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OGC-96-40 1 (1996-09-12)

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GAO            United States
               General Accounting Office
               Washington, D.C. 20548

               Office of the General Counsel



               B-274307



               September 12, 1996

               The Honorable Larry Pressler
               Chairman
               The Honorable Ernest F. Hollings
               Ranking Minority Member
               Committee on Commerce, Science, and Transportation
               United States Senate

               The Honorable Thomas J. Bliley, Jr.
               Chairman
               The Honorable John D. Dingell
               Ranking Minority Member
               Committee on Commerce
               House of Representatives

               Subject: Federal Communications Commission: Flexible Service Offerings in the
                         Commercial Mobile Radio Services

               Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on
               a major rule promulgated by the Federal Communications Commission, entitled
               Flexible Service Offerings in the Commercial Mobile Radio Services (WT Docket
               No. 96-6). We received the rule on August 21, 1996. It was published in the Federal
               Register as a final rule on August 29, 1996. 61 Fed. Reg. 45336.

               Enclosed is our assessment of the Federal Communications Commission's (FCC)
               compliance with the procedural steps required by sections 801(a)(1)(B)(i) through
               (iv) of title 5 with respect to the rule. Our review indicates that the FCC complied
               with the applicable requirements.

               In its notice of proposed rulemaking, 61 Fed. Reg. 6189, February 16, 1996, the FCC
               sought comments on proposals for expanding permitted offerings of fixed wireless
               services by Commercial Mobile Radio Service (CMRS) providers, as well as
               comments in connection with the regulatory treatment for such services. The
               Executive Summary indicates comments received in response to the proposed
               rulemaking provided strong support for allowing the provision of fixed wireless


GAO/OGC-96-40

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