WASHINGTON-The Wireless Telecommunications Bureau of the Federal Communications Commission decided early Oct. 16 to move forward with refarming implementation as planned for Oct. 17, thus derailing any stay that had been under consideration for the past week. It did, however, reiterate “certain related matters” could have an impact on the ruling at some future date.
“Notwithstanding the outstanding issues on reconsideration and the implementation of the provisions of the new statute, at this time the public interest would be best served by permitting the new rules to take effect on the scheduled date,” the bureau wrote. “These rules are designed to provide for a more efficient distribution of channels, permit licensees to better utilize technologically innovative and efficient equipment, and reduce costs and administrative burdens. Given these significant benefits, further delay is unwarranted.”
According to the WTB’s public notice, 16 petitions for reconsideration questioning three provisions of the order-the two frequency pools, the frequency coordination process and trunking-have been received by the commission since refarming’s second report and order was adopted April 17. In addition, because of new reauctioning rules included in the Balanced Budget Act of 1997, the bureau will continue to debate the definitive description of what constitutes a public-safety organization along with how to assign mutually exclusive licenses in the private wireless services. “While these provisions do not directly affect the rules scheduled to go into effect October 17, 1997, they may bear on future consideration of these and related rules,” it wrote.
Industrial Telecommunications Association spokesman John Kneuer told RCR, “Given that there are existing reconsiderations, it is understandable that the commission wants to be cautious. We’re grateful there wasn’t a stay, and we will work with the Wireless Telecommunications Bureau on the other issues.” A broad meeting is scheduled for sometime this week at the FCC, which frequency coordinators may attend.
