$// Spectrum below 5 GHz, ET Dkt No. 94-32, DA 95-521 //$ ///newjob/// $///DA 95-521 Record only 4-12-95///$ DA 95-521 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. ET Docket No. 94-32 In the Matter of Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use ORDER Adopted: March 16, 1995; Released: March 17, 1995 By the Chief, Policy Division, Wireless Telecommunications Bureau: 1. The First Report and Order and Second Notice of Proposed Rule Making (Report and Notice) in the above entitled proceeding, FCC 95-47, was adopted by the Commission on February 7, 1995, and released on February 17, 1995. A summary of the Report and Notice was published in the Federal Register on March 10, 1995. Comments in this proceeding are due March 20, 1995. Reply comments are due April 4, 1995. 2. On March 10, 1995, the Association for Maximum Service Television, Inc. (MSTV) filed a Motion for Extension of Time for the filing of comments and reply comments with the Commission until May 19, 1995, and June 5, 1995, respectively. MSTV states that an extension of the comment dates would allow time for the coordination within the broadcast industry to formulate and present a unified approach to spectrum allocation issues that are crucial to the future health of broadcasting. MSTV further states that the grant of additional time would not delay the assignment of the spectrum at issue since MSTV and other broadcasting organizations are preparing to file a petition for reconsideration of the Report and Notice that will question the legality of the Commission's central approach in allocating spectrum in the 4 GHz band. It states that while it is prepared to file comments before the Commission actually rules on its petition for reconsideration, there appears to be no reason to file comments well in advance of the Commission's consideration of that forthcoming petition for reconsideration and even several weeks before that petition become due. 3. The Commission has a statutory deadline of August 9, 1995, to adopt regulations for licensing the first 50 megahertz of spectrum reallocated from the Federal Government. See Section 309(j)(10)(B)(iii) of the Communications Act, 47 U.S.C.  309(j)(10)(B)(iii). While we commend MSTV's stated intention of developing a unified industry approach that would render such comments more useful to the Commission, we note that this proceeding began almost one year ago with the adoption of a Notice of Inquiry on April 20, 1994. We believe that there has been ample time for interested parties to formulate positions with respect to this allocation proceeding, and we find no merit to the suggestion that the comment period in this pending proceeding should be extended. Such an extension of time would greatly reduce the Commission's time to analyze comments and reply comments thoroughly before making its decisions in this proceeding in compliance with the statutory deadline. 4. With respect to MSTV's stated intention to file a petition for reconsideration questioning the legality of the Commission's adoption of a Fixed and Mobile non- Government allocation for the 4 GHz band, we are not persuaded that the MSTV's filing of a petition for reconsideration will necessitate any delay in this proceeding. 5. Accordingly, IT IS ORDERED, that the motion for extension of time filed by the Association for Maximum Service Television, Inc., is DENIED. FEDERAL COMMUNICATIONS COMMISSION John Cimko Chief, Policy Division Wireless Telecommunications Bureau