[Federal Register Volume 63, Number 166 (Thursday, August 27, 1998)]
[Notices]
[Pages 45814-45815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22886]
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FEDERAL COMMUNICATIONS COMMISSION
[DA 98-1656]
Temporary Waiver of Rules Granted to Goodman/Chan Receivership
Licensees and Similarly Situated Non-Goodman/Chan General Category SMR
Licensees
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: In this Notice, the Wireless Telecommunications Bureau
(Bureau) describes the temporary waiver of rules granted to Goodman/
Chan Receivership licensees and similarly situated non-Goodman/Chan
General Category (similarly situated licensees) SMR licensees in the
Goodman/Chan Recon Order. Specifically, the Bureau explains that the
Goodman/Chan Recon Order grants the Goodman/Chan Receivership licensees
and similarly situated licensees who have not yet constructed, ninety
days, beginning on the day the Goodman/Chan Order is published in the
Federal Register, to apply to transfer or assign unconstructed licenses
that have received construction extensions pursuant to the Goodman/Chan
Order and the Goodman/Chan Recon Order. The Bureau explains that only
Goodman/Chan Receivership licensees and similarly situated licensees
are eligible for this temporary waiver.
FOR FURTHER INFORMATION CONTACT: Terry Fishel at (717) 338-2602, or
Ramona Melson or David Judelsohn at (202) 418-7240.
SUPPLEMENTARY INFORMATION: On May 22, 1995, the Commission adopted the
Goodman/Chan Order, which provides General Category Specialized Mobile
Radio (SMR) licensees who received licenses through one of four
fraudulent application preparation companies (Receivership Companies)
an additional four months to construct and commence operations of their
licenses. Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for
Waiver of Secs. 90.633(c) and 1.1102 of the Commission's Rules,
Memorandum Opinion and Order, 10 FCC Rcd. 8537 (1995) (Goodman/Chan
Order). Although the Commission stated that the four-month period would
commence upon publication of the Goodman/Chan Order in the Federal
Register, Goodman/Chan Order, 10 FCC Rcd. at 8551, para. 31,
publication of the Goodman/Chan Order in the Federal Register has not
yet occurred.
On July 16, 1998, the Commission adopted Daniel R. Goodman,
Receiver, Dr. Robert Chan, Petition for Waiver of Secs. 90.633(c) and
1.1102 of the Commission's Rules, Memorandum Opinion and Order and
Order on Reconsideration, FCC 98-167 (released July 31, 1998) (Goodman/
Chan Recon Order) which, inter alia, removes the impediments to
implementing the relief granted by the Goodman/Chan Order. Earlier, in
Amendment of Part 90 of the Commission's Rules to Facilitate Future
Development of SMR Systems in the 800 MHz Frequency Band, PR Docket No.
93-144, Second Report and Order, 12 FCC Rcd. 19079, 19096-19098,
Paras. 40-44 (1997) (800 MHz SMR Second Report and Order), the
Commission temporarily waived its prohibition of the assignment or
transfer of unconstructed licenses, 47 CFR 90.609(b), for all holders
of unconstructed spectrum on the lower 80 and General Category channels
in order to encourage rapid migration of incumbents from the upper 200
channels to the lower band 800 MHz channels, and facilitate geographic
licensing. The temporary waiver was granted for the six month period
following the conclusion of the 800 MHz upper band auction, i.e., until
June 8, 1998. For the same reasons, the Goodman/Chan Recon Order
granted the Goodman/Chan Receivership licensees and similarly situated
non-Goodman/Chan General Category SMR licensees (similarly situated
licensees) who have not yet constructed, ninety days, beginning on the
day the Goodman/Chan Order is published in the Federal Register, to
apply, if they so choose, to transfer or assign unconstructed licenses
that have received construction extensions pursuant to the Goodman/Chan
Order and the Goodman/Chan Recon Order. Goodman/Chan Recon Order, para.
56. Similarly situated licensees are non-Goodman/Chan licensees who
purchased and received application preparation services and were
granted an 800 MHz SMR General Category license with an eight month
construction period. In most instances, the similarly situated
licensees are
[[Page 45815]]
individuals who obtained their licenses through SMR application
preparation companies similar to the Receivership Companies, but did
not hire one of the four companies that were the subject of the
Goodman/Chan proceeding. In order to be granted this limited relief,
these licensees must have originally been granted an eight-month
construction period and must have a valid extension request on file
with the Commission. See Goodman/Chan Recon Order, para. 60, nn.212-
213.
All such transfer and assignment requests must be filed with the
Commission within ninety days after the Goodman/Chan Order is published
in the Federal Register. The temporary waiver of Sec. 90.609(b) of the
Commission's rules granted by the 800 MHz SMR Second Report and Order
expired on June 8, 1998. 800 Mhz SMR Second Report and Order, 12 FCC
Rcd. at 19096-19098, Paras. 40-44. All requests filed after June 8,
1998, but prior to the publication of the Goodman/Chan Order in the
Federal Register, will, therefore, be dismissed as untimely. Only
Goodman/Chan Receivership licensees and similarly situated licensees
are eligible for the temporary relief provided for in the Goodman/Chan
Recon Order and, therefore, only they may file or refile for this
relief within ninety days after the Goodman/Chan Order is published in
the Federal Register.
All such transfer and assignment requests must be accompanied by a
public interest statement, pursuant to Sec. 90.153 of the Commission's
rules, 47 CFR 90.153; see also 47 U.S.C. Sec. 310(d), which should
include, at a minimum, the following information: (1) a certification
from the assignor that the assignor is either a Goodman/Chan
Receivership licensee or a similarly situated licensee, including a
brief description of facts supporting the assignor's claimed status;
(2) a certification from the assignee that it is satisfied, based on
its due diligence, that the assignor is either a Goodman/Chan
Receivership licensee or a similarly situated licensee; and (3) a
demonstration as to how the grant will either facilitate the relocation
of incumbent licensees from the upper 200 channels to the lower band
800 Mhz SMR channels or facilitate geographic licensing of the lower
channels themselves. Failure to make this showing will constitute a
defective application and will result in dismissal of the application
pursuant to Sec. 90.161(b)(6) of the Commission's rules. 47 CFR
90.161(b)(6).
Federal Communications Commission.
Daniel Phythyon,
Chief, Wireless Telecommunications Bureau.
[FR Doc. 98-22886 Filed 8-26-98; 8:45 am]
BILLING CODE 6712-01-P