PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 97-2083 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: September 25, 1997 PUBLIC COMMENT INVITED WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON PETITION FOR PARTIAL RECONSIDERATION OR CLARIFICATION FILED BY BELLSOUTH CORPORATION WT Docket No. 96-6 Comment Date: November 12, 1997 Reply Comment Date: December 12, 1997 On September 30, 1996, BellSouth Corporation ("BellSouth") filed a Petition for Reconsideration and Clarification ("Petition") requesting that the Commission delete Section 22.323 of its rules in accordance with the Amendment of the Commission's Rules to Permit Flexible Service Offerings in the Commercial Mobile Radio Services, WT Docket No. 96-6, First Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 8965 (1996) ("Report and Order "). BellSouth argues that Section 22.323 is inconsistent with the Report and Order. In the Report and Order the Commission eliminated the restrictions under which Commercial Mobile Radio Service ("CMRS") providers could provide fixed wireless service offerings. The restrictions limited CMRS providers to providing fixed wireless services which were "ancillary", "auxiliary" or "incidental" to the mobile services they were providing. These restrictions were eliminated and CMRS providers may now provide fixed services on a co-primary basis with mobile services. Section 22.323 permits CMRS providers to provide "other communications services incidental to the primary public mobile radio service" as long as they meet certain enumerated criteria. BellSouth requests that the Commission either 1) issue an Erratum eliminating the rule, 2) reconsider its decision not to eliminate or modify the rule, or 3) issue a declaratory ruling stating that Section 22.323 is inapplicable to CMRS licensees providing services pursuant to the Report and Order. We seek comment on whether Section 22.323 should be eliminated or modified in light of the Report and Order. Interested parties may file comments on the Petition no later than November 12, 1997; reply comments should be filed on or before December 12, 1997. All comments should reference the Petition and this Public Notice. An original and four copies of all comments must be filed with the Office of the Secretary, Federal Communications Commission, 1919 M Street, N.W., Washington, DC 20554. One copy of comments and reply comments should be sent to David Krech, Esq., Policy & Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau, Seventh Floor, 2100 M Street, N.W., Washington, DC 20554. One copy should also be sent to the following: International Transcription Service, Inc. (ITS), 1231 20th Street, N.W., Washington, DC 20036. Parties are encouraged to submit comments and reply comments on diskette. Such diskette submissions would be in addition to and not a substitute for the formal filing requirements presented above. Parties submitting diskettes should submit them to David Krech, Esq., at the above-outlined address. Such a submission should be on a 3.5 inch diskette formatted in an IBM compatible form using Word Perfect 5.1 for Windows software. The diskette should be submitted in "read only" mode, and should be clearly labelled with the party's name, proceeding, type of pleading (comment or reply comment) and date of submission. The full text of the Petition, comments and reply comments will be available for inspection and duplication during regular business hours in the Public Reference Room, 2025 M Street, N.W., Room 5608, Washington, D.C. 20554. Copies may also be obtained from ITS, 1231 20th Street, N.W., Washington, D.C. 20036, (202) 857-3800. Pursuant to Section 1.1206 of the Commission's Rules, 47 C.F.R.  1.1206, this proceeding will be conducted as a non-restricted proceeding in which ex parte communications are permitted but subject to disclosure. For further information, contact David Krech, Esq., of the Wireless Telecommunications Bureau, at 202- 418-7240 (email: CWD_LEGAL@fcc.gov).