Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Fees for Ancillary or Supplementary ) MM Docket No. 97-247 Use of Digital Television Spectrum ) Pursuant to Section 336(e)(1) ) of the Telecommunications Act of 1996 ) ORDER GRANTING EXTENSION OF TIME FOR FILING COMMENTS Adopted: February 23, 1998 Released: February 23, 1998 By the Chief, Mass Media Bureau: 1. On December 18, 1997, the Commission adopted a Notice of Proposed Rule Making in this proceeding (FCC 97-414) ("NPRM")regarding the assessment of fees for the use of digital television bitstream for the provision of ancillary or supplementary services. Comments in this proceeding are presently due March 3, 1998, and reply comments are due April 2, 1998. 2. On February 19, 1998, the National Association of Broadcasters ("Petitioner") submitted a Motion for Extension of Time to file comments in response to the NPRM. Petitioner contends that additional time is necessary for the preparation of research studies in response to the NPRM which have been commissioned by petitioner in conjunction with broadcast television networks. It requests that the Commission extend the comment deadline to May 4, 1998, and the reply comment deadline to June 2, 1998. 3. As set forth in Section 1.46 of the Commission's Rules, 47 C.F.R.  1.46, it is our policy that extensions of time for filing comments in rulemaking proceedings shall not be routinely granted. However, because of the complexity of the instant proceeding, and the potential benefits of the petitioner's studies, we believe an extension of the comment deadline for the NPRM is warranted. In the NPRM, at  27, the Commission "encouraged[d] commenters to make specific recommendations as to the level of the fee and type of fee assessment program to which the fee is to be tied and to provide evidence to build a record supporting those recommendations." To facilitate such efforts, we will grant petitioner additional time to complete its research studies which can provide the Commission a more complete record in this proceeding. 4. Accordingly, IT IS ORDERED that the Motion for Extension of Time filed in MM Docket No. 97-247 by the National Association of Broadcasters IS GRANTED. The time for filing comments in the above-captioned proceeding IS EXTENDED to May 4, 1998. 5. IT IS FURTHER ORDERED that the time for filing reply comments in the above- captioned proceeding IS EXTENDED to June 2, 1998. 6. This action is taken pursuant to 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), 0.283, and 1.45 of the Commission's Rules, 47 C.F.R.  0.204(b), 0.283, and 1.45. FEDERAL COMMUNICATIONS COMMISSION ________________________________ Roy J. Stewart Chief, Mass Media Bureau