[Federal Register: May 12, 1998 (Volume 63, Number 91)] [Notices] [Page 26188-26189] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr12my98-90] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION [DA 98-808] Waiver of Business and Industrial/Land Transportation Channel Construction Requirements 1. On February 20, 1998, Southern Company (Southern) filed a Request for Waiver of Section 90.629 of the Commission's Rules to further extend the extended implementation period for its Business and Industrial Land Transportation (I/LT) Category channels that Southern has converted to commercial use. Southern, an electric utility holding company, operates an 800 MHz Specialized Mobile Radio (SMR) system on Business and I/LT channels, and on a small number of SMR and General Category channels.1 The channels were licensed between 1992 and 1994, and Southern received a five-year extended implementation period. In 1995, Southern, apparently by means of intercategory sharing, converted the Business and I/LT channels to commercial use. It has constructed and placed in operation all of the base stations, and sixty-five percent of the channels, for which it is licensed. Southern seeks to extend the implementation period for its Business and I/LT channels, which expires on May 20, 1999, for an additional five years or until the Commission auctions those channels, whichever is sooner. --------------------------------------------------------------------------- \1\ Pursuant to the recently completed auction of licenses for the upper 200 channels of the SMR Service in the 800 MHz band, on March 9, 1998, Southern was conditionally granted licenses for frequency block A in BEAs 74, 75, and 78-82. See FCC Announces the Corrected Conditional Grant of 800 MHz SMR Licenses, Public Notice No. DA 98-482 (released March 10, 1998). --------------------------------------------------------------------------- 2. In its Request for Waiver, Southern asserts that a further extension of the implementation period is necessary because the current implementation period is unduly burdensome, frustrates the purpose of our rules, and is contrary [[Page 26189]] to the public interest. Southern's system, which has a service area of over 120,000 square miles in the southeastern United States, provides internal communications for Southern's operating companies and provides service to a large external customer base, including public utilities, federal, state, and local governments, and emergency management agencies, such as sheriffs' departments and ambulance services. The system provides voice dispatch service, full-duplex telephone interconnection, short message service (similar to alphanumeric paging), and data transmission capabilities. Southern states that the continued operation of its system is necessary to maintain competition in the urban dispatch service market, and to maintain dispatch and telephone interconnection service in rural areas. It also states that it is at a severe disadvantage with respect to other Commercial Mobile Radio Service (CMRS) providers because the subsequently-adopted CMRS construction requirement based on channel usage and population coverage is more flexible than the requirement for Business and I/LT channels. 3. We also note that on April 22, 1998, the Land Mobile Communications Council filed a Petition for Rule Making regarding the allocation of spectrum for the Private Mobile Radio Services. We anticipate that the Commission will resolve the matters raised therein in another proceeding, but we invite comments on how the LMCC Petition and the Southern waiver request relate to issues the Commission is likely to consider with regard to implementation of the Balanced Budget Act of 1997 (the Act). The Act, which mandates that most mutually exclusive license applications be resolved by competitive bidding, gives rise to such issues as whether geographic area licensing for Business and I/LT channels serves the public interest, how to define bidder eligibility for auctions held to award mutually exclusive licenses for these channels, how to define the class of land mobile licensee that is exempt from licensing by auction, and whether the existence of the Southern Request for Waiver and a number of other applications requesting large numbers of channels in the I/LT and Business Categories should be considered when developing rules for future licensing of these channels.2 --------------------------------------------------------------------------- \2\ The Wireless Telecommunications Bureau has pending before it a number of applications filed by single users for large numbers of 800 MHz I/LT and Business channels. The applicants' individual communications requirements do not appear sufficient to require such large numbers of channels. The Bureau continues to maintain these applications in pending status until the Act is fully implemented. --------------------------------------------------------------------------- 4. Interested parties may file comments on Southern's Request for Waiver on or before May 28, 1998. Parties interested in submitting reply comments must do so on or before June 12, 1998. All comments should reference Southern's Request for Waiver with the designated DA number, and should be filed with the Office of the Secretary, Federal Communications Commission, 1919 M St., N.W., Room 222, Washington, D.C. 20554. A copy of each filing should be sent to International Transcription Services, Inc. (ITS), 1231 20th St., N.W., Washington, D.C. 20036, (202) 857-3800, and to Scot Stone, Federal Communications Commission, Wireless Telecommunications Bureau, Public Safety and Private Wireless Division, 2025 M St., N.W., Room 8010G, (202) 418-0680 or via e-mail to sstone@fcc.gov. 5. The full text of the Request for Waiver, comments, and reply comments are available for public inspection and duplication during regular business hours in the Public Safety and Private Wireless Division of the Wireless Telecommunications Bureau, Federal Communications Commission, 2025 M St., N.W., Room 8010, Washington, D.C. 20554. Copies also may be obtained from ITS, 1231 20th St., N.W., Washington, D.C. 20036, (202) 857-3800. 6. For further information, contact Scot Stone of the Public Safety and Private Wireless Division of the Wireless Telecommunications Bureau at (202) 418-0680 or via e-mail to sstone@fcc.gov. Federal Communications Commission. Rosalind Allen, Deputy Chief, Wireless Telecommunications Bureau. [FR Doc. 98-12606 Filed 5-11-98; 8:45 am] BILLING CODE 6712-01-P