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Comment Deadlines Extended on Progeny's Test Report

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Released: November 30, 2012

Federal Communications Commission

DA 12-1930

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Request by Progeny LMS, LLC for Waiver of
)
WT Docket No. 11-49
Certain Multilateration Location and Monitoring
)
Service Rules
)

ORDER

Adopted: November 30, 2012

Released: November 30, 2012

Extended Comment Filing Deadline: December 21, 2012
Extended Reply Comment Filing Deadline: January 11, 2013

By the Chief, Wireless Telecommunications Bureau, and the Chief, Office of Engineering and Technology:
1.
On November 20, 2012, the Wireless Telecommunications Bureau and the Office of
Engineering and Technology released a Public Notice seeking comment on the Joint Testing Reports and
on Progeny's letter of October 31, 2012, that were submitted in WT Docket No. 11-49.1 In this Order, we
extend the comment and reply comment filing deadlines in this proceeding to provide that comments are
due on or before December 21, 2012, and reply comments are due on or before January 11, 2013.2
2.
On November 26, 2012, The Part 15 Coalition filed its Extension Request, in which it
asks that the comment deadlines be extended to provide that comments be due no later than December 21,
2012 and reply comments be due no later than January 21, 2013.3 The Part 15 Coalition asserts that the
proceeding "presents complex technical questions regarding the interference effects of an M-LMS
licensee on 902-928 MHz unlicensed devices," and that "the Commission must be certain that it makes
accurate findings."4 The Part 15 Coalition further claims that the release of the Public Notice and the


1 The Wireless Telecommunications Bureau and the Office of Engineering and Technology Seek Comment on
Progeny's Joint M-LMS Field Testing Reports, WT Docket No. 11-49 , Public Notice, DA 12-1877 (WTB, OET rel.
Nov. 20, 2012) (Public Notice). The Joint Testing Reports and Progeny's October 31 Letter are identified in the
Public Notice. See id. at nn.1-4. In addition, on November 20, 2012, the Wireless Telecommunications Bureau
released a Protective Order in this proceeding. Request by Progeny LMS, LLC for Waiver of Certain
Multilateration Location and Monitoring Service Rules, Protective Order, DA 12-1877 (WTB rel. Nov. 20, 2012)
(Protective Order).
2 Initially, under the Public Notice comments were due on or before December 11, 2012, and reply comments were
due on or before December 21, 2012.
3 The Part 15 Coalition Request for Extension of Comment and Reply Comment Deadlines, WT Docket No. 11-49,
filed November 26, 2012 (Extension Request). The Part 15 Coalition states that it is composed of entities that
manufacture, use, and/or represent users of unlicensed Part 15 devices that operate in the 902-928 MHz band. Id. at
2. Its members are the American Petroleum Institute, Elster Solutions, Itron, Inc., Landis+Gyr Company, Notor
Research, Silver Spring Networks, Utilities Telecom Counsel, and Wireless Internet Service Providers. Id. at
Attachment A. On November 29, 2012, Public Knowledge and the New America Foundation filed an ex parte
submission in support of the Extension Request. See Letter from Harold Feld, Public Knowledge, and Michael
Calabrese, New America Foundation, to Michael H. Dortch, FCC, WT Docket No. 11-49, filed Nov. 29, 2012.
4 See Extension Request at 3.

Federal Communications Commission

DA 12-1930

Protective Order creates a situation where parties "will effectively be left with only seven business days
to review materials and prepare comments."5 The Part 15 Coalition states that an extension of time is
necessary and would be in the public interest "[g]iven the complexity and volume of the data and
importance of the FCC's decision in this proceeding."6
3.
On November 27, 2012, Progeny LMS, LLC (Progeny) filed an opposition to the Joint
Motion.7 Progeny claims that adherence to the comment schedule is "particularly justified in this case
given the growing and critical need for the E911 position location services that Progeny seeks to provide
to support emergency first responders."8 Progeny also asserts that many of the Part 15 Coalition members
have had lengthy access to the Joint Testing Reports, and that those members have "worked jointly with
Progeny to develop and conduct the tests" or have been "clearly aware" that the Joint Test Reports were
filed and made public before release of the Public Notice.9 Progeny further claims that the release of the
Protective Order does not warrant an extension, and disagrees with the suggestion that the analysis of the
test reports may be "rushed" or inaccurate.10
4.
The Commission's policy, as set forth in Section 1.46(a) of its rules,11 is that extensions
of time are not routinely granted. In the instant case, however, we find that under these particular
circumstances granting an extension of the comment and reply comment periods will serve the public
interest by allowing all parties additional time to consider issues in the proceeding. Under the
circumstances of this proceeding, we find that the request for ten additional days for filing comments to
be reasonable, and we extend the comment period until December 21, 2012. We also provide ten
additional days for filing reply comments and extend the reply comment deadline until January 11, 2013,
which we find to be sufficient for this proceeding.
5.
Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act
of 1934, as amended, 47 U.S.C. 154(i), and sections 0.131, 0.331, and 1.46 of the Commission's Rules,
47 C.F.R. 0.131, 0.331, and 1.46, The Part 15 Coalition's Request for Extension of Comment and
Reply Comment Deadlines IS GRANTED IN PART AND DENIED IN PART.
6.
IT IS FURTHER ORDERED that, pursuant to section 4(i) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), and sections 0.131, 0.331, and 1.46 of the Commission's rules, 47
C.F.R. 0.131, 0.331, and 1.46, the deadline to file comments in this proceeding is extended to
December 21, 2012 and the deadline to file reply comments in this proceeding is extended to January 11,
2013.


5Id. at 3-4.
6Id. at 4.
7 Opposition of Progeny LMS, LLC, WT Docket No. 11-49, filed November 27, 2012 (Opposition).
8 Id. at 1.
9 Id. at 3-4.
10 Id. at 4-5.
11 47 C.F.R. 1.46(a).
2

Federal Communications Commission

DA 12-1930

FEDERAL COMMUNICATIONS COMMISSION
Ruth Milkman
Chief, Wireless Telecommunications Bureau
Julius P. Knapp
Chief, Office of Engineering and Technology
3

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