UNITED STATES OF AMERICA
DEPARTMENT OF COMMERCE
NATIONAL TELECOMMUNICATIONS
AND INFORMATION ADMINISTRATION
Presidential )
Spectrum Policy ) Docket 040127027-4027-01
Initiative )
MOTION FOR EXTENSION OF TIME
BY THE AMHERST ALLIANCE, KZQX-LP, KPIB-LP,
WILW RADIO, TUNE TRACKER SYSTEMS, DIYMEDIA,
JAMRAG MAGAZINE, MICHIGAN MUSIC IS WORLD CLASS! CAMPAIGN, GREEN PARTY OF MICHIGAN, WSJL-AM,
PROVIDENCE COMMUNITY RADIO, CITIZENS MEDIA CORP, COMMONWEALTH BROADBAND COLLABORATIVE,
WILLIAM DOERNER, PAUL B. WALKER, JR., LEE McVEY, P.E. W6EM,
RICK CALLEBS, REVEREND ROBERT P. CHRYSAFIS KC8GPD,
WILLIAM TINSLEY III, TRACEY DEVLIN KC2DNI AND JEFFREY GILL
In his Written Comments of February 5, 2004, Nickolaus E. Leggett N3NL of Reston, Virginia requested an extension of the Written Comments deadline in this Docket by 2 months: that is, from March 18, 2004 to May 17, 2004.
The 21 undersigned parties -- led by THE AMHERST ALLIANCE, a national citizens’ advocacy group for media reform -- second Mr. Leggett’s request. We now place the same request before the NATIONAL TELECOMMUNICATIONS AND
INFORMATION ADMINISTRATION (NTIA) as a Motion For Extension Of Time.
This Docket attempts to implement the Presidential Spectrum Policy Initiative (PSPI) that arose from a Presidential Memorandum. In turn, the Memorandum, as released on June 5, 2003, raises profound new issues for commenting parties to consider.
21 Parties Led By THE AMHERST ALLIANCE
February 16, 2004
Page 2
Among other contemplated changes of a qualitatively new nature, the Presidential Memorandum appears to direct NTIA, and other Executive Branch decision-making bodies, to consider:
1. Shifting some, most or all of the responsibility for radio regulation
from the Federal Communications Commission, an independent
agency managed by representatives of both major political parties,
to Executive Branch agencies that are controlled directly by the
single political party which occupies the White House
And
2. The establishment of new “spectrum user fees” which would apply
to non-commercial users of the airwaves
Also, the Presidential Memorandum envisions policies which are quantitatively new, in the sense that they would expand recent policy trends to an entirely new scale:
3. Additional, and presumably more systematic, displacements of radio
uses of the spectrum by wireless uses of the spectrum
And
4. Additional, and presumably more systematic, displacements of
non-commercial uses of the spectrum by commercial uses of the
spectrum
21 Parties Led By THE AMHERST ALLIANCE
February 16, 2004
Page 3
We recognize that the June 5, 2003 Presidential Memorandum -- which NTIA is attempting to implement through a Notice Of Inquiry in this Docket, as issued on January 29, 2004 -- directs Executive Branch agencies to submit their PSPI recommendations to the White House on or before June 1, 2004.
Nevertheless, not even a Presidential Memorandum can override statutory and Constitutional requirements for “due process of law” in regulatory decision-making.
In this case, the contemplated policy changes are so new -- and so radical -- that it
is plainly unreasonable to expect commenting parties to address them effectively within
a time frame of only 6 weeks. To meet the minimum requirements for “due process”
in regulatory decision-making, as set forth in both the Administrative Procedure Act and
the United States Constitution, NTIA is obligated to provide a lengthier comment period.
Therefore, the undersigned parties urge NTIA to grant this Motion to extend the
comments deadline from March 18, 2004 to May 17, 2004.
Respectfully submitted,
Melissa Lear
Special Assistant to the President
For THE AMHERST ALLIANCE
9 Nolan Road
South Glens Falls, New York 12803
URL: www.amherstalliance.org
21 Parties Led By THE AMHERST ALLIANCE
February 16, 2004
Page 4
Chuck Conrad KD5T2T
General Manager
For KZQX-LP
P.O. Box 1008
Kilgore, Texas 75663
URL: www.kzqx.com
Nancy Doerner
General Manager
KPIB-LP
3803 Walden Road
Corpus Christi, Texas 78418
William C. Walker
General Manager
For WILW RADIO
702 Warren Avenue
WaKeeney, Kansas 67672
URL: www.wilw.com
Dane Scott Udenberg
President
For TUNE TRACKER SYSTEMS
Oconto, Wisconsin 54153
URL: www.tunetrackersystems.com
21 Parties Led By THE AMHERST ALLIANCE
February 16, 2004
Page 5
John Anderson
Editor & Publisher
For DIYMEDIA
2434 Sommers Avenue
#4
Madison, Wisconsin 53704
URL: www.diymedia.net
Susan Ness
Publisher
For JAMRAG MAGAZINE
P.O. Box 7006
Ferndale, Michigan 48220
URL: www.jamrag.com
Tom Ness
President
MICHIGAN MUSIC IS WORLD CLASS! CAMPAIGN
P.O. Box 7006
Ferndale, Michigan 48220
Marc Reichardt
Party Chair
For GREEN PARTY OF MICHIGAN
548 South Main Street
Ann Arbor, Michigan 48104
URL: www.migreens.org
21 Parties Led By THE AMHERST ALLIANCE
February 16, 2004
Page 6
Bill Blew
General Manager
For WSJL-AM
132 Woodland Avenue
Villas, New Jersey 08251
URL: www.wsjl.com
Wesle AnneMarie Dymoke
Chairperson, Board of Directors
For PROVIDENCE COMMUNITY RADIO
P.O. Box 2346
East Side Post Office
Providence, Rhode Island 02906
Steven Provizer
Executive Director, CITIZENS MEDIA CORP
and Representative, COMMONWEALTH BROADBAND COLLABORATIVE
For CITIZENS MEDIA CORP and COMMONWEALTH BROADBAND
COLLABORATIVE
23 Winslow Road
Brookline, Massachusetts 02446
URL: www.cbcmedia.net
William Doerner
3803 Waldron Road
Corpus Christi, Texas 78418
361/939-9792
21 Parties Led By THE AMHERST ALLIANCE
February 16, 2004
Page 7
Paul B. Walker, Jr.
1820 West Marks Road
Marks, Mississippi 38646
Lee McVey, P.E. W6EM
1301 86th Court N.W.
Bradenton, Florida 34209-9309
Rick Callebs
P.O. Box 110
Wellston, Ohio 45692
William W. Tinsley III
1356 Sunset Ridge
Watertown, New York 13601
Tracey Devlin KC2DNI
352 West 12th Street
Apartment 5C
New York, New York 10014-1714
Reverend Robert P. Chrysafis KC8GPD
P.O. Box 628
Glen Gardner, New Jersey 08826
908/537-2094
21 Parties Led By THE AMHERST ALLIANCE
February 16, 2004
Page 8
Jeffrey Gill
154 Great Road
#C
Shirley, Massachusetts 01464-2812
Dated: ________________
February 16, 2004