[Federal Register Volume 73, Number 169 (Friday, August 29, 2008)]
[Notices]
[Pages 50972-50973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20010]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 08-1913; WT Docket No. 08-165]


Wireless Telecommunications Bureau Seeks Comment on Petition for 
Declaratory Ruling by CTIA--The Wireless Association To Clarify 
Provisions of Section 332(c)(7)(B) To Ensure Timely Siting Review and 
To Preempt Under Section 253 State and Local Ordinances That Classify 
All Wireless Siting Proposals as Requiring a Variance

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, comment is sought on a July 11, 2008 
petition for Declaratory Ruling (Petition) filed by CTIA--The Wireless 
Association (Petitioner). The Petitioner asks the Federal 
Communications Commission to clarify the provisions of section 
332(c)(7)(B)(v) of the Communications Act, as amended, that Petitioner 
contends are ambiguous and that have been unreasonably interpreted. 
Petitioner further requests that the Commission preempt local 
ordinances and state laws that Petitioner believes violate section 
253(a) of the Communications Act, as amended.

DATES: Interested parties may file comments on or before September 15, 
2008, and reply comments on or before September 30, 2008.

ADDRESSES: You may submit comments, identified by WT Docket No. 08-165, 
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: Michael Rowan, Spectrum and 
Competition Policy Division, Wireless Telecommunications Bureau at 
(202) 418-1883 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's public 
notice released on August 14, 2008. The full text of the public notice 
is available for public inspection and copying during business hours in 
the FCC Reference Information Center, Portals II, 445 12th Street, SW., 
Room CY-A257, Washington, DC 20554. It also may be purchased from the 
Commission's duplicating contractor at Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554; the contractor's Web site, 
http://www.bcpiweb.com; or by calling (800) 378-3160, facsimile (202) 
488-5563, or e-mail [email protected]. Copies of the public notice also 
may be obtained via the Commission's Electronic Comment Filing System 
(ECFS) by entering the docket number, WT Docket No. 08-165. 
Additionally, the complete item is available on the Federal 
Communications Commission's Web site at http://www.fcc.gov.
    On July 11, 2008, CTIA--The Wireless Association (CTIA) filed a 
petition requesting that the Federal Communications Commission 
(Commission) issue a Declaratory Ruling clarifying provisions of the 
Communications Act of 1934, as amended (Communications Act) regarding 
state and local review of wireless facility siting applications.\1\ 
CTIA seeks clarification of provisions in section 332(c)(7) of the 
Communications Act that it contends are ambiguous and that it claims 
have been interpreted in a manner that has allowed certain zoning 
authorities to impose unreasonable impediments to wireless facility 
siting and the provision of wireless services. CTIA also requests that 
the Commission preempt local ordinances and state laws that it states 
subject wireless facility siting applications to unique, burdensome 
requirements, in violation of section 253(a) of the Communications Act, 
which bars state and local laws that ``prohibit or have the effect of 
prohibiting the ability of any entity to provide any interstate or 
intrastate telecommunications service.'' \2\
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    \1\ In the Matter of Petition for Declaratory Ruling to Clarify 
Provisions of section 332(c)(7)(B) to Ensure Timely Siting Review 
and to Preempt under section 253 State and Local Ordinances that 
Classify All Wireless Siting Proposals as Requiring a Variance, 
Petition for Declaratory Ruling, WT Docket No. 08-165, filed July 
11, 2008 (Petition).
    \2\ 47 U.S.C. 253(a).
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    Specifically, in its petition, CTIA asks the Commission to take 
four actions relating to the time frames in which zoning authorities 
must act on siting requests, their power to restrict competitive entry 
by multiple providers in a given area, and their ability to impose 
certain procedural requirements on wireless service providers. First, 
to eliminate an ambiguity that CTIA contends currently exists in 
section 332(c)(7)(B)(v) of the Communications Act, CTIA asks the 
Commission to clarify the time period in which a state or local zoning 
authority will be deemed to have failed to act on a wireless facility 
siting application. CTIA states that ``the Commission should issue a 
declaratory ruling explaining that (1) a failure to act on a wireless 
facility siting application only involving collocation occurs if there 
is no final action within 45 days from submission of the request to the 
local zoning authority; and (2) a failure to act on any other wireless 
siting facility application occurs if there is no final action within 
75 days from submission of the request to the local zoning authority.'' 
\3\ Second, citing the requirement in section 332(c)(7)(B)(ii) of the 
Communications Act that state and local governments act on wireless 
facility siting applications within a reasonable time, CTIA asks the 
Commission to implement procedural steps whereby, if a zoning authority 
fails

[[Page 50973]]

to act within the above time frames, the application shall be ``deemed 
granted.'' Alternatively, CTIA asks the Commission to establish a 
presumption that entitles an applicant to a court-ordered injunction 
granting the application unless the zoning authority can justify the 
delay. Third, CTIA asks the Commission to clarify that section 
332(c)(7)(B)(i)(II), which forbids state and local decisions that 
``prohibit or have the effect of prohibiting the provision of personal 
wireless services,'' \4\ bars zoning decisions that have the effect of 
preventing a specific provider from providing service to a location on 
the basis of another provider's presence there. Finally, CTIA requests 
that the Commission preempt, under section 253 of the Communications 
Act, local ordinances and state laws that automatically require a 
wireless service provider to obtain a variance before siting 
facilities.
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    \3\ Petition at iii.
    \4\ 47 U.S.C. 332(c)(7)(B)(i)(II).
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Procedural Matters

    This proceeding has been designated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules.\5\ 
Parties making oral ex parte presentations in this proceeding are 
reminded that memoranda summarizing the presentation must contain the 
presentation's substance and not merely list the subjects discussed.\6\ 
More than a one- or two-sentence description of the views and arguments 
presented is generally required.\7\
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    \5\ See 47 CFR 1.1200(a), 1.1206.
    \6\ See Commission Emphasizes the Public's Responsibilities in 
Permit-But-Disclose Proceedings, Public Notice, 15 FCC Rcd 19945 
(2000).
    \7\ See 47 CFR 1.1206(b)(2). Other rules pertaining to oral and 
written presentations are also set forth in 1.1206(b). See 47 CFR 
1.1206(b).
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    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415 and 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 (May 1, 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.
     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).
    Parties shall send one copy of their comments and reply comments to 
Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room 
CY-B402, Washington, DC 20554, (800) 378-3160, e-mail [email protected]. 
Comments filed in response to this public notice will be available for 
public inspection and copying during business hours in the FCC 
Reference Information Center, Portals II, 445 12th Street, SW., Room 
CY-A257, Washington, DC 20554, and via the Commission's Electronic 
Comment Filing System (ECFS) by entering the docket number, WT Docket 
No. 08-165. The comments may also be purchased from Best Copy and 
Printing, Inc., telephone (800) 378-3160, facsimile (202) 488-5563, or 
e-mail [email protected].

Federal Communications Commission.
James D. Schlichting,
Acting Chief, Wireless Telecommunications Bureau.
[FR Doc. E8-20010 Filed 8-28-08; 8:45 am]
BILLING CODE 6712-01-P