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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554 
 DA  03-  638  Released:  March  18,  2003 
 WIRELESS  TELECOMMUNICATIONS  BUREAU  ANNOUNCES  ACTION  ON  RESPONSES  TO  PUBLIC  NOTICE 
 REGARDING  ITFS,  MDS,  AND  MMDS  PENDING  LEGAL  MATTERS 


 On  October  18,  2002,  the  Wireless  Telecommunications  Bureau  (WTB)  released  a  Public  Notice  1  (October  Public  Notice)  in  which  it  sought  to  ensure  that  it  had  a  complete  and  accurate  listing  of  all 
 pending  legal  matters  in  the  Instructional  Television  Fixed  Service  (ITFS),  the  Multipoint  Distribution  Service  (MDS),  and  the  Multichannel  Multipoint  Distribution  Service  (MMDS).  An  Appendix  (October 
 Appendix)  containing  a  list  of  all  of  the  pending  ITFS,  MDS,  and  MMDS  cases  was  attached  to  the  October  Public  Notice.  The  October  Appendix  indicated  the  name  of  the  applicant/  licensee,  the  file 
 number/  call  sign,  the  pleading  type  and  filing  date,  the  name  of  the  petitioner,  if  not  the  applicant,  and  whether  the  file  was  complete.  WTB  required  that  all  ITFS,  MDS,  and  MMDS  licensees,  applicants,  and 
 other  parties  with  pending  pleadings  relating  to  these  services  review  and  verify  the  information  contained  in  the  October  Appendix.  For  legal  matters  with  a  filing  date  before  March  25,  2002,  WTB  required  that 
 licensees,  applicants,  and  other  parties  with  pending  pleadings  respond  in  writing  by  December  17,  2002  if  they  desired  that  WTB  continue  processing  these  matters. 


 Appendix  A  to  this  Public  Notice  contains  a  list  of  those  legal  matters  with  a  filing  date  prior  to  March  25,  2002  where  the  applicant/  licensee  (or  petitioner,  if  the  petitioner  is  not  the  applicant  or 
 licensee)  did  not  respond  to  the  October  Public  Notice.  In  the  October  Public  Notice,  WTB  indicated,  For  any  legal  matter  for  which  written  affirmations  requesting  further  processing  have  not  been  received, 
 those  legal  matters  will  be  dismissed  with  prejudice.  Accordingly,  IT  IS  ORDERED,  pursuant  to  Section  4(  i)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    154(  i)  and  Section  21.28(  d) 
 and  73.3568(  a)(  1)  of  the  Commissions  Rules,  47  C.  F.  R.    21.  28  (d),  73.3568(  a)(  1),  the  legal  matters  listed  in  Appendix  A  to  this  Public  Notice  ARE  HEREBY  DISMISSED  WITH  PREJUDICE. 


 WTB  also  requested  petitioners  of  legal  matters  pending  before  the  Bureau  to  review  the  list  of  pending  matters  in  the  October  Appendix.  If  a  pending  matter  was  omitted  from  the  October  Appendix, 
 WTB  required  petitioners  to  submit  two  date-  stamped  copies  of  the  omitted  petition  or  filing  by  December  17,  2002  if  the  petitioner  desired  to  continue  prosecuting  the  filing.  After  our  review  of  these 
 files,  we  have  determined  hat  the  cases  listed  in  Appendix  B  to  this  Public  Notice  are  all  the  valid  pending  legal  matters  that  are  contained  in  WTBs  records. 


 1  Wireless  Telecommunications  Bureau  Seeks  to  Verify  ITFS,  MDS,  and  MMDS  Pending  Legal  Matters,  Public 
 Notice,  DA  02-  2752,  67  Fed.  Reg.  69529  (2002)  (October  Public  Notice). 
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 With  respect  to  other  requests  to  add  legal  matters  to  its  list  of  pending  legal  matters,  the  WTB  notes  that  in  many  instances,  the  respondent,  but  not  the  petitioner,  submitted  legal  matters.  In  those 
 cases,  we  are  not  adding  those  matters  to  our  list  of  pending  legal  matters  because  the  petitioner  did  not  express  interest  in  prosecuting  the  matter. 


 For  all  questions  relating  to  this  Public  Notice,  contact  Gregory  Vadas,  Esq.,  Policy  and  Rules  Branch,  at  (202)  418-  0680. 
 By  the  Chief,  Public  Safety  and  Private  Wireless  Division,  Wireless  Telecommunications  Bureau. 
 FCC 
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