NEWSReport No. DC-2661 ACTION IN DOCKET CASE October 19, 1994 BROADBAND PCS REGULATORY STRUCTURE AFFIRMED, WITH MINOR MODIFICATIONS (GEN DOCKET 90-314) The FCC has affirmed its broadband Personal Communications Services (PCS) regulatory structure, and expanded a procedural option that enables otherwise ineligible bidders to participate in auctions for broadband PCS spectrum on condition they promptly divest their problematic cellular interests if they obtain a PCS license. By thus broadening the participation in PCS auctions, the Commission expects to improve prospects for the most efficient and expeditious implementation of PCS service, with consequent benefits in the form of competition, economic growth and increased jobs. The finalizing of these rules sets the stage for the first broadband PCS auction, which will commence December 5, 1994, and for which short-form applications are due October 28. The Commission denied in major part ten petitions for reconsideration of its PCS rules that principally raised issues the FCC has considered at length in previous orders and rejected. The Commission modified or clarified its rules in the following respects: -- Extended a procedural option to entities with non- controlling, attributable cellular interests so that they may bid on "in-market" 30 MHz PCS licenses, conditioned on compliance, through divestiture, with existing cellular/PCS cross-ownership rules within 90 days following the PCS license grant. However, if they assign their interest to trustees, the trustees have until six months from the date of license grant to come into compliance; -- Clarified that PCS base station power limitations apply to each antenna at a base station, as opposed to being measured on a per-base station basis; and -- The rule governing the unlicensed PCS isochronous frame period was modified to address concerns that the existing rule adversely affects interoperability of licensed and unlicensed PCS systems. (over) - 2 - In denying the reconsideration petitions, the Commission: -- Affirmed existing license eligibility and ownership attribution rules; -- Denied without prejudice a proposal to require PCS licensees to share the costs of relocating microwave licensees from the 1850-1990 MHz PCS band; -- Declined to change PCS service area definitions; -- Affirmed an existing rule that divides Puerto Rico into two Basic Trading Areas (BTAs); -- Declined a request to interpret the meaning of correspondence between the Association of Independent Designated Entities and Rand McNally regarding the latter's agreement to license the terms MTA and BTA; -- Determined that the question whether to impose Open Network Architecture regulation on PCS licensees is outside the scope of this proceeding; -- Denied without prejudice requests to change rules concerning PCS power limit measurement and to establish modulation mask rules for all unlicensed PCS devices; -- Determined that it is unnecessary to impose special technical requirements on PCS licensees in Block C in order to prevent their operations from interfering with adjacent Broadcast Auxiliary Service licensees; and defers to the pending Mobile Satellite Service (MSS) proceeding the question whether to establish a secondary allocation for MSS in PCS Blocks F and C (1970-1990 MHz). Action by the Commission October 19, 1994, by Second Memorandum Opinion and Order (FCC 94-265). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. - FCC - News Media contact: Audrey Spivack at (202) 418-0500. Office of Engineering and Technology contact: Sean White at (202) 653-8112. Common Carrier Bureau contact: John Cimko at (202) 418-1310.