PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S.W. WASHINGTON, D.C. 20554 DA 00-160 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: February 9, 2000 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS PUBLIC COMMENT ON PETITION TO AMEND 47 C.F.R. SECTION 22.323 TO ALLOW CMRS LICENSEES TO PROVIDE LIMITED PROGRAM DISTRIBUTION SERVICE Comment Date: March 9, 2000 Reply Comment Date: March 23, 2000 On October 9, 1997, FreePage Corporation ("FreePage") filed a Petition ("Petition") for rulemaking requesting that the Commission amend Section 22.323 of the Commission's rules, 47 C.F.R. Section 22.323, to permit paging licensees to use their assigned channels to transmit audio programming of interest to a narrow or specialized audience. Possible services cited by FreePage include, without limitation, children's programming, foreign language programming, and reading services for persons who are visually disabled. FreePage refers to this proposed service as Limited Program Distribution Service ("LPDS"). Subsequently, on October 26, 1998, FreePage filed a Supplemental Petition ("Supplemental Petition") renewing its request for a rulemaking and concurrently requesting either a waiver, a developmental license, or an experimental license to offer its proposed service. The Policy and Rules Branch of the Commercial Wireless Division has denied FreePage's requests for a waiver, developmental license, or experimental license. In this Public Notice, we seek comment regarding FreePage's request that the Commission initiate a rulemaking to amend Section 22.323 of its rules to permit paging licensees to provide LPDS service. FreePage holds commercial mobile radio service ("CMRS") authorizations in the Paging and Radiotelephone Service for paired channels in the 152/158 MHz and 454/459 MHz bands. Currently, these channels are allocated for assignment to common carriers for the provision of mobile or fixed radio telecommunications services on a commercial basis. As noted above, FreePage would like to use its paging channels to transmit LPDS audio programming of interest to a narrow, or specialized, public audience. FreePage would earn a "fee for transmission services rendered, on a negotiated basis." LPDS users would be required to purchase scanners to receive transmissions. To the extent that LPDS is offered, it would replace FreePage's use of its channels to provide commercial paging services. FreePage urges that LPDS-type transmissions are needed because various economic factors have dramatically reduced the availability of so-called narrowcasts, or transmissions of programming material targeted to a limited audience. FreePage asserts that ownership costs of radio stations have risen, effectively precluding ownership of such stations by narrowcasters. FreePage also asserts that, at the same time, there has been a decrease in the availability of FM broadcast station subcarriers (FM Subsidiary Communications Authorizations or "SCAs") capable of providing an LPDS-type service. We request that, in addressing these issues, parties also comment on additional options for providing services equivalent to LPDS. For example, two alternatives might be audio data streaming technology on the Internet and TV Secondary Audio Program ("TV-SAP") subcarriers. Notably, Internet-provided audio services may have some significant advantages because the capacity of the Internet is almost unlimited, and individuals may choose to listen to various program offerings, unlike the case with broadcast SCAs or LPDS, in which the listener may access only a few channels of scheduled programming material. TV-SAPs also offer possible advantages over SCAs and LPDS because users can receive these broadcasts with a television set, a product that is more readily available than the receivers used for SCAs or LPDS. In particular, we request that parties address how the availability and economics of these alternatives, or any other alternatives not discussed above, affects whether LPDS should be permitted. Currently, Section 22.323 of the Commission's rules permits a Public Mobile service licensee "to provide other communications services incidental to the primary mobile service" subject to the following limitations: (1) subscribers who do not use incidental service may not bear any of its costs; (2) the quality of the primary service cannot materially deteriorate and growth or availability of the primary service may not be diminished; (3) the provision of incidental services may not be inconsistent with the Communications Act or Commission rules; and (4) the licensee must notify the Commission before providing the incidental service. We request comments on whether Section 22.323 should be amended to include the LPDS service proposed by FreePage as an "incidental service" under Section 22.323. We also seek comment on whether we need to, or should, amend any other Commission rules to permit more flexible use of spectrum licensed to CMRS providers. Currently, CMRS licensees, including paging licensees, are permitted to provide fixed services, but not broadcasting services, in their assigned spectrum. We invite comments on whether spectrum assigned to CMRS licensees also could be used for the LPDS service proposed by FreePage. In particular, we would be interested in comments addressing whether the service proposed by FreePage is in fact a broadcast service, and, therefore, whether we would need to change existing spectrum allocation and service rules to permit LPDS service in spectrum assigned to CMRS licensees. More generally, we also request comments on what effect (e.g., interference, service preclusion, or redundancy of service offerings) the implementation of FreePage's LPDS proposal would have on other authorized service offerings or services proposed in pending Commission rulemaking proceedings. Finally, we are particularly interested in receiving comments from the disability community regarding how they may benefit from a revision of the Commission's rules that would permit use of the spectrum for programming to narrow, or specialized audiences. All comments should reference this Public Notice and should be filed with the Office of the Secretary, Federal Communications Commission, 445 Twelfth Street, S.W., Room TW-B204, Washington, DC, 20554. A copy of each filing should be sent to International Transcription Services, Inc. ("ITS"), 1231 20th Street, N.W., Washington, DC, 20036. In addition, parties should send two copies to Lauren M. Van Wazer, Federal Communications Commission, Wireless Telecommunications Bureau, Commercial Wireless Division, Policy and Rules Branch, 445 Twelfth Street, S.W., Room 4-A223, Washington, DC, 20554. Copies of the comments will be available for inspection and duplication during regular business hours in the Public Reference Room, 445 Twelfth Street, N.W., Washington, DC, 20036, (202) 857- 3800. For further information, contact Lauren M. Van Wazer, Federal Communications Commission, Wireless Telecommunications Bureau, Commercial Wireless Division, Policy and Rules Branch at (202) 418-0030. FCC