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 ActCompetitive Bidding

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 21 and 94

[ET Docket No. 95-183; PP Docket No. 93-253; DA 96-144]

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