Fees for Ancillary or Supplementary Use of Digital Television Spectrum Pursuant to Section 336(e)(1) of the Telecommunications Act of 1996

Federal RegisterMar 2, 1998

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[MM Docket No. 97-247; DA 98-354]

Fees for Ancillary or Supplementary Use of Digital Television

Spectrum Pursuant to Section 336(e)(1) of the Telecommunications Act of

1996

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; extension of comment period.

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SUMMARY: On December 18, 1997, the Commission adopted a Notice of

Proposed Rule Making in this proceeding (FCC 97-414) (``NPRM'')

regarding the assessment of fees for the use of digital television

bitstream for the provision of ancillary or supplementary services.

Comments in this proceeding are presently due March 3, 1998, and reply

comments are due April 2, 1998. On February 19, 1998, the National

Association of Broadcasters (``Petitioner'') submitted a Motion for

Extension of Time to file comments in response to the NPRM, requesting

that the Commission extend the comment deadline to May 4, 1998, and the

reply comment deadline to June 2, 1998. The Motion for Extension of

Time is granted.

DATES: Comments are due on or before May 4, 1998 and Reply Comments are

due on or before June 2, 1998.

ADDRESSES: Comments should be sent to the Office of the Secretary,

Federal Communications Commission, 1919 M St., N.W., room 222,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Jerry Duvall, Chief Economist, Mass

Media Bureau (202) 418-2600, Susanna Zwerling, Policy and Rules

Division, Mass Media Bureau (202) 418-2140, or Jonathan Levy, Office of

Plans and Policy (202) 418-2030.

SUPPLEMENTARY INFORMATION: This is a summary of the Mass Media Bureau's

Order Granting Extension of Time for Filing Comments, DA 98-354 adopted

February 23, 1998 and released February 23, 1998. The full text of this

Mass Media Bureau Order is available for inspection and copying during

normal business hours in the FCC Dockets Branch (Room 239), 1919 M

Street N.W., Washington, D.C. The complete text of this Order may also

be purchased from the Commission's copy contractor, International

Transcription Services (202) 857-3800 2100 M Street, N.W., Suite 140,

Washington, D.C. 20037.

Synopsis of Order

On December 18, 1997, the Commission adopted a Notice of Proposed

Rule Making in this proceeding (FCC 97-414) (``NPRM'') regarding the

assessment of fees for the use of digital television bitstream for the

provision of ancillary or supplementary services. Comments in this

proceeding are presently due March 3, 1998, and reply comments are due

April 2, 1998.

On February 19, 1998, the National Association of Broadcasters

(``Petitioner'') submitted a Motion for Extension of Time to file

comments in response to the NPRM. Petitioner contends that additional

time is necessary for the preparation of research studies in response

to the NPRM which have been commissioned by petitioner in conjunction

with broadcast television networks. It requests that the Commission

extend the comment deadline to May 4, 1998, and the reply comment

deadline to June 2, 1998.

In section 1.46 of the Commission's Rules, it is our policy that

extensions of time for filing comments in rulemaking proceedings shall

not be routinely granted. However, because of the complexity of the

instant proceeding, and the potential benefits of the petitioner's

studies, we believe an extension of the comment deadline for the NPRM

is warranted. In the NPRM, at paragraph 27, the Commission

``encouraged[d] commenters to make specific recommendations as to the

level of the fee and type of fee assessment program to which the fee is

to be tied and to provide evidence to build a record supporting those

recommendations.'' To facilitate such efforts, we will grant petitioner

additional time to complete its research studies which can provide the

Commission a more complete record in this proceeding.

Accordingly, It is ordered that the Motion for Extension of Time

filed in MM Docket No. 97-247 by the National Association of

Broadcasters Is granted. The time for filing comments Is extended to

May 4, 1998.

It is further ordered that the time for filing reply comments Is

extended to June 2, 1998.

This action is taken pursuant to authority found in sections 4(i)

and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.

154(i) and 303(r), and sections 0.204(b), 0.283, and 1.45 of the

Commission's Rules, 47 CFR 0.204(b), 0.283, and 1.45.

List of Subjects in 47 CFR Part 1

Television, Television broadcasting.

Federal Communications Commission.

Roy J. Stewart,

Chief, Mass Media Bureau.

[FR Doc. 98-5237 Filed 2-27-98; 8:45 am]

BILLING CODE 6712-07-P

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