[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Rules and Regulations]
[Pages 32240-32241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15519]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 87-268; DA 97-1193]
Advanced Television Systems and Their Impact on the Existing
Television Service
AGENCY: Federal Communications Commission.
ACTION: Final rule; consolidated petitions for reconsideration.
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SUMMARY: The Commission is allowing parties to submit consolidated
petitions for reconsideration of the Fifth Report and Order and Sixth
Report and Order in this proceeding. The Commission is also increasing
the page limit for such consolidated petitions to 50 pages. This action
will eliminate the need for filing of duplicative pleadings, reduce the
burden on responding parties and conserve Commission. Parties preparing
to submit petitions for reconsideration of either or both of these
decisions are also advised that they may submit filings addressing only
one of these decisions or may submit separate filings addressing both
decisions individually, in accordance with the standard procedures for
petitions for rule making.
[[Page 32241]]
Filings that address only one decision will continue to be limited to
25 pages.
DATES: Petitions for reconsideration of the Fifth Report and Order are
due June 16, 1997; petitions for reconsideration of the Sixth Report
and Order are due June 13, 1997.
ADDRESSES: Federal Communications Commission, 1919 M Street, NW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Bruce Franca (202-418-2470), Alan
Stillwell (202-418-2470) or Robert Eckert (202-428-2470), Office of
Engineering and Technology.
SUPPLEMENTARY INFORMATION:
1. On April 3, 1997, the Commission adopted two decisions in this
proceeding: the Fifth Report and Order in MM Docket No. 87-268, FCC 97-
116 and the Sixth Report and Order in MM Docket No. 87-268, FCC 97-115.
The Fifth Report and Order established service rules for digital
television (DTV); the Sixth Report and Order established a DTV Table of
Allotments, rules for the initial DTV allotments; procedures for
assigning for DTV channels, and plans for spectrum recovery.
2. On May 29, 1997, the Association for Maximum Service Television,
Inc. (MSTV) submitted a motion seeking permission to file a single
petition for reconsideration of the Fifth and Sixth Reports and Orders
that would exceed the 25-page limitation set forth in Sec. 1.429(d) of
the Commission's rules, 47 CFR 1.429(d). MSTV states that as evidenced
by the numerous passages in the decisions that refer back to the
separate decisions, the Commission's decisions with respect to many DTV
service rule and allotment/assignment issues are interrelated and
cannot be meaningfully assessed in isolation. It therefore submits that
one petition addressing both the Fifth and Sixth Reports and Orders
will provide an efficient means of responding to these decisions and
also provide the Commission with the most studied and accurate response
and information possible. It further states that a thoughtful
discussion in a single document of both DTV service rule and allotment/
assignment issues will necessitate exceeding the 25-page limitation.
3. We recognize MSTV's position that many of the issues addressed
in the Fifth and Sixth Reports and Orders are interrelated and that it
may be more efficient for parties to respond to these decisions in a
single, consolidated petition for reconsideration. In this case, a
single filing could eliminate the need for duplicative pleadings,
reduce the burden on responding parties and conserve Commission
resources. Thus, we find that there is good cause for granting MSTV's
motion for permission to file a single petition that addresses both
decisions. Although we do not routinely grant extensions of the page
limits for pleadings filed with the Commission (see 47 CFR 1.48(b)), we
find that, given the number and complexity of the issues addressed in
the Fifth and Sixth Reports and Orders, it is reasonable and
appropriate to allow a single petition for reconsideration addressing
both decisions to exceed the 25 page limit set forth in Sec. 1.429(d).
We also believe that a limit of 50 pages is appropriate for such
consolidated filings. Accordingly, we are allowing all interested
parties to submit consolidated petitions for rule making of the Fifth
and Sixth Reports and Orders and are increasing the page limit for such
petitions to 50 pages. Parties preparing to submit petitions for
reconsideration of either or both of these decisions are also advised
that they may submit filings addressing only one of these decisions or
may submit separate filings addressing both decisions individually, in
accordance with the standard procedures for petitions for rule making.
Filings that address only one decision will continue to be limited to
25 pages.
4. Accordingly, it is ordered, pursuant to Secs. 4(i) and 303(r) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and
303(r), and Secs. 0.31, 0.241, 1.3, and 1.429 of the Commission's
Rules, 47 CFR 0.31, 0.241, 1.3, and 1.429, that the motion of the
Association for Maximum Service Television, Inc. that we permit the
filing of consolidated petitions for reconsideration of the Fifth
Report and Order and the Sixth Report and Order in MM Docket No. 87-268
and extend the page limit for such consolidated petitions is granted,
as indicated above.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-15519 Filed 6-12-97; 8:45 am]
BILLING CODE 6712-01-P
