[Federal Register Volume 65, Number 41 (Wednesday, March 1, 2000)]
[Notices]
[Pages 11060-11061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4927]


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FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 99-168; DA 00-397]


Notice

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document invites oppositions to petitions for 
reconsideration of the First Report and Order in this proceeding, which 
established service rules for the auction of spectrum on the 700 MHz 
bands, and replies to the oppositions. The accelerated schedule for 
opposition and

[[Page 11061]]

reply comments to these petitions for reconsideration is necessary to 
expedite resolution of issues affecting the auction beginning May 10, 
2000.

DATES: Submit oppositions on or before March 10, 2000, submit reply on 
or before March 17, 2000.

ADDRESSES: Send oppositions and replies to the Office of the Secretary, 
Federal Communications Commission, Washington, DC 20554. Oppositions 
and replies may be sent as an electronic file via the Internet to 
http://www.fcc.gov/e-file/ecfs.html, or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Stan Wiggins, 202-418-1310.

SUPPLEMENTARY INFORMATION:
    1. Notice is hereby given that the parties listed below have 
petitioned the Commission for reconsideration of the First Report and 
Order in WT Docket No. 99-168. (65 FR 3139, January 20,2000.) The First 
Report and Order established service rules for the auction of spectrum 
on the 700 MHz bands, that is scheduled to commence May 10, 2000. The 
auction schedule in turn reflects the Congressional mandate that 
receipts from auctioning this spectrum be deposited into the U.S. 
Treasury by September 30, 2000. (See Public Law. 106-113, 113 Stat. 
1501, Appendix E, Section 213. See also 145 Cong. Rec. at H12494, 
H12501 ((Nov. 17, 1999)), ``Making consolidated appropriations for the 
fiscal year ending September 30, 2000, and for other purposes.'')
    2. In light of the auction schedule necessary to implement the 
Congressional mandate, and the separate statutory requirement that 
interested parties have a sufficient time after issuance of bidding 
rules ``to develop business plans, assess market conditions, and 
evaluate the availability of equipment for the relevant services'' (See 
47 U.S.C. 309(j)(3)(E)(ii). the Wireless Telecommunications Bureau has 
determined that good cause exists in this instance to alter the periods 
specified in Sec. 1.429 of the Commission's Rules for oppositions and 
replies to petitions for reconsideration. (See 47 CFR 0.331 ((authority 
delegated to Wireless Telecommunications Bureau)); 47 CFR 1.3 
((suspension, amendment, and waiver of Commission Rules)). See also 5 
U.S.C. 553((b))((B).)The bidding rules for the auction have been 
announced. Auction of Licenses in the 747-762 and 777-792 MHz Bands, 
Auction Notice and Filing Requirements for 12 Licenses in the 700 MHz 
Bands, Auction Scheduled for May 10, 2000, DA 00-292 ((Feb. 18, 2000)).
    3. Preliminary review of the petitions indicates they raise certain 
issues that potentially affect petitioners' decision whether to 
participate in the auction. To preserve the possibility of considering 
and resolving such issues sufficiently in advance of the auction to 
provide timely guidance to prospective bidders, we must close the 
record on reconsideration issues on an expedited schedule. Accordingly, 
oppositions to petitions for reconsideration of the First Report and 
Order shall be filed no later than March 10, 2000, and replies shall be 
filed no later than March 17, 2000.
    4. The list of petitions reflects Commission records as of February 
23, 2000. Any petitions subsequently posted on the ECFS system, or 
received in paper form, that were timely filed will be subject to the 
filing schedule for oppositions and replies adopted herein.

Procedural Matters

    5. Parties submitting oppositions and replies should address the 
petitions for reconsideration in light of the requirements of 47 U.S.C. 
309, 47 CFR 1.429 and any other public interest considerations. All 
oppositions and replies should reference the docket number of this 
proceeding, WT 99-168.
    6. This proceeding has been designated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. 47 CFR 
1.1200(a) and 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. 
See 47 CFR 1.1206(b). 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, 47 CFR 1.1206(b).
    7. Parties may obtain the First Report and Order and petitions for 
reconsideration at the FCC website, http://www.fcc.gov/e-file/ecfs.html. The petitions are also available for public inspection and 
copying in the Reference Center, Room CY A257, 445 12th St., SW, 
Washington, DC 20554. Copies of the petitions are also available from 
ITS at 1231 20th St. NW, Washington, DC 20036, or by calling (202) 857-
3800.
    8. Oppositions to petitions for reconsideration, and replies, may 
be filed using the Commission's Electronic Comment Filing System (ECFS) 
or by filing paper copies. Oppositions and replies filed through the 
ECFS can be sent as an electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html. Generally, only one copy of an electronic 
submission must be filed. In completing the transmittal screen, parties 
should include their full name, Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic opposition or reply by Internet e-mail. To get filing 
instructions for e-mail filings, parties should send an e-mail to 
[email protected], including ``get form your e-mail address> in the body of 
the message. A sample form and directions will be sent in reply.
    9. Interested parties who choose to file by paper must file an 
original and four copies of their filings with the Office of the 
Secretary, Federal Communications Commission, TW B204, 445 12th St. SW 
Washington, DC 20554. In addition, parties should send two copies to 
Stan Wiggins, Policy Division, Wireless Telecommunications Bureau, 
Federal Communications Commission, 445 12th St. SW Washington, DC 
20554, and one copy to ITS, at 1231 20th Street, NW, Washington, DC 
20036.

Parties Filing Petitions for Reconsideration in WT Docket 99-168

Adaptive Broadband Corporation (Feb. 22, 2000)
ArrayComm, Inc. (Feb. 22, 2000)
Association of Local Television Stations, Inc. (Feb. 22, 2000)
Association of Public-Safety Communications Officials-International, 
Inc. (Feb. 22, 2000)
Association for Maximum Service Television, Inc. (Feb. 22, 2000)
National Association of Broadcasters (Feb. 22, 2000)
Nelson Repeater Services, Inc. (Feb. 22, 2000)
Northcoast Communications, LLC (Feb. 7, 2000)
Rand McNally & Company (Feb. 22, 2000)
TRW Inc. (Feb. 11, 2000)
U.S. GPS Industry Council (Feb. 22, 2000)
US WEST Wireless, LLC (Feb. 3, 2000)

Federal Communications Commission.
Kris A. Monteith,
Chief, Policy Division, Wireless Telecommunications Bureau.
[FR Doc. 00-4927 Filed 2-29-00; 8:45 am]
BILLING CODE 6712-01-P