NEWSReport No. DC-96-101 ACTION IN DOCKET CASE November 12, 1996 FCC PROPOSES NEW WIRELESS COMMUNICATIONS SERVICE IN 2.3 GHz BAND IMPLEMENTING PROVISION OF 1997 APPROPRIATIONS ACT (GN Docket No. 96-228) The Commission today proposed to create a new Wireless Communications Service ("WCS") in the 2305-2320 and 2345-2360 MHz bands that would allow licensees to provide any fixed, mobile or radiolocation service, or satellite Digital Audio Radio Services ("satellite DARS"), consistent with the international frequency allocations for these bands. The Commission also proposed to award these WCS licenses through competitive bidding, to adopt no restrictions on eligibility for a WCS license, and to allow WCS licensees to partition their service areas, disaggregate spectrum, and franchise portions of their spectrum or service areas on a leased basis. The Commission issued a Notice of Proposed Rule Making in accordance with the Omnibus Consolidated Appropriations Act, 1997 (the "Appropriations Act"), which directed the Commission to reallocate these spectrum bands. In addition to the issues outlined above, the NPRM seeks comment from interested parties on the following issues:  the appropriate geographic scope for WCS licenses (e.g., Major Trading Areas, regional areas, or nationwide);  the appropriate amount of spectrum for each WCS license;  how best to implement the Appropriations Act's requirement that the Commission "take into account the needs of public safety radio services"; and  whether build-out requirements should be adopted for WCS licensees. The NPRM proposes generally to employ the procedural and competitive bidding rules contained in Part 1, Subpart Q of the Commission's rules in licensing WCS, with some minor modifications. Finally, the Commission also proposes to establish service and technical rules to ensure that harmful interference is not caused to other radio services. The Commission believes that these proposals will enable any WCS licensee to use its spectrum in the most technically and economically efficient manner practicable. (over) - 2 - The Appropriations Act requires that the Commission commence the competitive bidding for the 2305-2320 and 2345-2360 MHz bands no later than April 15, 1997, and to conduct the bidding in a manner that ensures that all proceeds are deposited in the Treasury no later than September 30, 1997. In order to assist the Commission in carrying out these obligations, the Appropriations Act allows the Commission to use various expedited administrative procedures. Interested parties must file comments in this proceeding by December 4, 1996, and reply comments by December 16, 1996. Action by the Commission on November 8, 1996, by Notice of Proposed Rule Making (FCC 96-441). Chairman Hundt, Commissioners Quello, Ness, and Chong, with Commissioner Quello issuing a separate statement.. -FCC- News Media contact: Kara Palamaras at (202) 418-0600. Office of Engineering and Technology contact: Bruce Franca at (202) 418-2470. Wireless Telecommunications Bureau contact: Jonathan Cohen at (202) 418-0797.