Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matters of                | * | MM Docket No. 97-217         |
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| ITFS 2020 Emergency Petition for | ) |                              |
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| Postponement of the July 3 -     | * |                              |
| July 10, 2000                    |   |                              |
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| Filing Window for Two-Way        | * |                              |
| Multipoint                       | ) |                              |
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| Distribution Service and         | * |                              |
| Instructional                    |   |                              |
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| Television Fixed Service         | * |                              |
| Applications                     | ) |                              |
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| The Association of Federal       | * |                              |
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| Communications Consulting        | ) |                              |
| Engineers                        | * |                              |
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| Petition Requesting Revision Of  |   |                              |
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| Filing Window For Two-Way        | ) |                              |
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| Multipoint Distribution and      | * |                              |
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| Instructional Television Fixed   | * |                              |
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**Order**

**Adopted: June 22, 2000 Released: June 23, 2000**

By the Chief, Video Services Division:

1.  By this Order, we hereby grant a postponement of the July 3 through
    July 10, 2000 filing window for MDS and ITFS applications for
    two-way operations.[^1] The new filing window will begin August 14,
    2000 and end August 18, 2000. However, in order to permit commercial
    operators to fulfill their business plans which were created in
    reliance upon the timelines set forth in previous Commission Orders
    and the *Filing Window Public Notice*, we will permit MDS operators,
    starting July 3, 2000, to file applications for two-way authority
    for Channels 1, 2 and 2a upstream. Such commercial applicants should
    have consents for downstream transmissions from all affected
    parties. In addition, we will permit ITFS operators the opportunity
    to file for developmental authority to begin two-way service.[^2]

2.  On June 6, 2000, ITFS 2020, a non-licensee limited liability
    company, filed an "Emergency Petition" requesting that the
    Commission postpone the July 3 through July 10, 2000 filing window
    for MDS and ITFS applications for two-way operations. Subsequently,
    on June 7, 2000, the Association of Federal Communications
    Consulting Engineers ("AFCCE")[^3] filed a similar petition
    requesting revision of the initial filing window for MDS and ITFS.
    In the respective petitions, ITFS 2020 requests a nine-month
    postponement, while the AFCCE requests a 130-day postponement. On
    June 12, 2000, the Commission issued a Public Notice inviting
    comment on the parties' petitions.[^4]

3.  We deny both ITFS 2020's emergency petition for a nine-month
    postponement and AFCCE's request for a 130-day postponement of the
    filing window. We find, based upon the record before us, that it
    would be in the public interest to allow a limited postponement of
    the initial filing window. We find that there is a general consensus
    within the MDS and ITFS communities that a short postponement of the
    filing window will help to ensure that the applications for two-way
    service will be both accurate and complete. We commend attempts by
    licensees and engineers to ensure the correctness of their filings,
    and as such, we believe that a limited delay of the filing window
    will allow MDS and ITFS entities sufficient time to address the
    problems which they have encountered in preparing their two-way
    applications.

4.  We believe that a nine-month or 130-day delay is too extensive in
    nature and will unfairly preclude the filing of two-way applications
    that are ready to be processed. We find that it would not be in the
    public interest to overly delay the advent of two-way service and to
    penalize licensees who have relied on the timelines set forth in
    previous Commission Orders and the *Filing Window Public Notice*. We
    note that many MDS and ITFS operators have devoted substantial
    resources in preparing applications for the initial filing
    window.[^5] Delaying the filing window for a lengthy period will
    hinder the availability of two-way service to the public and
    potentially put licensees at a competitive disadvantage with regard
    to other broadband services.[^6] In light of the Commission's
    dedication to facilitate the deployment of two-way service in a
    timely manner, we believe that a limited postponement of the filing
    window strikes a balance between the MDS and ITFS licensees who are
    ready to file and those who need additional time. To ensure that
    commercial operators who are ready to file are not unduly
    prejudiced, however, we will permit MDS operators, starting July 3,
    2000, to file applications for two-way authority for Channels 1, 2
    and 2a upstream. Such commercial applicants should have consents for
    downstream transmissions from all affected parties. In addition, we
    will permit ITFS operators to file applications for developmental
    authority to begin two-way service.[^7]

5.  Although we have agreed to postpone the filing window for a limited
    period, we emphasize that many of the arguments in ITFS 2020 and
    AFCCE's respective petitions are unsupported and/or inaccurate. We
    will address a few of the misconceptions presented in ITFS 2020's
    Emergency Petition. First, we note that ITFS 2020 is under the
    mistaken impression that once the initial filing window closes,
    licensees will have to await the Commission's announcement of
    subsequent filing windows to apply for two-way authorization.
    *Emergency Petition* at 2. We emphasize that we have adopted a
    rolling application process. Subsequent to the initial filing
    window, a 120-day period will commence to resolve any conflicts
    between applications filed in the initial window and to allow for
    the filing of petitions to deny. After this period, a rolling
    one-day filing window will be in effect, which will allow for the
    daily filing of applications without any formal window
    announcement.[^8]

6.  In addition, with regard to the availability of station files in the
    Commission's Public Reference Information Center, ITFS 2020
    incorrectly states that "a member of the public currently is
    permitted to review only three files per day, and files are
    accessible only four days per week." *Emergency Petition* at 10.
    According to Commission staff, three members of a firm or company
    can request up to six station files at a time, thereby allowing one
    firm to look at up to 18 files at a time. Upon return of these
    files, an additional set of MDS and ITFS files can be obtained and
    reviewed. This process can be repeated throughout the day. In
    addition, the Commission's Public Reference Information Center has,
    with respect to this specific filing window, made special
    accommodations for accessing the MDS and ITFS files. Upon request,
    many more than three employees have been allowed to review the files
    at the same time. Moreover, although the Public Reference
    Information Center began closing on Fridays as of April 28, 2000 in
    order to retire broadcast files, Commission staff has again made
    exceptions, upon request, to allow members of the public to examine
    the MDS and ITFS files on those days.

7.  In conclusion, ITFS 2020's emergency petition for a nine-month
    postponement of the filing window and AFCCE's similar request for a
    130-day postponement ARE DENIED. In lieu of the parties' request, we
    hereby grant a postponement of the July 3 through July 10, 2000
    filing window for MDS and ITFS applications for two-way operations.
    We will allow MDS operators to file applications for two-way
    authority using channels 1, 2 and 2a upstream. Such commercial
    applicants should have consents for downstream transmissions from
    all affected parties. In addition, we will permit ITFS operators to
    file applications for developmental authority to begin two-way
    service. The new filing window will begin August 14, 2000 and end
    August 18, 2000.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Barbara A. Kreisman
>
> Chief, Video Services Division
>
> Mass Media Bureau

[^1]: *See Public Notice*, DA 00-666, "Commission Announces Initial
    Filing Window for Two-Way Multipoint Distribution Service and
    Instructional Television Fixed Service" (March 23, 2000) ("*Filing
    Window Public Notice")*.

[^2]: *See* 47 C.F.R. §§ 74.101 and 74.102.

[^3]: According to its petition, the AFCCE includes 90 registered
    professional engineers, many of whom provide engineering services to
    MDS and ITFS licensees.

[^4]: *See Public Notice*, DA 00-1256, "Mass Media Bureau Receives
    Petitions to Postpone Initial Filing Window For Two-Way Multipoint
    Distribution Service and Instructional Television Fixed Service"
    (June 12, 2000).

[^5]: *See* Comments of Sprint Corporation ("Sprint") at 7-9.
    Assertedly, Sprint is ready to file approximately 1,500 applications
    with the Commission during the initial filing window. Sprint states
    that "\[T\]he need for an immediate introduction of a new
    facilities-based provider is urgent. MMDS represents this critical
    facilities-based alternative to the existing providers . . . Any
    delay in the two-way window would thwart the public interest." *See
    also* Comments of WorldCom, Inc*.* ("WorldCom") at 11. "WorldCom and
    other commercial operators are ready and able to provide such
    service." WorldCom notes that, "Any delay in the filing window will
    result in an unacceptable delay in the deployment of fixed wireless
    broadband access to unserved and underserved residential, small and
    mid-sized business, and rural customers." *Id.* at 2. *See
    generally* Comments of San Diego County Office of Education
    ("\[A\]ny delay may prove very costly for our institutions.");
    Comments of San Jose State University ("Any postponement . . . will
    inevitably delay the inauguration of our high-speed access
    capabilities.").

[^6]: *See, e.g., Deferral of Licensing of MTA Commercial Broadband
    PCS*, 11 FCC Rcd 17052 (1996) (holding that even a temporary delay
    in the issuance of licenses would not be in the public interest when
    it would delay the introduction of new competition and services).

[^7]: *See* 47 C.F.R. §§ 74.101 and 74.102.

[^8]: *See Amendment of Parts 21 and 74 to Enable Multipoint
    Distribution Service and Instructional Television Fixed Service
    Licensees to Engage in Fixed Two-Way Transmissions*, 13 FCC Rcd
    19112 (1998), *recon.,* 14 FCC Rcd 12764 (1999), *further recon.
    pending*.