$//Amendment of Section 2.106 of the Commission's Rules to Allocate Spectrum at 2 GHz to
the Mobile-Satellite Service, F9539.wp5//$

$/2.106 Table of Frequency Allocations/$

For Record Only

                                Before the 
                     FEDERAL COMMUNICATIONS COMMISSION  DA 95-426
                          Washington, D.C. 20554


In the Matter of         )
        )
Amendment of Section 2.106 of the       )   ET Docket No. 95-18
Commission's Rules to Allocate            )   RM-7927
Spectrum at 2 GHz for Use      )
by the Mobile-Satellite Service           )



               ORDER GRANTING REQUEST TO DEFER COMMENT DATES

Adopted:  March 3, 1995;               Released:  March 6, 1995

By the Office of Engineering and Technology:

 1.  On February 22, 1995, the American Mobile Satellite Corporation (AMSC)
petitioned the Commission to extend the pleading cycle for comments to the Notice of
Proposed Rule Making in the above-captioned proceeding, ET Docket No. 95-18, FCC 95-39,
released January 31, 1995.  AMSC requests an extension for comments from March 9, 1995
to May 5, 1995; and for reply comments from March 27, 1995 to June 6, 1995.

 2.  AMSC, one of the original petitioners in this proceeding, observes that preparations
for the 1995 Worldwide Radiocommunications Conference (WRC-95) are well under way,
and that many of the entities likely to comment in this proceeding are part of the Industry
Advisory Committee to the WRC-95 Conference Preparation Meeting (CPM), to be held
March 22-April 5, 1995, in Geneva.  The CPM will consider, inter alia, technical studies
pertaining to sharing of the 2 GHz band between mobile-satellite and terrestrial users.  In
supporting comments, COMSAT Corporation (COMSAT) states that meetings are currently
ongoing between the mobile-satellite community and the broadcasting and microwave
communities to evaluate the possibility of satellite-terrestrial sharing in this band and to
consider issues relating to the possible relocation of current broadcast and microwave
licensees in the band.  COMSAT will use data developed in this process to conduct computer
simulations of potential mutual interference between Mobile-Satellite Service (MSS) and
terrestrial users.  AMSC and COMSAT also point out that the staffs of many entities likely
to comment in this proceeding are intensely preparing for WRC-95 and other international
meetings, including drafting reply comments to the Commission's Notice of Inquiry in
preparation for WRC-95, IC Docket No. 94-31, FCC 95-36, released January 31, 1995. 
AMSC argues that extending the comment and reply comment periods will allow commenters
to gather more information and take more time and care in preparing complete and precise
comments, which will provide us with more complete information upon which to base our
decisions in this proceeding.  In addition to COMSAT, TRW Inc. and Motorola Satellite
Communications, Inc. filed comments in support of AMSC's petition.  The National
Association of Broadcasters has stated that it has no objection to extending the comment
periods.

 3.  Celsat, Inc. (Celsat), another petitioner in this proceeding, opposes AMSC's
petition for extension of time.  Celsat argues that most of the frequencies at issue in this
proceeding were allocated for MSS use at the 1992 World Administrative Radio Conference,
and it is therefore unnecessary to wait for WRC-95 or its preparatory meetings to make this
allocation.  Further, adds Celsat, the WRC-95 CPM will primarily involve technical,
regulatory and procedural constraints associated with additional MSS allocations in the 1-3
GHz bands, and this allocation is not an issue at that meeting.  Celsat also contends that the
meetings between the MSS community and broadcasting and microwave licensees are
preliminary in nature, and provide no basis for delaying this proceeding.  Celsat argues that
we have recognized that it is in the public interest to expeditiously implement and license
MSS, and we should therefore not delay this proceeding.

 4.  Although the Commission does not routinely grant extensions of time, we agree
with AMSC and supporting commenters that the public interest would be better served if we
permit additional time for submitting comments in this proceeding.  Not only would an
extension provide additional time for gathering and evaluating data on MSS-terrestrial sharing
in the proposed allocation, but meetings between the MSS community and the incumbents of
the candidate band will be helpful in establishing a sharing and relocation regime acceptable
to all affected parties.  We find that comments informed by the results of WRC-95
preparations and industry consultation will allow the Commission to make better decisions
than would be possible without this information.  The two-month delay in this proceeding is
justified by the quantity and quality of information we will have as a result.  On balance, we
find that the public interest would best be served by granting the extension.  Accordingly, for
good cause shown, IT IS ORDERED that the date for filing comments in this matter is
extended to May 5, 1995, and the date for filing reply comments is extended to June 6, 1995.

 5. This action is taken pursuant to authority found in Sections 4 (i), 302 and 303 of
the Communications Act of 1934, as amended, 47 U.S.C.  154 (i), 302, 303; and pursuant
to Sections 0.31and 1.46 of the Commission's Rules, 47 C.F.R.  0.31, 1.46.  For further
information contact Sean White, Office of Engineering and Technology, (202) 776-1624.


      FEDERAL COMMUNICATIONS COMMISSION



      Richard M. Smith
      Chief,
      Office of Engineering and Technology