[Federal Register Volume 65, Number 37 (Thursday, February 24, 2000)]
[Notices]
[Pages 9266-9267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4279]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 00-219 and DA 00-273]


Wireless Telecommunications Bureau Seeks Comment on Qualcomm 
Inc.'s Petition for Declaratory Ruling Seeking 700 MHz Band License 
Pursuant to Ruling of U.S. Circuit Court of Appeals

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document the Wireless Telecommunications Bureau 
(Bureau) seeks comment on Qualcomm Inc.'s Petition for Declaratory 
Ruling. The filing deadline is extended to provide interested parties 
with an adequate opportunity to prepare and file meaningful comments in 
this proceeding.

DATES:  Comments are due February 18, 2000 and reply comments are due 
February 25, 2000.

ADDRESSES: Comments should be filed with the Office of the Secretary, 
Federal Communications Commission, Room TW-B204, 445 12th Street, SW, 
Washington, DC, 20554. Comments also should be provided to Nicole Oden, 
Auctions and Industry Analysis Division, Room 4-B551, Wireless 
Telecommunications Bureau, Federal Communications Commission, 445 12th 
Street, SW, Washington, DC, 20554. All comments should reference DA 00-
219.

FOR FURTHER INFORMATION CONTACT: Nicole Oden of the Auctions and 
Industry Analysis Division at (202) 418-0660.

SUPPLEMENTARY INFORMATION:  This is a summary of two Public Notices, DA 
00-219 released February 4, 2000, and DA 00-273 released February 11, 
2000. The complete text of the public notices, including all 
attachments, is available for inspection and copying during normal 
business hours in the FCC Reference Center (Room CY-A257), 445 12th 
Street, SW, Washington, DC. It may also be purchased from the 
Commission's copy contractor, International Transcription Services, 
Inc. (ITS, Inc.) 1231 20th Street, NW, Washington, DC 20036, (202) 857-
3800. It is also available on the Commission's website at http://www.fcc.gov.
    1. QUALCOMM Incorporated (``QUALCOMM'') has filed a Petition for

[[Page 9267]]

Declaratory Ruling pursuant to Sec. 1.2 of the Rules and Regulations of 
the Federal Communications Commission (Commission). QUALCOMM seeks to 
withdraw its pending pioneer's preference request for the A Block 
broadband PCS license in the Southern Florida Major Trading Area and 
substitute for it the 700 MHz band D Block license (752-762 MHz and 
782-792 MHz) in the Southeast Economic Area Grouping 3 (``EAG 3''). 
(See 700 MHz First Report and Order), 65 FR 3139 (January 20, 2000).
    2. QUALCOMM contends that the 700 MHz band D Block license is the 
only immediately available license that will satisfy the mandate of the 
Court of Appeals for the District of Columbia Circuit. (See QUALCOMM 
Inc. v. FCC, 181 F.3rd 1370 (D.C. Cir. 1999)) QUALCOMM submits 
estimates of spectrum value to support its contention.
    3. In a Public Notice (DA 00-219) released on February 4, 2000, the 
Wireless Telecommunications Bureau (Bureau) sought comment on 
QUALCOMM's Petition for Declaratory. Specifically, the Public Notice 
requested that comments addressing any issues raised by QUALCOMM are 
filed on or before February 14, 2000 and reply comments were due on or 
before February 21, 2000. All comments should reference DA 00-219.
    4. Both Bell Atlantic Mobile, Inc. (``BAM'') and U S WEST Wireless 
LLC (``U S WEST'') requested an extension of the deadline for filing 
comments to QUALCOMM's Petition for Declaratory Ruling. These parties 
contend that an extension of the deadline is warranted because of the 
important issues raised and the nature of the analysis required for 
parties to adequately respond.
    5. It is the policy of the Commission that extensions of time shall 
not be routinely granted. (See 47 CFR 1.46) Upon review, however, we 
agree that an extension will afford parties the time to file comments 
that will facilitate the compilation of a more complete record in this 
proceeding, without causing undue delay to the Commission's 
consideration of the issues.
    6. Accordingly, we extend the filing deadline for comments to the 
petition filed by QUALCOMM. Comments addressing any issues raised by 
QUALCOMM must be filed by February 18, 2000, and reply comments are due 
by February 25, 2000. Adoption of these deadlines should provide 
interested parties with an adequate opportunity to prepare and file 
meaningful comments in this proceeding.
    7. In all other respects, the terms and filing instructions set 
forth in the Public Notice released on February 4, 2000 (DA 00-219) 
apply. This proceeding has been designated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules.
(See 47 CFR 1.1200(a), 1.1206) Persons making oral ex parte 
presentations are reminded that memoranda summarizing the presentations 
must contain summaries of the substance of the presentations and not 
merely a listing of the subjects discussed. More than a one or two 
sentence description of the views and arguments presented is generally 
required. Other rules pertaining to oral and written ex parte 
presentations in permit-but-disclose proceedings are set forth in 
Sec. 1.1206(b) of the Commission's rules.
    8. QUALCOMM's petition is available for public inspection and 
copying in the Reference Center, Room CY A257, 445 12th St., SW, 
Washington, DC 20554. Copies of the petition are also available from 
ITS at 1231 20th St., NW, Washington, DC 20036, or by calling (202) 
857-3800.


Federal Communications Commission.
Louis J. Sigalos,
Deputy Chief, Auctions & Industry Analysis Division.
[FR Doc. 00-4279 Filed 2-23-00; 8:45 am]
BILLING CODE 6712-01-P