[Federal Register Volume 66, Number 64 (Tuesday, April 3, 2001)]
[Rules and Regulations]
[Pages 17638-17639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8157]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[WT Docket No. 99-168; CS Docket No. 98-120; MM Docket No. 00-39; DA 
01-788]


Clearing of the 740-806 MHz Band; Conversion to Digital 
Television; Pleading Cycle Established for Responses to Petitions for 
Reconsideration

AGENCY: Federal Communications Commission.

ACTION: Final rule; deadline for filing oppositions to petitions for 
reconsideration.

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SUMMARY: This document informs the public that the deadline for filing 
oppositions to petitions for reconsideration of the Third Report and 
Order in the Commission's 700 MHz band proceeding (published on 
February 14, 2001) is April 10, 2001, and the deadline for filing 
replies to such oppositions is April 20, 2001. These are expedited 
deadlines, which are necessary to give the Commission an opportunity to 
provide timely guidance to prospective bidders and incumbent 
broadcasters regarding issues raised by petitions for reconsideration 
in advance of the upcoming auction of licenses in the 747-762 and 777-
792 MHz band (Auction No. 31).

DATES: Oppositions are due on or before April 10, 2001, and replies are 
due on or before April 20, 2001.

ADDRESSES: Parties who choose to file on paper should send an original 
and eight copies of their filing to the Office of the Secretary, 
Federal Communications Commission, TW B204, 445 12th Street, SW., 
Washington, DC 20554. In addition, parties should send two copies to: 
Nese Guendelsberger, Legal Branch, Auctions and Industry Analysis 
Division, Wireless Telecommunications Bureau, Federal Communications 
Commission, 445 12th St. SW., Washington, DC 20554 (or via e-mail 
([email protected]), preferably in .pdf format), and one copy to ITS, 
Room CY-B400, 445 12th Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau: 
Nese Guendelsberger, (202) 418-0660, 
e-mail: [email protected], or Bill Huber, (202) 418-0660, e-mail: 
[email protected]. Mass Media Bureau: Gordon Godfrey, (202) 418-2193, 
e-mail: [email protected], or Clay Pendarvis, (202) 418-1600, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of a Public Notice 
released March 29, 2001. The complete text of the Public Notice is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (CY-A257), 445 12th Street, SW., Washington, 
DC. It may also be purchased from the Commission's copy contractor, 
International Transcription Service, Inc. (ITS, Inc.), Room CY-B400, 
445 12th Street, SW., Washington, DC 20554, (202) 837-3800. It is also 
available on the Commission's web site at http://www.fcc.gov.
    1. Notice is hereby given that the parties listed have petitioned 
the Commission for reconsideration and clarification of the Third 
Report and Order in WT Docket No. 99-168, CS Docket No. 98-120, and MM 
Docket No. 00-39, FCC 01-25, released January 23, 2001. See 66 FR 10204 
(February 14, 2001). In the Third Report and Order, the Commission 
adopted mechanisms and made determinations intended to facilitate the 
clearing of the 740-806 MHz band to allow for the introduction of new 
wireless services, and to promote the early transition of analog 
television licensees to digital television service.
    2. In light of the upcoming auction of licenses in the 747-762 and 
777-792 MHz band (Auction No. 31), which is scheduled to commence on 
September 12, 2001, good cause exists in this instance to alter the 
periods specified in Sec. 1.429 of the Commission's rules, 47 CFR 
1.429, for the filing of oppositions to petitions for reconsideration 
and replies to oppositions. The petitions filed by the parties listed 
seek reconsideration or clarification of a number of the policies and 
procedures adopted in the Third Report and Order, which are relevant to 
the transition of the 746-806 MHz band from broadcast to wireless uses. 
An expedited schedule will give the Commission an opportunity to 
provide timely guidance regarding these issues to prospective bidders 
and incumbent broadcasters in advance of Auction No. 31. Accordingly, 
oppositions to petitions for reconsideration of the Third Report and 
Order shall be filed no later than April 10, 2001, and replies to 
oppositions will be due no later than April 20, 2001.

[[Page 17639]]

Procedural Matters

    3. Parties submitting oppositions or replies should address the 
issues raised in the petitions for reconsideration in light of the 
relevant statutory requirements, procedures, and public interest 
considerations. All responsive filings should reference the docket 
numbers of this proceeding, i.e., WT Docket No. 99-168, CS Docket No. 
98-120, and MM Docket No. 00-39.
    4. This proceeding has been designated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentations must reflect the substance of the 
presentations and not merely list 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.
    5. Parties may obtain copies of the Third 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 Street, 
SW., Washington, DC 20554. Copies of the petitions are also available 
from ITS, Room CY-B400, 445 12th Street, SW., Washington, DC 20554, or 
by calling (202) 857-3800.
    6. 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. Each filing should be submitted 
into each of the following dockets: 99-168, 98-120, and 00-39. In 
completing the transmittal screen, parties should include their full 
name and Postal Service mailing address. Parties may also submit an 
electronic filing by Internet e-mail. To get filing instructions for e-
mail filings, parties should send an e-mail message to [email protected], 
including ``get form to your e-mail address>'' in the body of the 
message. A sample form and directions will be sent in response.
    7. Listed are the parties filing Petitions for Reconsideration and 
Clarification in WT Docket No. 99-168, CS Docket No. 98-120, and MM 
Docket No. 00-39:
    (i) Association for Maximum Service Television, Inc. (March 16, 
2000)
    (ii) Spectrum Clearing Alliance (March 16, 2000) (joint filing of 
broadcasters and other entities interested in band clearing policies)
    (iii) Spectrum Exchange Group, LLC (March 16, 2000)

Federal Communications Commission.
Margaret Wiener,
Chief, Auctions and Industry Analysis Division, WTB.
[FR Doc. 01-8157 Filed 3-30-01; 10:07 am]
BILLING CODE 6712-01-P