**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the matter of                 | *  | WT Docket No. 03-66          |
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| Amendment of Parts 1, 21, 73, 74 | ** | RM-10586                     |
| and 101 of the Commission's      |    |                              |
| Rules to Facilitate the          | *  | WT Docket No. 03-67          |
| Provision of Fixed and Mobile    | *) |                              |
| Broadband Access, Educational    | ** | MM Docket No. 97-217         |
| and Other Advanced Services in   |    |                              |
| the 2150-2162 and 2500-2690 MHz  | *  | WT Docket No. 02-68          |
| Bands                            | *) |                              |
|                                  | ** | RM-9718                      |
| Part 1 of the Commission\'s      |    |                              |
| Rules - Further Competitive      | *  |                              |
| Bidding Procedures               | *) |                              |
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| Amendment of Parts 21 and 74 to  |    |                              |
| Enable Multipoint Distribution   | *  |                              |
| Service and the Instructional    | *) |                              |
| Television Fixed Service         | ** |                              |
| Amendment of Parts 21 and 74 to  |    |                              |
| Engage in Fixed Two-Way          | *  |                              |
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| Amendment of Parts 21 and 74     |    |                              |
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| Instructional Television Fixed   | *  |                              |
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| Gulf of Mexico                   |    |                              |
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+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: January 25, 2005 Released: January 25, 2005**

By the Chief, Broadband Division, Wireless Telecommunications Bureau:

# introduction

1.  On January 24, 2005, the Wireless Communications Association
    International, Inc. (WCA) filed a Motion For Leave to Exceed Page
    Limits in Section 1.429(f)[^1] and 1.429(g)[^2] of the Commission's
    Rules.[^3] For the reasons discussed below, we grant WCA's request.

# background

2.  On July 29, 2004, the Commission released the *Report and Order and
    Further Notice of Proposed Rulemaking* (*R&O and FNPRM*)[^4] in
    which the Commission adopted a new band plan for the 2500-2690 MHz
    band, designated the 2495-2500 MHz band for use in connection with
    the 2500-2690 MHz band, established a plan to transition licensees
    to the restructured 2500-2690 MHz band, adopted licensing, service,
    and technical rules to govern licensees in the Broadband Radio
    Service (BRS)[^5] and Educational Broadband Service (EBS),[^6]
    permitted spectrum leasing for BRS and EBS licensees under the
    Commission's secondary markets leasing policies and procedures, and
    permitted unlicensed operation in the 2655-2690 MHz band. The *R&O
    and FNPRM* was published in the Federal Register on December 10,
    2004[^7] and petitions for reconsideration were due on January 10,
    2005.[^8]

3.  On December 30, 2004, WCA filed a Motion For Leave to Exceed Page
    Limit in Section 1.429(d)[^9] of the Commission's Rules.[^10] On
    January 5, 2005, the Broadband Division of the Wireless
    Telecommunications Bureau (Division) granted WCA's request stating
    that the complexity of the issues presented in the *R&O* may require
    greater discussion than the typical Commission order.[^11]
    Specifically, the Division stated that a page limit of 50 pages was
    appropriate for petitions for reconsideration in this
    proceeding.[^12]

# discussion

4.  Section 1.429(f) of the Commission's Rules prohibits oppositions to
    petitions for reconsideration from exceeding 25 double-spaced
    typewritten pages, while Section 1.429(g) of the Commission's Rules
    prohibits replies to oppositions to petitions for reconsideration
    from exceeding ten pages. In light of the number of petitions for
    reconsideration filed in this proceeding, WCA requests that it be
    permitted to file a consolidated opposition to all of the petitions
    for reconsideration and/or a consolidated reply to all oppositions
    filed during the reconsideration phase of this proceeding.[^13] WCA
    has demonstrated good reasons to extend the page limits in the
    current proceeding. Specifically, WCA notes that 21 petitions for
    reconsideration have been timely filed in this proceeding.[^14] WCA
    further notes that permitting all interested parties to file
    consolidated oppositions and replies would permit the parties to
    address the complex legal and technical issues raised and would
    reduce the quantity of paperwork filed with the Commission.[^15]

5.  We agree that permitting interested parties to exceed the page limit
    and file consolidated oppositions and replies instead of individual
    oppositions and replies would not only reduce the amount of paper
    filed, but would also assist Commission staff in analyzing the
    issues. We find that the complexity of the issues presented in the
    *R&O* and the number of petitions filed in this proceeding may
    require greater discussion than the typical Commission order. We
    believe that a page limit of 50 pages is appropriate for oppositions
    to petitions for reconsideration and a page limit of 20 pages is
    appropriate for replies in this proceeding.

# Conclusion and ORder Clauses

6.  We grant WCA's motion and extend the page limits applicable to
    oppositions to petitions for reconsideration of the Commission's
    *R&O* to 50 pages. We further grant WCA's motion and extend the page
    limits applicable to replies to oppositions to petitions for
    reconsideration of the Commission's *R&O* to 20 pages. These
    extensions apply to all parties filing oppositions and replies.

7.  Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 303(r) of
    the Communications Act of 1934, as amended, 47 U.S.C. § § 154(i) and
    303(r), and Sections 1.3 and 1.429 of the Commission's Rules, 47 CFR
    § § 1.3 and 1.429, that the Motion to Extend Page Limits filed by
    the Wireless Communications Association International, Inc. on
    January 24, 2005 is GRANTED and the limit applicable to all parties
    filing oppositions to petitions for reconsideration and replies to
    oppositions to petitions for reconsideration of the Commission's
    *Report and Order* IS HEREBY EXTENDED to 50 and 20 pages,
    respectively.

8.  These actions are taken under designated authority pursuant to
    Sections 0.131 and 0.331 if the Commission's Rules, 47 C.F.R. § §
    0.131 and 0.331.

> FEDERAL COMMUNICATIONS COMMISSION

Joel Taubenblatt

Chief, Broadband Division

Wireless Telecommunications Bureau

[^1]: 47 CFR § 1.429(f).

[^2]: 47 CFR § 1.429(g).

[^3]: Wireless Communications Association International, Inc. Motion For
    Leave to Exceed Page Limits (filed Jan. 24, 2005) (Motion).

[^4]: Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules
    to Facilitate the Provision of Fixed and Mobile Broadband Access,
    Educational and Other Advanced Services in the 2150-2162 and
    2500-2690 MHz Bands, *Report and Order and Further Notice of
    Proposed Rulemaking*, WT Docket No. 03-66, 19 FCC Rcd 14165 (2003)
    (*R&O and FNPRM*).

[^5]: BRS was formerly the Multipoint Distribution Service (MDS) and
    Multichannel Multipoint Distribution Service (MMDS).

[^6]: EBS was formerly the Instructional Television Fixed Service
    (ITFS).

[^7]: 69 Fed. Reg. 72020 (Dec. 10, 2004).

[^8]: *See* 47 CFR § 1.429(d).

[^9]: 47 CFR § 1.429(d).

[^10]: Wireless Communications Association International, Inc. Motion
    For Leave to Exceed Page Limit (filed Dec. 30, 2004).

[^11]: Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's
    Rules to Facilitate the Provision of Fixed and Mobile Broadband
    Access, Educational and Other Advanced Services in the 2150-2162 and
    2500-2690 MHz Bands, *Order*, DA 05-14 at ¶ 4 (BD/WTB rel. Jan. 5,
    2005

[^12]: *Id.*

[^13]: Motion at 1-2.

[^14]: *Id.* at 2.

[^15]: *Id*. at 2-3.