NEWSReport No. DC 96-11 ACTION IN DOCKET CASE February 8, 1996 FCC PROPOSES CONSOLIDATION OF COMMON CARRIER AND PRIVATE CARRIER PAGING SERVICES TO PROMOTE GROWTH AND STREAMLINE REGULATION (WT Docket No. 96-18, PP Docket No. 93-253) The Federal Communications Commission today adopted a Notice of Proposed Rulemaking (Notice), which initiates changes to the regulation and licensing of the paging industry. These changes are designed to promote continued growth and preserve vigorous paging competition. The main issues addressed in the Notice are: (1) whether to adopt geographic licensing for paging services to replace the site-by-site licensing currently used; (2) what type of competitive bidding procedures should be implemented to resolve mutually exclusive paging licenses; and (3) what type of licensing procedures will be in effect during the pendency of this rulemaking. The Commission is proposing to convert to geographic area licensing for paging channels regulated under Parts 22 and 90 of the Commission's rules, except for channels that have already been licensed on a nationwide exclusive basis. The Notice seeks comment on whether private carrier paging channels currently licensed on a non-exclusive basis should be converted to exclusive geographic area licenses. The Notice also seeks comment on the appropriate size of geographic service areas, the appropriate level of protection for incumbent paging systems previously licensed on a site-specific basis, whether minimum coverage requirements should be imposed, and whether channel aggregation limits should be adopted. The Notice tentatively concludes that incumbent licensees that do not ultimately become geographic area licensees may continue operating under existing authorizations. The Commission proposes to adopt competitive bidding procedures to resolve mutually exclusive applications. The Notice seeks comment on the competitive bidding method most appropriate for paging services, and on the type of designated entity rules that should be incorporated into these competitive bidding procedures. The Commission is also proposing interim licensing procedures to be used during the pendency of this rulemaking. These interim licensing procedures include the following:  The Commission is suspending acceptance of new applications for paging channels as of the adoption date of this Notice. However, incumbent licensees may add sites to existing systems or modify existing sites without prior Commission approval or notification, - more - - 2 - provided that such additions or modifications do not expand the interference contour of the incumbent's existing system. Additionally, the Notice seeks comment on whether incumbents should be allowed to file new applications that would expand or modify their existing systems beyond their existing interference contours with such new sites receiving only secondary authorizations.  The Commission will process under its current rules non-mutually exclusive applications that were filed as of the adoption date of this Notice for which the relevant period for filing competing applications has expired as of the adoption date of this Notice.  The Commission will not process, but will hold in abeyance until the conclusion of this proceeding, mutually exclusive pending applications.  As a result of the Commission's intent to implement new paging rules, it will postpone consideration of requests for conditional and permanent exclusivity in the 929 MHz band that are pending before the Commission.  Common carrier and private carrier paging licensees who have obtained nationwide exclusivity on a paging channel may file applications for additional sites without restrictions, as no other applicant may apply for such channels and such additions will not affect the spectrum availability to others. Comments on this Notice are due March 18, 1996, with reply comments due April 2, 1996; comments on the proposed interim rules are due March 1, 1996, with reply comments due March 11, 1996. Action by the Commission February 8, 1996 by Notice of Proposed Rulemaking (FCC 96-51). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong with Commissioners Ness and Chong issuing separate statements. News Media Contact: Kara Palamaras at (202) 418-0654. Wireless Telecommunications Bureau contact: Mika Savir or Rhonda Lien at (202) 418- 0620.