NOTICE ************************************************************************* NOTICE ************************************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* Before the Federal Communications Commission Washington, D.C. 20554 ) In re Applications of ) ) PCS 2000, L.P. ) ) For Authority to Construct and ) Operate in the Broadband Personal ) Communications Services in the Basic ) Trading Areas of Bakersfield, Visalia-Porter-) Hanford, Merced Redding, Eureka, Modesto,) and Fresno, CA; Logan, Salt Lake City-Ogden) and Provo-Orem, UT; Mayaguez/Aquadilla) and San Juan, PR; Lewiston-Moscow and) Boise-Nampa, ID; and Reno, NV ) ORDER Adopted: September 13, 1996 Released: September 13, 1996 By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On July 2, 1996, PCS 2000, L.P. ("PCS 2000"), a successful bidder for licenses in the broadband C block personal communications services ("PCS"), submitted major amendments to its pending FCC Form 600 applications to reflect a substantial change of ownership or control of the applicant. The Commission released a Public Notice on July 11, 1996, which pursuant to Section 309(b) of the Communications Act of 1934, as amended, 47 U.S.C.  309(b), and Section 24.827 of the Commission's Rules, 47 C.F.R.  24.827, accepted the amendments for filing. Petitions to deny the amended applications were due 30 days from the date of the Public Notice, opposition to petitions to deny were due 10 days after the original petition to deny was filed, and replies to opposition were due no later than 5 days after the time for filing oppositions had expired. 2. On August 12, 1996, Tony J. Tanke ("the Petitioner"), as the Trustee of the SDE Trust ("Trust"), petitioned the Commission to deny PCS 2000's amended applications, and to grant the Trust injunctive relief pendente lite. As grounds for its Petition to Deny or for Injunctive Relief, the Trust argued that the transfer of the sole general partner interest in PCS 2000 from Unicom Corporation ("Unicom") to SuperTel Communications Corporation ("SuperTel") was intended to eliminate the interest of the Trust. PCS 2000 filed an Opposition to Petition to Deny or for Injunctive Relief on August 27, 1996. 3. On September 9, 1996, the same day a Reply to the Opposition to Petition to Deny or for Injunctive Relief was due, the Trust filed a Motion for Extension of Time, until September 13, 1996, in which to respond to PCS 2000's Opposition. In support of this Motion, the Petitioner stated that he was scheduled to appear before the California Supreme Court and that the time required to prepare for argument as well as the press of other business necessitated his need for a four day extension. As Exhibit A to his Motion, the Petitioner provided a letter dated September 6, 1996, explaining that on September 5, 1996 he had orally requested an extension of time from counsel for PCS 2000, and that his request was subsequently refused. PCS 2000 has not filed an Opposition to the Motion for Extension of Time with the Commission. 4. We concur with the Petitioner that a brief four day extension of time is in the public interest. We therefore GRANT the Petitioner's Motion for Extension of Time. Accordingly, it is ORDERED that, pursuant to Section 1.46 of the Commission's Rules, 47 C.F.R. 1.46, the deadline for filing a Reply in this proceeding IS EXTENDED to September 13, 1996. FEDERAL COMMUNICATIONS COMMISSION David Furth Chief, Commercial Wireless Division Wireless Telecommunications Bureau