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WASHINGTON, D.C. 20554 FCC 00-95 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: March 10, 2000 COMMISSION REQUESTS COMMENT, PURSUANT TO FRESNO MOBILE RADIO, INC. v. FCC, ON THE CONSTRUCTION REQUIREMENTS FOR COMMERCIAL, WIDE-AREA 800 MHz LICENSEES OPERATING ON NON-SMR CHANNELS THROUGH INTER-CATEGORY SHARING PR Docket No. 93-144 Comment Due Date: March 27, 2000 Reply Comment Due Date: April 6, 2000 In this Public Notice, we request comment on the construction requirements that the Commission should impose on 800 MHz Specialized Mobile Radio (SMR) commercial licensees that are part of a wide area system ("wide-area licensees") operating on non-SMR channels (e.g., Business and Industrial /Land Transportation (BI/LT) channels) through inter-category sharing. On December 23, 1999, the Commission released a Memorandum Opinion and Order on Remand (Remand Order) responding to the decision of the U.S. Court of Appeals for the District of Columbia Circuit (Court) in Fresno Mobile Radio, Inc. v. FCC (Fresno). The Court had remanded to the Commission for further analysis its decision to adopt construction requirements for 800 MHz SMR incumbent wide-area licensees that differed from those adopted for 800 MHz SMR Economic Area (EA) 800 MHz licensees. In the Remand Order, the Commission stated that it would allow incumbent wide-area 800 MHz SMR licensees who were within their construction periods at the time of the Fresno decision to elect to satisfy either: (1) construction requirements similar to those given to Economic Area (EA) licensees in the 800 MHz band, or (2) the original construction requirements outlined in the 800 MHz Rejustification Order. The Commission noted that the Fresno decision specifically involved SMR frequencies and did not mention the commercial operation of SMR wide-area systems on BI/LT frequencies. The Remand Order stated that the construction status of BI/LT frequencies authorized for SMR use through inter-category sharing was beyond the scope of the proceeding and would be considered in the context of the Commission's rulemaking proceeding to implement the Balanced Budget Act of 1997. Upon further reflection, the Commission has decided to determine the construction status of BI/LT frequencies authorized for SMR use through inter-category sharing by separate order in the Fresno Remand proceeding rather than in the BBA proceeding. The Commission has further determined that additional comment on this issue is called for to ensure the completeness of the record. Therefore, we seek comment on whether the Commission should adopt construction rules for these incumbent wide-area licensees operating on BI/LT frequencies similar to those adopted in the Remand Order for wide-area licensees operating on SMR frequencies. The Commission also requests further comment on the applicable construction requirements (e.g., substantial service or population-based) for wide-area SMR licensees that operate on BI/LT frequencies through inter-category sharing. This request is limited to comments on the construction status of BI/LT frequencies authorized for SMR use through inter-category sharing. We do not seek comment on any issues relating to construction requirements for Private Mobile Radio Service (PMRS) licensees. The Commission notes that, regardless of its decision in this matter, we intend to allow the affected SMR licensees on BI/LT channels six months after the adoption of a final order in this proceeding to complete buildout, unless a longer period is specified in that order. Interested parties may file comments on or before March 27, 2000. Parties interested in submitting reply comments must do so on or before April 6, 2000. Parties should limit their comments to the issue of construction requirements for commercial wide-area 800 MHz licensees that operate on BI/LT frequencies through inter-category sharing. All comments should reference PR Docket No. 93-144 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 each to: (1) Don Johnson, Federal Communications Commission, Wireless Telecommunications Bureau, Commercial Wireless Division, Policy and Rules Branch, 445 Twelfth Street, S.W., Room 4A-332, Washington, DC 20554; and (2) Jennifer Mock, Federal Communications Commission, Wireless Telecommunications Bureau, Public Safety and Private Wireless Division, Policy and Rules Branch, 445 Twelfth Street, S.W., Room 3-C400, Washington, DC 20554. Copies of the comments and reply comments will be available for inspection and duplication during regular business hours in the Public Reference Room, 445 Twelfth Street, S.W., Room CY-8257, Washington, DC 20554. Copies also may be obtained from ITS, 1231 20th Street, N.W., Washington, DC 20036, (202) 857-3800. For further information, contact Don Johnson, Federal Communications Commission, Commercial Wireless Division, Policy and Rules Branch at (202) 418-7240. Action by the Commission.