DA 01-788

March 29, 2001

PLEADING CYCLE ESTABLISHED FOR RESPONSES TO PETITIONS FOR
RECONSIDERATION OF THE THIRD REPORT AND ORDER IN WT DOCKET NO. 99-168,
CS DOCKET NO. 98-120, AND MM DOCKET NO. 00-39

**Oppositions Due: April 10, 2001**

#### Replies Due: April 20, 2001

Notice is hereby given that the parties listed below have petitioned the
Commission for reconsideration and clarification of the *Third Report
and Order* in WT Docket No. 99-168, CS Docket No. 98-120, and MM Docket
No. 00-39, FCC 01-25, released January 23, 2001. In the *Third Report
and Order*, the Commission adopted mechanisms and made determinations
intended to facilitate the clearing of the 740-806 MHz band to allow for
the introduction of new wireless services, and to promote the early
transition of analog television licensees to digital television
service.[^1]

In light of the upcoming auction of licenses in the 747-762 and 777-792
MHz band (Auction No. 31), which is scheduled to commence on September
12, 2001,[^2] good cause exists in this instance to alter the periods
specified in Section 1.429 of the Commission's rules, 47 C.F.R. § 1.429,
for the filing of oppositions to petitions for reconsideration and
replies to oppositions.[^3] The petitions filed by the parties listed
below seek reconsideration or clarification of a number of the policies
and procedures adopted in the *Third Report and Order*, which are
relevant to the transition of the 746-806 MHz band from broadcast to
wireless uses. An expedited schedule will give the Commission an
opportunity to provide timely guidance regarding these issues to
prospective bidders and incumbent broadcasters in advance of Auction No.
31. Accordingly, oppositions to petitions for reconsideration of the
*Third Report and Order* shall be filed no later than **April 10,
2001**, and replies to oppositions will be due no later than **April 20,
2001.**

**[Procedural Matters]{.underline}**

Parties submitting oppositions or replies should address the issues
raised in the petitions for reconsideration in light of the relevant
statutory requirements,[^4] procedures,[^5] and public interest
considerations.[^6] All responsive filings should reference the docket
numbers of this proceeding, *i.e.*, WT Docket No. 99-168, CS Docket No.
98-120, and MM Docket No. 00-39.

This proceeding has been designated as a "permit‑but‑disclose"
proceeding in accordance with the Commission\'s *ex parte* rules.[^7]
Persons making oral *ex parte* presentations are reminded that memoranda
summarizing the presentations must reflect the substance of the
presentations and not merely list the subjects discussed.[^8] More than
a one or two sentence description of the views and arguments presented
is generally required.[^9] Other rules pertaining to oral and written
*ex parte* presentations in permit-but-disclose proceedings are set
forth in Section 1.1206(b) of the Commission's rules.[^10]

Parties may obtain copies of the *Third Report and Order* and petitions
for reconsideration at the FCC website,
<http://www.fcc.gov/e-file/ecfs.html>. The petitions are also available
for public inspection and copying in the Reference Center, Room CY A257,
445 12th Street, S.W., Washington, DC 20554. Copies of the petitions are
also available from ITS, Room CY-B400, 445 12th Street, S.W.,
Washington, DC 20554, or by calling (202) 857-3800.

Oppositions to petitions for reconsideration and replies may be filed
using the Commission's Electronic Comment Filing System ("ECFS") or by
filing paper copies. Oppositions and replies filed through the ECFS can
be sent as an electronic file via the Internet to
<http://www.fcc.gov/e-file/ecfs.html>. Each filing should be submitted
into each of the following dockets: **99-168, 98-120,** and **00-39**.
In completing the transmittal screen, parties should include their full
name and Postal Service mailing address. Parties may also submit an
electronic filing by Internet e-mail. To get filing instructions for
e-mail filings, parties should send an e-mail message to <ecfs@fcc.gov>,
including "get form to \<your e-mail address\>" in the body of the
message. A sample form and directions will be sent in response.

Interested parties who choose to file by paper must file an original and
eight copies of their filing with the Office of the Secretary, Federal
Communications Commission, TW B204, 445 12th Street, S.W., Washington,
DC 20554.[^11] In addition, parties should send two copies to: Nese
Guendelsberger, Legal Branch, Auctions and Industry Analysis Division,
Wireless Telecommunications Bureau, Federal Communications Commission,
445 12th St. S.W., Washington, DC 20554 (or via e-mail
(<nguendel@fcc.gov)>, preferably in .pdf format), and one copy to ITS,
Room CY-B400, 445 12th Street, S.W., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Wireless Telecommunications Bureau:

> Nese Guendelsberger, (202) 418-0660, e-mail: <nguendel@fcc.gov>, or
> Bill Huber, (202) 418-0660, e-mail: <whuber@fcc.gov>.

Mass Media Bureau:

> Gordon Godfrey, (202) 418-2193, e-mail: <ggodfrey@fcc.gov>, or Clay
> Pendarvis, (202) 418-1600, e-mail: <cpendarv@fcc.gov>.

**[Parties Filing Petitions for Reconsideration and Clarification in WT
Docket No. 99-168, CS Docket No. 98-120, MM Docket No.
00-39]{.underline}**

Association for Maximum Service Television, Inc. (March 16, 2000)

Spectrum Clearing Alliance (March 16, 2000) (joint filing of
broadcasters and other entities interested in band clearing policies)

Spectrum Exchange Group, LLC (March 16, 2000)

**-FCC-**

[^1]: Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions
    to Part 27 of the Commission's Rules; Carriage of the Transmissions
    of Digital Television Broadcast Stations; Review of the Commission's
    Rules Affecting the Conversion to Digital Television, WT Docket No.
    99-168, CS Docket No. 98-120, MM Docket No. 00-39, *Third Report and
    Order*, FCC 01-25 (rel. Jan. 23, 2001)("*Third Report and Order*").

[^2]: *See* "Auction of Licenses for the 747-762 and 777-792 MHz Bands
    Postponed Until September 12, 2001," *Public Notice*, Report No.
    AUC-01-31-A, DA 01-266 (rel. Jan. 31, 2001).

[^3]: *See* 47 C.F.R. § 1.3 (suspension, amendment, and waiver of
    Commission Rules). *See also* 5 U.S.C. § 553(b)(3)(B).

[^4]: *See, e.g.,* 47 U.S.C. §§ 309(j), 337.

[^5]: *See, e.g.,* 47 C.F.R. §§ 1.49, 1.429.

[^6]: *See, e.g.,* 47 U.S.C. §§ 303, 309(j), 337.

[^7]: *See* 47 C.F.R. §§ 1.1200(a), 1.1206.

[^8]: *See* 47 C.F.R. § 1.1206(b).

[^9]: *See* *id.*

[^10]: *Id*.

[^11]: *See* 47 C.F.R. § 1.419(c).