[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Proposed Rules]
[Pages 75629-75630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29533]



47 CFR Chapter 1

[DA 08-2576; RM No. 11497]

Petition for Rulemaking Regarding Exclusivity Arrangements 
Between Commercial Wireless Carriers and Handset Manufacturers

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; extension of comment period.


SUMMARY: In this document, the Commission extends the deadlines for 
filing comments and reply comments concerning the Rural Cellular 
Association's (RCA's) petition for rulemaking on the effects of 
exclusive arrangements between commercial wireless carriers and handset 

DATES: Comments must be filed on or before February 2, 2009, and reply 
comments must be filed on or before February 20, 2009.

ADDRESSES: You may submit comments, identified in DA 08-2576, 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: Monica DeLong at 202-418-1337.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
DA 08-2576, which was adopted and released on November 26, 2008. The 
complete text of this document is available for inspection and copying 
during normal business hours in the FCC Reference Information Center, 
Portals II (Room CY-A257), 445 12th Street, SW., Washington, DC 20554. 
The complete text of the Order and related Commission documents may be 
purchased from the Commission's copy contractor, Best Copy and 
Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 
20554, or you may contact BCPI at its Web site http://www.BCPIWEB.com, 
or by calling (800) 378-3160, facsimiles (202) 488-5563. When ordering 
documents from BCPI please provide the appropriate FCC document number, 
for example, DA-2576. The Order is available on the Commission's Web 
site: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-7-164A1.doc.
    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 
     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

[[Page 75630]]

message, ``get form.'' A sample form and directions will be sent in 
     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 should 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 

Summary of Order

    1. On May 20, 2008, the Rural Cellular Association (RCA) filed a 
Petition for Rulemaking (Petition) asking 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.'' The 
Commission issued a Public Notice on October 10, 2008, seeking comments 
on the Petition. Comments and reply comments were due on December 2, 
and December 22, 2008, respectively, 72 FR 63127, October 23, 2008.
    2. On November 20, 2008, RCA and CTIA--The Wireless Association 
filed a joint request (Request) for a 60-day extension of the comment 
and reply comment deadlines ``to enable the Associations and their 
members to continue industry discussions regarding the issues raised in 
the RCA Petition with the goal of reaching an agreement among 
interested parties on the issues raised * * * or, at the very least, 
narrowing the issues for Commission consideration.'' No party opposed 
the Request.
    3. It is the policy of the Commission that extensions of time are 
not routinely granted. In the instant case, however, we find that 
providing a limited extension will serve the public interest by 
allowing parties to discuss the complex issues at stake and develop 
consensus approaches where possible. Accordingly, we are granting the 
Request by extending the deadline for all comments and reply comments 
to February 2, and February 20, 2009, respectively.
    4. Pursuant to section 4(i) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), and 1.46 of the Commission's rules, 47 CFR 
1.46, the Rural Cellular Association and CTIA--The Wireless Association 
Joint Request for Extension of Comment and Reply Comment Deadlines, 
filed on November 20, 2008, is granted, and the deadline for filing 
comments in response to the Public Notice is extended to February 2, 
2009, and until February 20, 2009, to file reply comments.
    5. This action is taken under delegated authority pursuant to 
Sections 0.131 and 0.331 of the Commission's Rules, 47 CFR 0.131 and 

Federal Communications Commission.
Joel D. Taubenblatt,
Deputy Chief, Wireless Telecommunications Bureau.
[FR Doc. E8-29533 Filed 12-11-08; 8:45 am]