Television broadcasting: Telecommunications Act of 1996; implementation— Digital television spectrum ancillary or supplementary use by DTV licensees,

[Federal Register: June 1, 1998 (Volume 63, Number 104)]

[Proposed Rules]

[Page 29687-29688]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr01jn98-39]

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[MM Docket No. 97-247; DA 98-962]

Fees for Ancillary or Supplementary Use of Digital Television Spectrum

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; extension of reply comment period.

SUMMARY: On December 18, 1997, the Commission adopted a Notice of Proposed Rule Making in this proceeding, FCC 97-414, regarding the assessment of fees for the use of digital television bitstream for the provision of ancillary or supplementary services. Comments in this proceeding were initially due March 3, 1998, and reply comments were due April 2, 1998. By Order Granting Extension of Time for Filing Comments of February 23, 1998 (``February 23 Order''), the Mass Media Bureau extended the deadline for filing comments to May 4, 1998 and for filing reply comments to June 2, 1998. On May 13, 1998, The Office of Communication of the United Church of Christ, the Benton Foundation, the Center for Media Education, the Civil Rights Forum, and the Media Access Project (``Petitioners'') submitted a Request for Extension of Time to file reply comments. The Commission hereby grants petitioners request and extends the reply comment deadline to August 3, 1998.

DATES: Reply Comments are due on or before August 3, 1998.

ADDRESSES: Comments should be sent to the Office of the Secretary, Federal Communications Commission, 1919 M St., NW, 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 Reply Comments, DA 98-962 adopted May 20, 1998 and released May 20, 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 NW, Washington, DC. 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, NW, Suite 140, Washington, DC 20037.

Synopsis of Order

On December 18, 1997, the Commission adopted a Notice of Proposed Rule Making 63 FR 460, January 6, 1998, in this proceeding, regarding the assessment of fees for the use of digital television bitstream for the provision of ancillary or supplementary services. Comments in this proceeding were initially due March 3, 1998, and reply comments were due April 2, 1998. By Order Granting Extension of Time for Filing Comments of February 23, 1998 (``February 23 Order''), the Mass Media Bureau extended the deadline for filing comments to May 4, 1998 and for filing reply comments to June 2, 1998. On May 13, 1998, The Office of Communication of the United Church of Christ, the Benton Foundation, the Center for Media Education, the Civil Rights Forum, and the Media Access Project (``Petitioners'') submitted a Request for Extension of Time to file reply comments. Petitioners contend that additional time is necessary to examine, analyze and respond to the economic studies filedas comments in this proceeding. Petitioners request that the Commission extend the reply comment deadline to August 3, 1998.

The Commission's Rules state that it is our policy that extensions of time for filing comments in rulemaking proceedings shall not be routinely granted. 47 CFR 1.46. However, as we stated in the February 23 Order, the complexity of the instant proceeding and the potential benefits of the commenters' economic studies warranted the original extension of the comment period. The economic studies submitted by commenters are consistent with the Commission's request in paragraph 27 of the NPRM, that commenters ``make specific recommendations as to the level of the fee and type of fee assessment program

[[Page 29688]]

to which the fee is to be tied and to provide evidence to build a record supporting those recommendations.'' Petitioners request an extension of time so that they can seek to an economist to examine, analyze and respond to the various economic studies that have been submitted. In order to achieve the full benefits of the economic studies filedin this proceeding, and to permit a comprehensive analysis of these studies, we will grant petitioners additional time to analyze the commenters' studies and to file reply comments. This extension can provide the Commission a more complete record in this proceeding.

Accordingly, It is ordered that the time for filing reply comments Is extended to August 3, 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.

List of Subjects in 47 CFR Part 1

Television, Television broadcasting.

Federal Communications Commission. Roy J. Stewart, Chief, Mass Media Bureau.

[FR Doc. 98-14377Filed5-29-98; 8:45 am]

BILLING CODE 6712-07-P

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