[Federal Register Volume 62, Number 140 (Tuesday, July 22, 1997)]
[Rules and Regulations]
[Pages 39128-39129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19235]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 87-268; DA 97-1481]


Advanced Television Systems and Their Impact on the Existing 
Television Service

AGENCY: Federal Communications Commission.

ACTION: Final rule; petitions for reconsideration.

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SUMMARY: By this Order, we are denying a request from Hogan and 
Hartson, L.L.P., that we consolidate the due date for responses to the 
petitions for reconsideration of the Sixth Report and Order in MM 
Docket No. 87-268, 62 FR 26684, with the due date that will be 
established for responses to any supplemental filings relating to 
channel change requests that we may receive under the procedure we 
established recently for such filings. In denying this request, we are 
concerned that extending the time for filing responses to the petitions 
for reconsideration to consolidate those responses with responses any 
supplemental filings we may receive would serve to delay the final 
resolution of issues relating to the allotment of DTV channels.

DATES: Responses to petitions for reconsideration of the Sixth Report 
and Order in this proceeding are due July 18, 1997. Supplemental 
filings relating to petitions for reconsideration of the Sixth Report 
and Order that request changes to DTV allotments are due August 22, 
1997.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
Room 222, 1919 M Street, N.W., Washington, D.C. 20554.

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

SUPPLEMENTARY INFORMATION:

    1. In the Sixth Report and Order in MM Docket No. 87-268, the 
Commission set forth a Table of Allotments for digital TV (DTV) 
service, rules for initial DTV allotments, procedures for assigning DTV 
allotments to eligible broadcasters, and plans for spectrum recovery, 
62 FR 26684, adopted April 3, 1997, FCC 97-115 (released April 21, 
1997). We received over 200 petitions for reconsideration of various 
aspects of this decision. Oppositions to these petitions are due July 
18, 1997. On July 2, 1997, we issued an Order, DA-1377, 62 FR 37145, 
clarifying our action in that decision with regard to OET Bulletin No. 
69 and providing an additional 45-day period for parties requesting 
reconsideration of individual allotments included in the DTV Table to 
submit supplemental information relating to their petitions. 
Supplemental filings relating to those requests are due on or before 
August 22, 1997. We also released OET Bulletin No. 69 on July 2, 1997, 
concurrent with our Order. As provided under Sec. 1.429(f) of our 
rules, oppositions to the supplements to the petitions for 
reconsideration would normally be due 15 days after the date of public 
notice of the filing of the supplements. See 47 CFR 1.429(f).
    2. On July 9, 1997, Hogan and Hartson, L.L.P. (Hogan & Hartson) 
requested that we consolidate the deadline for filing oppositions to 
the petitions for reconsideration of the Sixth Report and Order with 
the deadline for the filing of oppositions to supplements to those 
petitions for reconsideration. Hogan and Hartson argues that 
consolidation of these two deadlines would streamline the DTV 
proceeding and avoid the filing of two sets of opposition pleadings 
(and replies). It states that a consolidated opposition deadline after 
the date for supplementing petitions would instead permit all parties 
to prepare (and the Commission's staff to review) a single consolidated 
opposition to all petitions, as supplemented. It believes that the 
result would be a more efficient, and less confusing, proceeding.
    3. In a statement filed on July 10, 1997, the Association for 
Maximum Service Television, Inc. (MSTV) and the National Association of 
Broadcasters (NAB) endorse our recent actions releasing OET Bulletin 
No. 69 and providing for limited supplementary filings. MSTV and NAB 
state that we have appropriately provided additional time for 
petitioners that have raised

[[Page 39129]]

questions about specific DTV assignments to supplement their petitions 
in these respects in light of OET Bulletin No. 69. They also state 
that, just as significantly, we did not extend the current deadline for 
filing oppositions and replies with regard to petitions for 
reconsideration. They agree that these deadlines should not be 
extended, noting that OET Bulletin No. 69, because of the narrowness of 
its scope, does not bear materially on general policy issues.
    4. While recognize the arguments that Hogan and Hartson raise with 
regard to the desirability of avoiding multiple filings relating to the 
petitions for reconsideration and any supplemental information that may 
be filed, we are concerned that extending the time allowed for 
responding to the petitions would serve to delay the final resolution 
of issues relating to the allotment of DTV channels. We are 
particularly concerned that providing an extended period of time for 
filing oppositions to the petitions for reconsideration could increase 
uncertainty for broadcasters with regard to our DTV allotment policies 
and the availability of channels and thereby hinder their ability to 
proceed with the rapid introduction of DTV service. We believe that it 
is important that these issues be concluded as expeditiously as 
possible and therefore will proceed in accordance with the schedule and 
procedures for filing oppositions that is currently in place.
    5. Accordingly, it is ordered that, 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, 1.429, Hogan and Hartson's request for 
consolidation of opposition deadlines is denied.

    Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-19235 Filed 7-21-97; 8:45 am]
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