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GAO-05-107R 1 (2004-12-03)

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       Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-294894


          December 3, 2004

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

          The Honorable Joe Barton
          Chairman
          The Honorable John D. Dingell
          Ranking Minority Member
          Committee on Energy and Commerce
          House of Representatives

          Subject: Federal Communications Commission: Private Land Mobile Services; 800
                  MHz Public Safety Interference Proceeding

          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 (FCC), entitled
          Private Land Mobile Services; 800 MHz Public Safety Interference Proceeding (FCC
          04-168). We received the rule on September 10, 2004. It was published in the
          Federal Register as a final rule on November 22, 2004. 69 Fed. Reg. 67823.

          The final rule addresses the problem of increasing instances of interference to the
          800 MHz public safety communications systems. The final rule holds the involved
          Enhanced Specialized Mobile Radio and cellular telephone licensees responsible
          for abating interference by the application of a variety of technical remedies.

          This rulemaking was the subject of a recent decision of our Office. Whether the
          Federal Communications Commission s Order on Improving Public Safety
          Communications in the 800 MHz Band Violates the Antideficiency Act or the
          Miscellaneous Receipts Statute, B-303413, November 8, 2004. We found that neither
          statute was violated.

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


GAO-05-107R

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