******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Request for Extension of Temporary ) Authority to Permit Continued Conditional ) Operation of Part 90 Facilities Reclassified) as Commercial Mobile Radio Services as of) August 10, 1996. ) ORDER Adopted: December 26, 1996 Released: December 26, 1996 By the Chief, Wireless Telecommunications Bureau: I. INTRODUCTION 1. On December 6, 1996, the Personal Communications Industry Association (PCIA) filed a request for an 180-day extension of the blanket special temporary authority (STA) previously granted by the Wireless Telecommunications Bureau to former Private Mobile Radio Services (PMRS) facilities operating under conditional authority that were reclassified as Commercial Mobile Radio Services (CMRS) on August 10, 1996. For the following reasons, we grant a 120- day extension of the STA. II. DISCUSSION 2. In the 1993 Budget Act, Congress created the CMRS regulatory classification and mandated that licensees in certain Part 90 services be reclassified as CMRS. The Budget Act also provided that many of these reclassified licensees, including all private paging licensees, would continue to be treated as PMRS until August 10, 1996, when they would be reclassified as CMRS and be subject to CMRS rules. In the STA Order, we allowed PMRS applicants who had commenced conditional operation under Section 90.159 prior to August 10, 1996 to continue operations under an STA after reclassification took effect. Although CMRS applicants are generally prohibited from operating facilities prior to license grant, we concluded that the transition from PMRS to CMRS constituted an extraordinary circumstance sufficient to justify an STA for facilities that would otherwise be required to discontinue operation. Accordingly, we granted a blanket STA to permit continued operation of such facilities for 120 days while the Commission processed the pending applications. 3. In its extension request, PCIA states that processing of the pending Part 90 applications has not yet been completed by the Commission, and facilities currently being used to serve the public will have to be turned off pending completion of processing unless the STA is extended. As we stated in the STA Order, we believed that 120 days was sufficient time to ensure that all pending Part 90 applications would be processed. However, because processing has taken longer than anticipated, we are extending the blanket STA for an additional 120 days, which will allow for processing to be completed. The STA will apply only to applicants who commenced conditional operations under Section 90.159 as of August 10, 1996. Applicants who filed applications prior to August 10, 1996 but who were not operating as of that date are not authorized to do so by this Order. III. ORDERING CLAUSE 4. Accordingly, pursuant to authority delegated by Section 0.331 of the Commission's rules, 47 C.F.R.  0.331, IT IS HEREBY ORDERED that Extension of Special Temporary Authority filed by the Personal Communications Industry Association is hereby GRANTED to the extent stated herein. FEDERAL COMMUNICATIONS COMMISSION Michele C. Farquhar Chief, Wireless Telecommunications Bureau