DA 08-1040

May 1, 2008

**OPENING OF DOCKET IN RESPONSE TO**

**AMERICAN BIRD CONSERVANCY, INC. V. FCC, 516 F.3d 1027 (D.C. CIR.
2008)**

**WT Docket No. 08-61**

By this Public Notice, the Wireless Telecommunications Bureau announces
that, effective today, it is opening WT Docket No. 08-61 in response to
the decision of the Court of Appeals for the District of Columbia in
*American Bird Conservancy, Inc. v. FCC*, 516 F.3d 1027 (2008), in which
the Court affirmed in part and vacated and remanded in part the
Commission's 2006 *Memorandum Opinion and Order* relating to a petition
filed by the American Bird Conservancy, the Forest Conservation Council,
and the Friends of the Earth.[^1]

Presentations made in connection with WT Docket No.08-61 will be subject
to the "permit-but-disclose" requirements set forth in § 1.1206 of the
Commission's e*x parte* rules. Specifically, under the Commission's
rules, the Commission's proceeding on remand is subject to treatment by
the Commission as restricted for *ex parte* purposes under § 1.1208 of
the Commission's rules, unless otherwise provided.[^2] Because this
proceeding implicates broadly applicable policy issues, we find,
pursuant to Note 2 to § 1.1208 and consistent with § 1.1200(a), that
this proceeding should be treated as permit-but-disclose under the *ex
parte* rules.[^3] *Ex parte* presentations in this proceeding will be
allowed but must be disclosed in accordance with the requirements of §
1.1206(b).[^4] Commenters seeking to protect the confidentiality of
information produced shall follow the procedures set forth in § 0.459 of
the Commission's rules.[^5]

Parties making oral *ex parte* presentations in this proceeding are
reminded that memoranda summarizing the presentation must contain the
presentation's substance and not merely list the subjects discussed.[^6]
More than a one-or two-sentence description of the views and arguments
presented is generally required.[^7]

To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an e-mail
to <fcc504@fcc.gov> or call the Consumer & Governmental Affairs Bureau
at 202-418-0530 (voice), 202-418-0432 (tty).

For questions regarding this public notice, please contact Jennifer
Flynn, Wireless Telecommunications Bureau, at Jennifer.Flynn@fcc.gov or
(202) 418-0612.

[^1]: In the Matter of Petition by Forest Conservation Council, American
    Bird Conservancy and Friends of the Earth for National Environmental
    Policy Act Compliance, *Memorandum Opinion and Order,* 21 FCC Rcd
    4462 (2006).

[^2]: 47 C.F.R. § 1.1208.

[^3]: 47 C.F.R. § 1.1208 Note 2; *see also* 47 C.F.R. §§ 1.1200(a),
    1.1206.

[^4]: 47 C.F.R. § 1.1206(b).

[^5]: 47 C.F.R. § 0.459.

[^6]: *See* "[Commission Emphasizes the Public\'s Responsibilities in
    Permit-But-Disclose Proceedings," *Public Notice*, 15 FCC Rcd 19945
    (2000)](http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=4493&FindType=Y&SerialNum=2000567924).

[^7]: *See* [47 C.F.R. §
    1.1206(b)(2)](http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=1000547&DocName=47CFRS1.1206&FindType=L).
    For further guidance regarding the requirements and content of *ex
    parte* submissions, *see also* Fact Sheet, "FCC's Ex Parte Rules,"
    July 2001, <http://www.fcc.gov/ogc/admain/ex_parte_factsheet.html>.
    Other rules pertaining to oral and written presentations are set
    forth in § 1.1206(b) as well. *Id.* § 1.1206(b).