[Federal Register: August 24, 2004 (Volume 69, Number 163)]
[Rules and Regulations]
[Page 51959]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au04-16]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 00-32; FCC 04-185]
Suspension of Effective Date in 47 CFR 90.1211(a)
AGENCY: Federal Communications Commission.
ACTION: Final rule; suspension of effectiveness.
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SUMMARY: In this document, the Commission grants a petition for stay of
the Memorandum Opinion and Order and Third Report and Order, 68 FR
38635, June 30, 2003, released on May 2, 2003, in this proceeding.
Specifically, the FCC stays the effectiveness of 47 CFR 90.1211(a),
which authorizes 700 MHz Regional Planning Committees to submit
regional plans for the sharing of the 4.9 GHz spectrum, and requiring
such plans to be submitted to the Commission within twelve months after
the effective date of the rules. The Memorandum Opinion and Order and
Third Report and Order was published in the Federal Register on June
30, 2003, with an effective date of July 30, 2003. Regional Planning
Committee plans for the shared use of the 4.9 GHz spectrum were due
July 30, 2004. A temporary stay of the July 30, 2004 deadline is
granted until six months after resolution of a pending petition for
reconsideration filed in this proceeding.
DATES: Effective September 23, 2004, 47 CFR 90.1211(a) is stayed
temporarily. The Commission will publish a document in the Federal
Register announcing a new effective date.
FOR FURTHER INFORMATION CONTACT: Jeannie Benfaida, Public Safety and
Critical Infrastructure Division, Wireless Telecommunications Bureau,
at (202) 418-0680.
SUPPLEMENTARY INFORMATION: This is a summary of the Order, released on
August 2, 2004. The full text of this document is available for public
inspection and copying during regular business hours at the FCC
Reference Information Center, Portals II, 445 12th Street, SW., Room
CY-A257, Washington, DC 20554. This document may also be purchased from
the Commission's duplicating contractor, Best Copy and Printing,
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554,
http://www.fcc.gov/Wireless/Orders/2004/fcc040185.txt. Alternative formats are
available to persons with disabilities by contacting Brian Millin at
(202) 418-7426 or TTY (202) 418-7365.
In the Order, the Commission stayed the effectiveness of 47 CFR
90.1211(a), which authorizes the fifty-five 700 MHz Regional Planning
Committees to develop and submit a plan on guidelines to be used for
sharing the 4.9 GHz spectrum within the region to the Commission within
twelve months of the effective date of the Memorandum Opinion and Order
and Report and Order, 68 FR 38635, June 30, 2003, which established
licensing and service rules for the 4940-4990 MHz (4.9GHz) band. Given
the uncertainty created by the pendency of the petition for
reconsideration, twelve months has not been enough time for RPCs to
complete plans for the sharing of the 4.9 GHz spectrum. The stay will
remain in effect until six months after the resolution of the petition
for reconsideration of the Memorandum Opinion and Order and Report and
Order, released on May 2, 2003, in this proceeding.
The Commission will not send a copy of this Order in a report to be
sent to Congress and the Government Accountability Office (GAO)
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A),
because the Order stays the effectiveness of a final rule.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-19359 Filed 8-23-04; 8:45 am]
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