[Federal Register Volume 75, Number 6 (Monday, January 11, 2010)]
[Notices]
[Pages 1382-1383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-55]


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FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 08-165; DA 09-2629]


Wireless Telecommunications Bureau Seeks Comment on Petition for 
Reconsideration or Clarification of the Commission's Declaratory Ruling 
Clarifying Provisions in Section 332(c)(7) of the Communications Act

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, comment is sought on a December 17, 2009 
petition for reconsideration or clarification (Petition) filed by the 
National Association of Telecommunications Officers and Advisors, the 
United States Conference of Mayors, the National League of Cities, the 
National Association of Counties, and the American Planning Association 
(Petitioner). The Petitioner asks the Federal Communications Commission 
(Commission) to reconsider or clarify its interpretation of provisions 
in Section 332(c)(7) of the Communications Act, as amended.

DATES: Interested parties may file oppositions on or before January 22, 
2010, and replies on or before February 8, 2010.

ADDRESSES: You may submit comments, identified by WT Docket No. 08-165, 
by any of the following methods: (1) The Commission's Electronic 
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking 
Portal, or (3) by filing paper copies. For detailed

[[Page 1383]]

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 & Competition 
Policy Division, Wireless Telecommunications Bureau, Federal 
Communications Commission, 445 12th Street, SW., Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's public 
notice in WT Docket No. 08-165 released December 23, 2009. The complete 
text of the public notice is available for public inspection and 
copying from 8 a.m. to 4:30 p.m. Monday through Thursday or from 8 a.m. 
to 11:30 a.m. on Friday at the FCC Reference Information Center, 
Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. 
The public notice may also be purchased from the Commission's 
duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals 
II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 
(800) 378-3160, facsimile (301) 816-0169, e-mail [email protected], or 
you may contact BCPI at its Web site: http://www.BCPIWEB.com. When 
ordering documents from BCPI please provide the appropriate FCC 
document number, DA 09-2629. The public notice is also available on the 
Internet at the Commission's Web site through its Electronic Document 
Management System (EDOCS): http://hraunfoss.fcc.gov/edocs_public/SilverStream/Pages/edocs.html.

Synopsis

    On December 17, 2009, the National Association of 
Telecommunications Officers and Advisors, the United States Conference 
of Mayors, the National League of Cities, the National Association of 
Counties, and the American Planning Association filed a petition\1\ 
requesting that the Commission reconsider or clarify its decision\2\ 
interpreting provisions in Section 332(c)(7) of the Communications Act, 
as amended.\3\ Petitioners argue in their Petition that the 
Commission's adoption of a 30-day review period for local authorities 
to determine the completeness of a wireless facilities siting request 
exceeds its authority under its own interpretation, does not allow 
local authorities to toll the adopted time limits for other reasons, 
and will result in significant unintended consequences. The Petition 
also argues that the Commission did not provide affected parties the 
opportunity for input before adopting the 30-day review period.
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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 Reconsideration or Clarification, WT Docket No. 08-165, 
filed Dec. 17, 2009 (Petition).
    \2\ 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, 
Declaratory Ruling, WT Docket No. 08-165, FCC 09-99 (Nov. 18, 2009).
    \3\ 47 U.S.C. 332(c)(7).
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Procedural Matters

    All filings should reference the docket number of this proceeding, 
WT Docket No. 08-165.
    This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules.\4\ 
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 generally is required.\5\ 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.\6\
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    \4\ See 47 CFR 1.1200, 1.1206.
    \5\ See 47 CFR 1.1206(b).
    \6\ 47 CFR 1.1206(b).
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    Comments may be filed using (1) the Commission's ECFS, (2) the 
Federal Government's eRulemaking Portal, or (3) by filing paper 
copies.\7\ Comments can be filed through the Commission's ECFS filing 
interface located at the following Internet address: http://www.fcc.gov/cgb/ecfs/. Comments can also be filed via the Federal 
eRulemaking Portal: http://www.regulations.gov.\8\ 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 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.
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    \7\ See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (1998).
    \8\ Filers should follow the instructions provided on the 
Federal eRulemaking Portal Web site for submitting comments.
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    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     Effective December 28, 2009, all hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary must 
be delivered to FCC Headquarters at 445 12th St., SW., Room TW-A325, 
Washington, DC 20554. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes must be disposed of before 
entering the building. Please Note: Through December 24, 2009, 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. This filing 
location will be permanently closed after December 24, 2009. The filing 
hours at both locations are 8 a.m. to 7 p.m.
     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.
    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 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 (301) 816-0169, e-mail [email protected].
    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 and Governmental Affairs Bureau at (202) 418-0530, (202) 418-
0432 (TTY).

Federal Communications Commission.
Jane Jackson,
Associate Bureau Chief, Wireless Telecommunications Bureau.
[FR Doc. 2010-55 Filed 1-8-10; 8:45 am]
BILLING CODE 6712-01-P