[Federal Register: September 7, 2006 (Volume 71, Number 173)]
[Rules and Regulations]
[Page 52750-52751]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07se06-10]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 02-55; ET Docket No. 00-258; ET Docket No. 95-18, RM-
9498; RM-10024; FCC 06-63]
Private Land Mobile Services; 800 MHz Public Safety Interference
Proceeding
AGENCY: Federal Communications Commission.
ACTION: Correcting amendments.
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SUMMARY: The Federal Communications Commission published a document in
the Federal Register on December 28, 2005, revising Commission rules.
That document contained discrepancies between the text of the order and
the final rules set forth at Sec. 90.677. This document corrects the
final regulations by revising 47 CFR 90.677.
DATES: Effective September 7, 2006.
FOR FURTHER INFORMATION CONTACT: Roberto Mussenden, Public Safety and
Critical Infrastructure Division at (202) 418-0838.
SUPPLEMENTARY INFORMATION: This is a summary of a Federal
Communications Commission (FCC) Order which, inter
[[Page 52751]]
alia, corrects a Federal Register document (70 FR 76704, December 28,
2005). Previously, the FCC released a Memorandum Opinion and Order,
which among other things amended the rules governing dispute resolution
between licensees who must reconfigure their systems to alleviate
interference to public safety communications in the 800 MHz band.
The Memorandum Opinion and Order contained discrepancies between
the text of the order and the final rules in Sec. 90.677 of the rules.
In this document we correct those discrepancies.
List of Subjects in 47 CFR Part 90
Communications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
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Accordingly, 47 CFR part 90 is corrected by making the following
correcting amendments:
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
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1. The authority citation for part 90 continues to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
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2. Amend Sec. 90.677, by revising paragraph (d) to read as follows:
Sec. 90.677 Reconfiguration of the 806-824/851-869 MHz band in order
to separate cellular systems from non-cellular systems.
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(d) Transition Administrator. (1) The Transition Administrator, or
other mediator, shall attempt to resolve disputes referred to it before
the conclusion of the mandatory negotiation period as described in
Sec. 90.677(c) within thirty working days after the Transition
Administrator has received a submission by one party and a response
from the other party. Any party thereafter may seek expedited non-
binding arbitration which must be completed within thirty days of the
Transition Administrator's, or other mediator's recommended decision or
advice. Should issues still remain unresolved after mediation or
arbitration they shall be referred to the Chief of the Public Safety
and Critical Infrastructure Division of the Wireless Telecommunications
Bureau within ten days of the Transition Administrator's or other
mediator's advice, or if arbitration has occurred, within ten days of
the completion of arbitration. When referring an unresolved matter to
the Chief of the Public Safety and Critical Infrastructure Division,
the Transition Administrator shall forward the entire record on any
disputed issues, including such dispositions thereof that the
Transition Administrator has considered. Upon receipt of such record
and advice, the Commission will decide the disputed issues based on the
record submitted. The authority to make such decisions is delegated to
the Chief of the Public Safety and Critical Infrastructure Division of
the Wireless Telecommunications Bureau who may decide the disputed
issue or designate it for an evidentiary hearing before an
Administrative Law Judge. If the Chief of the Public Safety and
Critical Infrastructure Division of the Wireless Telecommunications
Bureau decides an issue, any party to the dispute wishing to appeal the
decision may do so by filing with the Commission, within ten days of
the effective date of the initial decision, a Petition for de novo
review; whereupon the matter will be set for an evidentiary hearing
before an Administrative Law Judge. Any disputes submitted to the
Transition Administrator after the conclusion of the mandatory
negotiation period as described in Sec. 90.677(c) shall be resolved as
described in Sec. 90.677(d)(2).
(2) If no agreement is reached during either the voluntary or
mandatory negotiating periods, all disputed issues shall be referred to
the Transition Administrator, or other mediator, who shall attempt to
resolve them. If disputed issues remain thirty working days after the
end of the mandatory negotiation period, the Transition Administrator
shall forward the record to the Chief of the Public Safety and Critical
Infrastructure Division, together with advice on how the matter(s) may
be resolved. The Chief of the Public Safety and Critical Infrastructure
Division is hereby delegated the authority to rule on disputed issues,
de novo. If the Chief of the Public Safety and Critical Infrastructure
Division of the Wireless Telecommunications Bureau decides an issue,
any party to the dispute wishing to appeal the decision may do so by
filing with the Commission, within ten days of the effective date of
the initial decision, a Petition for de novo review; whereupon the
matter will be set for an evidentiary hearing before an Administrative
Law Judge.
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[FR Doc. E6-14788 Filed 9-6-06; 8:45 am]
BILLING CODE 6712-01-P