> **DA 00-397**
>
> **February 25, 2000**

WIRELESS TELECOMMUNICATIONS BUREAU SETS COMMENT SCHEDULE FOR PETITIONS
FOR RECONSIDERATION OF FIRST REPORT AND ORDER IN WT DOCKET NO. 99-168,
ESTABLISHING COMMERCIAL SERVICE RULES FOR 700 MHZ BAND

**Oppositions Due: March 10, 2000 Replies Due: March 17, 2000**

Notice is hereby given that the parties listed below have petitioned the
Commission for reconsideration of the *First Report and Order* in WT
Docket No. 99-168, FCC 00-5, released January 7, 2000. The *First Report
and Order* establishes service rules for the auction of spectrum on the
700 MHz bands, that is scheduled to commence May 10, 2000.[^1] The
auction schedule in turn reflects the Congressional mandate that
receipts from auctioning this spectrum be deposited into the U.S.
Treasury by September 30, 2000.[^2]

In light of the auction schedule necessary to implement the
Congressional mandate, and the separate statutory requirement that
interested parties have a sufficient time after issuance of bidding
rules "to develop business plans, assess market conditions, and evaluate
the availability of equipment for the relevant services,"[^3] the
Wireless Telecommunications Bureau has determined that good cause exists
in this instance to alter the periods specified in Section 1.429 of the
Commission's Rules for oppositions and replies to petitions for
reconsideration.[^4] Preliminary review of the petitions indicates they
raise certain issues that potentially affect petitioners' decision
whether to participate in the auction. To preserve the possibility of
considering and resolving such issues sufficiently in advance of the
auction to provide timely guidance to prospective bidders, we must close
the record on reconsideration issues on an expedited schedule.
Accordingly, oppositions to petitions for reconsideration of the *First
Report and Order* shall be filed no later than **March 10, 2000**, and
replies shall be filed no later than **March 17, 2000**.

The list of petitions below reflects Commission records as of February
23, 2000. Any petitions subsequently posted on the ECFS system, or
received in paper form, that were timely filed will be subject to the
filing schedule for oppositions and replies adopted herein.

# Procedural Matters

Parties submitting oppositions and replies should address the petitions
for reconsideration in light of the requirements of 47 U.S.C. § 309, 47
C.F.R. § 1.429 and any other public interest considerations. All
oppositions and replies should reference the docket number of this
proceeding, WT 99-168.

This proceeding has been designated as a \"permit‑but‑disclose\"
proceeding in accordance with the Commission\'s *ex parte* rules. 47
C.F.R. §§ 1.1200(a), 1.1206. Persons making oral *ex parte*
presentations are reminded that memoranda summarizing the presentations
must contain summaries of the substance of the presentations and not
merely a listing of the subjects discussed. More than a one or two
sentence description of the views and arguments presented is generally
required. *See* 47 C.F.R. § 1.1206(b). 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, 47 C.F.R.
§ 1.1206(b).

Parties may obtain the *First 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 St., S.W., Washington, DC 20554. Copies of the petitions are
also available from ITS at 1231 20^th^ St. N.W., Washington, DC 20036,
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>. Generally, only one copy of an
electronic submission must be filed. In completing the transmittal
screen, parties should include their full name, Postal Service mailing
address, and the applicable docket or rulemaking number. Parties may
also submit an electronic opposition or reply by Internet e-mail. To get
filing instructions for e-mail filings, parties should send an e-mail to
<ecfs@fcc.gov>, including "get form \<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
four copies of their filings with the Office of the Secretary, Federal
Communications Commission, TW B204, 445 12^th^ St. S.W. Washington, DC
20554. In addition, parties should send two copies to Stan Wiggins,
Policy Division, Wireless Telecommunications Bureau, Federal
Communications Commission, 445 12^th^ St. S.W. Washington, DC 20554, and
one copy to ITS, at 1231 20^th^ Street, N.W., Washington, D.C. 20036.

FOR FURTHER INFORMATION CONTACT: Stan Wiggins or Martin Liebman at (202)
418-1310 or by email at <swiggins@fcc.gov> or <mliebman@fcc.gov>. The
TTY number is: (202) 418-0484. The fax number is: (202) 418-8188.

# Parties Filing Petitions for Reconsideration in WT Docket 99-168

Adaptive Broadband Corporation (Feb. 22, 2000)

ArrayComm, Inc. (Feb. 22, 2000)

Association of Local Television Stations, Inc. (Feb. 22, 2000)

Association of Public-Safety Communications Officials-International,
Inc. (Feb. 22, 2000)

Association for Maximum Service Television, Inc. (Feb. 22, 2000)

National Association of Broadcasters (Feb. 22, 2000)

Nelson Repeater Services, Inc. (Feb. 22, 2000)

Northcoast Communications, LLC (Feb. 7, 2000)

Rand McNally & Company (Feb. 22, 2000)

TRW Inc. (Feb. 11, 2000)

U.S. GPS Industry Council (Feb. 22, 2000)

US WEST Wireless, LLC (Feb. 3, 2000)

-FCC-

[^1]: *See* Auction of Licenses in the 747-762 and 777-792 MHz Bands
    Scheduled for May 10, 2000, DA 00-43, January 10, 2000.

[^2]: *See* Pub. Law. 106-113, 113 Stat. 1501, Appendix E, Section 213.
    *See also* 145 Cong. Rec. at H12494, H12501 (Nov. 17, 1999), "Making
    consolidated appropriations for the fiscal year ending September 30,
    2000, and for other purposes."

[^3]: *See* 47 U.S.C. § 309(j)(3)(E)(ii). The bidding rules for the
    auction have been announced. Auction of Licenses in the 747-762 and
    777-792 MHz Bands, Auction Notice and Filing Requirements for 12
    Licenses in the 700 MHz Bands, Auction Scheduled for May 10, 2000,
    DA 00-292 (Feb. 18, 2000).

[^4]: *See* 47 C.F.R. § 0.331 (authority delegated to Wireless
    Telecommunications Bureau); 47 C.F.R. § 1.3 (suspension, amendment,
    and waiver of Commission Rules). *See also* 5 U.S.C. § 553(b)(B).