******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of the Commission's Rules to) Relocate the Digital Electronic Message)ET Docket 97-99 Service from the 18 GHz Band to the 24 GHz) Band and to Allocate the 24 GHz Band for ) Fixed Service ) ORDER Adopted: July 31, 1997Released: July 31, 1997 By the Chief, Public Safety and Private Wireless Division: 1. This action is in response to a July 28, 1997 Joint Motion for Leave to File Consolidated Opposition ("Joint Motion") filed by Digital Services Corporation, Microwave Services, Inc., and Teligent, L.L.C. ("the Parties"), concerning a June 24, 1997 Order adopted by the Public Safety and Private Wireless Division that modified Digital Electronic Message Service (DEMS) licenses. This action was taken pursuant to the Commission's March 14, 1997 Order, which required the relocation of DEMS from the 18 GHz Band to the 24 GHz Band. On July 18, 1997, the Commission received a Petition for Reconsideration filed by BellSouth Corporation (BellSouth) and on July 23, 1997, the Commission received a Petition for Reconsideration filed by DIRECTV Enterprises, Inc. (DIRECTV) and Applications for Review filed by Millimeter Wave Carrier Association, Inc. ("MWCA") and WebCel, Inc (WebCel). All four filings seek review of the DEMS Modification Order. In their Joint Motion, the Parties seek to file a consolidated opposition to the Petitions for Reconsideration and the Applications for Review. 2. In the Joint Motion, the Parties argue that under the Commission's Rules, the opposition to the Petitions for Reconsideration must be filed by July 31, 1997. However, oppositions to the Applications for Review filed by MWCA and WebCel must be filed with the Commission by August 7, 1997. In the Joint Motion, the Parties indicate that they have identified similar arguments for comment in the Petitions for Reconsideration and the Applications for Review, and request leave to file a consolidated opposition. The Parties state that a consolidated opposition will allow them to file a single responsive pleading, streamlining the Commission's review of the DEMS Modification Order. In the Joint Motion, the Parties request August 7, 1997 as the date by which the Commission should allow them to file a consolidated opposition. Neither BellSouth nor DIRECTV oppose the Parties' request. 3. Accordingly, IT IS ORDERED that the Parties' Joint Motion for Leave to File Consolidated Opposition in response to the Petition for Reconsideration filed by BellSouth Corporation and the Applications for Review filed by Millimeter Wave Carrier Association, Inc. and WebCel, Inc. IS GRANTED. In addition, IT IS FURTHER ORDERED that the Parties' Further Joint Motion for Leave to File Consolidated Opposition in response to the Petition for Reconsideration filed by DIRECTV Enterprises, Inc. IS GRANTED. 4. Under Section 1.106(g) of the Commission's Rules, 47 C.F.R. 1.106(g), oppositions to petitions for reconsideration must not exceed 25 double spaced typewritten pages. Similarly, under Section 1.115(f)(1) of the Commission's Rules, 47 C.F.R. 1.115(f)(1), oppositions to applications for review of action taken pursuant to delegated authority must not exceed 25 double spaced typewritten pages. Because this Order grants leave for the Parties to file a consolidated opposition, we will, on our own motion, prescribe a page limit that recognizes the multiple documents that the Parties plan to discuss, yet which accounts for the related issues the consolidated opposition will address. Therefore, IT IS FURTHER ORDERED that the Parties' opposition may not exceed 40 double spaced typewritten pages, and any consolidated opposition by the Parties must be filed on or before August 7, 1997. 5. This Order is effective July 31, 1997, and is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R.  0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION David E. Horowitz Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau