Before the

Federal Communications Commission

Washington, D.C. 20554

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| In the Matter of                 | * | FCC File Nos. A051346,       |
|                                  | * | A051773, A051775, A051776,   |
| STATE OF OHIO                    | ) | A052254, A052257, A053871,   |
|                                  | \ | A054250, A054249, A054251,   |
| Applications for 800 MHz General | ) | A051347 and A056224.         |
| Category Channels and Request    | \ |                              |
| for Waiver Pursuant to Section   | ) |                              |
| 337(c) of the Communications Act | \ |                              |
| of 1934 and Section 1.925 of the | ) |                              |
| Commission's Rules               | \ |                              |
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ORDER

**Adopted:** October 23, 2000 **Released:** October 25, 2000

By the Chief, Policy and Rules Branch, Public Safety and Private
Wireless Division, Wireless Telecommunications Bureau:

1.  On October 13, 2000, the State of Ohio (Ohio) filed a motion for
    extension of time (Motion) to file reply comments in the
    above-captioned matter.[^1] For the reasons discussed herein, we
    grant the Motion.

2.  On September 25, 2000, we released a public notice requesting
    comments on Ohio's above-captioned waiver request; comments were due
    on October 10, 2000, and reply comments were due on October 17,
    2000.[^2] Several parties filed comments supporting Ohio's waiver
    request.[^3] On October 10, 2000, Nextel Communication, Inc.
    (Nextel)[^4] and Motient Communications Company (Motient)[^5] filed
    comments in opposition to Ohio's waiver request.

3.  The Motion requests that we extend the time to file reply comments
    by three weeks, from October 17, 2000, to November 7, 2000, because
    Nextel's and Motient's comments address a wide variety of legal and
    technical issues such that Ohio needs additional time to
    respond.[^6] In particular, Ohio explains that additional
    engineering analysis may be necessary and that many of the personnel
    involved in preparing such analysis also have other substantial
    obligations related to the Ohio State-wide Radio Project and other
    matters.[^7] Ohio also reports that counsel for Motient does not
    object to the Motion and that counsel for Nextel does not object to
    a two week extension, although Nextel stated that it would object to
    a three week extension until November 7, 2000.[^8]

4.  While the Commission does not routinely grant motions for extension
    of time,[^9] in light of the complexity of Nextel's and Motient's
    comments, we believe that Ohio has presented good cause for the
    requested extension. While Nextel has objected to the grant of a
    three week extension, we believe Nextel would not be prejudiced by
    the grant of a three week extension. In view of the foregoing, we
    conclude that granting the Motion would serve the public interest.

5.  Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and
    Section 1.46 of the Commission's Rules, 47 C.F.R. § 1.46, the Motion
    for Extension of Time filed by the State of Ohio on October 13,
    2000, IS GRANTED.

6.  IT IS FURTHER ORDERED that the deadline date for filing reply
    comments to the comments filed in the above-captioned matter
    pursuant to *Public Notice*, DA 00-2167, is November 7, 2000.

7.  This action is taken under delegated authority pursuant to Sections
    0.131 and 0.331 of the Commission\'s Rules, 47 C.F.R. §§ 0.131,
    0.331.

FEDERAL COMMUNICATIONS COMMISSION

John J. Schauble

Chief, Policy and Rules Branch

Public Safety and Private Wireless Division

Wireless Telecommunications Bureau

[^1]: State of Ohio Motion for Extension of Time (Motion) (filed October
    13, 2000).

[^2]: *See*, Wireless Telecommunications Bureau Seeks Comment on
    Requests for Waiver by State of Ohio to Obtain Licenses for Twelve
    800 MHz General Category Channels, *Public Notice*, DA 00-2167 (rel.
    Sept 25, 2000).

[^3]: *See* Comments of Ohio Emergency Management Agency (filed Oct. 3,
    2000); Comments of Ohio State Highway Patrol (filed Oct. 4, 2000);
    Comments of Ohio Department of Correction and Rehabilitation (filed
    Oct. 4, 2000); Comments of Missouri State Highway Patrol (filed Oct.
    4, 2000); Comments of Ohio Department of Natural Resources (filed
    Oct. 11, 2000).

[^4]: Comments of Nextel Communications, Inc. (filed Oct. 10, 2000).

[^5]: Motient Communications Company Comments (filed Oct. 10, 2000).

[^6]: *Id*. at 1.

[^7]: *Id*. at 1-2.

[^8]: *Id.* Nextel, however, filed no formal opposition to the Motion.

[^9]: 47 C.F.R. § 1.46(a).