Applications for VHF Public Coast Spectrum

FEDERAL COMMUNICATIONS COMMISSION

[PR Docket No. 92-257; DA 98-522]

Applications for VHF Public Coast Spectrum

1. By this Order, we impose a suspension of acceptance and

processing of applications for very high frequency (VHF) public coast

spectrum (156-162 MHz), effective March 17, 1998. As an initial matter,

we note that the Commission imposed a suspension regarding VHF public

coast spectrum applications in the Second Further Notice of Proposed

Rulemaking (Second Further Notice) in PR Docket No. 92-257, 62 FR 37533

(July 14, 1997). The Commission-imposed suspension took effect on June

17, 1997, and was to be effective until March 17, 1998. For the reasons

stated herein, we take action to continue suspension of acceptance and

processing of VHF public coast applications during the pendency of the

PR Docket No. 92-257 proceeding.

2. In the Second Further Notice, the Commission proposed service

rules for the Maritime Services, including the introduction of

geographic area licensing for VHF public correspondence channels. In

order to permit the effective resolution of the issues raised in the

Second Further Notice, the Commission suspended the acceptance of (1)

public coast station applications to use VHF spectrum and private land

mobile radio applications proposing to share that spectrum for new

licenses, (2) amendments to such new license applications, and (3)

applications to modify existing licenses, and amendments thereto,

except for applications involving renewals, transfers, assignments, and

modifications proposing neither to expand a station's service area nor

obtain additional public coast VHF spectrum. The Commission also

suspended the processing of pending applications for VHF public coast

spectrum that either were mutually exclusive with other applications or

as to which the period for filing competing applications had not

expired. The Commission further expressly reserved the right to extend

the suspension if it did not adopt final rules by the end of the

suspension period.

3. To date, the Commission has not adopted final rules in PR Docket

No. 92-257. As a result, the same reasons which prompted the Commission

to impose the initial suspension remain today. We believe that a

continued suspension of acceptance and processing of public coast VHF

spectrum applications is warranted in order to facilitate the orderly

and effective resolution of the matters pending in this proceeding. We

are concerned that, absent such action, the goals underlying initiation

of the PR Docket No. 92-257 proceeding might be compromised by the

influx of applications for new licenses, as well as modifications to

existing licenses, that are inconsistent with the decisions ultimately

made by the Commission. Thus, we believe that there is good cause to

continue suspension of the acceptance and processing of public coast

VHF spectrum applications. This suspension shall remain in effect until

sixty days after the final rules enacted in the Third Report and Order

in Docket No. 92-257 are published in the Federal Register.

4. This decision is procedural in nature and therefore not subject

to notice and comment and effective date requirements of the

Administrative Procedure Act. Moreover, there is good cause for

proceeding in this manner, for to do otherwise would be impractical,

unnecessary, and contrary to the public interest because compliance

would undercut the purposes of this action.

5. Accordingly, It is ordered, pursuant to sections 4(i), 4(j), and

303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),

154(j), and 303(r), that there be a continued suspension of the

acceptance and processing of applications to use VHF public coast

spectrum, effective March 17, 1998. The suspension will continue until

sixty days after the final rules enacted in the Third Report and Order

in Docket No. 92-257 are published in the Federal Register. This action

is taken under delegated authority pursuant to Sec. 0.331 of the

Commission's Rules, 47 CFR 0.331.

6. For further information concerning this Order, contact Scot

Stone, Policy and Rules Branch, Public Safety and Private Wireless

Division, Wireless Telecommunications Bureau, at (202) 418-0680.

Federal Communications Commission.

Daniel B. Phythyon,

Chief, Wireless Telecommunications Bureau.

[FR Doc. 98-8498 Filed 4-1-98; 8:45 am]

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