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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Fax-  On-  Demand  202  /  418-  2830  TTY  202  /  418-  2555  Internet:  http://  www.  fcc.  gov  ftp  fcc  gov 
 DA  01-  2610 
 November  8,  2001 


 Comments  Requested  on  Motion  for  Stay 
 Of  Mandatory  Negotiation  Period 
 ET  Docket  No.  95-  18 


 On  June  27,  2000,  the  Commission  adopted  a  Second  Report  and  Order  and  Memorandum  Opinion  and  Order  establishing  procedures  for  relocating  incumbent  Broadcast  Auxiliary  Service  (BAS)  in  frequency 
 bands  at  2  GHz  that  were  reallocated  to  the  new  Mobile  Satellite  Service  (MSS).  See  Amendment  of  Section  2.106  of  the  Commission’s  Rules  to  Allocate  Spectrum  at  2  GHz  for  Use  by  the  Mobile-  Satellite 
 Service,  ET  Docket  No.  95-  18,  15  FCC  Rcd  1231  (2000).  As  part  of  these  procedures,  the  Commission  established  a  two  year  mandatory  negotiation  period  between  MSS  and  BAS  licensees.  See  47  C.  F.  R. 
 §74.690.  On  October  22,  2001,  the  National  Association  of  Broadcasters  (NAB)  and  the  Association  for  Maximum  Service  Television,  Inc.  (MSTV)  filed  a  “Motion  for  Stay  of  Mandatory  Negotiation  Period.” 


 NAB  and  MSTV  notes  that  since  adoption  of  the  2  GHz  Relocation  Report  and  Order,  the  Commission  has  commenced  two  proceedings  that  affect  the  relocation  process  now  underway  and  thus  the  mandatory 
 negotiation  deadline.  In  “Amendment  of  Part  2  of  the  Commission’s  Rules  to  Allocate  Spectrum  Below  3  GHz  for  Mobile  and  Advance  Services”  (Memorandum  Opinion  and  Order  and  Further  Notice  of 
 Proposed  Rule  Making),  ET  Docket  No.  00-  258  (rel.  August  20,  2001),  the  Commission  proposed  to  reallocate  a  portion  of  the  BAS  spectrum  that  broadcasters  will  vacate  to  provide  spectrum  for  advanced 
 wireless  services,  and  in  “Flexibility  for  Delivery  of  Communications  by  Mobile  Satellite  Service  Providers”,  IB  Docket  No.  01-  185  (rel.  August  17,  2001),  the  Commission  asked  whether  it  should 
 permit  MSS  licensees  to  offer  terrestrial  wireless  services  in  addition  to  satellite  based  services,  and  if  so,  under  what  conditions.  NAB  and  MSTV  request  that  we  stay  the  negotiation  period  until  the  Commission 
 addresses  these  new  issues  concerning  the  reallocation  of  spectrum  at  2  GHz  and  the  relocation  plan  for  BAS  incumbents  and,  if  the  Commission  decides  to  reallocate  spectrum,  until  new  entrants  are  licensed. 


 The  Office  of  Engineering  and  Technology  seeks  comments  from  interested  parties  concerning  the  “Motion  for  Stay.” 
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 Comments  on  the  “Motion  for  Stay”  shall  be  filed  by  no  later  than  November  30,  2000.  Comments  are  to  be  filed  with  the  Commission  following  the  same  procedures  applicable  to  the  Notice  of  Proposed  Rule 
 Making  in  this  proceeding,  ET  Docket  No.  95-  18.  Paper  copies  may  be  filed  with  the  Commission’s  Secretary,  Magalie  Roman  Salas,  Office  of  the  Secretary,  Federal  Communications  Commission,  445  12  th 
 Street,  SW,  TW-  A325,  Washington,  D.  C.  20554.  Electronic  copies  may  be  filed  at  www.  fcc.  gov/  e-file/  ecfs.  html.  A  copy  of  each  filing  should  be  sent  to  Qualex  International,  445  12  th  Street,  SW,  Room 
 CY-  B-  402,  Washington,  D.  C.  20554.  The  full  text  of  this  “Motion  for  Stay”  is  available  on  the  ECFS  and  at  the  FCC  Reference  Center,  Room  TW-  A306,  445  12  th  Street,  SW,  Washington,  D.  C.  20554. 


 This  matter  shall  be  treated  as  a  “permit-  but-  disclose”  proceeding  in  accordance  with  the  Commission’s  ex  parte  rules.  See  47  C.  F.  R.  §§  1.1200  and  1.1206.  Persons  making  oral  ex  parte  presentations  are 
 reminded  that  memoranda  summarizing  the  presentations  must  contain  summaries  or  the  substance  of  the  presentations  and  not  merely  a  listing  of  the  subjects  discussed.  More  than  a  one  or  two  sentence 
 description  of  the  views  and  arguments  presented  generally  is  required.  See  47  C.  F.  R.  §  1.1206(  b).  Other  rules  pertaining  to  oral  and  written  ex  parte  presentations  in  permit-  but-  disclose  proceedings  are  set  forth 
 in  47  C.  F.  R.  §  1.1206(  b). 
 For  further  information  concerning  this  proceeding,  please  contact  Gary  Thayer  at  (202)  418-  2290,  Office  of  Engineering  and  Technology,  Federal  Communications  Commission. 


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