Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of:                          )
                                           )
Carriage of the Transmissions              )   CS Docket No. 98-120
of Digital Television Broadcast Stations   )
                                           )
         Amendments to Part 76             )
         of the Commission's Rules         )    


                             ORDER

     Adopted:  November 18, 1998    Released:  November 18, 1998   

By the Chief, Cable Services Bureau:

     1.   In this Order, we address a Motion for Extension of Time to
File Reply Comments filed on November 16, 1998, by the Office of
Communication, Inc. of the United Church of Christ, Media Access
Project, the Benton Foundation, the Center for Media Education, and
the Civil Rights Forum ("UCC").  UCC requests that the current
deadline for the filing of reply comments, November 24, 1998, be
extended 28 days until December 22, 1998.  We also have on file a
petition filed on October 27, 1998, by the Association for Maximum
Service Television, Inc. ("MSTV") requesting that the Commission
refrain from granting any extensions of time for reply comments.  As
explained herein, we grant UCC's motion.

     2.   UCC asserts that there is good cause for granting this
extension.  Without an extension, UCC will be unable to meet the
current deadline for reply comments.  UCC states that it was the only
party to file detailed opening comments in this proceeding on behalf
of members of the public.  Thus, UCC asserts that the various
industries will have an opportunity to file reply comments in this
proceeding, but that the Commission will not receive detailed reply
comments on behalf of the interests of citizens.  

     3.   In its request opposing an extension of the reply deadline,
MSTV states that the Commission must act quickly for a variety of
reasons.  First, the Commission must resolve digital compatibility
issues so that the next generation of digital devices will function
optimally.  Second, broadcasters and programmers may
question the ultimate success of DTV if the Commission shows no
sense of urgency in this proceeding.  Third, DTV will not reach a
signal penetration rate by the Congressional deadline of 2006 if
consumers do not have answers on must carry.  Fourth, cable
operators need a decision so that they can decide how to upgrade
their systems. 

     4.   In reply to MSTV, UCC states that the stations affected most
by a must carry rule will not be affected by a four-week delay.  UCC
argues that the broadcast stations most likely to require must carry
are the stations in the smaller markets who currently do not have the
resources for the transition to digital television and have until May 1,
2002 to construct their facilities.  In addition, UCC argues that the
technical problems of digital television are still uncertain and that
imposing must carry before those problems are solved may be
counterproductive.

     5.   We find that UCC has shown good cause for an extension. 
The benefit of obtaining reply comments filed on behalf of the public
justifies an extension.  We do not believe that a 28 day extension to
accommodate this benefit will cause the harm that MSTV suggests. 
Furthermore, an accurate and complete record can only lead to a
better-informed decision by the Commission in a matter that will
materially affect members of the public and the industry groups that
MSTV represents.  We therefore will extend the deadline
for the reply comments by 28 days and designate December 22, 1998
as the deadline for the reply comments in this proceeding.

     6.   Accordingly, IT IS ORDERED, pursuant to Section 1.46 of
the Commission's rules, 47 C.F.R. Section 1.46, that the Motion for
Extension of Time to File Reply Comments filed by the Office of
Communication, Inc., of the United Church of Christ, Media Access
Project, the Benton Foundation, the Center for Media Education, and
the Civil Rights Forum IS GRANTED.  

     7.   IT IS FURTHER ORDERED, pursuant to Section 1.46 of the
Commission's rules, 47 C.F.R. Section 1.46, that the Request for
FCC Enforcement of Existing Deadlines and Expedited Action filed
by the Association for Maximum Service Television, Inc. IS
DENIED. 

     8.   IT IS FURTHER ORDERED that the deadline for filing reply
comments IS EXTENDED until December 22, 1998.

     9.   This action is taken pursuant to the 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),
0.321, and 1.46 of the Commission's Rules, 47 C.F.R.  0.204(b),
0.321, and 1.46.

 

                     FEDERAL COMMUNICATIONS COMMISSION 



                              Deborah A. Lathen
                              
                              
                              Chief, Cable Services Bureau