Extension of the Time for Consummation and Notification of Wireless Transfers and Assignments

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[FCC 99-321]

Extension of the Time for Consummation and Notification of

Wireless Transfers and Assignments

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: This document amends the Commission's rules to extend the time

by which parties must notify the Commission of consummation of an

approved wireless license transfer or assignment from 60 to 180 days.

The intended effect of this change is to facilitate the rapid

deployment of wireless services to the public and enhance the ability

of wireless industries to compete effectively in the marketplace.

DATES: Effective November 16, 1999.

FOR FURTHER INFORMATION CONTACT: Jeffrey Steinberg or David Judelsohn,

Commercial Wireless Division, Wireless Telecommunications Bureau, (202)

418-0620.

SUPPLEMENTARY INFORMATION: This Order, adopted October 28, 1999, and

released November 2, 1999, amends Sec. 1.948(d) of the Commission's

rules. An OMB 83-C ``Change/Correction Worksheet'' has been submitted

to the Office of Management and Budget. The Order is available for

inspection and copying during normal business hours in the FCC

Reference Center, 445 12th Street, S.W., Washington D.C. The complete

text may be purchased from the Commission's copy contractor,

International Transcription Service, Inc., 1231 20th Street, N.W.,

Washington D.C. 20036 (202) 857-3800.

Synopsis of the Order

By this Order, we amend Sec. 1.948(d) of the Commission's rules to

extend the time by which parties must notify the Commission of

consummation of an approved wireless license transfer or assignment

from 60 to 180 days. The amendment is being made pursuant to the

Commission's initiative to streamline its regulations in an effort to

facilitate the rapid deployment of wireless services to the public and

enhance the ability of wireless industries to compete effectively in

the marketplace. Because this rule change involves a rule of agency

procedure, general notice and an opportunity to comment are not

required. 5 U.S.C. 553(b)(3)(A).

Currently, Sec. 1.948(d) of the Commission's rules requires all

wireless radio service licensees to consummate a transfer or assignment

that requires prior Commission approval and notify the Commission of

such consummation within 60 days of public notice of approval, unless a

request for an extension of time to consummate is filed prior to the

expiration of this 60-day period. 47 CFR 1.948(d). See Biennial

Regulatory Review--Amendment of Part 0, 1, 13, 22, 24, 26, 27, 80, 87,

90, 95, 97, and 101 of the Commission's Rules to Facilitate the

Development and Use of the Universal Licensing System in the Wireless

Telecommunications Bureau, WT Docket No. 98-20, 13 FCC Rcd 21027

(1998). 63 FR 68904 (December 14, 1998). It has been our experience,

however, that many wireless licensees request Commission approval of

these transactions well in advance and routinely require more than 60

days to consummate a transaction after Commission approval. As a

result, parties are required to request extensions of the 60-day

period, thereby forcing the Commission to allocate limited resources to

process these requests.

We believe that this problem can be resolved by expanding the 60-

day period for consummation and notification to 180 days. Under the

rule that we adopt today, parties to an approved wireless license

transfer or assignment will be required to consummate the transaction

and notify the Commission of consummation

[[Page 62120]]

within 180 days of public notice of Commission approval. In addition,

this notification must occur no later than 30 days after consummation.

If parties fail to consummate and notify the Commission within 180

days, or fail to request an extension within the 180 day period,

approval of the transfer or assignment will automatically be rescinded.

We conclude that the rule we adopt today will relieve substantial

administrative burdens on licensees and the Commission staff by

eliminating the need for parties to request extensions of time in all

but the rarest circumstances. Because most extension requests are

routinely granted, this general extension of the time to consummate

transactions will not harm the public interest. Based on our

experience, we believe 180 days will be enough time to permit most

parties to complete their transactions, and that this time frame is

short enough to reasonably ensure that the facts on which the

Commission's approval is based will not have changed significantly

before the transaction is consummated. At the same time, the

requirement that notification occur no later than 30 days after

consummation will ensure that ownership information in the Commission's

databases remains up to date. We note that this 30-day period is the

same amount of time given where transfers and assignments do not

require prior Commission approval. We also note that this rule change

does not modify our authority to impose additional consummation and

notification requirements on specific transactions. For example, it has

been our practice to require licensees participating in the

Commission's installment payment plan to be current in their payments.

Thus, prior to consummation, the transferor or assignor continues to be

obligated to meet all payment deadlines. Furthermore, prospective

transferees or assignees of licenses subject to installment payments

may be required to provide signed loan documents to the Commission

prior to consummation of the transaction.

Accordingly, It is ordered that, pursuant to section 4(i) of the

Communications Act, as amended, 47 U.S.C. 154(i), and section

553(b)(3)(A) of the Administrative Procedure Act, 5 U.S.C.

553(b)(3)(A), Sec. 1.948(d) of the Commission's rules, 47 CFR 1.948(d),

is amended as described.

This Order is effective upon publication in the Federal Register.

As a result, the new rule will apply to all transfers and assignments

that are pending or have been approved, but not consummated, at the

time of, and after, Federal Register publication.

List of Subjects in 47 CFR Part 1

Administrative practice and procedure.

Magalie Roman Salas,

Secretary.

For the reasons set forth in the preamble, amend part 1 of title 47

of the Code of Federal Regulations as follows:

PART 1--PRACTICE AND PROCEDURE

1. The authority citation for part 1.948 continues to read:

Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309.

Sec. 1.948 [Amended]

2. Revise Sec. 1.948(d) to read as follows:

* * * * *

(d) Notification of consummation. In all Wireless Radio Services,

licensees are required to notify the Commission of consummation of an

approved transfer or assignment using FCC Form 603. The assignee or

transferee is responsible for providing this notification, including

the date the transaction was consummated. For transfers and assignments

that require prior Commission approval, the transaction must be

consummated and notification provided to the Commission within 180 days

of public notice of approval, and notification of consummation must

occur no later than 30 days after actual consummation, unless a request

for an extension of time to consummate is filed on FCC Form 603 prior

to the expiration of this 180-day period. For transfers and assignments

that do not require prior Commission approval, notification of

consummation must be provided on FCC Form 603 no later than 30 days

after consummation, along with any necessary updates of ownership

information on FCC Form 602.

* * * * *

[FR Doc. 99-29783 Filed 11-15-99; 8:45 am]

BILLING CODE 6712-01-P