[Federal Register Volume 67, Number 78 (Tuesday, April 23, 2002)]
[Proposed Rules]
[Pages 19732-19733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9871]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM 95-31; DA 02-804]


Reexamination of the Comparative Standards for Noncommercial 
Educational Applicants; Association of America's Public Television 
Stations' Motion for Stay of Low Power Television Auction (No. 81)

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; extension of comment period.

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SUMMARY: In this document, the Media Bureau of the Commission extends 
the deadline for filing comments and reply comments. The Bureau takes 
this action upon the motion of several interested parties. A brief 
extension of time will provide the public additional time to consider 
the difficult legal and policy issues at stake in the proceeding, and 
will not compromise the timely resolution of those issues.

DATES: Comments are due on or before May 15, 2002; reply comments are 
due on or before June 17, 2002.

FOR FURTHER INFORMATION CONTACT: Eric Bash, Policy Division, Media 
Bureau, (202) 418-2130 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's 
Order in MM 95-31; DA 02-804, adopted April 9, 2002 and released April 
9, 2002. The complete text of this Order is available for inspection 
and copying during normal business hours in the FCC Reference Center, 
Room CY-A257, 445 12th Street, SW., Washington, DC and may also be 
purchased from the Commission's copy contractor, Qualex International, 
Portals II, 445 12th Street SW., Room CY-B-402, Washington, DC 20554, 
telephone (202) 863-2893, facsimile (202) 863-2898, or via e-mail

[[Page 19733]]

[email protected]. Comments 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. If multiple docket or rulemaking numbers appear in the 
caption of this proceeding, however, commenters must transmit one 
electronic copy of the comments to each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, 
commenters should include their full name, U.S. Postal Service mailing 
address, and the applicable docket or rulemaking number. Parties may 
also submit an electronic comment by Internet e-mail. To get filing 
instructions for e-mail comments, commenters should send an e-mail to 
[email protected], and should include the following words in the body of the 
message, ``get form your e-mail address> .'' A sample form and 
directions will be sent in reply. Parties who choose to file by paper 
must file an original and four copies of each filing. If more than one 
docket or rulemaking number appear in the caption of this proceeding, 
commenters must submit two additional copies for each additional docket 
or rulemaking number. Filings can be sent by hand or messenger 
delivery, by commercial overnight courier, or by first-class or 
overnight U.S. Postal Service mail (although we continue to experience 
delays in receiving U.S. Postal Service mail). The Commission's 
contractor, Vistronix, Inc., will receive hand-delivered or messenger-
delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries 
must be held together with rubber bands or fasteners. Any envelopes 
must be disposed of before entering the building. Commercial overnight 
mail (other than U.S. Postal Service Express Mail and Priority Mail) 
must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. 
U.S. Postal Service first-class mail, Express Mail, and Priority Mail 
should be addressed to 445 12th Street, SW., Washington, DC 20554. All 
filings must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission.

Synopsis of Order

    1. Before the Media Bureau is the Motion for Extension of Time 
(``Motion''), filed by the Station Resources Group, National Public 
Radio, Association of America's Public Television Stations, the 
National Federation of Community Broadcasters, on behalf of themselves 
and their members, and the Corporation for Public Broadcasting 
(collectively, ``Petitioners''). By this Order, the Media Bureau grants 
the Motion.
    2. This docket has involved a series of notices and orders on the 
licensing of spectrum to noncommercial educational (``NCE'') broadcast 
stations. Most recently, the Commission issued the Second Further 
Notice of Proposed Rulemaking (``2FNPRM''), 67 FR 9945 (March 5, 2002), 
in this proceeding to seek comment on how to allocate and license 
spectrum that the Commission has not reserved specifically for NCE 
stations. In taking this action, the Commission responded to the 
decision of the U.S. Court of Appeals for the D.C. Circuit in National 
Public Radio v. FCC, which vacated the Commission's prior decision to 
resolve mutually exclusive applications for such ``non-reserved'' 
spectrum via competitive bidding, even when NCE stations had filed one 
or more of the applications. The 2FNPRM established April 15, 2002 as 
the deadline for interested parties to file comments on new mechanisms 
to allocate and license non-reserved spectrum, and May 15, 2002 as the 
deadline for interested parties to file replies.
    3. The Petitioners request the Media Bureau to extend the comment 
deadline by thirty days, until May 15, 2002. The Petitioners state that 
the Commission only provided the public forty-five days to comment on 
``a difficult issue of statutory interpretation and communications 
policy'' that ``the Commission has been trying to resolve for many 
years. A brief extension of time is requested in order to permit 
various interested parties to work together to formulate an approach 
that will successfully resolve these issues.'' The Media Bureau has not 
received any opposition to the Motion.
    4. Because delay in resolving this proceeding causes delay in 
allocating and licensing non-reserved spectrum in which both commercial 
and NCE stations have an interest, timely completion of this proceeding 
is especially important. At the same time, as Petitioners note, the 
question presented here is particularly difficult and its resolution is 
of vital concern to future applicants for NCE stations. Petitioners 
appear to be working together to fashion a consensus recommendation, 
and this could be very useful to the Commission in resolving this 
longstanding matter. In addition, the extension requested is for a 
relatively short period of time, and should not compromise the timely 
resolution of the proceeding. Good cause thus exists for, and the 
public interest would be served by, grant of Petitioners' Motion. 
Accordingly, the comment deadline in this proceeding is extended until 
May 15, 2002, and the reply comment deadline is extended until June 17, 
2002.
    5. Pursuant to Sec. 1.46 of the Commission's rules, Petitioners' 
Motion is granted.
    6. This action is taken pursuant to authority delegated by 
Sec. 0.283 of the Commission's rules, 47 CFR 0.283.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 02-9871 Filed 4-22-02; 8:45 am]
BILLING CODE 6712-01-P