Federal Communications Commission                  DA 98-362


                            Before the
               FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C. 20554

In the Matter of                             )
                                                  )
Amendment of the Commission's           )    ET Docket No. 95-183 
Rules Regarding the 37.0-38.6 GHz and        )    RM-8553 
38.6-40.0 GHz Bands                 )
                                ) 
                                )   
Implementation of Section 309(j) of the      )    PP Docket No. 93-253
Communications Act -- Competitive       ) 
Bidding, 37.0-38.6 GHz and 38.6-40.0 GHz     )              


        FURTHER ERRATUM TO REPORT AND ORDER AND SECOND 
                  NOTICE OF PROPOSED RULE MAKING                 

                                        Released:  February 27, 1998 

By the Chief, Wireless Telecommunications Bureau:

     This Erratum corrects a portion of the final rules adopted in the Report and Order and
Second Notice of Proposed Rule Making in the above-captioned proceeding, FCC 97-391
(released November 3, 1997), 12 FCC Rcd 18600 (1997).  A summary of the Report and Order,
including the final rules, was published in the Federal Register on February 6, 1998 at 63 Fed.
Reg. 6079 (1998).

     1.   Section 1.2102, as revised in the Report and Order and Second Notice of Proposed
Rule Making in the above-captioned proceeding, is corrected to conform to the recent
amendment of Section 1.2102 in Amendment of Part 1 of the Commission's Rules -- Competitive
Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule
Making, FCC 97-413 (released December 31, 1997), 13 FCC Rcd 374 (1998), published in the
Federal Register at 63 Fed. Reg. 2315, 2340 (January 15, 1998).  

       As corrected, Section 1.2102 reads as follows:
          
           1.2102   Eligibility of Applications for Competitive Bidding. 
          
          (a)  Mutually exclusive initial applications are subject to competitive
          bidding.
          
                              Federal Communications Commission            DA 98-362 




          (b)   The following types of license applications are not subject to  competitive bidding procedures:
               (1)  Public safety radio services, including private internal radio        services used by state and local governments and non-government  entities and including emergency road services provided by  not-for-profit organizations, that
                    (i)  Are used to protect the safety of life, health, or property; and
                    (ii) Are not commercially available to the public;
               (2)  Initial licenses or construction permits for digital television       service given to existing terrestrial broadcast licensees to replace
               their analog television service licenses; or
               (3)  Noncommercial educational and public broadcast stations          described under 47 U.S.C.  397(6).
           
        Note to  1.2102: To determine the rules that apply to competitive bidding, specific service 
        rules should also be consulted.
         
        
               

                            FEDERAL COMMUNICATIONS COMMISSION





                            Daniel B. Phythyon
                            Chief, Wireless Telecommunications Bureau