[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Proposed Rules]
[Pages 6809-6810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3822]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, 21 and 94
[ET Docket No. 95-183; PP Docket No. 93-253; DA 96-144]
Fixed Point-to-Point Microwave Service; 37.0-38.6 GHz and 38.6-
40.0 GHz Bands and Implementation of Section 309(j) of the
Communications Act--Competitive Bidding
AGENCY: Federal Communications Commission.
ACTION: Proposed Rule; extension of time.
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SUMMARY: The Commission grants an extension for filing comments and
reply comments in this proceeding on licensing and technical rules for
fixed point-to-point microwave operations in the 37.0-38.6 GHz and
38.6-40.0 GHz bands. This action is taken due to the complexity of the
issues raised in the NPRM and Order in ET Docket No. 95-183 and PP
Docket No. 93-253, FCC 95-500, (January 26, 1996). The intended effect
is to allow applicants an extended period of time in which to address
the issues pressented in the NPRM and Order.
DATES: Comments are to be filed on or before March 4, 1996 and reply
comments on or before April 1, 1996.
ADDRESSES: Federal Communications Commission, 1919 M Street, N.W.,
Washington, D.C. 20554.
FOR FURTHER INFORMATION, CONTACT: Jennifer Burton, Private Wireless
Division, (202) 418-0680.
SUPPLEMENTARY INFORMATION:
1. This is a synopsis of the Commission's Order, DA 96-144, adopted
February 9, 1996 and released February 9, 1996. The complete text of
this document is available for inspection and copying during normal
business hours in the FCC Reference Center (Room 239), 1919 M Street,
NW, Washington, D.C. 20554, and may be purchased from the Commission's
copy contractor, International Transcription Service, (202) 857-3800,
2100 M Street, NW, Washington, D.C. 20037.
2. By this action, we grant a second extension of time in which to
file comments and reply comments in this proceeding. Three parties--GHz
Equipment Company, Inc. (``GEC''), Winstar Wireless Fiber Corporation
(``WinStar''), and Fixed Point-to-Point Communications Section, Network
Equipment Division of the Telecommunications Industry Association
(``TIA'')--had requested additional time in response to an Order
Extending Time released on January 16, 1996. See 61 FR 2465 (January
26, 1996).
3. By way of background, on January 16, 1996, the Office of
Engineering Technology, on its own motion, extended the period of time
to file comments and reply comments to February 12, 1996 and February
27, 1996, respectively, because of the closure of the government from
mid-December to mid-January due to lack of funding and severe weather
conditions. Thus, the following motions for extension of time received
by the Commission on or before January 16, 1996, were mooted by the
January 16 Order Extending Time: Advanced Radio Technology, Ltd. Motion
for Extension of Time (filed January 11, 1996); AT&T Corporation
Comments in Support of the Motion for an Extension of Time to File
Comments and Reply Comments (filed January 16, 1996); BizTel, Inc.
Motion for Extension of Time (filed January 11, 1996); Commco, L.L.C.,
PLAINCOM, INC., Sintra Capital Corporation, James W. O'Keefe, and Eric
Sterman Motion for Extension of Time to File Comments (filed January
16, 1996); Digital Microwave Corporation (``DMC'') Motion for Extension
of Time (filed January 11, 1996); DMC Motion for Extension of Time
(filed January 16, 1996); Thomas Domencich, Milliwave Limited
Partnership, Columbia Capital
[[Page 6810]]
Corporation, Columbia Millimeter Communications, L.P, and Microwave
Partners Emergency Joint Motion for Extension of Time to File Comments
and Reply Comments (filed January 11, 1996); TIA Motion for Extension
of Time (filed January 11, 1996); WinStar Motion for Extension of Time
(filed January 16, 1996).
4. GEC's Motion, filed January 17, 1996, requests that the
Commission extend the deadline for filing comments (currently February
12, 1996) by 60 days, and reply comments (currently February 27, 1996)
by 45 days. WinStar's Petition for Reconsideration, filed January 19,
1996, requests that the deadline for filing comments be extended by 90
days and for filing reply comments by 45 days. TIA's Motion, filed
January 22, 1996, requests that the Commission extend the deadline for
filing reply comments by 20 days. No opposition to these requests has
been filed to date.
5. GEC seeks its requested extension because of the complexity and
volume of explicit comment sought in the NPRM and Order, 61 FR 2452 and
61 FR 2465 (January 26, 1996). GEC contends that the NPRM and Order
contains almost 100 distinct issues ranging from competitive bidding
procedures to modifications of technical rules, and proposals that are
new to the record and unfamiliar to many affected parties. WinStar
seeks an extension of time so that they may conduct engineering and
economic research and analysis. Finally, TIA seeks an extension in
order to respond meaningfully to complex studies and reply comments.
6. In light of the complexity of the issues raised in the NPRM and
Order, we agree with GEC, Winstar and TIA that the public interest
would be served by granting an extension. We nevertheless remain
concerned about avoiding a substantial delay in the resolution of
issues presented in this proceeding. Thus, we believe that a 20-day
extension of the comment period combined with an extended reply comment
period is appropriate.
Ordering Clauses
7. Accordingly, it is hereby ordered that the Motions for Extension
of Time filed by GEC and TIA and the Petition for Reconsideration filed
by Winstar are hereby granted to the extent stated herein.
8. It is further ordered that the Motions for Extension of Time set
forth supra at paragraph 2 are hereby dismissed as moot.
9. It is further ordered, pursuant to Section 1.46 of the
Commission's Rules, 47 CFR Sec. 1.46, that the deadline for filing
comments in this proceeding is extended from February 12, 1996 to March
4, 1996, and that the deadline for filing reply comments is extended
from February 27, 1996 to April 1, 1996.
10. This action is taken pursuant to authority found in Sections 4
(i) and 303 of the Communications Act of 1934, as amended, 47 U.S.C.
Secs. 154 (i) and 303, and Sections 0.131 and 0.332 of the Commission's
Rules, 47 CFR Secs. 0.131 and 0.332. For further information, contact
Jennifer Burton, Private Wireless Division, (202) 418-0680.
Federal Communications Commission
Robert H. McNamara,
Chief, Private Wireless Division, Wireless Telecommunications Bureau.
[FR Doc. 96-3822 Filed 2-21-96; 8:45 am]
BILLING CODE 6712-01-P
