[Federal Register Volume 73, Number 66 (Friday, April 4, 2008)]
[Notices]
[Pages 18528-18529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7058]


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FEDERAL COMMUNICATIONS COMMISSION

[FCC 08-92; WT Docket No. 05-211]


In the Matter of Implementation of the Commercial Spectrum 
Enhancement Act and Modernization of the Commission's Competitive 
Bidding Rules and Procedures

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In the Second Order on Reconsideration of the Second Report 
and Order the Commission addresses a petition for reconsideration of 
the Commission's Second Report and Order concerning the Implementation 
of the Commercial Spectrum Enhancement Act and Modernization of the 
Commission's Competitive Bidding Rules and Procedures.

FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau, 
Auctions and Spectrum Access Division: Stephen Johnson at (202) 418-
0660.

[[Page 18529]]


SUPPLEMENTARY INFORMATION: This is a summary of the Second Order on 
Reconsideration of the Second Report and Order released on March 26, 
2008. The complete text of the Second Order on Reconsideration of the 
Second Report and Order is available for public inspection and copying 
from 8 a.m. to 4:30 p.m. ET Monday through Thursday or from 8 a.m. to 
11:30 a.m. ET on Fridays in the FCC Reference Information Center, 
Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. 
The Second Order on Reconsideration of the Second Report and Order may 
be purchased from the Commission's duplicating contractor, Best Copy 
and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, telephone 202-488-5300, facsimile 202-488-
5563, or you may contact BCPI at its Web site: http://www.BCPIWEB.com. 
When ordering documents from BCPI, please provide the appropriate FCC 
document number, for example, FCC 08-92. The Second Order on 
Reconsideration of the Second Report and Order is also available on the 
Internet at the Commission's Web site: http://wireless.fcc.gov/auctions.

Overview

    1. The Second Order on Reconsideration of the Second Report and 
Order formally denies a Petition for Expedited Reconsideration 
(Petition) filed by Council Tree Communications, Inc., Bethel Native 
Corporation, and the Minority Media and Telecommunications Council 
(collectively, the Joint Petitioners).
    2. The Petition sought reconsideration of various Commission 
decisions made in the Second Report and Order released on April 25, 
2006, FR 71, 26245 (May 4, 2006), which modified the Commission's part 
1 competitive bidding rules governing designated entities, including 
rules on eligibility for benefits and unjust enrichment. Joint 
Petitioners filed their Petition on May 5, 2006. On June 2, 2006, prior 
to the deadline for filing petitions for reconsideration of the Second 
Report and Order, the Commission released, sua sponte, an Order on 
Reconsideration, FR 71 34262 (June 14, 2006), which considered and 
rejected the arguments included in the Petition without formally 
denying the Petition.
    3. In a July 2006 letter to the Commission, Joint Petitioners 
stated that the Commission had already decided the merits of the 
Petition and that the Joint Petitioners were no longer seeking 
reconsideration. Accordingly, Joint Petitioners asked that the 
Commission formally dispose of their Petition in order to take the de 
jure action already taken de facto by the Commission. The Commission 
agreed with Joint Petitioners that it had already decided the merits of 
the Petition in the Order on Reconsideration and that the Order on 
Reconsideration had conclusively rejected the Joint Petitioners' legal 
arguments.
    4. Accordingly, it is ordered that pursuant to Sections 4(i), 5(b), 
5(c)(1), 303(r), and 309(j) of the Communications Act, as amended, 47 
U.S.C. 154(i), 155(b), 155(c)(1), 303(r), and 309(j), the Petition is 
hereby denied.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-7058 Filed 4-3-08; 8:45 am]
BILLING CODE 6712-01-P