[Federal Register Volume 66, Number 204 (Monday, October 22, 2001)]
[Notices]
[Pages 53417-53418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26512]


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FEDERAL COMMUNICATIONS COMMISSION

[IB Docket 95-59; DA 01-2323]


Preemption of Local Zoning Regulations of Satellite Earth 
Stations

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Federal Communications Commission invites interested 
parties to update the record pertaining to petitions for 
reconsideration filed with respect to the rules adopted by the 
Commission in the Report and Order in IB Docket No.

[[Page 53418]]

95-59. This Public Notice seeks comment on this additional issue.

DATES: Comments may be filed on or before November 21, 2001; reply 
comments may be filed on or before December 3, 2001.

ADDRESSES: Electronic comments may be filed using the Commission's 
Electronic Comment Filing System (ECFS). Comments filed through the 
ECFS can be sent as an electronic file via Internet to http://www.fcc.gov/e-file/ecfs.html. All other filings must be sent to Office 
of the Secretary, Federal Communications Commission, 445 12th St., SW., 
Rm. TW-A325, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Selina Khan of the International 
Bureau at 202-418-7282.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice in IB Docket No. 95-59, DA0 01-2322 (released October 5, 2001).
    In March of 1996, the Commission released the Report and Order and 
Further Notice of Proposed Rulemaking, Preemption of Local Zoning 
Regulation of Satellite Earth Stations. IB Docket No. 95-59, 61 FR 
10896 (March 18, 1996) (1996 Antenna Order). In this Report and Order, 
the Commission, among other things, amended, 25.104, 47 CFR 25.104 by 
creating a rebuttable presumption that local regulations that impose 
restrictions affecting the installation, use and maintenance of 
satellite earth station antennas one meter or less in any area or two 
meters or less in commercial or industrial areas were unreasonable and 
would be preempted. Sec. 25.104 was subsequently further amended by the 
Report and Older, Preemption of local Zoning Regulation of Satellite 
Earth Stations, IB Docket No. 95-59, and Implementation of Section 207 
of the Telecommunications Act of 1996. Restrictions on Over-the-Air 
Reception Devices: Television Broadcast Service and Multichannel 
Multipoint Distribution Service, CS Docket No. 96-83, 61 FR 46557 
(September 4, 1996) (OTARD Order) to eliminate provisions regarding 
satellite antennas that are one meter or smaller and used to receive 
video programming. Such antennas are covered by 47 CFR 1.4000 (OTARD 
Rule).
    Nine petitions for reconsideration of the 1996 Antenna Order were 
filed requesting that the Commission revise certain aspects of 
Sec. 25.104, 47 CFR 25.104. Because many of these petitions were filed 
some time ago, the passage of time and intervening developments may 
have rendered the records developed for those petitions stale. 
Moreover, some issues raised in petitions for reconsideration may have 
become moot or irrelevant in light of intervening events, including 
Commission amendment of Sec. 1.4000, 47 CFR 1.4000, to apply to 
antennas used to transmit as well as receive both video and non-video 
services.\1\
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    \1\ Promotion of Competitive Networks in Local 
Telecommunications Markets, Report and Order, 15 FCC Rcd 22983 
(2000).
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    For these reasons, the International Bureau requests that parties 
that filed petitions for reconsideration concerning Sec. 25.104 
following the release of the 1996 Antenna Order identify issues from 
that order that remain unresolved now and supplement those petitions, 
in writing, to indicate which findings and rules they still wish to be 
reconsidered. To the extent that intervening events have materially 
altered the circumstances surrounding filed petitions or the relief 
sought by filing parties, those entities may refresh the record with 
new information or arguments related to their original filings that 
they believe to be relevant to the issues. The previously filed 
petitions will be deemed withdrawn and will be dismissed if parties do 
not indicate in writing an intent to pursue their respective petitions 
for reconsideration. The refreshed record in the Sec. 25.104 proceeding 
will enable the Commission to undertake appropriate and expedited 
reconsideration of its rules. The OTARD Order and the OTARD Rule are 
not the subject of this Public Notice inviting petitions for 
reconsideration.

Procedural Matters

    Pursuant to Secs. 1.415 and 1.419 of the Commission's rules, 47 CFR 
1.415, and 1.419, interested parties may file Supplemental Comments, 
limited to the issues addressed in this Public Notice, no later than 
November 21, 2001. Supplemental Reply Comments must be filed no later 
than December 3, 2001. In view of the tendency of this proceeding, we 
expect to adhere to the schedule set forth in this Public Notice and do 
not contemplate granting extensions of time. Comments should reference 
IB Docket No. 95-59 and should include the FCC number shown on this 
Public Notice. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS).\2\ Comments filed through the ECFS can be 
sent as an electronic file via Internet to http://www.fcc.gov/e-file/ecfs.html. In completing the transmittal screen, parties responding 
should include their full name, mailing address, and the applicable 
docket number, IB Docket 95-59. Parties who choose to file by paper 
must file an original and four copies of each filing. If more than one 
docket or rulemaking appear in the caption of this proceeding, 
commenters must submit two additional copies for each additional docket 
or rulemaking number. All filings must be sent to the Commission's 
Secretary, Magalie Roman Salas. Office of the Secretary, Federal 
Communications Commission, 445 12th St., SW., Rm. TW-A325, Washington, 
DC 20554. One copy of all comments should also be sent to the 
Commission's copy contractor. Copies of all filings are available for 
public inspection and copying during regular business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street, SW., 
Washington, DC 20554, telephone 202-857-3800, facsimile 202-857-3805.
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    \2\ See Electronic Filing of Documents in Rulemaking Proceeding, 
63 FR 24121 (May 1, 1998).
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    In the Part 100 Notice, the Commission presented an Initial 
Regulatory Flexibility Analysis,\3\ as required by the Regulatory 
Flexibility Act (RFA).\4\ If commenters believe that the proposals 
discussed in this Public Notice require additional RFA analysis, they 
should include a discussion of these issues in their Supplemental 
Comments.
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    \3\ Part 100 Notice, 13 FCC Rcd at 6907.
    \4\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has 
been amended by the Contract With America Advancement Act of 1996, 
Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the 
CWAAA is the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA).
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    For ex parte purposes, this proceeding continues to be a ``permit-
but-disclose'' proceeding, in accordance with Sec. 1.1200(a) of the 
Commission's rules, 47 CFR 1.1200(a) and is subject to the requirements 
set forth in Sec. 1.1206(b) of the Commission's rules, 47 CFR 
1.1206(b).

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-26512 Filed 10-19-01; 8:45 am]
BILLING CODE 6712-01-P