[Federal Register Volume 67, Number 222 (Monday, November 18, 2002)]
[Notices]
[Pages 69529-69531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28891]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 02-2752]


Verification of ITFS, MDS, and MMDS Pending Legal Matters

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document the Federal Communications Commission, 
(Commission), Wireless Telecommunications Bureau, seeks to verify ITFS, 
MDS, and MMDS legal matters pending in the Broadband Licensing System. 
The Commission is requesting that all ITFS, MDS and MMDS licensees, 
applicants, and other parties with pending legal pleadings review and 
verify the legal pleadings information in the released Appendix. Also, 
the Commission is requesting that ITFS, MDS, and MMDS licensees and 
applicants submit written requests for continued processing for all 
legal pleadings filed prior to March 25, 2002. Finally, at the 
Commission will close the review and verification period on December 
17, 2002.

DATES: Comments are due on or before December 18, 2002 and reply 
comments are due on or before January 2, 2003.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., TW-
A325, Washington, DC 20554. See Supplementary Information for filing 
instructions.

FOR FURTHER INFORMATION CONTACT: John J. Schauble, Chief, Policy and 
Rules Branch, Kim Varner, Esq., Policy and Rules Branch, Public Safety 
and Private Wireless Division, or Stephen Svab, Esq., Policy and Rules 
Branch, Public Safety and Private Wireless Division at (202) 418-0680

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public

[[Page 69530]]

Notice, DA 02-2752, released on October 18, 2002. The full text of this 
document is available for inspection and copying during normal business 
hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC 
20554. The complete text may be purchased from the Commission's copy 
contractor, Qualex International, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554. The full text may also be downloaded at: http://www.fcc.gov. Alternative formats are available to persons with 
disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202) 
418-7365 or at [email protected].
    On March 25, 2002, the Wireless Telecommunications Bureau (WTB) 
became responsible for the administration of the Instructional 
Television Fixed Service (ITFS), the Multipoint Distribution Service 
(MDS), and the Multichannel Multipoint Distribution Service (MMDS) 
(collectively, the Services). Prior to March 25, 2002, the Services 
were administered by the former Mass Media Bureau using the Broadband 
Licensing System (BLS) as the licensing database for the Services. As 
part of the transition process, WTB seeks to ensure that it has a 
complete and accurate list of all pending ITFS, MDS, and MMDS pending 
legal matters. In order to facilitate this process WTB is requesting 
that all ITFS, MDS and MMDS licensees, applicants and other parties 
with pending pleadings relating to those services review and verify the 
information contained in the attached appendix. In addition, in order 
to process efficiently all pending petitions, and other requests, WTB 
is requesting that applicants and petitioners re-affirm, in writing, 
that continued processing of certain petitions and other legal matters, 
as detailed below is desired.
    It is very important that all ITFS, MDS, and MMDS licensees and 
applicants carefully review this public notice and the appendix hereto. 
Failure to follow the instructions in this public notice may result in 
the dismissal of pending applications and other matters.
    WTB is attaching to the Public Notice an appendix concerning legal 
matters. The Appendix lists all pending ITFS/MDS/MMDS legal matters 
such as petitions to deny, petitions for reconsideration, petitions for 
reinstatement, applications for review, informal complaints, petition 
for declaration for forfeiture, informal requests for action and waiver 
requests. This list of the type of legal matters is not exhaustive, but 
rather is representative of the type of actions on file with WTB.
    Within sixty days of the release of this public notice, petitioners 
with legal pleadings regarding the Services that are pending before the 
Commission (including those pending before its delegated authorities) 
are requested to verify and to act, where appropriate, by reviewing the 
attached Appendix for the following: (1) That its pending pleading(s) 
is/are listed in the Appendix, (2) for petitions with a filing date 
prior to March 25, 2002, that action on the pending pleading(s) is 
still requested, (3) identify those legal proceedings for which the 
Commission's files are incomplete, and (4) verify that all outstanding 
responsive pleadings in a specific matter have been filed.
    If the pleading information listed in the Appendix is accurate, has 
a filing date after March 25, 2002, and there is no indication in the 
Appendix that pleadings are missing from the Commission's files, no 
further action is required. If a pending petition is not listed in the 
Appendix and processing is requested, the petitioner shall submit 
within sixty days of the release of this public notice two date-stamped 
copies of the omitted petition and all related pleadings to the 
Commission, as well as a copy to the opposing party(ies). If sent by 
United States Postal Service first-class mail, Express Mail, and 
Priority Mail, the pleadings should be sent to the following address: 
Office of the Secretary, Attention: MDS/ITFS Legal Matters, Federal 
Communications Commission, 445 12th Street SW., TW-325, Washington, DC 
20554.
    Hand-delivered or messenger-delivered documents for the 
Commission's Secretary are accepted only by the Commission's 
contractor, Vistronix, Inc., at 236 Massachusetts Avenue, NE., Suite 
110, Washington, DC 20002. The filing hours at this location are 8 a.m. 
to 7 p.m. All hand deliveries must be held together with rubber bands 
or fasteners. Any envelopes must be disposed of before entering 236 
Massachusetts Avenue, NE. Other messenger-delivered documents, 
including documents sent by overnight mail (other than United States 
Postal Service Express Mail and Priority Mail) should be addressed for 
delivery to 9300 East Hampton Drive, Capitol Heights, MD 20743. All 
filings must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission.
    In addition, for all pending legal matters with a filing date prior 
to March 25, 2002, the party that filed such pleading or request (or 
its successor-in-interest) must request within sixty days of the 
release date of this public notice, in writing, that we continue 
processing such legal matter. Such party(ies) shall file a letter 
indicating their continued interest in prosecuting the matter to the 
addresses indicated above in this subsection. Otherwise, the matter 
will be deemed dismissed with prejudice.
    Also, the Appendix lists certain legal proceedings for which the 
Commission does not have complete files. With respect to those 
proceedings, both the petitioner and the respondent are required within 
sixty days of the release of this public notice to submit two date-
stamped copies of all missing pleadings within their possession because 
the Commission's files in these cases are incomplete. Copies of 
pleadings should be filed to the addresses indicated previously in this 
paragraph.
    Finally, if a responsive pleading to a legal matter remains 
outstanding, the respondent must file said pleading within sixty days 
from the date of this public notice. We are taking this action because 
we note that there are several pending motions for extension of time to 
file oppositions or replies to various pleadings. We believe the public 
interest would best be served by requiring the submission of all 
responsive pleadings in order to expedite the resolution of those 
pending matters. By this public notice, we hereby set sixty days from 
the release date of this public notice as the date for filing all 
responsive pleadings in cases involving ITFS/MDS/MMDS applications or 
licenses for which pending motions for extension of time have been 
filed. Such parties shall file the responsive pleading(s) to the 
addresses indicated above in this subsection. Absent highly unusual 
circumstances, no further extensions of time are contemplated.

Termination of Review Period

    At the end of the sixty-day review period, WTB will evaluate and 
update, where appropriate, all information received in response to this 
public notice. For any legal matters for which written affirmations 
requesting further processing have not been received, those legal 
matters will be dismissed with prejudice.

Contact Information

    For all questions relating to this Public Notice, contact John J. 
Schauble, Chief, Policy and Rules Branch, Kim Varner, Esq., Policy and 
Rules Branch, Public Safety and Private Wireless Division, or Stephen 
Svab, Esq., Policy and Rules Branch, Public Safety and Private Wireless 
Division at (202) 418-0680.

[[Page 69531]]

FCC Notice Required by the Paperwork Reduction Act

    The public reporting for this collection of information is 
estimated to average .50 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the required data, and completing and reviewing the 
collection of information. If you have any comments on this burden 
estimate, or how we can improve the collection and reduce the burden it 
causes you, please write to the Federal Communications Commission, AMD-
PERM, Paperwork Reduction Project (3060-0893), Washington, DC 20554. We 
will also accept your comments regarding the Paperwork Reduction Act 
aspects of this collection via the Internet if you send them to 
[email protected]. Please Do Not Send Your Response To This Address.
    Remember--You are not required to respond to a collection of 
information sponsored by the Federal government, and the government may 
not conduct or sponsor this collection, unless it displays a currently 
valid OMB control number or if we fail to provide you with this notice. 
This collection has been assigned an OMB control number of 3060-0893.
    The Foregoing Notice is Required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, 44 U.S.C. 3507.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 02-28891 Filed 11-15-02; 8:45 am]
BILLING CODE 6712-01-P