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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ********************************* ******************************** Before the Federal Communications Commission Washington, D.C. 20554 In re ) ) Amendment of Section 1.948(d) of the ) Commission's Rules to Extend the Time for ) Consummation and Notification of Wireless) Transfers and Assignments ) ORDER Adopted: October 28, 1999 Released: November 2, 1999 By the Commission: 1. By this Order, we amend section 1.948(d) of the Commission's rules to extend the time by which parties must notify the Commission of consummation of an approved wireless license transfer or assignment from 60 to 180 days. The amendment is being made pursuant to the Commission's initiative to streamline its regulations in an effort to facilitate the rapid deployment of wireless services to the public and enhance the ability of wireless industries to compete effectively in the marketplace. Because this rule change involves a rule of agency procedure, general notice and an opportunity to comment are not required. 2. Currently, section 1.948(d) of the Commission's rules requires all wireless radio service licensees to consummate a transfer or assignment that requires prior Commission approval and notify the Commission of such consummation within 60 days of public notice of approval, unless a request for an extension of time to consummate is filed prior to the expiration of this 60-day period. It has been our experience, however, that many wireless licensees request Commission approval of these transactions well in advance and routinely require more than 60 days to consummate a transaction after Commission approval. As a result, parties are required to request extensions of the 60-day period, thereby forcing the Commission to allocate limited resources to process these requests. 3. We believe that this problem can be resolved by expanding the 60-day period for consummation and notification to 180 days. Under the rule that we adopt today, parties to an approved wireless license transfer or assignment will be required to consummate the transaction and notify the Commission of consummation within 180 days of public notice of Commission approval. In addition, this notification must occur no later than 30 days after consummation. If parties fail to consummate and notify the Commission within 180 days, or fail to request an extension within the 180 day period, approval of the transfer or assignment will automatically be rescinded. 4. We conclude that the rule we adopt today will relieve substantial administrative burdens on licensees and the Commission staff by eliminating the need for parties to request extensions of time in all but the rarest circumstances. Because most extension requests are routinely granted, this general extension of the time to consummate transactions will not harm the public interest. Based on our experience, we believe 180 days will be enough time to permit most parties to complete their transactions, and that this time frame is short enough to reasonably ensure that the facts on which the Commission's approval is based will not have changed significantly before the transaction is consummated. At the same time, the requirement that notification occur no later than 30 days after consummation will ensure that ownership information in the Commission's databases remains up to date. We note that this 30-day period is the same amount of time given where transfers and assignments do not require prior Commission approval. 5. We therefore amend section 1.948(d) of our rules to read as follows: (d) Notification of consummation. In all Wireless Radio Services, licensees are required to notify the Commission of consummation of an approved transfer or assignment using FCC Form 603. The assignee or transferee is responsible for providing this notification, including the date the transaction was consummated. For transfers and assignments that require prior Commission approval, the transaction must be consummated and notification provided to the Commission within 180 days of public notice of approval, and notification of consummation must occur no later than 30 days after actual consummation, unless a request for an extension of time to consummate is filed on FCC Form 603 prior to the expiration of this 180-day period. For transfers and assignments that do not require prior Commission approval, notification of consummation must be provided on FCC Form 603 no later than 30 days after consummation, along with any necessary updates of ownership information on FCC Form 602. 6. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C.  154(i), and section 553(b)(3)(A) of the Administrative Procedure Act, 5 U.S.C.  553(b)(3)(A), section 1.948(d) of the Commission's rules, 47 C.F.R.  1.948(d), is amended as described above. 7. IT IS FURTHER ORDERED that this Order is effective upon publication in the Federal Register. As a result, the new rule will apply to all transfers and assignments that are pending or have been approved, but not consummated, at the time of, and after, Federal Register publication. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary