37.0-38.6 GHz and 38.6-40.0 GHz Bands and Implementation of Section 309(j) of the Communications ActCompetitive Bidding

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 21 and 94

[ET Docket No. 95-183; PP Docket No. 93-253; DA 96-455]

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; denial of request for extension of time.

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SUMMARY: The Commission denies an extension of time for filing 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 because the filing dates were

previously extended and it is the Commission's policy that extensions

of time not be routinely granted. The intended effect of this action is

to expedite the resolution of the issues raised in this proceeding.

DATES: Reply comments were due on April 1, 1996.

ADDRESSES: Federal Communications Commission, 1919 M Street N.W.,

Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Freda Lippert Thyden, Wireless

Telecommunications Bureau, (202) 418-0627.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,

DA 96-455, adopted March 28, 1996 and released March 28, 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, N.W., Washington, D.C. 20554, and may be purchased from

the Commission's copy contractor, International Transcription Service,

(202) 857-3800, 2100 M Street, N.W., Washington, D.C. 20037.

By this action, we deny a third extension of time in which to file

reply comments in this proceeding. (61 FR 2465, January 26, 1996).

Bachow and Associates, Inc. (``Bachow''), requested that the time for

filing reply comments in this proceeding be extended from April 1, 1996

to April 22, 1996.

By way of background, on January 16, 1996, the Commission's Office

of Engineering Technology, on its own motion, extended the initial

comment and reply comment period in the above-captioned proceeding from

January 16, 1996, and January 31, 1996, respectively, to February 12,

1996, and February 27, 1996, respectively. On February 9, 1996, the

Private Wireless Division further extended the deadline for filing

comments and replies to March 4, 1996, and April 1, 1996, respectively,

at the request of Winstar Wireless Fiber Corporation, GHz Equipment

Company, Inc., and the Fixed Point-to-Point Communications Section,

Network Equipment Division of the Telecommunications Industry

Association (61 FR 6809, February 22, 1996).

Bachow contends that the volume of comments, the number and

complexity of the issues involved and the initial delay in availability

of filed comments necessitate an extension of three weeks for the

filing of replies. We disagree. The facts of this case do not warrant

what, in essence, would be a third extension of the filing period. It

is the policy of the Commission that extensions of time not be

routinely granted. Upon granting the last extension, the public was

fully apprised of our increasing concern over the delay in this

proceeding. In requesting additional time, Bachow has failed to cite

any convincing reason for again postponing the deadline for filing

reply comments.

Ordering Clauses

Accordingly, it is hereby ordered that the Motion for Extension of

Time to File Reply Comments filed by Bachow and Associates, Inc., on

March 25, 1996 is denied.

This action is taken pursuant to the authority provided in Section

1.46 of the Commission's Rules.

Federal Communications Commission.

Robert H. McNamara,

Chief, Private Wireless Division, Wireless Telecommunications Bureau.

[FR Doc. 96-10165 Filed 4-30-96; 8:45 am]

BILLING CODE 6712-01-P