[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Rules and Regulations]
[Pages 32240-32241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15519]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 87-268; DA 97-1193]


Advanced Television Systems and Their Impact on the Existing 
Television Service

AGENCY: Federal Communications Commission.

ACTION: Final rule; consolidated petitions for reconsideration.

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SUMMARY: The Commission is allowing parties to submit consolidated 
petitions for reconsideration of the Fifth Report and Order and Sixth 
Report and Order in this proceeding. The Commission is also increasing 
the page limit for such consolidated petitions to 50 pages. This action 
will eliminate the need for filing of duplicative pleadings, reduce the 
burden on responding parties and conserve Commission. Parties preparing 
to submit petitions for reconsideration of either or both of these 
decisions are also advised that they may submit filings addressing only 
one of these decisions or may submit separate filings addressing both 
decisions individually, in accordance with the standard procedures for 
petitions for rule making.

[[Page 32241]]

Filings that address only one decision will continue to be limited to 
25 pages.

DATES: Petitions for reconsideration of the Fifth Report and Order are 
due June 16, 1997; petitions for reconsideration of the Sixth Report 
and Order are due June 13, 1997.

ADDRESSES: Federal Communications Commission, 1919 M Street, NW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Bruce Franca (202-418-2470), Alan 
Stillwell (202-418-2470) or Robert Eckert (202-428-2470), Office of 
Engineering and Technology.

SUPPLEMENTARY INFORMATION:

    1. On April 3, 1997, the Commission adopted two decisions in this 
proceeding: the Fifth Report and Order in MM Docket No. 87-268, FCC 97-
116 and the Sixth Report and Order in MM Docket No. 87-268, FCC 97-115. 
The Fifth Report and Order established service rules for digital 
television (DTV); the Sixth Report and Order established a DTV Table of 
Allotments, rules for the initial DTV allotments; procedures for 
assigning for DTV channels, and plans for spectrum recovery.
    2. On May 29, 1997, the Association for Maximum Service Television, 
Inc. (MSTV) submitted a motion seeking permission to file a single 
petition for reconsideration of the Fifth and Sixth Reports and Orders 
that would exceed the 25-page limitation set forth in Sec. 1.429(d) of 
the Commission's rules, 47 CFR 1.429(d). MSTV states that as evidenced 
by the numerous passages in the decisions that refer back to the 
separate decisions, the Commission's decisions with respect to many DTV 
service rule and allotment/assignment issues are interrelated and 
cannot be meaningfully assessed in isolation. It therefore submits that 
one petition addressing both the Fifth and Sixth Reports and Orders 
will provide an efficient means of responding to these decisions and 
also provide the Commission with the most studied and accurate response 
and information possible. It further states that a thoughtful 
discussion in a single document of both DTV service rule and allotment/
assignment issues will necessitate exceeding the 25-page limitation.
    3. We recognize MSTV's position that many of the issues addressed 
in the Fifth and Sixth Reports and Orders are interrelated and that it 
may be more efficient for parties to respond to these decisions in a 
single, consolidated petition for reconsideration. In this case, a 
single filing could eliminate the need for duplicative pleadings, 
reduce the burden on responding parties and conserve Commission 
resources. Thus, we find that there is good cause for granting MSTV's 
motion for permission to file a single petition that addresses both 
decisions. Although we do not routinely grant extensions of the page 
limits for pleadings filed with the Commission (see 47 CFR 1.48(b)), we 
find that, given the number and complexity of the issues addressed in 
the Fifth and Sixth Reports and Orders, it is reasonable and 
appropriate to allow a single petition for reconsideration addressing 
both decisions to exceed the 25 page limit set forth in Sec. 1.429(d). 
We also believe that a limit of 50 pages is appropriate for such 
consolidated filings. Accordingly, we are allowing all interested 
parties to submit consolidated petitions for rule making of the Fifth 
and Sixth Reports and Orders and are increasing the page limit for such 
petitions to 50 pages. Parties preparing to submit petitions for 
reconsideration of either or both of these decisions are also advised 
that they may submit filings addressing only one of these decisions or 
may submit separate filings addressing both decisions individually, in 
accordance with the standard procedures for petitions for rule making. 
Filings that address only one decision will continue to be limited to 
25 pages.
    4. Accordingly, it is ordered, pursuant to Secs. 4(i) and 303(r) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 
303(r), and Secs. 0.31, 0.241, 1.3, and 1.429 of the Commission's 
Rules, 47 CFR 0.31, 0.241, 1.3, and 1.429, that the motion of the 
Association for Maximum Service Television, Inc. that we permit the 
filing of consolidated petitions for reconsideration of the Fifth 
Report and Order and the Sixth Report and Order in MM Docket No. 87-268 
and extend the page limit for such consolidated petitions is granted, 
as indicated above.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-15519 Filed 6-12-97; 8:45 am]
BILLING CODE 6712-01-P