[Federal Register: September 17, 1999 (Volume 64, Number 180)] [Rules and Regulations] [Page 50466-50467] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr17se99-17] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 90 [PR Docket No. 92-235; FCC 99-203] Private Land Mobile Radio Services AGENCY: Federal Communications Commission. ACTION: Final rule; stay. ----------------------------------------------------------------------- SUMMARY: By this document, the Commission grants petitions to stay rule changes providing that frequencies formerly assigned on a shared basis to the Power Radio Service, Petroleum Radio Service, or Railroad Radio Service must be coordinated by the frequency coordinator formerly solely responsible for the service in question (or be coordinated with that coordinator's prior written concurrence). The stay will remain in effect pending resolution of petitions for reconsideration of the rule changes, during which time any Industrial/Business Pool coordinator may coordinate these frequencies. DATES: Effective August 5, 1999. The Commission will publish a document announcing the termination of this stay. FOR FURTHER INFORMATION CONTACT: Scot Stone of the Wireless Telecommunications Bureau, Public Safety and Private Wireless Division, at (202) 418-0680. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Fourth Memorandum Opinion and Order in PR Docket No. 92-235, FCC 99-203, adopted August 4, 1999, and released August 5, 1999. The complete text may be purchased from the Commission's copy contractor, International Transcription Services, 1231 20th Street, NW, Washington, DC 20036, telephone (202) 857-3800, facsimile (202) 857-3805. Alternative formats (computer diskette, large print, audio cassette, and Braille) are available to persons with disabilities by contacting Martha Contee at (202) 418-0260, TTY (202) 418-2555, or at mcontee@fcc.gov. The full text of the Fourth Memorandum Opinion and Order is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th St., SW, Room CY-A257, Washington, DC 20554. The full text of the Fourth Memorandum Opinion and Order can also be downloaded at: http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc99203.txt or http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc99203.wp Summary of the Fourth Memorandum Opinion and Order 1. On July 7 and 9, 1999, respectively, MRFAC, Inc. (MRFAC) and Forest Industries Telecommunications (FIT) requested that the Commission stay the effective date of recent amendments to 47 CFR 90.35, 90.175, until the issues raised in their petitions for reconsideration are addressed. 2. Formerly, the Private Land Mobile Radio service frequencies in the bands below 512 MHz were divided into twenty separate radio services, including the Power, Petroleum, Forest Products, Manufacturers, and Railroad Radio Services. The Commission certified one frequency coordinator to make frequency recommendations for each service. The coordinators for the services mentioned were, respectively, UTC, the Telecommunications Association (UTC), the American Petroleum Institute (API), FIT, MRFAC, and the American Association of Railroads (AAR). 3. In the Second Report and Order in this proceeding, 62 FR 18834 (rel. April 17, 1997), the Commission consolidated the twenty services into two broad frequency pools, Public Safety and Industrial/Business. All of the services listed above were consolidated into the Industrial/ Business Pool. Generally, the Commission allowed coordination of any Industrial/Business frequency by any of the coordinators of the services that were consolidated into that pool, who would then notify the other in-pool frequency coordinators within one business day. The Commission provided, however, that frequencies formerly allocated solely to the Power, Petroleum, or Railroad Radio Service could be coordinated only by the relevant frequency coordinator. The Commission made this exception in order to ensure that licensees in those services, who sometimes use radio as a critical tool for responding to emergencies that could be extremely dangerous to the general public, not incur harmful interference from other licensees. 4. API sought reconsideration of the Second Report and Order, on the grounds that this exception did not provide sufficient protection to incumbent petroleum operations because most of the frequencies formerly allocated to the Petroleum Radio Service were shared with other services. In the Second Memorandum Opinion and Order in this proceeding, 64 FR 36258 (rel. July 6, 1999), the Commission amended the rules to require that frequencies formerly allocated to the Power, Petroleum, or Railroad Radio Services on an exclusive or shared basis be coordinated only by the frequency coordinator of the relevant service, or, at the relevant frequency coordinator's discretion, with its written concurrence. 5. MRFAC and FIT have raised substantial issues regarding the propriety and utility of the rule changes adopted in the Second Memorandum Opinion and Order. It is likely that they will incur much greater harm if the rules are permitted to take effect than might accrue to UTC and API if they are stayed. We conclude, therefore, on balance, that MRFAC and FIT have shown that it is in the public interest to grant the requested stay while the Commission examines these issues, in order to permit frequency coordinators to continue coordinating frequencies they have coordinated for years, and preserve coordination customers' options. We also find that limiting the stay to certain frequency coordinators or certain frequencies would engender greater confusion than it would avoid. Therefore, we shall stay in their entirety the changes to Secs. 90.35 and 90.175 of the Commission's Rules requiring that frequencies formerly allocated on a shared basis to the Power, Petroleum, or Railroad Radio Services be coordinated [[Page 50467]] by UTC, API, or AAR, respectively (or, at their discretion, with their written concurrence). The stay will be in effect until the Commission resolves their Petitions for Reconsideration of the Second Memorandum and Order in this proceeding. Federal Communications Commission. Magalie Roman Salas, Secretary. In the final rule published on July 6, 1999, in amendatory instruction 4 on page 36262 beginning in the second column the following amendments to Sec. 90.35 are stayed effective August 5, 1999: 153.035 MHz through 153.4025 MHz, 153.4025 MHz through 153.4625 MHz, 153.485 MHz through 153.5225 MHz, 153.545 MHz through 153.5825 MHz, 153.605 MHz through 153.6425 MHz, 153.665 MHz through 153.6675 MHz, 158.145 MHz through 158.1825 MHz, 158.205 MHz through 158.2425 MHz, 158.265 MHz through 158.3325 MHz, 158.355 MHz through 158.3775 MHz, 158.415 MHz through 158.4375 MHz, 173.250 MHz, 173.300 MHz, 173.350 MHz, 451.175 MHz, 451.225 MHz, 451.275 MHz, 451.375 MHz, 451.425 MHz, 451.475 MHz, 451.525 MHz, 451.550 MHz, 451.575 MHz, 451.600 MHz, 451.625 MHz, 451.650 MHz, 451.675 MHz, 451.700 MHz, 451.750 MHz, 452.325 MHz, 452.375 MHz, 452.425 MHz, 452.475 MHz, 452.775 MHz, 452.825 MHz, 452.875 MHz, 456.175 MHz, 456.225 MHz, 456.275 MHz, 456.375 MHz, 456.425 MHz, 456.475 MHz, 456.525 MHz, 456.550 MHz, 456.575 MHz, 456.600 MHz, 456.625 MHz, 456.650 MHz, 456.675 MHz, 456.700 MHz, 456.750 MHz, 457.325 MHz, 457.375 MHz, 457.425 MHz, 457.475 MHz, 457.775 MHz, 457.825 MHz, 457.875 MHz, 462.475 MHz, 462.525 MHz, 467.475 MHz, and 467.525 MHz of paragraph (b)(3), and paragraphs (c)(80) and (c)(81). [FR Doc. 99-24234 Filed 9-16-99; 8:45 am] BILLING CODE 6712-01-P