comments are to be filed on or before June 26, 1995.

addresses: Comments should be sent to the Office of the Secretary,

Federal Communications Commission, Washington, DC 20554.

for further information contact: Lisa Warner, (202) 418-0620, Wireless

Telecommunications Bureau.

supplementary information: This is a synopsis of the Third Further

Notice of Proposed Rulemaking, adopted April 10, 1995, and released May

5, 1995. The complete text of this Further Notice of Proposed

Rulemaking is available for inspection and copying during normal

business hours in the FCC Dockets Branch, Room 239, 1919 M Street NW.,

Washington, DC, and also may be purchased from the Commission's copy

contractor, International Transcription Service, at (202) 857-3800,

2100 M Street NW., Suite 140, Washington, DC 20037.

Synopsis of the Third Further Notice of Proposed Rulemaking

Adopted: April 10, 1995.

Released: May 5, 1995.

1. The Commission initially proposed the spectrum cap in the

Further Notice of Proposed Rulemaking, GN Docket No. 93-252, 59 Fed.

Reg. 28,042 (May 31, 1994), in this proceeding. The Commission framed

the spectrum cap issue in terms of CMRS spectrum, and did not address

the aggregation of PMRS spectrum. On August 9, 1994, in the Third

Report and Order in this proceeding, GN Docket No. 93-252, 59 Fed. Reg.

59945 (Nov. 21, 1994), the Commission applied the spectrum cap only to

cellular, SMR, and broadband PCS services. The cap only applied to

cellular, SMR, and broadband PCS licensees whose activities are

regulated as CMRS.

2. The Commission notes in the Third Further Notice of Proposed

Rulemaking that there is potential for a licensee to reduce the number

of competitors by aggregating spectrum regardless of whether the

licensee is providing CMRS or PMRS. Moreover, the services provided by

PMRS providers may well be viewed as competitive alternatives to CMRS

by customers; thus, excluding them from the cap could provide PMRS

providers with an unfair competitive advantage over CMRS providers. In

addition, even if most cellular, SMR, and broadband PCS providers

provide CMRS services, as is likely to be the case, determining the

precise amount of CMRS spectrum that should be attributed for spectrum

cap purposes is likely to be difficult, particularly in the case of

PCS, SMR, and possibly cellular licensees who provide both CMRS and

PMRS offerings under a single authorization.

3. For all of these reasons, the Commission proposes that the 45

MHz spectrum cap be revised to apply to cellular, SMR, and broadband

PCS licensees regardless of regulatory classification. The Commission

believes that such a revision will greatly simplify the application of

the cap and will provide greater certainty regarding its effect to

cellular, SMR, and broadband PCS applicants and licensees.

Initial Regulatory Flexibility Analysis

4. As required by Section 603 of the Regulatory Flexibility Act,

the Commission has prepared an Initial Regulatory Flexibility Analysis

(IRFA) of the expected impact on small entities of the policies and

rules proposed in this Further Notice of Proposed Rulemaking. Written

public comments are requested on the IRFA.

5. Reason for Action: This rule making proceeding was initiated to

secure comment on proposals for revising the 45 MHz spectrum cap for

cellular telephone service, SMR, and PCS. The spectrum cap currently

applies to CMRS providers. The Commission proposes to extend the cap to

all cellular, SMR, and broadband PCS providers regardless of their

regulatory classification. The proposals advanced in the Third Further

Notice of Proposed Rulemaking are designed to implement Congress's goal

of regulatory symmetry in the regulation of competing commercial mobile

radio services as described in Section 3(n) and 332 of the

Communications Act, 47 U.S.C. Secs. 153(n), 332, as amended.

6. Objective: The Commission proposed to adopt a rule for cellular,

SMR and PCS providers that is intended to ensure regulatory symmetry in

the regulation of competing commercial mobile radio services.

7. Legal Basis: The proposed action is authorized under Sections

3(n), 4(i), 332(a), 332(c) and 332(d) of the Communications Act of

1934, 47 U.S.C. Secs. 153(n), 154(i), 332(a), 332(c) and 332(d), as

amended.

8. Reporting, Recordkeeping, and Other Compliance Requirements:

Under the proposal contained in the Third Further Notice of Proposed

Rulemaking there are no additional reporting or recordkeeping

requirements.

9. Federal Rules Which Overlap, Duplicate or Conflict With These

Rules: None.

10. Description, Potential Impact, and Number of Small Entities

Involved: The Third Further Notice of Proposed Rulemaking does not

potentially affect small entities. After evaluating comments filed in

response to the Third Further Notice of Proposed Rulemaking, the

Commission will examine further the impact of all rule changes on small

entities and set forth its findings in the Final Regulatory Flexibility

Analysis.

11. IFRA Comments: The Commission requests written public comment

on the foregoing Initial Regulatory Flexibility Analysis. Comments must

have a separate and distinct heading designating them as responses to

IRFA and must be filed by the deadlines provided above.

Ex Parte Rules--Non-Restricted Proceeding

12. This is a non-restricted notice and comment rule-making

proceeding. Ex Parte presentations are permitted, except during the

Sunshine Agenda period, provided they are disclosed as provided in

Commission rules. See generally 47 C.F.R. Sections 1.1202, 1.1203, and

1.1206(a).

List of Subjects in 47 CFR Part 20

Commercial mobile radio services.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95-12299 Filed 5-18-95; 8:45 am]

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