Request for Comments in 900 MHz SMR Proceeding

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PR Docket No. 89-553, PP Docket No. 93-253, GN Docket No. 93-252]

Request for Comments in 900 MHz SMR Proceeding

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: On April 17, 1995, the Commission released a Second Report and

Order and Second Further Notice of Proposed Rule Making in PR Docket

No. 89-553, PP Docket No. 93-253, and GN Docket No. 93-252, FCC 95-159,

60 FR 21987 and 60 FR 22023, published May 4, 1995, adopting service

rules and requesting comment on competitive bidding procedures for

Specialized Mobile Radio (SMR) systems in the 900 MHz Band. This Public

Notice is a request for comments in the 900 MHz SMR Proceeding on the

appropriate measures to address the issues raised by the Supreme

Court's recent decision in Adarand Constructors, Inc. v. Pena, as it

may relate to the proposed treatment of designated entities in the 900

MHz SMR auction.

DATES: Comments may be filed on or before July 14, 1995.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W.,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Amy J. Zoslov, Commercial Wireless

Division, Wireless Telecommunications Bureau, at (202) 418-0620.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's

Public Notice in PR Docket No. 89-553, PP Docket No. 93-253, and GN

Docket No. 93-252, released June 20, 1995, requesting comment in the

900 MHz SMR Proceeding. The full text of this Public Notice is

available for inspection and copying during normal business hours in

the FCC Reference Center (Room 239), 1919 M Street, N.W., Washington,

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

International Transcription Services, (202) 857-3800, 2100 M Street,

N.W., Suite 140, Washington, DC 20037.

By this action, we request comment on the appropriate measures to

address the issues raised by the Supreme Court's recent decision in

Adarand Constructors, Inc. v. Pena\1\ (``Adarand'') as it may relate to

the proposed treatment of designated entities in the 900 MHz SMR

auction.\2\ The term ``designated entities'' refers to small business,

rural telephone companies, and businesses owned by minorities or

women.\3\ Because the Adarand decision was announced at the conclusion

of the reply comment period for the 900 MHz SMR Auction Notice,\4\

interested parties did not have a sufficient opportunity to address

this issue for the record.

\1\ 63 U.S.L.W. 4523 (U.S. June 12, 1995).

\2\ See Amendment of Parts 2 and 90 of the Commission's Rules to

Provide for the Use of 200 Channels Outside the Designated Filing

Areas in the 896-901 MHz and the 935-940 MHz Bands Allotted to the

Specialized Mobile Radio Pool, Second Report and Order and Second

Further Notice of Proposed Rule Making, PR Docket No. 89-553, 60 FR

21987 (May 4, 1995).

\3\ Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-

66, Title VI, Sec. 6002(a), 107 Stat. 312, 388 (1993).

\4\ See Amendment of Parts 2 and 90 of the Commission's Rules to

Provide for the Use of 200 Channels Outside the Designated Filing

Areas in the 896-901 MHz and the 935-940 MHz Bands Allotted to the

Specialized Mobile Radio Pool, Order, PR Docket No. 89-553, DA 95-

1174, released May 26, 1995 (extending the reply comment deadline to

June 12, 1995).

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Adarand imposes a strict scrutiny standard for evaluating federally

imposed race-conscious provisions. That standard requires us to show a

``compelling government interest'' for taking race into account.\5\

Under Adarand, the agency must show that it considered ``race-neutral

alternatives'' and that the program is ``narrowly tailored'' to meet

the compelling governmental interest established by the record and

findings.\6\ Therefore, we invite comment specifically on the impact of

the Adarand decision on the proposals we have set forth with respect to

the treatment of designated entities in the auction rules for the 900

MHz SMR service.\7\

\5\ Adarand, 63 U.S.L.W. at 4530.

\6\ Id.

\7\ See 900 MHz SMR Auction Notice at Paras. 122-147.

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Interested parties may file comments on or before July 14, 1995. In

the interest of expediting the rule making proceeding in this docket

and initiating an auction for the 900 MHz SMR service, we are not

inviting reply comments. An original and four copies of all comments

should be sent to the Office of the Secretary, Federal Communications

Commission, 1919 M Street, N.W., Washington, D.C. 20554. If you would

like each Commissioner to receive a personal copy of your comments, you

must file an original plus nine copies with the Office of the

Secretary. Comments will be available for public inspection during

regular business hours in the FCC Reference Center (Room 239) of the

Federal Communications Commission, 1919 M Street, N.W., Washington,

D.C. 20554. This is a non-restricted proceeding. Ex parte presentations

are permitted except during the Sunshine Agenda period, provided they

are disclosed as provided in Commission rules.\8\

\8\ See generally 47 CFR Secs. 1.1202, 1.1203, and 1.1206(a).

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Action by the Chief, Wireless Telecommunications Bureau, June 30,

1995. For additional information concerning this proceeding, contact

Amy Zoslov (Legal Branch, Commercial Wireless Division) at (202) 418-

0620.

Federal Communications Commission.

Regina M. Keeney,

Chief, Wireless Telecommunications Bureau.

[FR Doc. 95-17070 Filed 7-10-95; 8:45 am]

BILLING CODE 6712-01-M