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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                )
Advanced Television Systems     )  MM Docket No. 87-268
And Their Impact Upon the Existing)
Television Broadcast Service    )


                             ORDER


   Adopted:  July 12, 1999              Released:  July 12, 1999

By the Chief, Mass Media Bureau:

     1.  The Commission has before it the Petition for Partial Reconsideration ("Petition") of the Second
Memorandum Opinion and Order on Reconsideration of the Fifth and Sixth Report and Orders in the Digital
Television ("DTV") proceeding filed by Corridor Television, L.L.P. ("Corridor"), permittee of unbuilt NTSC
station KBEJ(TV), channel 2, Fredericksburg, TX.  Corridor's Petition asks the Commission to reconsider its
prior decisions to limit initial eligibility for a temporary paired DTV channel to those parties who were NTSC
permittees or licensees as of the adoption date of the Fifth Report and Order and not to broaden initial
eligibility to those whose construction permit applications remained pending as of that date, regardless of when
the applications were filed.  Corridor asks the Commission to broaden initial eligibility to include those whose
construction permit applications were filed before October 24, 1991.  As discussed below, Corridor's Petition
is dismissed as repetitious.

                            BACKGROUND

     2.  In the Fifth Report and Order, based on the Telecommunications Act of 1996 ("1996 Act"), the
Commission limited initial eligibility for temporary paired DTV channels to those who, as of the date of
issuance of the initial DTV licenses (i.e., April 3, 1997), held a license to operate a television station, a permit
to construct such a station, or both.  Because the mutually exclusive Fredericksburg construction permit
applications were still pending, Corridor did not fall into the class of broadcasters initially eligible for a
temporary paired DTV channel.

     3.  In the DTV Memorandum Opinion and Order on Reconsideration of the Fifth Report and Order
("Service Reconsideration Order"), 13 FCC Rcd 6860 (1998), in response to petitions for reconsideration, the
Commission declined to broaden initial eligibility for a temporary paired DTV channel to include those whose
NTSC construction permit applications remained pending as of April 3, 1997 ("pending applicants").  The
Commission also stated that it would afford the pending applicants whose construction permit applications
were subsequently granted the choice to immediately construct either an analog or a digital station on the
channel they were granted.  While this applied to all pending applicants, the Commission specifically noted that
parties whose applications were filed before October 24, 1991, may have relied on DTV initial eligibility
criteria set by the Commission before passage of the 1996 Act.  Accordingly, the Commission provided all
pending applicants with the right to convert to DTV on their NTSC channels in compliance with the DTV
technical rules.  Service Reconsideration Order at 6865-66.

     4.  In the 2nd MO&O, the Commission denied petitions for reconsideration of the Service Reconsideration
Order filed by parties, held not initially eligible for temporary paired DTV channels, whose construction permit
applications were filed before October 24, 1991.  The Commission reaffirmed its decision not to grant
temporary paired DTV channels to parties whose applications were filed before October 24, 1991.  The
Commission made clear that it "would not expect to entertain any further requests for reconsideration or
requests in any other context that ask that additional categories of NTSC applicants be afforded a paired digital
channel with the analog channel they are granted."  Corridor then filed the instant Petition.

                            DISCUSSION

     5.  Corridor's Petition requests the Commission to reconsider its denial of previous petitions for
reconsideration filed earlier in this proceeding.  However, the 2nd MO&O did not modify any rule or policy
regarding the pending applicants whose applications were filed before October 24, 1991.  To the contrary, it
denied petitions to reconsider the policy that had been clearly established in the Service Reconsideration Order:
not to grant initial eligibility for a temporary paired DTV channel to any of the pending applicants, even those
whose applications had been filed before October 24, 1991.  Pursuant to Section 1.429(i) of the Commission's
rules, "[a]ny order disposing of a petition for reconsideration which modifies rules adopted by the original order
is, to the extent of such modification, subject to reconsideration in the same manner as the original order. 
Except in such circumstance, a second petition for reconsideration may be dismissed by the staff as
repetitious."  47 C.F.R.  1.429(i).  Because those aspects of the 2nd MO&O that relate to the pending
applicants are not subject to reconsideration, Corridor's Petition is dismissed as repetitious.

     6.  In addition, Corridor's Petition is procedurally defective under Section 1.429(b) of the Commission's
rules.  47 C.F.R.  1.429(b).  Corridor should have sought reconsideration of the Commission's eligibility
decision by timely filing a Petition for Reconsideration of the Service Reconsideration Order and making the
arguments it now makes in the Petition to reconsider the 2nd MO&O.  All pending applicants were aware of
the impact the Service Reconsideration Order would have on them if they were to become NTSC permittees,
regardless of when their applications were ultimately granted.  While Corridor claims that its construction
permit grant was not final until after the time for seeking reconsideration of the Service Reconsideration Order,
Corridor points to no rule requiring it to wait to seek Commission reconsideration of the Commission's
eligibility decisions in this proceeding until the grant of its NTSC construction permit application was final. 
Corridor was not required to wait until its construction permit grant was final before seeking reconsideration. 

     7.  Accordingly, IT IS ORDERED that pursuant to Sections 1.429(b) and (i) of the Commission's rules,
47 C.F.R.  1.429(b), 1.429(i), the Petition for Partial Reconsideration of Corridor Television, L.L.P., seeking
reconsideration of the Second Memorandum Opinion and Order IS DISMISSED.

                         FEDERAL COMMUNICATIONS COMMISSION



                         Roy J. Stewart
                         Chief, Mass Media Bureau