[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Notices]
[Pages 10775-10776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3595]



[[Page 10775]]

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FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 08-7; DA 08-282]


Extension of Time To File Comments on Petition for Declaratory 
Ruling That Text Messages and Short Codes are Title II Services or Are 
Title I Services Subject to Section 202 Non-Discrimination Rules

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document extends the time period for filing comments on a 
petition for declaratory ruling (Petition) filed by Public Knowledge, 
Free Press, Consumer Federation of America, Consumers Union, EDUCAUSE, 
Media Access Project, New America Foundation, and U.S. PIRG 
(Petitioners). The Petitioners ask the Federal Communications 
Commission (Commission) to clarify the regulatory status of text 
messaging services, including short-code based services sent from and 
received by mobile phones, and declare that these services are governed 
by the anti-discrimination provisions of Title II of the Communications 
Act.

DATES: Interested parties may file comments on or before March 14, 
2008, and reply comments on or before April 14, 2008.

ADDRESSES: You may submit comments, identified by WT Docket No. 08-7, 
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.
     Mail: Filings can be sent by hand or messenger delivery, 
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). All filings must be addressed to 
the Commission's Secretary, Office of the Secretary, Federal 
Communications Commission.
     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: Jennifer Salhus, Spectrum and 
Competition Policy Division, Wireless Telecommunications Bureau, 202-
418-1310.

SUPPLEMENTARY INFORMATION: This is a summary of an Order released on 
February 1, 2008. The full text of the Order is available for public 
inspection and copying during normal business hours in the FCC 
Reference Center, Room CY-A257, 445 12th St., SW., Washington, DC 
20554. The complete text may also be purchased from the Commission's 
duplicating contractor, Qualex International, Portals II, 445 12th St., 
SW., Room CY-B402, Washington, DC, telephone (202) 863-2893, facsimile 
(202) 863-2898, or via e-mail [email protected]. Additionally, the 
complete item is available on the Federal Communications Commission's 
Web site at http://www.fcc.gov.
    On December 11, 2007, Petitioners filed a joint petition for 
declaratory ruling, asking the Commission to clarify the regulatory 
status of text messaging services, including short-code-based services 
sent from and received by mobile phones, and declare that these 
services are governed by the anti-discrimination provisions of Title II 
of the Communications Act. On January 14, 2008, the Commission 
established a pleading cycle for the Petition, with comments due on 
February 13, 2008 and replies due on March 14, 2008, 73 FR 4866.
    On January 25, 2008, CTIA-The Wireless Association (CTIA) filed a 
motion for an extension of time to file comments and replies. CTIA 
requested a 30-day extension of the deadline for filing comments and a 
corresponding 30-day extension of the deadline to file reply comments. 
CTIA stated that ``additional time is necessary for parties to consider 
the important issues raised by the Petition and to fully prepare 
submissions enabling the Commission to make an informed decision based 
on a fully developed record.''
    On February 1, 2008, the Wireless Bureau issued an Order granting 
CTIA's motion for an extension of time to file comments and replies 
based on its finding that additional time would be beneficial to the 
development of a complete record on the issues. As a result of the 
Order, comments on the petition are due by March 14, 2008, and reply 
comments are due by April 14, 2008.
    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using: (1) The Commission's Electronic 
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking 
Portal, or (3) by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ 
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers 
should follow the instructions provided on the Web site for submitting 
comments.
     For ECFS filers, if multiple docket or rulemaking numbers 
appear in the caption of this proceeding, filers must transmit one 
electronic copy of the comments for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, filers 
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, 
filers should send an e-mail to [email protected], and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, 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). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings 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 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.

[[Page 10776]]

     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street, SW., Washington, DC 20554.
    People with Disabilities: 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), 202-
418-0432 (tty).

Federal Communications Commission.
Fred B. Campbell, Jr.,
Chief, Wireless Telecommunications Bureau.
[FR Doc. E8-3595 Filed 2-27-08; 8:45 am]
BILLING CODE 6712-01-P