PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 DA 96-647 April 25, 1996 WIRELESS TELECOMMUNICATIONS BUREAU SOLICITS BUSINESS PLANS FROM PARTIES INTERESTED IN BECOMING THE CLEARINGHOUSE THAT WILL ADMINISTER THE 2 GHz RELOCATION COST-SHARING PLAN By this Public Notice, the Wireless Telecommunications Bureau ("Bureau") solicits business plans from parties who wish to act as a neutral, not-for-profit administrator of the Commission's cost-sharing plan. The Bureau also seeks comment on any plans that are submitted. Background. In the Cost-Sharing Report and Order, adopted April 25, 1996, the Commission delegated authority to the Bureau to select one or more entities for the creation and management of a neutral, not-for-profit clearinghouse. The Commission stated that selection would be based on criteria established by the Bureau, and that the Bureau would publicly announce the criteria and solicit proposals from qualified parties. The Commission also instructed the Bureau to solicit public comment on proposals that are submitted and, after selecting the administrator(s), to announce the effective date of the cost-sharing rules. On September 6, 1995, the Personal Communications Industry Association ("PCIA") stated that, should the Commission choose to establish a cost-sharing program, PCIA is prepared and qualified to serve as the administrator. PCIA again expressed its desire to be designated as the cost-sharing clearinghouse in comments filed in response to the Cost-Sharing Notice. Several commenters support designation of PCIA as the clearinghouse. The Utilities Telecommunications Council ("UTC"), however, opposes designation of PCIA as the clearinghouse, because it believes that the entity chosen to serve as the clearinghouse should represent neither PCS licensees nor the microwave industry. On April 18, 1996, the Industrial Telecommunications Association, Inc. ("ITA") filed an ex parte presentation, stating that it is willing and able to serve as the cost-sharing clearinghouse. Discussion. The Bureau tentatively concludes that PCIA should be designated as a cost- sharing clearinghouse to administer the Commission's cost-sharing plan. PCIA was the first entity to express its desire to serve as the clearinghouse, and it has already spent a considerable amount of time, money, and effort formulating its proposal. In addition, we seek comment on whether more than one clearinghouse would be feasible and, if we decide to designate multiple clearinghouses, what mechanisms should be implemented to facilitate their simultaneous operation. We request that PCIA submit a business plan detailing how it would perform the functions of a clearinghouse. We also encourage other existing or newly-formed entities interested in serving as a cost-sharing clearinghouse, such as ITA, to submit business plans. At a minimum, such business plans should include the following information: (1) Financial data. Business plans should address how the entity intends to raise start-up funds and how much the entity plans to charge for individual transactions. (2) Timing. Plans should address timing issues, such as how long it would take the organization to become operational and how many days it would take the clearinghouse to notify licensees of a reimbursement obligation. (3) Accounting Methods. Accounting methods should be described in detail (e.g., how the entity intends to separate out premium payments, which are non- reimbursable). (4) Confidentiality. The plan should describe how the entity intends to address the concerns about confidentiality that were raised in comments filed in the cost-sharing proceeding. (5) Neutrality. Each entity should describe how it intends to remain impartial, especially if both PCS licensees and microwave incumbents are permitted to participate in cost-sharing. (6) Dispute Resolution. The plan should describe how the entity intends to resolve disputes between parties (e.g., disputes over whether a particular expense is reimbursable). Filing Instructions. Business plans must be received on or before May 24, 1996. Parties interested in commenting on any business plans submitted will have fifteen days to file comments. Comments must be filed on or before June 10, 1996. Parties should file a total of seven hard copies of all business plans and comments, together with one copy formatted in WordPerfect 5.1 on a 3.5 inch computer diskette. Five copies and the computer diskette should be addressed to: Legal Branch, Commercial Wireless Division, Wireless Telecommunications Bureau, Room 7130, Federal Communications Commission, Washington, D.C. 20554. One copy should be filed with the Wireless Telecommunications Bureau Public Reference Room, 2025 M Street, N.W., 5th Floor, Washington, D.C. 20554 (which will be made available for public inspection). One copy should also be filed with the Commission's copy contractor, ITS, Inc., 2100 M Street, N.W., Suite 140, (202) 857-3800. All business plans will be placed on the Internet for public inspection at http://www.fcc.gov/wtb/wirehome.html within two business days of receipt by the Bureau. Action by Michele C. Farquhar, Chief, Wireless Telecommunications Bureau. For further information, contact the Commercial Wireless Division, Legal Branch at (202) 418-0620. --FCC--