DA 04-1245

Robert M. Gurss, Esq.

Raymond J. Quianzon, Esq.

Counsel to Mobex Communications, Inc.

Fletcher, Heald & Hildreth, P.L.C.

1300 North Seventeenth Street

Arlington, VA 22209

> Re: [Mobex Communications, Inc. Emergency Motion for Extension of Time
> -- Deadline for Reply Comments on Proposed Auction Procedures for
> Auction No. 57 (Automated Maritime Telecommunications
> System)]{.underline}

Dear Messrs. Gurss and Quianzon:

This letter responds to an Emergency Motion for Extension of Time
("Motion") submitted on April 28, 2004, by Mobex Communications, Inc.
("Mobex").[^1] Mobex requests that the Wireless Telecommunications
Bureau postpone the April 30, 2004, deadline for the submission of reply
comments in response to the Bureau's public notice[^2] that sought
comment on proposed auction procedures for the assignment of Automated
Maritime Telecommunications System ("AMTS") licenses in Auction No. 57.
Warren C. Havens opposes Mobex's Motion, and Mobex replied.[^3] For the
reasons expressed below, we deny Mobex's request.

Mobex makes two principal arguments in support of its request to extend
the reply deadline by one week (to May 7, 2004). First, Mobex asserts
that the reply period provides "a very limited time" for commenters to
prepare reply comments and that "technical problems" may have delayed
the availability of some comments until the second day of the reply
period.[^4] Second, Mobex argues that the comments in the record make
"extensive reference to documents and issues which are not available as
part of this proceeding, as well as a novel proposal ...," which "go
well beyond the 'normal' content of comments of proposed auction
rules."[^5]

As the Motion acknowledges, the Commission's general policy is that
extensions of time are not routinely granted.[^6] The Commission
specifically disfavors requests for extensions of time filed on such
short notice.[^7] Only two sets of comments were filed in response to
the *Auction 57 Comment Public Notice*; one set was filed by Mobex and
the other by Mr. Havens. Significantly, Mobex does not claim that it had
any difficulty in obtaining a copy of Mr. Havens's comments. Indeed, we
note that Mr. Havens took the additional step of serving his comments on
one of Mobex's attorneys.[^8] Further, it appears that the external
materials referenced in Mr. Havens's comments are publicly-available
documents, such as statutes, Commission regulations, and prior
Commission decisions. We are not persuaded that Mobex has demonstrated
cause for postponement of the reply comment deadline. We note, however,
that the Bureau may, in its discretion, consider written *ex parte*
presentations, if filed within a reasonable period after the reply
comment deadline.[^9]

IT IS HEREBY ORDERED that, pursuant to Section 1.46 of the Commission\'s
Rules, 47 C.F.R. § 1.46, the Emergency Motion for Extension of Time of
Mobex Communications, Inc. is DENIED. This action is taken pursuant to
authority delegated by Section 0.131 of the Commission's rules, 47
C.F.R. § 0.131.

Sincerely,

William W. Huber

Associate Chief

> Auctions and Spectrum Access Division
>
> Wireless Telecommunications Bureau

cc: Mr. Warren Havens

2509 Stuart Street

Berkeley, CA 94705

[^1]: Emergency Motion for Extension of Time submitted electronically on
    April 28, 2004, by Mobex Communications, Inc. ("Motion").

[^2]: *See* "Automated Maritime Telecommunications System Spectrum
    Auction Scheduled for September 15, 2004; Comment Sought on Reserve
    Prices or Minimum Opening Bids and Other Auction Procedures,"
    *Public Notice*, Report No. AUC-04 57-A (Auction No. 57), DA 04-954
    (rel. April 5, 2004); 69 FR 21110 (April 20, 2004) ("*Auction 57
    Comment Public Notice*"). That public notice established deadlines
    of April 23, 2004, for initial comments and April 30, 2004 for
    replies.

[^3]: *See* Opposition to "Emergency" Motion for Extension of Time
    submitted electronically on April 29, 2004 by Warren C. Havens;
    Reply to Opposition to Emergency Motion for Extension of Time
    submitted electronically on April 28, 2004, by Mobex Communications,
    Inc.

[^4]: *See* Motion at 2.

[^5]: *See id.*

[^6]: *See* 47 C.F.R. § 1.46(a); *see also* Motion at 2.

[^7]: *See* 47 C.F.R. § 1.46(b).

[^8]: *See* Comments of Warren C. Havens in response to *Auction 57
    Comment Public Notice* at 13 (submitted April 23, 2004).

[^9]: This proceeding has been designated as a "permit but disclose"
    proceeding in accordance with the Commission's ex parte rules. *See
    Auction 57 Comment Public Notice* at 11 (citing 47 C.F.R. §§
    1.1200(a), 1.1206). As such, interested parties are permitted to
    make oral or written *ex parte* presentations in a manner consistent
    with Section 1.1206(b) of the Commission's rules. *See* 47 C.F.R. §
    1.1206(b).