Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band

In this document, the Commission addresses the construction requirements imposed on incumbent licensees in the 800 MHz Specialized Mobile Radio (SMR) service that have received authorizations to construct wide-area systems. This action is taken pursuant to the order issued by the United States Court of Appeals for the District of Columbia Circuit in Fresno Mobile Radio, Inc., et al. v. Federal Communications Commission (Fresno), 165 F.3d 965 (D.C. Cir. 1999). The court remanded for further consideration the Commission's prior decision maintaining the requirement that incumbent wide-area Specialized Mobile Radio (SMR) licensees, licensees who had received "extended implementation" authorizations, must construct and operate all sites and all frequencies by the construction deadline. Upon further reconsideration, the Commission will allow incumbent wide-area 800 MHz SMR licensees who were within their construction periods at the time Fresno was decided to satisfy construction requirements similar to those given to Economic Area licensees in the 800 MHz band.