PUBLIC NOTICE![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}

FEDERAL COMMUNICATIONS COMMISSION

445 TWELFTH STREET, S.W.

WASHINGTON, D.C. 20554 **DA 02-1044**

News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet:
http://www.fcc.gov ftp.fcc.gov

Released: May 7, 2002

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON PETITION FOR

DECLARATORY RULING THAT AMENDMENTS TO ANNE ARUNDEL COUNTY, MARYLAND
ZONING ORDINANCE ARE PREEMPTED AS IMPERMISSIBLE REGULATION OF RADIO
FREQUENCY INTERFERENCE RESERVED EXCLUSIVELY TO THE FEDERAL
COMMUNICATIONS COMMISSION

Comment Date: June 10, 2002

Reply Comment Date: June 25, 2002

On April 23, 2002, Cingular Wireless LLC ("Cingular") filed a Petition
for Declaratory Ruling ("Petition") requesting that the Commission,
under the Communications Act of 1934, as amended ("the Act"),[^1] issue
a declaratory ruling preempting recent amendments to the Anne Arundel
County, Maryland ("Anne Arundel") zoning ordinance.[^2] On April 29,
2002, Cingular filed a supplement to its Petition.[^3] Cingular seeks a
declaratory ruling that the amendments impermissibly condition the
County's zoning approval of communications facilities on the County's
satisfaction that the facilities will not degrade or interfere with the
County's federally-licensed public safety communications system.
Cingular states that, although the amendments purport to regulate land
use through zoning, they are, in fact, intended to regulate and have the
effect of regulating radio frequency interference ("RFI"). Cingular
further states that Congress, under the Act, has established a
"pervasive regulatory scheme" that grants the Commission exclusive
jurisdiction to regulate RFI, and that the Anne Arundel amendments
conflict with the Commission's rules regarding resolution of RFI.
Cingular maintains that, in order to prevent significant delays in the
provision of wireless services resulting from Anne Arundel's regulation
of RFI, the Commission should determine that the amendments are
preempted.

This matter shall be treated as a \"permit but disclose\" proceeding in
accordance with the Commission\'s ex parte rules. 47 C.F.R. §§
1.1200(a), 1.1206. 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 is generally required. *See* 47
C.F.R. § 1.1206(b). Other rules pertaining to oral and written ex parte
presentations in permit-but-disclose proceedings are set forth in
Section 1.1206(b) of the Commission\'s rules. 47 C.F.R. § 1.1206(b).

Comments on the petition must be filed on or before June 7, 2002, and
reply comments by June 24, 2002. All documents filed in this proceeding
should indicate in the caption that this matter is before the Wireless
Telecommunications Bureau, Commercial Wireless Division, Policy and
Rules Branch and include the DA number of this Public Notice, DA
02-1044.

The Petition is available for public inspection and copying in the
Commission's Reference Center, Room CY-A257, 445 12th Street, S.W.,
Washington, DC 20554. Copies of the Petition are also available from
Qualex International, Portals II, 445 12^th^ Street, SW, Room CY-B402,
Washington, D.C. 20554, telephone (202) 863-2893, facsimile (202)
863-2898, or e-mail at qualexint@aol.com. Copies of the Petition also
may be obtained via the Commission's Electronic Comment Filing System
(ECFS), which is accessible at <http://www.fcc.gov/e-file/ecfs.html>, by
entering the Docket Number of this proceeding, Docket No. WT 02-100.

Under the Commission's current procedures for the submission of filings
and other documents,[^4] submissions in this matter may be filed
electronically by ECFS or by hand delivery to the Commission's
Massachusetts Avenue location.

-   **If filed by ECFS**,[^5] comments shall be sent as an electronic
    file via the Internet to http://www.fcc.gov/e-file/ecfs.html.
    Generally, only one copy of an electronic submission must be filed.
    If multiple docket or rulemaking numbers appear in the caption of
    this proceeding, however, commenters must transmit one electronic
    copy of the comments to each docket or rulemaking number referenced
    in the caption. In completing the transmittal screen, commenters
    should include their full name, 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
    for e-mail comments, commenters should send an e-mail to
    ecfs@fcc.gov, and should include the following words in the body of
    the message, "get form \<your e-mail address\>." A sample form and
    directions will be sent in reply.

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-   **If filed by paper**, the original and four copies of each filing
    must be filed 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). The Commission\'s contractor, Vistronix, Inc., will
    receive hand-delivered or messenger-delivered paper filings for the
    Commission\'s Secretary at 236 Massachusetts Avenue, N.E., Suite
    110, Washington, D.C. 20002. The filing hours at this location are
    8:00 a.m. to 7:00 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 mail, Express Mail, and Priority Mail should be
    addressed to 445 12th Street, SW, Washington, D.C. 20554. All
    filings must be addressed to the Commission\'s Secretary, Office of
    the Secretary, Federal Communications Commission.

One copy of each pleading must also be delivered electronically, by
e-mail or facsimile, or if delivered as paper copy, by hand or messenger
delivery, by commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail (according to the procedures set
forth above for paper filings) to: (1) the Commission's duplicating
contractor, Qualex International, at qualexint@aol.com or (202) 863-2898
(facsimile); (2) Gary Oshinsky, Commercial Wireless Division, Wireless
Telecommunications Bureau, at goshinsk@fcc.gov, or (202) 418-7447
(facsimile).

For further information contact: Gary Oshinsky, Commercial Wireless
Division, Wireless Telecommunications Bureau, at (202) 418-7167.

**- FCC -**

[^1]: 47 U.S.C. §§ 151, 301, 302, 303.

[^2]: *See* Petition for Declaratory Ruling filed by Cingular, dated
    April 23, 2002.

[^3]: *See* Supplement to Petition for Declaratory Ruling filed by
    Cingular on April 29, 2002. The supplement contains a copy of Bill
    No. 93-01 amending Anne Arundel County's zoning ordinance and a copy
    of a letter from the Commercial Wireless Division addressing zoning
    regulations of a different county.

[^4]: *See* *In the Matter of Implementation of Interim Electronic
    Filing Procedures for Certain Commission Filings,* Order, FCC 01-345
    (rel. Nov. 29, 2001); *see also* FCC Announces a New Filing Location
    for Paper Documents and a New Fax Number for General Correspondence,
    *Public Notice,* DA 01-2919 (rel. Dec. 14, 2001).

[^5]: *See* Electronic Filing of Documents in Rulemaking Proceedings, 63
    Fed. Reg. 24,121 (1998).