[Federal Register Volume 73, Number 206 (Thursday, October 23, 2008)]
[Proposed Rules]
[Pages 63127-63128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25058]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[DA 08-2278; RM No. 11497]


Wireless Telecommunications Bureau Seeks Comment on Petition for 
Rulemaking Regarding Exclusivity Arrangements Between Commercial 
Wireless Carriers and Handset Manufacturers

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, comment is sought on a May 20, 2008 petition 
for rulemaking (Petition) filed by Rural Cellular Association (RCA) 
(Petitioner). The Petitioner asks the Federal Communications Commission 
to initiate a rulemaking to investigate the widespread use and 
anticompetitive effects of exclusivity arrangements between commercial 
wireless carriers and handset manufacturers, and, as necessary, adopt 
rules that prohibit such arrangements when contrary to the public 
interest.

DATES: Interested parties may file comments on or before December 2, 
2008, and reply comments on or before December 22, 2008.

ADDRESSES: You may submit comments, identified by RM No. 11497, 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: Monica DeLong, Wireless 
Telecommunications Bureau at (202) 418-1337 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's public 
notice released on October 10, 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, RM No. 11497. Additionally, the 
complete item is available on the Federal Communications Commission's 
Web site at http://www.fcc.gov.
    On May 20, 2008, RCA filed a petition for rulemaking.\1\ ``Pursuant 
to Sections 1, 4(i), 201(b), 202(a), 303(r), and 307(b) of the 
Communications Act, and Section 1.401 of the Commission's rules,'' \2\ 
the Petitioner asks the Commission to ``initiate a rulemaking to 
investigate the widespread use and anticompetitive effects of 
exclusivity arrangements between commercial wireless carriers and 
handset manufacturers, and, as necessary, adopt rules that prohibit 
such arrangements when contrary to the public interest.'' \3\ The 
Wireless Telecommunications Bureau seeks comment on the Petition.
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    \1\ In the Matter of Rural Cellular Association Petition for 
Rulemaking Regarding Exclusivity Arrangements Between Commercial 
Wireless Carriers and Handset Manufacturers, filed May, 20, 2008 
(Petition).
    \2\ Petition at 1, citing 47 U.S.C. 151, 154(i), 201(b), 202(a), 
303(r), and 307(b); 47 CFR 1.401.
    \3\ Id.
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Procedural Matters

    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.

[[Page 63128]]

     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 fcc504[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]. 
Parties should also send a copy of their filings to Monica DeLong, 
Wireless Telecommunications Bureau, Federal Communications Commission, 
Room 6530, 445 12th Street, SW., Washington, DC 20554, or by e-mail to 
[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, RM No. 11497. 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. E8-25058 Filed 10-22-08; 8:45 am]
BILLING CODE 6712-01-P