[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Pages 21742-21743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9199]



[WT Docket No. 11-35; DA 11-613]

Wireless Telecommunications Bureau Extends Period for Filing 
Comments and Reply Comments on Petition for Declaratory Ruling Asking 
To Clarify the Scope of Preemption of Wireless Entry Regulation

AGENCY: Federal Communications Commission.

ACTION: Notice; extension of filing and reply comment period.


SUMMARY: In this document, the Wireless Telecommunications Bureau 
extends the deadline for filing comments and reply comments in response 
to the Public Notice seeking comment on the December 3, 2010 petition 
for declaratory ruling (Petition) filed by CTIA--The Wireless 
Association (Petitioners). The Petitioners asked the Federal 
Communications Commission (Commission) to clarify ``the scope of 
Section 332(c)(3)(A)'s ban on state and local entry regulation.''

DATES: Interested parties may file comments on or before June 10, 2011, 
and reply comments on or before July 11, 2011.

ADDRESSES: You may submit comments, identified by WT Docket No. 11-35, 
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://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
     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-

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice released on April 5, 2011. 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]. Additionally, the complete item is 
available on the Federal Communications Commission's Web site at http://www.fcc.gov.
    On February 25, 2011, the Wireless Telecommunications Bureau 
(Bureau) released a Public Notice seeking comment on the CTIA petition 
for declaratory ruling asking the Commission to clarify ``the scope of 
Section 332(c)(3)(A)'s ban on state and local entry regulation.'' The 
Petitioners stated that the Connecticut Department of Public Utility 
Control (Connecticut PUC) ``ordered that wireless providers must apply 
for and obtain a Certificate of Public Convenience and Necessity (CPCN) 
from the [Connecticut PUC] before they can request permission to access 
public rights-of-way.'' The Petitioners asked the Commission to declare 
that Connecticut's CPCN requirement is a form of entry regulation that 
is prohibited by section 332(c)(A)(3).
    On April 1, 2011, the Petitioners along with the Connecticut PUC 
(collectively, the ``Parties'') submitted a joint request for a 60-day 
extension of the comment and reply comment deadlines in this 
proceeding. The Parties state that the Connecticut PUC recently 
published draft changes to the requirements at issue in this matter and 
that a 60-day extension is ``in the public interest because it will 
allow commenters a meaningful period of time to review, analyze, and 
respond to any final actions the [Connecticut PUC] takes on the draft 
    The Bureau finds that granting the Parties' request and extending 

[[Page 21743]]

comment and reply comment deadlines by 60 days is in the public 
interest. Extending the comment period will ensure that parties have 
sufficient time to consider and address developments in this matter and 
the extent to which they moot the controversy at issue in the Petition. 
Therefore, interested parties will now have until June 10, 2011 to file 
comments and July 11, 2011 to file reply comments as opposed to the 
April 11, 2011 and May 11, 2011 deadlines set forth in the Public 
    Pursuant to Sec. Sec.  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 above. 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://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: http://www.regulations.gov.
     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.
     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. The filing hours 
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).

Federal Communications Commission.
Nese Guendelsberger,
Chief, Spectrum and Competition Policy Division, Wireless 
Telecommunications Bureau.
[FR Doc. 2011-9199 Filed 4-15-11; 8:45 am]