PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 97-2208 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: October 15, 1997 RULES ADOPTED IN THE REFARMING SECOND REPORT AND ORDER (PR DOCKET NO. 92-235) TO GO INTO EFFECT OCTOBER 17, 1997 On February 20, 1997, the Commission adopted the Second Report and Order (Second R&O) in PR Docket No. 92-235. By this action, the Commission consolidated the twenty Private Land Mobile Radio Services into two broad pools - Public Safety and Industrial/Business. Additionally, the Second R&O introduced competition into frequency coordination services and created opportunities for implementing centralized trunking technology on channels in the shared frequency bands below 800 MHz. The Commission made these rule changes effective six months after their publication in the Federal Register, which occurred on April 17, 1997. Thus, these new rules become effective on October 17, 1997. While these rules will become effective on October 17, 1997, we note the continued pendency of certain related matters. First, the Commission has received sixteen petitions for reconsideration of the Second R&O that challenge certain decisions regarding eligibility criteria for the two pools, the frequency coordination process, and the trunking rules. We take this opportunity to advise the public that licensing actions taken pursuant to these new rules will be subject to any relevant changes adopted by the Commission in its disposition of the pending reconsideration petitions. Second, on August 5, 1997, the Balanced Budget Act of 1997 (1997 Budget Act) was signed into law. Sections 3002 and 3004 of the statute redefine "public safety" for certain purposes and expand the Commission's competitive bidding authority to apply to assignment of mutually exclusive applications in private wireless services. While these provisions do not directly affect the rules scheduled to go into effect on October 17, 1997, they may bear on future consideration of these and related rules. Notwithstanding the outstanding issues on reconsideration and the implementation of the provisions of the new statute, at this time the public interest would be best served by permitting the new rules to take effect on the scheduled date. These rules are designed to provide for a more efficient distribution of channels, permit licensees to better utilize technologically innovative and efficient equipment, and reduce costs and administrative burdens. Given these significant benefits, further delay is unwarranted. By the Chief, Wireless Telecommunications Bureau. Wireless Telecommunications Bureau contact: Ira Keltz at (202) 418-0680 or by E-Mail at mayday@fcc.gov. --FCC--