[Federal Register Volume 67, Number 53 (Tuesday, March 19, 2002)]
[Rules and Regulations]
[Pages 12483-12484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6621]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 27 and 73

[GN Docket No. 01-74; DA 02-607]


Reallocation and Service Rules for the 698-746 MHz Spectrum Band 
(Television Channels 52-59)

AGENCY: Federal Communications Commission.

ACTION: Final rule; deadlines for filing oppositions to petitions for 
reconsideration and replies to oppositions to petitions for 
reconsideration.

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SUMMARY: This document gives notice of petitions for reconsideration of 
the Report and Order in GN Docket No. 01-74, FCC 01-364, concerning the 
reallocation and service rules for the 698-746 MHz spectrum band 
(Television Channels 52-59), and sets an expedited schedule for filing 
oppositions to the petitions for reconsideration and replies to such 
oppositions.

DATES: Oppositions are due on or before March 25, 2002, and replies are 
due on or before April 1, 2002.

ADDRESSES: Oppositions and replies may be filed by paper or 
electronically. If filed by paper by hand delivery, documents should be 
delivered to 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 
20002. If filed by overnight delivery service (other than U.S. Postal 
Service Express and Priority Mail), filings must be received at the 
Commission's headquarters at 445 12th Street, SW, Washington, DC 20554; 
those deliveries will then be diverted to the Commission's Capitol 
Heights facility. Oppositions and replies filed electronically (by 
email or by facsimile) should be done as set forth in this document. In 
addition, one copy of each opposition and reply must be delivered to 
the Commission's duplicating contractor, Qualex International, Portals 
II, 445 12th Street, SW, Room CY-B402, Washington, DC 20554, telephone 
(202) 863-2893, by facsimile (202) 863-2898, or via e-mail at 
[email protected].

FOR FURTHER INFORMATION CONTACT: G. William Stafford, Wireless 
Telecommunications Bureau, at (202) 418-0563, email: [email protected]; 
Michael Rowan, Wireless Telecommunications Bureau, at (202) 418-1883, 
email: [email protected]; or Jamison Prime, Office of Engineering and 
Technology, at (202) 418-1883, email: [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of a Public Notice 
released March 14, 2001. The complete text 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, Qualex International, 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, 
telephone (202) 863-2893. 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 Report and 
Order in GN Docket No. 01-74, FCC 01-364, 67 FR 5491 (February 6, 
2002). In the Report and Order, the Commission adopted allocation and 
service rules for the 698-746 MHz spectrum band (``Lower 700 MHz 
Band''), currently comprising television Channels 52-59, in order to 
reclaim and license this spectrum in accordance with statutory mandate. 
This spectrum is being reclaimed for new commercial services as part of 
the transition of television broadcasting from analog to digital 
transmission systems. The Communications Act of 1934, as amended, 
requires the Commission to assign spectrum reclaimed from

[[Page 12484]]

broadcast television using competitive bidding, and envisions that the 
Commission will conduct an auction of this spectrum by September 30, 
2002.
    2. In light of the upcoming auction of licenses in the Lower 700 
MHz band at 698-746 MHz (Auction No. 44), which is scheduled to 
commence on June 19, 2002, 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 Report and Order, which are relevant to the 
transition of the 698-746 MHz band from broadcasting to new services. 
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. 44. Accordingly, 
oppositions to petitions for reconsideration of the Report and Order 
shall be filed no later than March 25, 2002, and replies to oppositions 
will be due no later than April 1, 2001.

Procedural Matters

    4. 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 
number of this proceeding, i.e., GN Docket No. 01-74.
    5. 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), 1.1206. 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 Section 1.1206(b) of the Commission's 
rules, 47 CFR 1.1206(b).
    6. Parties may obtain copies of the 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 
Qualex International, Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, telephone (202) 863-2893, facsimile (202) 863-
2898, or e-mail at [email protected].
    7. 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 the following docket: GN Docket No. 01-74. 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.
    8. Due to the threat of contamination that resulted in the 
disruption of regular mail, the Commission released on November 29, 
2001, an Order, temporarily amending certain procedural rules on an 
emergency basis. Oppositions to petitions for reconsideration and 
replies thereto must be filed electronically (i.e., by e-mail or 
facsimile), or by hand delivery to the Commission's Massachusetts 
Avenue location.
    9. If filed electronically by e-mail, oppositions to petitions for 
reconsideration and replies thereto shall be filed at the following e-
mail address: [email protected]. Please also copy (CC) G. William 
Stafford at [email protected], Michael J. Rowan at [email protected], and 
Jamison Prime at [email protected]. For security purposes, we recommend 
that documents filed via electronic mail be converted to PDF format.
    10. If filed by facsimile, oppositions to petitions for 
reconsideration and replies thereto shall be faxed to 202-418-0187. The 
fax transmission should include a cover sheet listing contact name, 
phone number and, if available, an e-mail address. In addition to the 
official filing, please also fax copies to G. William Stafford, Room 4-
A124, Policy and Rules Branch, Commercial Wireless Division, Wireless 
Telecommunications Bureau, Michael J. Rowan, Room 4-A131, Policy and 
Rules Branch, Commercial Wireless Division, Wireless Telecommunications 
Bureau, and Jamison Prime, Room 4-A734, Office of Engineering and 
Technology, at (202) 418-7447.
    11. If filed by hand delivery, documents shall be delivered to 236 
Massachusetts Avenue, NE, Suite 110, Washington DC 20002. Please 
address documents to the Secretary, and copies thereof to the attention 
of G. William Stafford, Room 4-A124, Policy and Rules Branch, 
Commercial Wireless Division, Wireless Telecommunications Bureau, 
Michael J. Rowan, Room 4-A131, Policy and Rules Branch, Commercial 
Wireless Division, Wireless Telecommunications Bureau, and Jamison 
Prime, Room 4-A734, Office of Engineering and Technology.
    12. If filed by overnight delivery service (other than U.S. Postal 
Service Express and Priority Mail), filings must be received at the 
Commission's headquarters at 445 12th Street, SW., Washington, DC 
20554. As noted in the October 17 and October 18, 2001 public notices, 
the Commission will divert those deliveries to the Capitol Heights 
facility.
    13. In addition, one copy of each opposition to petitions for 
reconsideration and each reply thereto must be delivered to the 
Commission's duplicating contractor, Qualex International, Portals II, 
445 12th Street, SW, Room CY-B402, Washington, DC 20554, telephone 
(202) 863-2893, by facsimile (202) 863-2898, or via e-mail at 
[email protected].
    14. Listed are the parties filing petitions for reconsideration and 
clarification of the Report and Order in GN Docket No. 01-74:
    Spectrum Clearing Alliance (by Paxson Communications Corporation) 
(February 5, 2002); Supplement to Petition (March 8, 2002).
    KM Communications, Inc. (March 6, 2002).
    Office of the Chief Technology Officer, Government of the District 
of Columbia (March 8, 2002).
    Access Spectrum, LLC (March 8, 2002).
    Spectrum Exchange Group, LLC and Allen & Company Incorporated 
(March 8, 2002).
    The WB Television Network (March 8, 2002).
    Pappas Telecasting of America, a California Limited Partnership, 
and Iberia Communications, LLC (Joint Petition) (March 8, 2002).
    Univision Television Group, Inc. (March 8, 2002).

Federal Communications Commission.
William W. Kunze,
Chief, Wireless Telecommunications Bureau, Commercial Wireless 
Division.
[FR Doc. 02-6621 Filed 3-18-02; 8:45 am]
BILLING CODE 6712-01-P