[Federal Register Volume 68, Number 10 (Wednesday, January 15, 2003)]
[Notices]
[Pages 2048-2049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-811]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 02-3371]


Wireless Telecommunications Bureau Seeks To Verify ITFS, MDS, and 
MMDS License Status and Pending Applications; Requests for Extension of 
Response Date Filed by Troutman Sanders LLP and the Wireless 
Communications Association International/The National ITFS Association

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Federal Communications Commission (FCC) 
extends the time until February 3, 2003 for all Instructional 
Television Fixed Service, Multipoint Distribution Service, and 
Multichannel Multipoint Distribution Service licensees to respond to 
the October 18, 2002 Public Notice requiring all Instructional 
Television Fixed Service (ITFS), Multipoint Distribution Service (MDS), 
and Multichannel Multipoint Distribution Service (MMDS) (collectively, 
the ``Services'') licensees and applicants to verify licensing 
information and associated technical data, and submit required 
corrections.

FOR FURTHER INFORMATION CONTACT: Legal Matters: contact John J. 
Schauble, Chief, Policy and Rules Branch, Public Safety and Private 
Wireless Division, at (202) 418-0680.
    For all questions regarding data corrections, and how to file those 
corrections, contact the Licensing Support Hotline at 1-888-225-5322 
and select option 2.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
DA 02-3371, released on December 5, 2002. The full text of this 
document is available for inspection and copying during normal business 
hours in the Federal Communications Commission Reference Center, 445 
12th Street, SW., Washington, DC 20554. The complete text may be 
purchased from the Federal Communications 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].
    1. On October 18, 2002, 67 FR 69010, November 14, 2002, the 
Wireless Telecommunications Bureau (WTB or Bureau) required all 
Instructional Television Fixed Service (ITFS), Multipoint Distribution 
Service (MDS), and Multichannel Multipoint Distribution Service (MMDS) 
(collectively, the ``Services'') licensees and applicants in the 
Services to review licensing information and associated technical data. 
Specifically, licensees and applicants in the Services were required to 
verify the available information concerning their licenses and 
applications, make any necessary corrections concerning that data, and, 
under certain circumstances, submit corrections or responses to that 
data by December 17, 2002.
    2. On November 25, 2002, the law firm of Troutman Sanders LLP 
requested a sixty-day extension of time, on behalf of several wireless 
cable clients, to comply with the BLS License Inventory Public Notice. 
On November 27, 2002, the Wireless Communications Association 
International and the National ITFS Association (WCA/NIA) jointly filed 
a similar request. For the reasons stated below, the FCC grants the 
requests in part and extends the time to respond to the BLS License 
Inventory Public Notice until February 3, 2003.
    3. In their requests, Troutman Sanders and WCA/NIA argue that the 
process of reviewing the FCC's licensing records regarding the Services 
and preparing corrections is taking far longer than the Bureau 
anticipated because the vast majority of records require corrections or 
additional information. WCA/NIA assert that there are a limited number 
of people with the necessary experience with the MDS and ITFS licensing 
processes to evaluate the FCC's licensing records, determine whether 
corrections are needed, and prepare the necessary changes. WCA/NIA also 
represent that many ITFS licensees will be closed from the middle of 
December through the middle of January because of the holiday season.
    4. Although the FCC does not routinely grant extensions of time, 
the importance of ensuring that the FCC's licensing records are 
accurate, and the challenges that licensees and applicants in the 
Services are facing, indicate that an extension of the December 17, 
2002 deadline is appropriate. The FCC does not believe, however, that a 
sixty-day extension is warranted. In this connection, the FCC notes 
that electronic application filing has been suspended in the Services. 
The FCC is concerned that delays in the verification of licensing data 
and submission of corrections could unduly hinder the Bureau's efforts 
towards developing accurate licensing records and resuming electronic 
filing in the Services in an expeditious and efficient manner. Based 
upon the record before us, the FCC believes the current extension of 
time would be sufficient to allow licensees and applicants to respond 
to the BLS License Inventory Public Notice and provide any needed 
corrections. The February 3, 2003 date is beyond the mid-December to 
mid-January timeframe in which WCA/NIA identified that many ITFS 
licensees are closed for business. As a result of this extension, 
licensees and applicants in the Services will have had over 100 days to 
review the FCC's licensing records and prepare any necessary 
corrections and responses.

I. Ordering Clauses

    5. Pursuant to section 4(i) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), and Sec.  1.46 of the FCC's rules, 47 CFR 
1.46, that the requests filed by Troutman Sanders LLP on November 24, 
2002 and by the Wireless Communications Association International and 
the National ITFS Association on November 27, 2002 are granted to the 
extent stated herein and are otherwise denied in all other respects.

[[Page 2049]]

    6. Pursuant to section 4(i) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), and Sec.  1.46 of the FCC's rules, 47 CFR 
1.46, and that the time for licensees and applicants to respond to the 
BLS License Inventory Public Notice is extended until February 3, 2003.
    7. This action is taken under delegated authority pursuant to 
Sec. Sec.  0.131 and 0.331 of the FCC's rules, 47 CFR 0.131, 0.331.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-811 Filed 1-14-03; 8:45 am]
BILLING CODE 6712-01-P