WASHINGTON-The fence between common-carrier and private-carrier paging will come down with the approval of a notice of proposed rulemaking that streamlines the regulation and licensing of Part 22 and Part 90 paging entities. The NPRM, however, puts a hold on new paging applications during pending proceedings.
The Federal Communications Commission wants industry comment on the following issues: Should geographic licensing replace site-by-site licensing? What type of auction procedure should be used to resolve mutually exclusive licenses? How should licensing be handled during the transition? Comments are due March 18, with replies due April 2. Comments on interim licensing procedures are due March 1, with replies due March 11.
“I believe that it is time for the commission to step away from its past methods of regulating the industry,” wrote Commissioner Rachelle Chong in a separate statement. “Where competitive communications markets are working well, I believe the government ought to step away from intrusive regulation and merely monitor the market-stepping in only when necessary. These proposed regulatory changes are beneficial not only because they streamline the regulatory process, but also because they bring our paging regulations into sync with our other CMRS [commercial mobile radio service] regulations.”
Regarding geographic licensing, the commission is pondering size, coverage requirements, interference standards and aggregation limits.
With competitive bidding becoming the FCC’s favorite licensing mechanism, the NPRM, if adopted, would put in place similar designated-entity rules now being used in the auction of C-block broadband personal communications services licenses. Small, minority- and women-owned businesses would be eligible for bidding credits, partitioned licenses and installment payments. The commission next month plans to release a study regarding the financial climate for such potential auction participants.
The transition from private to common carriage probably will garner the majority of comments. Part of the NPRM seeks opinions on whether current private paging channels licensed on a nonexclusive basis should be converted to exclusive geographic-area licenses.
During the time the rulemaking is pending, both private and common carriers will be allowed to add sites to their systems or modify existing sites within their contours without first gaining commission permission. In addition, the NPRM seeks comment on whether any paging incumbent should be allowed to file new applications to expand or modify existing systems beyond current interference contours; new sites would receive secondary authorizations.
The commission planned to process all pending applications for non-mutually exclusive licenses filed by the end of last week; more than 70 percent of pending applications are from incumbents. However, no new applications will be accepted. The FCC will hold in abeyance mutually exclusive license applications until an order is adopted.
“We are pleased that the commission recognizes the importance of not hamstringing the paging industry when needed changes to the rules are being implemented,” said Jay Kitchen, president of the Personal Communications Industry Association, in a written statement. “We remain concerned, however, that the commission has suspended accepting paging applications. Despite everyone’s best intentions that this freeze be modified on an expedited basis, a freeze is harmful and unnecessary action which will hurt the industry and consumers.
