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 95-67]

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, concerning establishment of a

flexible regulatory scheme and competitive bidding procedures for

Specialized Mobile Radio (SMR) systems in the 800 MHz band.

Based on the number of initial comments received and the variety of

views expressed in this proceeding, this Order extends the deadline for

reply comments from January 20 to March 1, 1995. The intended effect of

this action is to provide members of the SMR industry with an

opportunity to further evaluate, discuss, and attempt to reach

consensus regarding the proposals presented and issues addressed both

in the Further Notice of Proposed Rule Making and the initial comments

submitted in this proceeding.

DATES: Reply comments must be filed on or before March 1, 1995.

ADDRESSES: Federal Commission, 1919 M Street, NW., Washington, DC

20554.

FOR FURTHER INFORMATION CONTACT:

D'wana R. Speight, Legal Branch, Commercial Radio Division, Wireless

Telecommunications Bureau, (202) 418-0620.

SUPPLEMENTARY INFORMATION:

Order Extending Reply Comment Period

Adopted: January 18, 1995

Released: January 18, 1995

By the Acting Chief, Commercial Radio Division:

1. We have received requests from the American Mobile

Telecommunications Association, Inc. (``AMTA''), Personal

Communications Industry Association (``PCIA''), and SMR WON for an

extension of time for filing Reply Comments in response to the Further

Notice of Proposed Rule Making on this [[Page 8342]] proceeding.\1\

AMTA's and SMR WON's motions, both filed on January 11, 1995, request

that the Commission extend the deadline for filing reply comments

(currently January 20, 1995) by 60 days. PCIA's motion, also filed on

January 11, 1995, requests that the deadline be extended by 30 days. To

date, no opposition to these requests has been filed.

\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 an extension in order to ``facilitate continued

industry efforts to resolve certain of the matters on which no

consensus has yet been achieved.'' In its motion, SMR WON notes that

additional time is necessary to ``work out a consensus acceptable to

all major interested parties, even though SMR WON and other trade

associations held weekly meetings and conference calls throughout

November and December.'' In addition, PCIA observes that ``the number

of Comments, the controversial issues discussed, and the complexity of

the proceeding dictate that careful consideration be given to the

Comments filed by all parties.'' As a result, AMTA, SMR WON and PCIA

agree that an extension of time would allow interested and affected

parties to submit well-reasoned options and comments on the complex

issues addressed in this proceeding.

3. Based on the number of comments received and the variety of

views expressed in this proceeding, it appears that an extension of the

reply comment period is warranted. 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 can further evaluate, discuss, and

attempt to reach consensus regarding the proposals presented and issues

addressed both in the Further Notice and the initial comments submitted

in this proceeding. Both parties indicate that discussions among

industry members have been ongoing and that the members are continuing

their efforts towards developing consensus positions. We believe that

additional time is needed to allow this process to continue. We also

agree with PCIA that additional time is needed to enable industry

members to review the extensive comment record filed in this proceeding

(over 80 comments have been filed) and to submit thorough and well-

reasoned reply comments. We nevertheless remain concerned about

avoiding a substantial delay in the resolution of issues presented in

this proceeding. Thus, we believe that a 40-day extension of the reply

comment period is appropriate. We emphasize that in granting this

extension, we expect SMR industry representatives to use the additional

time productively by continuing their efforts to find solutions to the

issues presented in this proceeding that will be broadly supported by

industry members.

4. Accordingly, it is hereby ordered that the Motions of Extension

of Time filed by the American Mobile Telecommunications Association,

the Personal Communications Industry Association, and SMR WON are

hereby GRANTED to the extent stated herein.

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

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

proceeding is extended from January 20, 1995 to March 1, 1995.

Federal Communications Commission.

Rosalind K. Allen,

Acting Chief, Commercial Radio Division, Wireless Telecommunications

Bureau.

[FR Doc. 95-3575 Filed 2-13-95; 8:45 am]

BILLING CODE 6712-01-M