Implemenation of Sections 3(n) and 332 of the Communications Act

This Order on Reconsideration in GN Docket No. 93-252 and PR Docket No. 89-553 is a partial reconsideration of the Third Report and Order in GN Docket No. 93-252, (``CMRS Order''). In this reconsideration, the Commission decides not to suspend granting of secondary site authorizations for incumbent 900 MHz Specialized Mobile Radio (``SMR'') systems, as originally determined in the CMRS Order. In the CMRS Order, the Commission decided not to grant any further secondary site authorizations, which would have allowed existing 900 MHz SMR operators to construct facilities outside of their Designated Filing Areas (``DFAs''), enabling them to expand their systems or link facilities in different markets. The Commission had reasoned that, even though these secondary sites would not be entitled to protection from co-channel interference and may have to discontinue operation eventually, it would contaminate the 900 MHz band to continue to license secondary sites in advance of Major Trading Area (``MTA'') licensing. On reconsideration, however, the Commission concludes that such an outright prohibition on further secondary site licensing imposes a significant burden on existing 900 MHz SMR licensees that are building out their systems and intend to become MTA licensees, which would also delay the availability of service to customers. Also, the Commission emphasizes that secondary site operators assume the risk of having to discontinue operations in the event of interference to an MTA-licensed system. Thus, the Commission will continue to process and grant secondary site authorizations to qualified applicants.