******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) American Distance Education Consortium ) File No. SAT-PDR-19990803-00077 Request for an Expedited Declaratory Ruling ) and Informal Complaint ) ) ) ORDER Adopted: October 1, 1999 Released: October 4, 1999 By the Chief, Satellite and Radiocommunication Division: 1. By this Order, we grant EchoStar Satellite Corporation ("EchoStar") three additional days in which to submit information requested by the International Bureau in the above captioned proceeding. 2. On September 23, 1999, the Bureau sent a letter to EchoStar asking for additional information in order to resolve issues raised by the American Distance Education Consortium ("ADEC") in its Request for an Expedited Declaratory Ruling and Informal Complaint. In this letter, the Bureau requested, among other things, specific subscriber information and an itemized list detailing the specific costs and charges that are the basis of its proposed monthly access fee for public interest programmers. The letter provided EchoStar until October 4, 1999 to file the requested information. 3. On October 1, 1999, EchoStar filed a Motion for Extension of Time seeking an additional three days to submit the information. In support of its Motion, EchoStar explains that it does not have the requested subscriber information readily available, and will need additional time to generate the data from its subscriber database. Additional time will also enable EchoStar to compile and review information regarding its monthly access fee. 4. ADEC opposes this Motion. ADEC responds that time is of the essence, and that any extension will delay Commission action on its Request for Declaratory Ruling. In addition, ADEC claims that it has reason to believe that EchoStar will be requesting confidential status for certain records. Under such circumstances, ADEC asserts that it would request access to the information, resulting in further delays in this proceeding. Finally, ADEC states that because EchoStar has proposed a specific monthly access fee, the information supporting this figure should be readily available. 5. Although the Commission does not routinely grant extensions of time, we find that a brief extension in this instance is warranted in the interest of developing a complete record in this proceeding. 6. This action is taken pursuant to authority found in Section 4 (i) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), and Sections 0.51, 0.261, and 1.46 of the Commission's rules, 47 C.F.R.   0.51, 0.261 and 1.46. 7. Accordingly, EchoStar Satellite Corporation's Motion for Extension of Time filed October 1, 1999 IS GRANTED. EchoStar Satellite Corporation shall submit the information requested by the International Bureau in its September 23, 1999 letter on or before October 7, 1999. FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tycz Chief, Satellite and Radiocommunication Division