Federal Communications Commission Washington, D.C. 20554 April 6, 2010 DA 10-600 In Reply Refer To: 1800B3-KAD Released April 6, 2010 Mr. Alan W. Jurison 545 Grant Blvd. Syracuse, NY 13203 In re: Digital Audio Broadcasting Systems And Their Impact on the Terrestrial Radio Broadcast Service, MM Docket No. 99-325 Petition for Reconsideration Dear Mr. Jurison: We have before us a Petition for Reconsideration, filed by Alan W. Jurison on March 8, 2010 (the “Petition”). The Petition was filed in response to an Order (“Digital Audio Order”) adopted by the Media Bureau under delegated authority in the referenced proceeding.1 The Digital Audio Order was released by the Bureau on January 29, 2010, but has not yet been published in the Federal Register. Petitions for reconsideration of rulemaking actions are governed by Section 1.429(d) of the Commission’s Rules (“Rules”). Pursuant to this Rule, a petition for reconsideration must be filed within 30 days of public notice of a final action. Under Section 1.4(b)(1), “public notice” occurs on the date a rulemaking order is published in the Federal Register. Because the Digital Audio Order has not yet been published in the Federal Register, the pleading cycle for the reconsideration or review of the Digital Audio Order has not yet been established. The Petition was therefore prematurely filed and will be dismissed without prejudice. Dismissal will permit interested parties to respond to initial filings in an efficient and coordinated manner while eliminating unnecessary burdens that could arise from the seriatim and piecemeal consideration of issues raised in pleadings submitted in response to the release of the Digital Audio Order. In dismissing the Petition, however, we do not intend to prejudice Mr. Jurison’s right to re-file within 30 days of the publication of the Digital Audio Order in the Federal Register. 1 Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Radio Broadcast Service, Order, 25 FCC Rcd 1182 (2010). - 2 - Accordingly, the Petition for Reconsideration, filed by Alan W. Jurison on March 8, 2010, IS HEREBY DISMISSED WITHOUT PREJUDICE. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Steven Lerman, Esq., Lerman Senter, PLLC Gregory A. Lewis, National Public Radio, Inc. Albert Shuldiner, iBiquity Digital Corporation Robert A. Mazer, Esq. Vinson & Elkins, LLP Jane E. Mago, Esq., National Association of Broadcasters Angela Campbell, Esq., Georgetown University Law Center Marvin Ammori, Free Press Parul Desai, Esq., Media Access Project