PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET N.W. WASHINGTON, D.C. 20554 News media information 202/418-0500. WIRELESS TELECOMMUNICATIONS BUREAU COMMERCIAL WIRELESS DIVISION ANNOUNCES THE CLARIFICATION AND STREAMLINING OF PROCESSING PROCEDURES FOR THE CELLULAR RADIOTELEPHONE SERVICE Report No. CL-95-72 April 4, 1995 As a further step in the reinvention and reorganization of the Commission's processes, the Wireless Telecommunications Bureau's Commercial Wireless Division announces changes to its processing procedures with respect to Cellular Radiotelephone Service applications. These modifications will expedite service and eliminate unnecessary burdens on public and Commission resources. Additionally, the Commercial Wireless Division has established new policies for disposing of cellular filings providing notice of minor modifications and the addition of internal transmitter sites. Under Section 22.163 of the Commission's rules, Part 22 licensees may make minor modifications to existing stations without obtaining prior Commission approval. Licensees may also add additional transmitter sites without prior Commission approval so long as the provisions of Section 22.165 are met. The Part 22 Rewrite, Report and Order, CC Docket No. 92-115, 9 FCC Rcd 6513 (1994), eliminated the requirement that licensees notify the Commission when they make minor modifications to their stations or add new internal transmitter sites to existing systems, except that cellular licensees are still required to notify the Commission of any modifications that change their Cellular Geographic Service Area (CGSA) boundary. The Part 22 Rewrite noted that facilities added or modified without prior approval or subsequent notification should not receive interference because they would be indirectly protected by the presence of surrounding stations of the same licensee on the same channel or channel block. Licensees were, however, permitted to continue to provide notice through the filing of an FCC Form 489 if they desired to be directly protected from interference. These new rules became effective on January 2, 1995. Because the filing of the Form 489 is optional, and in order to streamline the Commission's processes, the majority of filings on FCC Form 489 filed after January 2, 1995, will no longer result in the issuance of an authorization from the Commission. Instead, FCC Form 489s providing notification of minor modifications or adding internal cell sites will simply be filed in the Commercial Wireless Division's Public Reference Room, 1919 M St, Room 644, and will be available there for inspection by the public. We will, however, continue to issue authorizations for notifications filed on the FCC Form 489 for use of an additional system identification number (SID), control point modifications/additions and notifications of commencement of service. Applicants submitting notifications for use of an additional SID, control point modification/addition or commencement of service are directed to accompany their FCC Form 489 with a cover letter containing a line in bold capital lettering that reads as follows: RE: [APPLICANT NAME], [MARKET NUMBER], [SID CHANGE/CONTROL POINT/COMMENCEMENT OF SERVICE (whatever is applicable)]. Notwithstanding this streamlining of procedures, licensees are cautioned that all rules governing minor modifications and the addition of new transmitters still apply. For example: Federal Aviation Administration (FAA) clearance - Licensees constructing or altering an antenna tower or structure so that it would exceed the requirements of Section 17.7 of the Commission's rules must notify the appropriate Regional Office of the Federal Aviation Administration (via the FAA Form 7460-1) and file a request for antenna height clearance and obstruction marking and lighting specifications (via the FCC Form 854) with the FCC, WTB, Support Services Branch, Gettysburg, PA, 17325, in accordance with Section 22.163(c) of the Commission's rules. Environmental - Additions must comply with environmental impact standards as defined by Sections 1.1301 through 1.1319 of the Commission's rules. Quiet Zones - Licensees must restrict radiation so as to minimize possible impact on the operations of radio astronomy or other facilities that are highly sensitive to interference in accordance with Section 22.369 of the Commission's rules. AM Stations - Licensees that construct or modify towers in the immediate vicinity of AM broadcast stations must correct disturbance of the AM station antenna pattern if the disturbance occurs as a result of such modification or construction, in accordance with Section 22.371 of the Commission's rules. International coordination - Modifications are limited to those for which individual coordination of the channel assignment(s) with a foreign administration, under applicable international agreements and Section 22.169 of the Commission's rules, is not required. The Commercial Wireless Division is also modifying its application processing procedures with respect to FAA clearances that are required for certain Cellular Radiotelephone Service applications. As discussed above, licensees are required to obtain approval from the FAA for any construction or alteration that would exceed the requirements of Section 17.7 and are also required to file a request for antenna height clearance with the FCC. Many cellular applications have been on file for long periods of time awaiting an FAA determination. Any applicant that does not provide a required FAA clearance will be notified by the Commission staff of this deficiency and permitted sixty days to correct it. If at the end of this sixty day period the clearance is not obtained and submitted to the Commission, the application will be dismissed for failure to prosecute in accordance with Section 22.128(c) of the Commission's rules. If applicants still desire Commission authorization, they will be required to file a new application once appropriate clearance has been received. This will affect only those applicants who have failed to obtain clearance from the FAA prior to filing an application and should serve to ensure that all application requests are promptly acted upon by the Commission. The Commercial Wireless Division has taken these steps to ensure that application processing for the Cellular Radiotelephone Service is carried out in the most efficient and expeditious manner possible. News Media contact: Stacey Reuben Mesa at (202) 418-0654 Wireless Telecommunications Bureau contacts: Steve Markendorff at (202) 418-1320 or Tom Dombrowsky at (202) 418-0620. -FCC-