**DA 08-1694**

**Released: July 18, 2008**

**MEDIA BUREAU ANNOUNCES NEW FILING PROCEDURES FOR EVOLUTION BROADBAND,
LLC'S REQUEST FOR WAIVER OF SECTION 76.1204(a)(1) OF THE COMMISSION'S
RULES**

**CS Docket No. 97-80, CSR-7902-Z**

In this Public Notice, the Media Bureau announces that the record for
Evolution Broadband LLC's request for waiver of Section 76.1204(a)(1) of
the Commission's rules[^1] will be added to CS Docket No. 97-80. The
Consumer Electronics Association ("CEA") has expressed concern that
monitoring documents in the Commission's reference information center
presents a hardship in this case of national importance.[^2] CEA argues
that Evolution Broadband LLC's request for waiver involves wide-ranging
issues that will have a significant impact on the implementation of
Section 629 of the Communications Act, [^3] and we agree that it is
unlike the overwhelming majority of requests for waiver of Section
76.1204(a)(1) of the Commission's rules. Given that this waiver request
has generated a record that is unusually large for a request for waiver
of Section 76.1204(a)(1) of the Commission's rules,[^4] we conclude that
placing Evolution Broadband LLC's request in CS Docket No. 97-80 and
allowing parties to file via the Commission's Electronic Comment Filing
System ("ECFS") will allow for a record that is more accessible for all
parties involved. Accordingly, we issue this Public Notice to announce
that we will require parties to file *ex parte* disclosures in CS Docket
No. 97-80 and to announce that the Commission will place the above
captioned waiver request and the record it has generated to date in CS
Docket No. 97-80 as well.

*Ex Parte Rules*. This proceeding is treated as a "permit-but-disclose"
proceeding subject to the "permit-but-disclose" requirements under
section 1.1206(b) of the Commission's rules.[^5] *Ex parte*
presentations are permissible if disclosed in accordance with Commission
rules. Persons making oral *ex parte* presentations are reminded that a
memorandum summarizing a presentation must contain a summary of the
substance of the presentation 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.[^6] Additional rules
pertaining to oral and written presentations are set forth in section
1.1206(b). **All filings must be submitted in CS Docket No. 97-80 and
reference CSR-7902-Z**. Pleadings sent via e-mail to the Commission will
be considered informal and will not be part of the official record. *Ex
parte* filings may be filed using: (1) ECFS, (2) the Federal
Government's eRulemaking Portal, or (3) by filing paper copies.[^7]

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS:
    [http://www.fcc.gov/cgb/ecfs/](http://www.fcc.gov/e-file/ecfs.html)
    or the Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Filers
    should follow the instructions provided on the website for
    submitting comments.

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-   For ECFS filers, in completing the transmittal screen, filers should
    include their full name, U.S. Postal service mailing address, and
    the applicable docket number: CS Docket No. 97-80. Parties may also
    submit an electronic comment by Internet e-mail. To get filing
    instructions, filers should send an e-mail to <ecfs@fcc.gov>, and
    include the following words in the body of the message: "get form".
    A sample form and instructions will be sent in response.

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-   Paper Filers: Parties who choose to file by paper must file an
    original and four copies 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 (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.

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-   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, 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 12^th^ Street, SW, Washington, D.C.
    20554.

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-   People with Disabilities: To request materials in accessible formats
    for persons with disabilities (Braille, large print, electronic
    files, audio format), send an email to fcc504@fcc.gov or contact the
    Consumer and Governmental Affairs Bureau at (202) 418-0530 or (202)
    418-7365 (TTY).

-   Copies of any filed documents in this matter are also available for
    inspection in the Commission's Reference Information Center:

> 445 12^th^ Street, S.W.
>
> Washington, D.C. 20554
>
> \(202\) 418-7092

For further information, contact Brendan Murray of the Media Bureau,
(202) 418-2120. Press inquiries should be directed to Clyde Ensslin,
(202) 418-0506. TTY: (202) 418-0432 or (888) 835-5322.

[^1]: Evolution Broadband Petition for Waiver of 47 C.F.R. §
    76.1204(a)(1) (filed May 12, 2008).

[^2]: *See* Letter from Robert S. Schwartz, Counsel, Consumer
    Electronics Association, to Marlene H. Dortch, Secretary, Federal
    Communications Commission at 2 (July 1, 2008).

[^3]: *Id*.

[^4]: The Bureau has received comments from six parties: the American
    Cable Association; Baja Broadband; Cable One, Inc.; the Consumer
    Electronics Association, TVMAX Houston, LP; and the Frankfort Plant
    Board.

[^5]: *See* 47 C.F.R. § 1.1206(b); *see also* 47 C.F.R. §§ 1.1202,
    1.1203.

[^6]: *See* 47 C.F.R. § 1.1206(b)(2).

[^7]: *See Electronic Filing of Documents in Rulemaking Proceedings*, 13
    FCC Rcd 11322, 11326, ¶ 8 (1998).