[Federal Register Volume 67, Number 46 (Friday, March 8, 2002)]
[Notices]
[Pages 10727-10728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5257]


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FEDERAL COMMUNICATIONS COMMISSION

[IB Docket 95-59; DA 02-248]


The Preemption of Local Zoning Regulation of Satellite Earth 
Stations

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document , the International Bureau (``Bureau'') 
announces the list of the petitioners that did not respond to the 
October 2001 public notice, as set forth in the attached Appendix A. 
These parties may file a supplemental notice of their intent to pursue 
their respective petitions for reconsideration within 30 days after 
publication of this Public Notice in the Federal Register. The 
Commission intends to dismiss those petitions for reconsideration from 
parties that do not indicate intent to pursue their respective 
petitions for reconsideration. To ensure that each party who filed a 
petition for reconsideration to the 1996 Antenna Order has actual 
notice and an opportunity to respond.

[[Page 10728]]


DATES: Comments are due on or before April 8, 2002; Reply Comments are 
due on or before April 17, 2002.

ADDRESSES: Electronic comments may be filed using the Commission's 
Electronic Comment Filing System (ECFS). Comments filed though 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 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, DA 02-248 (released February 1, 2002). 
In October 2001, the Bureau released a notice public \1\ asking parties 
to refresh the record regarding petitions for reconsideration of the 
1996 Antenna Order (11 FCC Rcd 5809).\2\ The Bureau noted that, since 
the release of the 1996 Antenna Order, many of the issues raised in the 
petitions for reconsideration may have become moot or irrelevant in 
light of intervening events, including Commission amendment of 
1.4000,\3\ that applies to antennas used to transmit as well as receive 
both video and nonvideo services.\4\
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    \1\ See Parties Asked to Refresh Record Regarding 
Reconsideration of Rules Adopted in Preemption of Local Zoning 
Regulation of Satellite Earth Stations, Public Notice, IB Docket No. 
95-59, DA 01-2323, 66 FR 53417 (October 22, 2001) (rel. October 5, 
2001) (``Preemption Public Notice'')
    \2\ See In the Matter of Local Zoning Regulation of Satellite 
Earth Stations, Report and Order and Further Notice of Proposed 
Rulemaking, IB Docket No. 95-59, 61 FR 10710 (March 15, 1996) 11 FCC 
Rcd 5809, (1996) (``1996 Antenna Order''), consolidated in part with 
Preemption of Local Zoning Regulation of Satellite Earth Stations 
and Implementation of Section 207 of the Telecommunication Act of 
1996, Restrictions on Over the Air Reception Devices, Report and 
Order, Memorandum Opinion and Order and Further Notice of Proposed 
Rulemaking, IB Docket 95-59 and CS Docket No. 96-83, 11 FCC Rcd 
19276 (1996).
    \3\ 47 CFR 1.4000.
    \4\ Promotion of Competitive Networks in Local 
Telecommunications Markets, Report and Order, 15 FCC Rcd 22983 
(2000).
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    For these reasons, the Bureau requested that parties that had 
petitions for reconsideration for the 1996 Antenna Order file a 
supplemental notice indicating the issues in such petitions, if any, 
they still wished to have reconsidered. The Bureau stated that, to the 
extent that parties did not indicate an intent to pursue their 
respective petitions for reconsideration, the Commission would deem 
such petitions withdrawn and would dismiss such petitions.\5\ The 
public notice was published in the Federal Register, 66 FR 53417, 
October 22, 2001. No party filed in response to this public notice.
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    \5\ See Preemption Public Notice at 2.
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    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 Commissions, limited to the issues addressed in this 
Public Notice, no later than April 8, 2002. Supplemental Reply Comments 
must be filled no later than April 17, 2002. In view of the tendency of 
this proceeding, we except to adhere to the schedule set forth in this 
Public Notice and do not contemplate granting extension of time. 
Comments should reference IB Docket No. 95-59 and should include the 
FCC number shown on this Public Notice. Comments may be field using the 
Commission's Electronic Comment Filing System (ECFS), 63 FR 24121 (May 
1, 1998). 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 the proceeding, commenters must submit two additional 
copies for each additional docket or rulemaking number. All filing must 
be sent to the Commission's Acting Secretary, William Caton. 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, Qualex International, 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. 
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., Room CY-A257, Washington, DC 20554.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Appendix A

Petitions for Reconsideration of the 1996 Anntenna Order

AlphaStar Television Network, Inc.
County of Boulder, State of Colorado
DIRECTV, Inc.
Florida League of Cities
Hughes Network Systems, Inc.
Local Communities (the ``Cities of Dallas'') \6\
Local Communities (``National League of Cities'') \7\
Satellite Broadcasting And Communications Association of America 
(``SBCA'')
United States Satellite Broadcasting Company, Inc. (``USSB'')

    \6\ The Local Communities is composed of local governments 
nationally and local governments in Cities of Dallas, Texas; 
Arlington, Texas; Austin, Texas; Fort Worth Texas; Knoxville, 
Tennessee; the National Association of Counties and the United 
States Conference of Mayors (hereinafter ``The City of Dallas'').
    \7\ The National League of Cities is composed of the following: 
the National Association of Telecommunications Officers and 
Advisors; the National Trust for Historic Preservation; League of 
Arizona Cities and Towns; League of California Cities; Colorado 
Municipal League; Connecticut Conference of Municipalities; Delaware 
League of Local Governments; Florida League of Cities; Georgia 
Municipal Association; Association of Idaho Cities; Illinois 
Municipal League; Indiana Association of Cities and Towns; Iowa 
League of Cities; League of Kansas Municipalities; Kentucky League 
of Cities; Maine Municipal Association; Michigan Municipal 
Association; Michigan Municipal League; League of Minnesota Cities; 
Mississippi Municipal Association; League of Nebraska 
Municipalities; New Hampshire Municipal Association; New Jersey 
State League of Municipalities; New Mexico Municipal League; New 
York State Conference of Mayors and Municipal Officials; North 
Carolina League of Municipalities; North Dakota League of Cities; 
Ohio Municipal League; Oklahoma Municipal League; League of Oregon 
Cities; Pennsylvania League of Cities and Municipalities; Municipal 
Association of South Carolina; Texas Municipal League; Vermont 
League of Cities and Towns; Virginia Municipal; League; Association 
of Washington Cities; and Wyoming Association of Municipalities 
(hereinafter the ``National League of Cities'').
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[FR Doc. 02-5257 Filed 3-7-02; 8:45 am]
BILLING CODE 6712-01-P