[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Notices]
[Pages 38926-38928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13273]


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FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 05-193; DA 05-1390]


Petition for Declaratory Ruling Filed by SunCom Wireless 
Operating Company, L.L.C. and Opposition and Cross-Petition for 
Declaratory Ruling Filed by Debra Edwards

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document seeks comment on two petitions. The first is a 
petition for declaratory ruling by SunCom Wireless Operating Company, 
L.L.C., f/k/a Triton PCS Operating Company, L.L.C., that requests that 
the Federal Communications Commission declare that early termination 
fees charged to commercial mobile radio service (CMRS) customers are 
``rates charged'' under the Communications Act. The second is an 
opposition to petition for declaratory ruling and cross-petition for 
declaratory rulings filed by Debra Edwards that opposes the SunCom 
Petition and requests a declaratory ruling that the state-law claims 
concerning contractual early termination fees do not amount to 
regulation of cellular telephone service rates proscribed by the 
Communications Act.

DATES: Comments are due August 5, 2005, and Reply comments are due 
August 25, 2005.

ADDRESSES: You may submit comments, identified by WT Docket No. 05-193, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Christina Clearwater, Spectrum & 
Competition Policy Division, Wireless Telecommunications Bureau, 
Federal Communications Commission, 202-418-1893.

[[Page 38927]]


SUPPLEMENTARY INFORMATION: On May 18, 2005 the Wireless 
Telecommunications Bureau released a public notice establishing the 
comment and reply comment dates associated with a petition for 
declaratory ruling filed by SunCom Wireless Operating Company, L.L.C. 
and an opposition and cross-petition for declaratory ruling filed by 
Debra Edwards, seeking determination of whether state law claims 
regarding early termination fees are subject to preemption under 
section 332(c)(3)(A) of the Communications Act.

Background

    On February 22, 2005, SunCom Wireless Operating Company, L.L.C., f/
k/a Triton PCS Operating Company, L.L.C. (SunCom) filed a petition for 
a declaratory ruling (SunCom Petition). See Petition for Declaratory 
Ruling filed by SunCom Operating Company L.L.C., WT Docket No. 05-193, 
on February 22, 2005. In its petition, SunCom requests that the Federal 
Communications Commission (Commission) declare that early termination 
fees charged to commercial mobile radio service (CMRS) customers are 
``rates charged'' under section 332(c)(3)(A) of the Communications Act. 
This petition is filed pursuant to a court order in Edwards v. SunCom, 
a class action lawsuit brought in South Carolina state court that 
asserts certain state law claims regarding contractual early 
termination fees charged by SunCom. SunCom filed the petition at the 
direction of the court, which has stayed the litigation pending final 
resolution of the petition by the Commission. See Supplemental Order 
Requiring Defendant to File Petition for Declaratory Ruling at the 
Federal Communications Commission and Staying Case until Such Ruling is 
Issued dated January 18, 2005 (court order), Edwards v. SunCom, State 
of South Carolina, County of Horry, No. 02-CP-26-3359 (Ct. of Com. 
Pleas. May 25, 2004) (Edwards v. SunCom).
    On March 4, 2005, Debra Edwards (Edwards), plaintiff in Edwards v. 
SunCom, filed an Opposition to Petition for Declaratory Ruling and 
Cross-Petition for Declaratory Rulings (Edwards Petition). See 
Opposition to Petition for Declaratory Ruling and Cross-Petition for 
Declaratory Rulings filed by Debra Edwards, WT Docket No. 05-193, on 
March 4, 2005. In the Edwards Petition, Edwards opposes the SunCom 
Petition and requests a declaratory ruling that the state-law claims 
concerning contractual early termination fees asserted in Edwards v. 
SunCom do not amount to regulation of cellular telephone service rates 
proscribed by section 332(c)(3)(A) of the Communications Act. The 
SunCom and Edwards Petitions raise important issues, and in the Public 
Notice, the Wireless Telecommunications Bureau seeks comment on these 
petitions. The Wireless Telecommunications Bureau notes that it is 
contemporaneously releasing a separate public notice seeking comment on 
another petition for declaratory ruling that raises preemption-related 
issues regarding early termination fees. See Wireless 
Telecommunications Bureau Seeks Comment on Petition for Declaratory 
Ruling Filed by CTIA Regarding Whether Early Termination Fees Are 
``Rates'' Within 47 U.S.C. 332(c)(3)(A), Public Notice, WT Docket No. 
05-194, DA 05-1389 (rel. May 18, 2005).

Electronic Access and Filing

    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments in this 
proceeding on or before August 5, 2005, and reply comments may be filed 
on or before August 25, 2005. When filing comments, please reference WT 
Docket No. 05-193. Comments may be filed using the Commission's 
Electronic Comment Filing System (ECFS) or by filing paper copies. See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 
(May 1, 1998). Comments filed through the ECFS can be sent as an 
electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html. Generally, only one copy of an electronic submission must be 
filed. In completing the transmittal screen, commenters should include 
their full name, U.S. Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by Internet e-mail. To get filing instructions for 
e-mail comments, commenters should send e-mail to [email protected], and 
should include the following words in the body of the message, ``get 
form .'' A sample form and directions will be sent 
in reply.
    Parties who choose to file by paper must send an original and four 
(4) copies of each filing. All filings must be addressed to the 
Commission's Secretary, Marlene H. Dortch, Office of the Secretary, 
Federal Communications Commission, 445 12th Street, SW., Room TW-B204, 
Washington, DC 20554.
    Filings can be sent by hand or messenger delivery, by electronic 
media, by commercial overnight courier, or by first-class or overnight 
U.S. Postal Service mail (although we continue to experience delays in 
receiving U.S. Postal Service mail). The Commission's contractor, 
Natek, Inc., will receive hand-delivered or messenger-delivered paper 
filings or electronic media for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building. Commercial and electronic 
media sent by overnight mail (other than U.S. Postal Service Express 
Mail and Priority Mail) must be sent to 9300 East Hampton Drive, 
Capitol Heights, MD 20743. U.S. Postal Service first-class mail, 
Express Mail, and Priority Mail should be addressed to 445 12th Street, 
SW., Washington, DC 20554.
    This proceeding shall be treated as a ``permit but disclose'' 
proceeding in accordance with the Commission's ex parte rules, 47 CFR 
1.1200. Persons making oral ex parte presentations are reminded that 
memoranda summarizing the presentations must contain summaries of the 
substance of the presentations and not merely a listing of the subjects 
discussed. More than a one or two sentence description of the views and 
arguments presented is generally required. See 47 CFR 1.1206(b). Other 
rules pertaining to oral and written ex parte presentations in permit-
but-disclose proceedings are set forth in Sec.  1.1206(b) of the 
Commission's rules, 47 CFR 1.1206(b).
    The full text of the petitions and copies of any subsequently filed 
documents in this matter will be 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, (202) 418-0270. This document may be purchased from the 
Commission's duplicating contractor, Best Copy and Printing, Inc., 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. 
Customers may contact BCPI, Inc. at their Web site: http://www.bcpiweb.com or by calling 1-800-378-3160.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format) 
send an e-mail to [email protected] or call the Consumer & Governmental 
Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY).


[[Page 38928]]


Federal Communications Commission.
Catherine Seidel,
Acting Chief, Wireless Telecommunications Bureau.
[FR Doc. 05-13273 Filed 7-5-05; 8:45 am]
BILLING CODE 6712-01-P