11 FCC Red No. 4 Federal Communications Commission Record DA 96-8 Before the Federal Communications Commission Washington, D.C. 20554 MM Docket No. 87-268 In the Matter of Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service ORDER GRANTING EXTENSION OF TIME FOR FILING REPLY COMMENTS Adopted: January 11, 1996; Released: January 11, 1996 Reply Comment Date: January 22, 1996 By the Chief, Mass Media Bureau: 1. On July 28, 1995, the Commission, as part of its ongoing Advanced Television rulemaking proceeding, adopted a Fourth Further Notice of Proposed Rulemaking and Third Notice of Inquiry ("Fourth Furtht:r Notiu").' Ini­ tially, comments on the Fourth Further Notice were due on October 18, 1995, and reply comments on December 4, 1995. Subsequently, in response to the request of several parties, the Chief, Mass Media Bureau. extended the dead­ lines for filing comments and reply comments to Novem­ ber 15, 1995 and January 12, 1996, respectively.2 By Public Notice , Procedures for the Filing of Documents that Wt:re Due During the Government Shutdown or During the Weath­ er Emergency, DA 96-2, released January 11, 1996, the Commission provided that documents due to be filed on January 11 or 124 1996, which would include reply com­ ments in the instant proceeding, are now due on January 16, 1996. 2. By letter, dated January 10, 1996 and sent by facsimile mail, Robert K. Graves of R. K. Graves Associates. on behalf of the HDTV Grand Alliance ("Graves"), has re­ quested that the Commission extend the due date for filing reply comments in this proceeding to January 26. 1996. In support of that request, Graves notes that: ( I) the volume of the comments covering a broad range of issues has made it difficult to prepare thoughtful and thorough responses within the current time frame: (2) the closure of the Commission as part of the partial federal government shutdown last November caused the comments to be filed on November 20 or later , at least five days after the sched­ uled due date; (3) the preoccupation of the Grand Alliance and other parties with preparations for the December 12 en bane hearing made it impossible to begin preparing reply comments until after the hearing and demonstrations: (4) a substantial body of additional testimony was filed in con­ nection with the hearing, requiring further analysis: and 1 10 FCC Red 10540 (1995). 2 Order Granting Extension of Time for Filing Comments and Reply Comments, DA 95-2137, released October 11, IQQ5. • '7'70 (5) the blizzard of 1996 has made it very difficult for those involved in preparing the reply for the Grand Alliance to communicate and share information effectively during the last week. Graves also notes that it has been impossible to request an extension earlier because the Commission has been closed, first because of the partial Government shutdown due to lack of appropriations and then because of the bad weather. 3. We are mindful that Section 1.46 of the Commission's Rules, 47 C.F.R. § 1.46, articulates a Commission policy that extensions of time for filing comments in rulemaking proceedings are not to be routinely granted and that we have, in our earlier Order extending the comment and reply comment deadlines in this proceeding stated that we do not anticipate that it would be necessary to allow a further extension of time for filing comments or reply comments in response to the Fourth Further Notice. Never­ theless, we find that good cause exists for granting a short extension of the reply comment deadlines. We wish to afford the parties an adequate opportunity for reasoned replies to the comments in this proceeding and are aware that the Fourth Further Notice raised many complex issues. We take note of the blizzard of 1996, an extremely unusual event, which has stalled mail deliveries. disrupted transit, and forced many workplaces to close, among other things, and has therefore undoubtedly complicated efforts to com­ plete the reply comments, particularly for those parties whose comments required coordination among multiple entities or persons. However, we hesitate to extend the reply comment date until January 26, 1996, as requested by Graves, because we do not want to unnecessarily delay the conclusion of this lengthy proceeding. Accordingly, we will grant a short extension of the reply comment deadline until January 22, 1996. 4. Accordingly, IT IS ORDERED. that the letter request, filed by Robert K. Graves on behalf of the HDTV Grand Alliance. seeking an extension of time in which to file reply comments in response to the Fourth Further Notice of Proposed Rulemaking and Third Notice of Inquiry in MM Docket No. 87-268, IS GRANTED to the extent indicated herein and, in all other respects IS DENIED. 5. IT IS FURTHER ORDERED. that the time for filing reply comments in the above- captioned proceeding IS EXTENDED to January 22, 1996. 6. This action is taken pursuant to authority found in Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and 303(r), and Sections 0.204(b), 0.283 and 1.45 of the Commission's Rules, 47 C.F.R. §§ 0.204(b), 0.283 and 1.45. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau