[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Proposed Rules]
[Page 50810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20635]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[WT Docket No. 19-250, WC Docket No. 17-84, RM-11849; DA 19-913]
Comment Sought on WIA Petitions for Declaratory Ruling and
Rulemaking and CTIA Petition for Declaratory Ruling
AGENCY: Federal Communications Commission.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: In this document, the Wireless Telecommunications Bureau (WTB)
and Wireline Competition Bureau (WCB) seek comment on a Petition for
Rulemaking and a Petition for Declaratory Ruling filed by the Wireless
Infrastructure Association (WIA), and a Petition for Declaratory Ruling
filed by CTIA.
DATES: Interested parties may file comments on or before October 15,
2019; and reply comments on or before October 30, 2019.
ADDRESSES: You may submit comments and reply comments on or before the
dates indicated in the DATES section above. Comments may be filed using
the Commission's Electronic Comment Filing System (ECFS). See
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121
(1998). All filings must refer to RM-11849 and WT Docket No. 19-250,
and if addressing issues relating to Section 224 of the Communications
Act, WC Docket 17-84.
[ssquf] Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy of each filing.
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.
[ssquf] All hand-delivered or messenger-delivered paper filings for
the Commission's Secretary must be delivered to FCC Headquarters at 445
12th Street SW, Room TW-A325, Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
[ssquf] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction,
[ssquf] MD 20701.
[ssquf] 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 email to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty). For additional information, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: For further information on this
proceeding, contact David Sieradzki, Senior Counsel, Competition and
Infrastructure Policy Division, WTB at (202) 418-1368 or by email to
[email protected] or Mike Ray, Attorney Advisor, Competition
Policy Division, WCB, at (202) 418-0357 or [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice
released on September 13, 2019 (DA 19-913). 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
website, http://www.bcpiweb.com; or by calling (800) 378-3160,
facsimile (202) 488-5563, or email [email protected]. Additionally, the
complete item is available on the Federal Communications Commission's
website at http://www.fcc.gov.
On August 27, 2019, the WIA filed a Petition for Rulemaking and a
Petition for Declaratory Ruling. On September 6, 2019, CTIA filed a
Petition for Declaratory Ruling. The petition for rulemaking requests
additional rules to implement Section 6409 of the Spectrum Act, 47
U.S.C. 1455. The petitions for declaratory ruling request that the
Commission clarify its rules implementing Section 6409 and Sections
1455 and 224 of the Communications Act. 47 U.S.C. 1455. WIA's Petition
for Rulemaking asks the Commission to amend our rules to reflect that
collocations requiring an expansion of the current site--within 30 feet
of a tower site--qualify for relief under Section 6409(a) and to
require that fees associated with eligible facilities requests under
Section 6409 be cost-based. WIA's Petition for Declaratory Ruling asks
the Commission to clarify (1) that Section 6409(a) and our related
rules apply to all state and local authorizations; (2) when the time to
decide an application begins to run; (3) what constitutes a substantial
change under Section 6409(a); (4) that ``conditional'' approvals by
localities violate Section 6409(a); and (5) that localities may not
establish processes or impose conditions that effectively defeat or
reduce the protections afforded under Section 6409(a).
CTIA's Petition for Declaratory Ruling asks the Commission to
clarify the terms ``concealment element,'' ``equipment cabinet,'' and
``base station'' in our rules, and clarify that when an application is
``deemed granted'' under Section 6409, applicants may lawfully
construct even if the siting authority has not issued construction
permits. With respect to Section 224, CTIA asks the Commission to: (1)
Determine that the definition of the term ``pole'' in Section 224
includes light poles; (2) conclude that utilities may not impose
blanket prohibitions on access to certain parts of the pole; and (3)
clarify that utilities may not ask attachers to accept terms and
conditions that are inconsistent with the Commission's rules.
Federal Communications Commission.
Amy Brett,
Associate Chief, Competition and Infrastructure Policy Division,
Wireless Telecommunications Bureau.
[FR Doc. 2019-20635 Filed 9-25-19; 8:45 am]
BILLING CODE 6712-01-P