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A.  2vt ~ a7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers:`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` 2   @ a3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers _o` `  @h(1)  hh#(#h 2#$ !~"W#a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# a8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p a1DocumentgDocument Style StyleXqq   l ^) I. ׃  2'+U$%&'Doc InitInitialize Document Style  0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)DocumentgTech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technicala5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . 2}*'n())a2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   2n1*5++/a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . PleadingHeader for numbered pleading paperP@n   $] X X` hp x (#%'0*,.8135@8:>xxxxxP|x!T"x}xExPPPxxxxPxkxofxkkPPPPk]kxkPCkkxkxxxkkPxkPPxxxxxxxPxkP8D%nZZB 3nMnMn..s[",tB^ f ^;C]ddCCCdCCCCddddddddddCCdxN`xoCCCddCdoYoYFdo8Co8odooYNCodddYdddd4dddddCddddddddo8dddddYYYYYN8N8N8N8oddddooooddpddddxodddXXddXddXdddddooL8doddNopddo8PdN8ppoddXXdpLoNpLodPDdopoopodXYXodoodddCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCdUUddddddFddddFCCssd44ddxxddd~ooCsdF"dsd9dCCxCddoddCdYds`xUvdddCCCCxoxoYNYYYN8YooYdYxxdxddYYxoxxxNdxYxxxxCCdddddddxCxdYC\   pxtll\tll@\@\`L~8wC;,WXw PE37XP 2~CC, mX~xP7XPD7zC;,XXz_ pi7XDPG, PE37PDBPG,_ pi7pi7XbV"G($,hGPE37hPcx/c81,6pc2g^Vf "\QU K "i~'K2^$(8<><q*"xxxxWWxxxWWkkxxxxxxxxPxxxxxxxxxCkkkkkkkkkkPCPCPCPCxxxxxxxxxxkxxxxxxjxjjjxxjxxjxxxxxxxPCxxxxPxxxxCVxCCxxxxxVVx[[[xVCxxxxxxxxjjjxxxxxxPxxPPPWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNxxxPkbbxxxxxxTxxxxTPP||x>>xxxxxP|x!T"x}xExPPPxxxxPxkxofxkkPPPPk]kxkPCkkxkxxxkkPxkPPxxxxxxxPxkP8D%nZZB 3nMnMn..s[2f g s",tB^ f ^GPoxxPPPxPPPPxxxxxxxxxxPPx]sPPPxxPxkkTxCPCxk]Pxxxkxxxx>xxxxxPxxxxxxxxCxxxxxkkkkk]C]C]C]Cxxxxxxxxxxxxxjjxxjxxjxxxxx[Cxxx]xxC`x]Cxxjjx[][x`RxxjkjxxxxPxxPPPWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNxxxPxffxxxxxxTxxxxTPPx>>xxxxxPxT"xxExPPPxxxxPxkxsfxxxPPPPk]kkk]Ckkxkxxxkk]xkPPxxxxxxxPxkP8D%nZZB 3nMnMn..s[$// Amendment of Part 22 to Delete Section 22.119, FCC 94113 //$ $/ 22.119 Limitation on use of transmitters for other services /$ $/ 22.19 Waiver of rules /$ ///newjob/// $///FCC 94113 6394///$ FCC 94113  Y -  ЊX01Í ÍX81Í Ír ServicesIn #Xw PE37WXP##X}xP7mXP##Xw PE37WXP# `&(#FCC 94113  Y -( Before the ă  c <  FEDERAL COMMUNICATIONS COMMISSION ă  Y0 -Y Washington, DC 20554 ă    B(#҇In the Matter of  jAmendment of Part 22 of the Commission's Rules to Delete Section 22.119 and Permit  { the Concurrent Use of Transmitters in  LCommon Carrier and NonCommon Carrier Services In re Requests of  X- Paging Network, Inc. PacTel Paging  X-Arch Communications Group, Inc.  X|- Metrocall, Inc.  XN - American Paging, Inc. MidAtlantic Paging Company, Inc.  X#-MobileMedia Communications, Inc.  ! For Waiver of Section 22.119 of the   Commission's Rules to Permit Concurrent   Licensing of Paging Transmitters under"'0*0*0*("  \ Part22 and Part90 of the Commission's Rules "0*0*0*" ) ) )  Y-)DD CC Docket No. 9446 )  Y-)DD RM 8367 ) ) ) ) )GG  Y-X` hp x (#%'0*,.8135@8:t@B$E|GI,LNP)DD MSD 9331  Y-)DD  Y-)DD MSD 9332 )  Y-)DD MSD 9333 )  Y|-)DD MSD 945 )  YN -)DD MSD 946  Y7!-)DD ,  Y "-)DD MSD 947  Y #-)DD ,  Y#-)DD MSD 9411 ) ) ) ) )"(0*0*0*)"Ԍ)H0*(($0*0*Hԯ  Y-n   NOTICE OF PROPOSED RULE MAKING  Xw-AND  Y`-A ORDER  Y3-Adopted: May 13, 1994,hh^Released: @  June 7, 1994 @ xx (#(#  Y - <DL!T$&)\+- 0d247l9;>t@B$E|GI,LNPX Comments Due: June 27, 1994 Reply Comments Due: July 12, 1994 X `  By the Commission:     Y-ԛch I. INTRODUCTION ă  (#1.ؠBy this Notice of Proposed Rulemaking we propose to delete Section 22.119 of the  &ZCommission's Public Mobile Service Rules, 47CFR22.119, which prohibits the concurrent  &xlicensing and use of transmitters for common carrier and noncommon carrier purposes. We  Y - &propose to permit the joint licensing and use of transmitters in the common carrier and private  &carrier services. In addition, we are granting interim waivers of Section 22.119 to Paging  &Network, Inc. (PageNet), PacTel Paging (PacTel), Arch Communications Group, Inc. (Arch),  &Metrocall, Inc. (Metrocall), American Paging, Inc. (API), MidAtlantic Paging Company Inc.  Y- &(MidAtlantic) and MobilMedia Communications, Inc. (MobileMedia)@  Y=- b$=` XhЍ8~See Request for Waiver filed by Paging Network, Inc., April 6, 1993; amended July 15,  b$1993 and November 2, 1993 (PageNet Waiver Request); Request for Waiver filed by PacTel  b$\Paging, August 31, 1993 (PacTel Waiver Request); Request for Waiver filed by Arch  b$Communications Group, Inc., September 22, 1993 (Arch Waiver Request); Request for  b$Waiver filed by MetroCall Inc., November 30, 1993 (Metrocall Waiver Request); Request  b$for Waiver filed by American Paging Inc., December 10, 1993 (API Waiver Request);  b$Request for Waiver filed by MidAtlantic Paging Company, December 7, 1993 (MidAtlantic  b$Waiver Request) and Request for Waiver filed by MobilMedia Communications, Inc., March  b$K7, 1994 (MobileMedia Waiver Request). Each company currently is a licensee of numerous  b$Part 22 and Part 90 facilities. As explained below, a grant of these waivers will serve the public interest.(#@ to the extent set forth  &below, during the pendency of this rulemaking. This action will allow them to use transmitters  Y- &presently licensed for common carrier paging purposes to also provide private carrier paging service. "Q 0*((?"Ԍ Y-j II. BACKGROUND ă  Y- (#=2.ؠSection 22.119_ YL-` XhЍ8~Section 22.119 (1992) states:(#  : 8~ Transmitters licensed for operation in services governed by this part [22] may not  : be concurrently licensed or used for noncommon carrier communication  : purposes. However, mobile units may be concurrently licensed or used for non : common carrier purposes provided that the transmitter is typeaccepted for use in each service.  of the Commission's Rules prohibits the concurrent licensing and use  &of a transmitter to provide common carrier services under Part 22 of the Rules for noncommon  &carrier communication purposes. Although the regulatory history is silent on the purpose of this  &+ rule, we believe that the original intent of Section 22.119 was to assure that the capacity of radio  &=common carrier transmitters is devoted to common carrier services in an effort to protect  Y`-subscribers to these services from unnecessary delays and interruptions in service.v` Y- b$y` XhЍ8~This rule was originally in Part 21 of the Commission's Rules, and was incorporated into  b$Part 22 in 1979 when the public mobile service and public fixed service rules were separated  Y- b$into discrete rule parts. See Domestic Public Fixed Radio Services and Public Mobile Radio  Y- b$iServices, FCC Docket No. 79595, 46 RR 2d 652 (1979). The rule section was carried over  Y- b$-into the major revision of Part 22 in 1983, but largely without comment. See Revision and  Y-Update of Part 22 of the Public Mobile Radio Services Rules, 95 FCC 2d 769 (1983).(#  Y -p III. DISCUSSION ă  (#3.ؠSeveral developments in the mobile communications industry have made it appropriate  &to reevaluate the Section 22.119 prohibition. Advances in technology have caused transmitter  &capacity to increase significantly. For example, improvements in digital transmission techniques  Y - &Kand increases in transmission rates, coupled with advanced store and forward technologies, - Y- b$z` XhЍ8~Under store and forward technology, pages are batched and then sent as a group. The transmission time is the same regardless of the number of paging messages in the group.(#  Y- &enable a single transmitter to serve over 300,000 paging units . According to PacTel, it is  Y{- &working with manufacturers to develop 6400 bits per second (bps) transmission rates which will  Yd- &accommodate over 800,000 subscribers on a single paging channel.d Y"- b$` XhЍ8~PacTel Waiver Request, p. 2, n. 3. PacTel states that it encouraged the major manufacturers  b$kto build 2400 bits per second (bps) pagers, which is a doubling of capacity of existing systems.(# PageNet states that it  &currently has deployed technology which can accommodate 400,000 paging units on a single 25"MJ0*(( "  Y- &kHz channel.* Yy-` XhЍ8~PageNet Waiver Request, p. 3.(#* These dramatic increases in capacity reduce the need for a transmitter to be  &devoted on a full time basis to common carrier uses in order to provide high quality service to the public, particularly in markets where total capacity exceeds current demand.  (#4.ؠTo meet marketplace demand for widerarea coverage, some licensees have begun to  &offer regional and national private carrier paging service as an overlay to their more localized  &,common carrier paging services. The present rule requires such carriers to construct dedicated  Y_- &Jprivate carrier facilities which are duplicative of their existing local systems, thereby imposing  YH- &unnecessary costs on carriers, which could result in higher subscriber charges.Hy Yr - b$` XhЍ8~For example, PacTel estimates that the cost to construct its entire nationwide and regional  b$PCP systems on a standalone basis will be approximately $13 million. PacTel Waiver  b$Request, p.3. PageNet estimates that it can save or defer expenditures up to $8 million  b$dollars through concurrent use of transmitters for common carrier and noncommon carrier services in building regional systems. PageNet Waiver Request, p.4. (# The impact of  &these unnecessary costs is likely to be exacerbated because we expect the penetration rate for  Y - &hnationwide and broad regional services to be lower at the outset than for long established local  &services. In markets where an operator's local common carrier transmitters are not loaded to  Y - &capacity (e.g., in markets the licensee has recently entered or in smaller markets) there are  &substantial economies the licensee could obtain by initially sharing transmitters when building  &out a regional or nationwide system without in any way diminishing the licensee's current or  &-projected quality of service. Under these circumstances, the present requirement of Section  &22.119 appears to be contrary to recent Commission actions which encourage licensees to devote  Yy- &unused capacity to auxiliary or incidental communications services that will meet public needs.y Y- b$-` XhЍ8~Revision and Update of Part 22 of the Public Mobile Radio Service Rules, 95 FCC 2d 769,  Y- b$816819 (1983) (adopting 47 CFR 22.308); Amendment of Parts 2 and 22 of the  b$Commission's Rules to Permit Liberalization of Technology and Auxiliary Service Offerings  Y- b$xin the Domestic Public Cellular Radio Telecommunications Service, 3 FCC Rcd 7033 (1988) (adopting 47 CFR 22.930).(#  Y4- (#5.ؠThe Omnibus Budget Reconciliation Act of 1993 (the 1993 Budget Act)] 4#  Y!-` XhЍ8~Omnibus Budget Reconciliation Act of 1993, Pub. L. 10366, 107 Stat. 312 (1993).(#] enacted by  &Congress further amends Section 3(n) and Section 332 of the Communications Act of 1934 to  &create a comprehensive regulatory framework for all mobile services, including existing Part 22  &common carrier mobile services, private land mobile services, and future services, such as  &mPersonal Communications Services (PCS). The 1993 Budget Act also amends the  Y- &Communications Act to specify a single "commercial mobile radio service.",  YF'-` XhЍ8~47 U.S.C. 332(c)(1) (1993).(#, We have since" 0*(("  &adopted a comprehensive Order implementing the basic provisions of Sections 3(n) and 332 of  Y- & the Act, as amended by the 1993 Budget Act.  Yb- '$` X@` hЍ@@See Implementation of Sections 3(n) and 332 of the Communications Act, GN Docket No.  YK- '$93252, Second Report and Order, 9 FCC Rcd 1411 (1994), erratum, 59 Fed. Reg. 18493 (April 19, 1994). (#@ In addition, we recently adopted a Further Notice  &of Proposed Rulemaking that begins the process of conforming technical, operational, and  &licensing rules applicable to commercial mobile radio service (CMRS) providers that are subject  Y- &xto Part 22 and Part 90 of the Commission's Rules. K Y - '$` X@` hЍ@@Implementation of Sections 3(n) and 332 of the Communications Act, GN Docket No. 93252, Further Notice of Proposed Rulemaking, FCC 94100, adopted April 20, 1994.(#@ We do not believe that anything in the legislation or rulemaking is inconsistent with our proposal here.  Y_- (#6.ؠFinally, the paging industry has become increasingly competitive. Allocations of new  YH- &spectrum,\ H Y- b$j` XhЍ8~See Amendment of Parts 2 and 22 of the Commission's Rules to Allocate Spectrum in the  b$=928941 MHz Band and to Establish Other Rules, Policies, and Procedures for OneWay  Y- b$\Paging Stations in the Domestic Public Land Mobile Radio Services, 89 FCC 2d 1337 (1982).(#\ the relaxation of federal and state barriers to entry,HQ  YJ- b$.` XhЍ8~See, e.g., Public Mobile Radio Services, 82 FCC 2d 152 (1980) (elimination of financial  Y3- b$qualifications showing); Public Mobile Radio Services, 69 FCC 2d 398 (1978)(elimination  Y- b$of prior state certification requirement); Revision and Update of Part 22 of the Public Mobile  Y-Radio Services Rules, 95 FCC 2d 769 (1983)(reducing application requirements).(# and the growth of subscriber  &demand have resulted in numerous wellfinanced competing paging entities in virtually every  &market. These companies compete on the basis of geographic service area, customer service,  &;enhanced services, and price. This highly competitive environment encourages paging carriers  &to provide an acceptable quality of service or risk losing customers to competitors. These  &competitive incentives provide us with additional assurances that service to existing customers will not suffer from the joint use of transmitters.  (#]7.ؠBecause of these developments, we tentatively conclude that permitting a single  &transmitter to operate on both common carrier and private carrier channels will not disrupt or  &impair service to existing Part 22 subscribers. Nevertheless, we seek comment whether Section  &22.119 should be retained but modified to permit the concurrent use of transmitters in the  &common carrier and noncommon carrier services in limited circumstances. For example, we  &could permit the joint use of transmitters licensed under Part 22 only where carriers are offering  Y- &services that are different in kind (e.g., nationwide vs. regional service; local vs. regional  &xservice). Another option is to permit such joint use only in circumstances where the Part 22  &Klicensee uses a batched paging function as a part of its shared transmission system. We also  &seek comment on whether there are other circumstances in which we should not permit the  &shared use of transmitters licensed under Part 22. We solicit comment on appropriate safeguards"0*(("  &to prevent warehousing of exclusively assigned frequencies if we modify or eliminate Section  &22.119. Finally, we seek comment on whether we should allow two different licensees to share the same transmitter.  Y - a IV. WAIVER ORDER ă  Y -Rx A. Background ă  (#8.ؠPageNet, API and MidAtlantic seek waivers of Section 22.119 of the Commission's  &Rules to permit them to share transmitters on any of their existing and future common carrier  Y- &authorizations with any of their private carrier paging authorizations. PacTel, Metrocall and  &MobileMedia seek waivers of Section 22.119 of the Commission's Rules to permit them to  &xtransmit on PCP frequencies using their existing Part 22 common carrier paging transmitters  &[until either (a) the two services are combined and Section 22.119 is eliminated, or (b) the  Y6- &multifrequency transmitters are loaded to 75% of available airtime.H 6 Y- b$[` XhЍ8~In support of its waiver request, PacTel states that many of its subscribers are demanding  b$ nationwide and regional coverage extending beyond PacTel's current coverage areas.  b$Because PacTel's common carrier frequencies were not available nationwide or over these  b$larger regions, PacTel applied for and was granted nationwide Part 90 PCP authorizations.  b$PacTel has begun constructing its nationwide and regional PCP paging systems. PacTel  b$states that the waiver will allow it to reduce its operating costs by eliminating the need for  b$unnecessary construction of transmitters for its nationwide and regional PCP systems. As  b$noted, PacTel estimates these construction costs at $13 million. PacTel projects that the first  b$.several years of operation will result in substantial losses from depreciation and site rent  b$which must be recouped in the service price. If PacTel is permitted to make full use of its  b$existing infrastructure, it will realize significant cost savings, and would be able to pass these  b$savings along to its subscribers by offering lower prices. PacTel Waiver Request at pp. 24. (#H Arch requests a waiver  &of Section 22.119 to permit it to operate frequencyagile transmitters capable of alternating  &Ybetween transmission of signals to common carrier and private carrier subscribers to permit the  &: inclusion of PCP frequencies capable of providing broad regional and nationwide service on Part  Y-22 transmitters offering local service.N1e  Y$- b$` XhЍ8~In support of its waiver request, Arch states that it has undertaken to develop a nationwide  b$paging system to satisfy the needs of its customers; however, the lack of a common carrier"&0*((%"  b$<nationwide paging channel has caused Arch to develop a nationwide private carrier system.  b$Arch presently has applications pending for authority to construct facilities operating on three  b$private carrier frequencies (929.8375, 929.3625, and 929.7875 MHz) at approximately 1,300  b$Msites throughout the nation. Many of these sites are identical to locations where Arch  b$currently owns and operates Part 22 common carrier facilities on 931 MHz. Arch seeks to  b$Lavoid unnecessary duplication of facilities and states that it will greatly reduce operating  b$costs if allowed to share transmitters between common and private carrier services. Arch Waiver Request at pp. 23. (#N " 0*(("Ԍ  Y-| B. Discussion ă  Y-  Y- (#N9.ؠSection 22.19 of the Commission's Rules sets forth the requirements for waiver  &requests. An applicant must demonstrate that: (a) the underlying purpose of the rule will not  &be served in the absence of a waiver, and grant of the waiver is in the public interest; or (b) the  &Yunique facts and circumstances of a particular case render application of the rule inequitable or  YI- &contrary to the public interest and there is no reasonable alternative. 47CFR22.19. See  Y2-WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969).  (#0 10.ؠPageNet, PacTel, Arch, Metrocall, API, MidAtlantic, and MobileMedia have  &hsatisfied the requirements of Section 22.19 of the Rules under alternative (a). Each is currently  &in the process of constructing nationwide or regional PCP systems with coverages extending  &beyond existing licensed Part 22 systems. The waiver sought by each will permit it to use its  &existing infrastructure, thereby achieving a significant cost savings which will result in the  &provision of service sooner and at lower rates to its subscribers. Granting the waivers will also  &Lbenefit the public by reducing construction costs and carrier resources devoted to paging  &services, reducing the number of transmitter sites necessary and thereby lowering the costs at  &which service is made available to the public. Reducing the number of sites also will reduce  &environmental and public concerns regarding multiple transmitters on sites. Finally, there are no reasonable alternatives to the waiver that could achieve these public interest benefits.  (#k 11.ؠFurthermore, the apparent underlying purpose of the rule will not be undermined  &by granting the instant waivers. There is no reason to believe that petitioners will have  Y-inadequate capacity to serve their common carrier customers.   (#l 12.ؠPacTel, PageNet, Arch, Metrocall, API, MidAtlantic, and MobileMedia have  &xdemonstrated that it is in the public interest to allow them to share their common carrier and  &[private carrier paging transmitters in circumstances where such sharing will facilitate the  &provision of national and/or regional service as an overlay to local services. These waivers will  &be conditioned on our actions in the rulemaking proceeding, wherein we will consider whether"8 0*(("  Y- &;such sharing should be permitted or subject to various safeguards or standards. Yy- b$` XhЍ8~The grants of waivers to PageNet, PacTel and Arch in this order are without prejudice to  b$any future action the Commission may take to restrict the use of common transmitters in multiple services to deter warehousing.(# Accordingly,  Y- &PageNet,_K Y- '$[` X@` hЍ@@On November 24, 1993, SkyTel Corporation (SkyTel) submitted comments responding to  '$PageNet's waiver request. Although we are not required to do so, we have reviewed  '$SkyTel's comments and find that they lack merit. As we have indicated above, we find that  '$PageNet's requested waiver will serve the public interest. In any event, we emphasize that  '$our grant of PageNet's waiver request is conditioned on the outcome of this rulemaking  '$proceeding. Finally, we point out that in light of our proposal to delete Section 22.119 of the Rules, SkyTel will have an opportunity to file formal comments in this proceeding. (#@ PacTel, Arch, Metrocall, API, MidAtlantic, and MobileMedia will be allowed  &+ during the pendency of this rulemaking, to operate transmitters authorized under Part 22 for both common carrier and private carrier paging in accordance with their respective waiver requests.  Yv-    Y -j V. CONCLUSIONS ă  (# 13.ؠWe propose to delete Section 22.119 of the Rules to allow transmitters authorized  &hunder Part 22 to be concurrently licensed and used for both common carrier and private carrier  & operations. We believe that this proposed rule change will promote more effective use of carrier  &resources without undermining the rule's purpose. We request comments on the proposals  &addressed in this Notice. We also find it in the public interest to waive Section 22.119 to allow  &jPacTel, Arch, PageNet, Metrocall, API, MidAtlantic, and MobileMedia to operate their authorized Part 22 transmitters as set forth herein.  Y-'Q VI. ORDERING CLAUSES ă  (# 14.ؠAccordingly, IT IS ORDERED THAT pursuant to Sections 4(i) and 303(r) of the  &Communications Act of 1934, as amended, 47 U.S.C.  154(j), 303(r), this Notice of Proposed Rule Making IS ISSUED.  (#15.ؠIT IS FURTHER ORDERED THAT the Secretary shall cause a copy of this Notice to be sent to the Chief Counsel for Advocacy of the Small Business Administration. "gr 0*((N"Ԍ (#\16.ؠIT IS FURTHER ORDERED THAT the waiver request filed by Paging Network,  &Inc. IS GRANTED, to the extent described herein, and conditioned on the outcome of the rulemaking proceeding.  (#M17.ؠIT IS FURTHER ORDERED THAT the waiver request filed by PacTel Paging IS  &GRANTED, to the extent described herein, and is conditioned on the outcome of the rulemaking proceeding.  (#Q18.ؠIT IS FURTHER ORDERED THAT the waiver request filed by Arch  &hCommunications Group, Inc. IS GRANTED, to the extent described herein, and conditioned on the outcome of the rulemaking proceeding.  (#k19.ؠIT IS FURTHER ORDERED THAT the waiver request filed by Metrocall, Inc. IS  &GRANTED, to the extent described herein, and conditioned on the outcome of the rulemaking proceeding.  (#20.ؠIT IS FURTHER ORDERED THAT the waiver request filed by American Paging,  &KInc. IS GRANTED, to the extent described herein, and is conditioned on the outcome of the rulemaking proceeding.  (#j21.ؠIT IS FURTHER ORDERED THAT the waiver request filed by MidAtlantic Paging  &Company, Inc. IS GRANTED, to the extent described herein, and is conditioned on the outcome of the rulemaking proceeding.  (#22.ؠIT IS FURTHER ORDERED THAT the waiver request filed by MobileMedia  &Communications, Inc. IS GRANTED, to the extent described herein, and is conditioned on the outcome of the rulemaking proceeding.  (#\23.ؠFor further information, contact Dan Abeyta, at (202) 6326450, Mobile Services Division, Common Carrier Bureau. FEDERAL COMMUNICATIONS COMMISSION William Caton Acting Secretary" 0*((!"  Y-{ APPENDIX A ă  Y-Q PROCEDURAL MATTERS ă  Y-N  Ex Parte Rules NonRestricted Proceeding ă  Yy- (#This is a nonrestricted notice and comment rule making proceeding. Ex parte  &presentations are permitted, except during the Sunshine Agenda period, as long as they are  YK- &idisclosed as provided in the Commission's Rules. See generally 47CFR 1.1202, 1.1203, 1.1206(a).  Y -8v Comment Dates ă  (#Pursuant to applicable procedures set forth in Sections 1.415 and 1.419 of the  &Commission's Rules, 47CFR 1.415, 1.419, interested parties may file comments on or  &before June 27, 1994 and reply comments on or before July 12, 1994. To file formally in this  &proceeding you must file an original and four copies of all comments, reply comments, and  &supporting comments. If you want each Commissioner to receive a personal copy of your  &Zcomments, you must file an original plus nine copies. You should send comments and reply  &;comments to Office of the Secretary, Federal Communications Commission, Washington, D.C.  &20554. Comments and reply comments will be available for public inspection during regular  &business hours in the Reference Center of the Federal Communications Commission, 1919 M St., N.W., Washington, D.C. 20554.  Y- * Initial Regulatory Flexibility Analysis ă  X- Reasons for Action  (#This rule making proceeding is initiated to obtain comment regarding changes in the  &provision of common carrier and private carrier paging services through the use of a single transmitter.  X- Objectives  (#The purpose of the proposed rule is to promote economic efficiencies for carriers in providing paging services. "" 0*((#"  X- Legal Basis  (#The proposed action is authorized under Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.  154(j), 303(r).  X- Reporting, Recordkeeping and Other Compliance Requirements. None.  X1- Federal Rules Which Overlap, Duplicate or Conflict with These Rules. None.  X - Description, Potential Impact, and Number of Small Entities Involved.  (#=A rule change in this proceeding would benefit providers of common carrier and private carrier paging services by reducing costs. A number of these providers are small entities.  Xb- (#9! Any Significant Alternatives Minimizing the Impact on Small Entities Consistent with  XK-the Stated Objectives. We have determined no specific alternatives. " 0*(("  Y-| APPENDIX B ă  Y-`h PROPOSED RULES ă Title 47 of the Code of Federal Regulations, Part 22, is amended as follows: Part 22 Public Mobile Service  YJ-1.The authority citation for Part 22 continues to read as follows:  (#Authority: Sections 4 and 303 of the Communications Act of 1934, as amended, 47 U.S.C.  154 and 303.  Y -2.Section 22.119 is removed and reserved.  Y -