**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  |                              |
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| Wireless Telecommunications      | ** |                              |
| Bureau Seeks to Verify ITFS,     |    |                              |
| MDS, and MMDS License Status And | *  |                              |
| Pending Applications             | *) |                              |
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| Requests for Extension of        |    |                              |
| Response Date Filed by Troutman  | *  |                              |
| Sanders LLP and the Wireless     | *) |                              |
| Communications Association       | ** |                              |
| International/The National ITFS  |    |                              |
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**ORDER**

**Adopted: December 5, 2002 Released: December 5, 2002**

By the Acting Chief, Public Safety and Private Wireless Division,
Wireless Telecommunications Bureau:

1.  On October 18, 2002, the Wireless Telecommunications Bureau (WTB or
    Bureau)[^1] 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.[^2] 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.[^3]

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*.[^4] On November 27, 2002, the Wireless Communications
    Association International and the National ITFS Association
    (WCA/NIA) jointly filed a similar request.[^5] For the reasons
    stated below, we grant the requests in part and extend the time to
    respond to the *BLS License Inventory Public Notice* for forty-five
    days.[^6]

3.  In their requests, Troutman Sanders and WCA/NIA argue that the
    process of reviewing the Commission'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.[^7] 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 Commission's
    licensing records, determine whether corrections are needed, and
    prepare the necessary changes.[^8] 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.[^9]

4.  Although the Commission does not routinely grant extensions of
    time,[^10] the importance of ensuring that our 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. We do not believe, however, that a
    sixty-day extension is warranted. In this connection, we note that
    electronic application filing has been suspended in the
    Services.[^11] We are 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, we believe a
    forty-five day 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 our licensing
    records and prepare any necessary corrections and responses.

5.  ACCORDINGLY*,* IT IS ORDERED pursuant to Section 4(i) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and
    Section 1.46 of the Commission's Rules, 47 C.F.R. § 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.

6.  IT IS FURTHER ORDERED, pursuant to Section 4(i) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and
    Section 1.46 of the Commission's Rules, 47 C.F.R. § 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.[^12]

7.  This action is taken under delegated authority pursuant to Sections
    0.131 and 0.331 of the Commission's Rules, 47 C.F.R. §§ 0.131,
    0.331.

    FEDERAL COMMUNICATIONS COMMISSION

    Herbert W. Zeiler

> Acting Chief, Public Safety and Private Wireless Division
>
> Wireless Telecommunications Bureau

[^1]: Effective March 25, 2002, the Commission transferred regulatory
    functions for the Instructional Television Fixed, Service, the
    Multipoint Distribution Service, and the Multichannel Multipoint
    Distribution Service from the Mass Media Bureau to the Wireless
    Telecommunications Bureau. *See* Radio Services Are Transferred From
    Mass-Media Bureau to Wireless Telecommunications Bureau, *Public
    Notice*, 17 FCC Rcd 5077 (2002). Accordingly, the Bureau's Public
    Safety and Private Wireless Division assumed all regulatory duties
    associated with these services effective March 25, 2002. *Id*.

[^2]: Wireless Telecommunications Bureau Seeks to Verify ITFS, MDS, AND
    MMDS License Status and Pending Applications, *Public Notice*, DA
    02-2751 (WTB rel. Oct. 18, 2002) (*BLS License Inventory Public
    Notice*).

[^3]: In a public notice released concurrently with this *Order*, WTB
    clarifies two aspects of the *BLS License Inventory Public Notice*.
    *See* Wireless Telecommunications Bureau Clarifies Public Notice
    Relating to Verification of ITFS, MDS, and MMDS License Status and
    Pending Applications, *Public Notice*, DA 02-3372 (rel. Dec. 5,
    2002).

[^4]: Letter from James Stenger, Esq. to Marlene H. Dortch, Secretary,
    Federal Communications Commission (filed Nov. 25, 2002) (Troutman
    Sanders Request).

[^5]: Letter from The Wireless Communications Association International,
    Inc. and The National ITFS Association to Thomas J. Sugrue, Chief,
    Wireless Telecommunications Bureau (dated Nov. 26, 2002, filed Nov.
    27, 2002) (WCA/NIA Request). On December 3, 2002, Hispanic
    Information and Telecommunications Network, Inc. filed comments in
    support of the WCA/NIA Request. On December 4, 2002, Bell South
    Wireless Cable, Inc. and South Florida Television, Inc. jointly
    filed comments in support of the WCA/NIA Request.

[^6]: Given that the forty-fifth day is a Sunday, we will extend the
    filing deadline to the next business day, Monday, February 3, 2003.

[^7]: Troutman Sanders Request at 1; WCA/NIA Request at 2.

[^8]: WCA/NIA Request at 2.

[^9]: *Id.* at 3.

[^10]: *See* 47 C.F.R. § 1.46(a).

[^11]: Wireless Telecommunications Bureau Suspends Electronic Filing for
    the Broadband Licensing System on October 11, 2002, *Public Notice*,
    DA 02-2422 (WTB PSPWD rel. Sept. 27, 2002).

[^12]: The deadline for responding to a related public notice seeking
    information concerning pending legal matters remains December 17,
    2002. *See* Wireless Telecommunications Bureau Seeks to Verify
    Pending ITFS, MDS, and MMDS Legal Matters, DA 02-2422 (WTB rel. Oct.
    18, 2002). WCA/NIA state that they are not requesting an extension
    of time to respond to that public notice. WCA/NIA Request at 3.