> **DA 00-760**
>
> **April 5, 2000**

WIRELESS TELECOMMUNICATIONS BUREAU SETS COMMENT SCHEDULE FOR PETITIONS
FOR RECONSIDERATION OF THE ORDER ON RECONSIDERATION OF THE FOURTH REPORT
AND ORDER IN WT DOCKET NO. 97-82

## Oppositions Due: April 17, 2000 

Notice is hereby given that the parties listed below have jointly
petitioned the Commission for reconsideration of the *Order on
Reconsideration of the Fourth Report and Order* in WT Docket No. 97-82,
FCC 00-54, released February 29, 2000. The *Order on Reconsideration of
the Fourth Report and Order* addresses petitions for reconsideration of
the *C Block Fourth Report and Order*, released August 19, 1998, in
which the Commission modified the rules governing auctions of C block
broadband Personal Communications Services (\"PCS\") spectrum.[^1]

In light of the auction schedule for the upcoming PCS C and F block
auction ("Auction No. 35"),[^2] and the requests of certain commenters
that the Commission resolve all issues related to Auction No. 35 in an
expedited manner,[^3] the Wireless Telecommunications Bureau ("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 to petitions for reconsideration.[^4] Preliminary review of
the petition indicates that it raises certain issues regarding
eligibility of certain parties to participate in Auction No. 35. To
provide timely guidance to prospective bidders, we must close the record
on reconsideration issues on an expedited schedule.[^5] Accordingly,
oppositions to petitions for reconsideration of the *Order on
Reconsideration of the Fourth Report and Order* shall be filed no later
than **April 17, 2000.**

The list of petitions below reflects Commission records as of April 4,
2000. Any timely filed petitions subsequently posted on the Electronic
Comment Filing System (ECFS), or received in paper form, will be subject
to a filing schedule for oppositions similar to that adopted herein.

In addition, the record of comments and other documents filed in
response to the petitions of Nextel Communications, Inc. and SBC
Communications Inc. regarding PCS C and F block rules,[^6] will be
incorporated into the record in this docket. Commenters therefore need
not restate their positions on C and F block issues in response to this
petition for reconsideration.

# Procedural Matters

Parties submitting oppositions 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 should reference the docket number of this proceeding,
*i.e.*, WT Docket No. 97-82.

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 *Order on Reconsideration of the Fourth 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 at 1231 20th Street, N.W., Washington, DC 20036,
or by calling (202) 857-3800.

Oppositions to petitions for reconsideration may be filed using the
Commission's Electronic Comment Filing System (ECFS) or by filing paper
copies. Oppositions 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 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
four copies of their filing with the Office of the Secretary, Federal
Communications Commission, TW B204, 445 12th Street, S.W., Washington,
DC 20554. In addition, parties should send two copies to Audrey Bashkin,
Legal Branch, Auctions and Industry Analysis Division, Wireless
Telecommunications Bureau, Federal Communications Commission, 445 12th
St. S.W. Washington, DC 20554, and one copy to ITS, at 1231 20th Street,
N.W., Washington, D.C. 20036.

FOR FURTHER INFORMATION CONTACT: Audrey Bashkin at (202) 418-0660. The
fax number is: (202) 418-0890.

# Parties Filing Petitions for Reconsideration in WT Docket 97-82

Sprint Spectrum L.P. and US WEST Wireless, LLC (April 4, 2000) (filing
jointly)

**-FCC-**

[^1]: *See* Amendment of the Commission\'s Rules Regarding Installment
    Payment Financing for Personal Communications Services (PCS)
    Licenses, WT Docket No. 97-82, *Order on Reconsideration of the
    Fourth Report and Order*, FCC 00-54 (rel. February 29, 2000)
    (\"*Order on Reconsideration of the Fourth Report and Order*\");
    *see also* Amendment of the Commission\'s Rules Regarding
    Installment Payment Financing for Personal Communications Services
    (PCS) Licenses, WT Docket No. 97-82, *Fourth Report and Order*, 13
    FCC Rcd 15,743 (1998) (\"*C Block Fourth Report and Order*\").

[^2]: *See* \"C and F Broadband PCS Schedule for July 26, 2000; Comment
    Sought on Reserve Prices or Minimum Opening Bids and Other Auction
    Procedures,\" *Public Notice*, DA 00-504 (rel. March 3, 2000).

[^3]: *See*, *e.g.*, Comments of AT&T Wireless Services, Inc. at 3,
    filed February 22, 2000; Comments of GTE at 6, filed February 22,
    2000; Reply Comments of Nextel Communications, Inc. at 31, filed
    March 1, 2000. *See also* Petition of SBC Communications Inc. for
    Waiver of the Eligibility Requirements of 47 C.F.R. Section 24.709
    for the PCS C and F Block Auction and for Expedited Action, filed
    January 21, 2000 (seeking expedited consideration of request to
    waive eligibility rules in Auction No. 35 to facilitate their
    preparation for that auction).

[^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).

[^5]: We note also that there are pending petitions for reconsideration
    on spectrum cap issues. *See* \"Petitions for Reconsideration and
    Clarification of Action in Rulemaking Proceedings,\" *Public
    Notice*, Report No. 2387 (rel. February 8, 2000).

[^6]: *See* \"Wireless Telecommunications Bureau Seeks Comment on SBC
    Communications Inc.'s Request for Waiver of the Eligibility
    Requirements for Participation in the Upcoming PCS C and F Block
    Auction,\" *Public Notice*, DA 00-145 (rel. January 31, 2000);
    \"Wireless Telecommunications Bureau Seeks Comment on Nextel
    Communications, Inc.'s Petition Regarding PCS C and F Block
    Spectrum,\" *Public Notice*, DA 00-191 (rel. February 3, 2000). *See
    also* \"Wireless Telecommunications Bureau Seeks Comment on AT&T
    Wireless Services, Inc., BellSouth Corporation and Bell Atlantic
    Mobile, Inc. Petitions Regarding CMRS Spectrum Cap Limits,\" *Public
    Notice*, DA 00-318 (rel. February 18, 2000).