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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Fax-  On-  Demand  202  /  418-  2830  TTY  202  /  418-  2555  Internet:  http://  www.  fcc.  gov  ftp  fcc  gov 
 DA  02-  248  Released  February  1,  2002 
 INTERNATIONAL  BUREAU  ANNOUNCES  FINAL  OPPORTUNITY  FOR  PARTIES  TO  REFRESH  THE  RECORD  REGARDING  RECONSIDERATIONS  OF  RULES  ADOPTED  IN 
 THE  PREEMPTION  OF  LOCAL  ZONING  REGULATION  OF  SATELLITE  EARTH  STATIONS 

 IB  Docket  No.  95-  59 

 Comment  Date:  30  days  after  publication  in  Federal  Register 
 In  October  2001,  the  International  Bureau  (  Bureau)  released  a  public  notice  1  asking 
 parties  to  refresh  the  record  regarding  petitions  for  reconsideration  of  the  1996  Antenna  Order.  2  The 
 Bureau  noted  that,  since  the  release  of  the  1996  Antenna  Order,  many  of  the  issues  raised  in  the  petitions 
 for  reconsideration  may  have  become  moot  or  irrelevant  in  light  of  intervening  events,  including 
 Commission  amendment  of  Section  1.  4000,  3  that  applies  to  antennas  used  to  transmit  as  well  as  receive 
 both  video  and  nonvideo  services.  4  For  these  reasons,  the  Bureau  requested  that  parties  that  had  petitions 
 for  reconsideration  for  the  1996  Antenna  Order  file  a  supplemental  notice  indicating  the  issues  in  such 
 petitions,  if  any,  they  still  wished  to  have  reconsidered.  The  Bureau  stated  that,  to  the  extent  that  parties 
 did  not  indicate  an  intent  to  pursue  their  respective  petitions  for  reconsideration,  the  Commission  would 
 deem  such  petitions  withdrawn  and  would  dismiss  such  petitions.  5  The  public  notice  was  published  in  the 

 1  See  Parties  Asked  to  Refresh  Record  Regarding  Reconsideration  of  Rules  Adopted  in  Preemption  of  Local 
 Zoning  Regulation  of  Satellite  Earth  Stations,  Public  Notice,  IB  Docket  No.  95-  59,  DA  01-  2323  (rel.  October  5, 
 2001)  (  Preemption  Public  Notice) 

 2  See  In  the  Matter  of  Local  Zoning  Regulation  of  Satellite  Earth  Stations,  Report  and  Order  and  Further 
 Notice  of  Proposed  Rulemaking,  IB  Docket  No.  95-  59,  11  FCC  Rcd  5809,  (1996)  (  1996  Antenna  Order), 
 consolidated  in  part  with  Preemption  of  Local  Zoning  Regulation  of  Satellite  Earth  Stations  and  Implementation  of 
 Section  207  of  the  Telecommunications  Act  of  1996,  Restrictions  on  Over  the  Air  Reception  Devices,  Report  and 
 Order,  Memorandum  Opinion  and  Order  and  Further  Notice  of  Proposed  Rulemaking,  IB  Docket  No.  95-  59  and  CS 
 Docket  No.  96-  83,  11  FCCC  Rcd  19276  (1996). 

 3  47  C.  F.  R.  1.4000. 

 4  Promotion  of  Competitive  Networks  in  Local  Telecommunications  Markets,  Report  and  Order,  15  FCC 
 Rcd  22983  (2000). 
 5  See  Preemption  Public  Notice  at  2. 
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 Federal  Register.  6  No  party  filed  in  response  to  this  public  notice. 
 In  this  Public  Notice,  the  Bureau  announces  the  list  of  the  petitioners  that  did  not  respond  to  the 
 October  2001  public  notice,  as  set  forth  in  the  attached  appendix.  These  parties  may  file  a  supplemental 
 notice  of  their  intent  to  pursue  their  respective  petitions  for  reconsideration  within  30  days  after 
 publication  of  this  Public  Notice  in  the  Federal  Register.  The  Commission  intends  to  dismiss  those  petitions  for  reconsideration  from  parties  that  do  not  indicate  an  intent  to  pursue  their  respective  petitions 

 for  reconsideration.  To  ensure  that  each  party  who  filed  a  petition  for  reconsideration  to  the 
 1996  Antenna  Order  has  actual  notice  and  an  opportunity  to  respond,  in  addition  to  publishing  this  Public 
 Notice  in  the  Federal  Register,  the  Bureau  will  also  mail  a  copy  of  this  Public  Notice  to  these  parties. 

 All  filings  relating  to  the  1996  Antenna  Order  are  to  reference  IB  Docket  No.  95-  59.  Comments 
 may  be  filed  using  the  Commission's  Electronic  Comment  Filing  System  (  ECFS)  or  by  filing  paper 
 copies.  See  Electronic  Filing  of  Documents  in  Rulemaking  Proceedings,  63  Fed.  Reg.  24,121  (1998). 
 Comments  filed  through  the  ECFS  can  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.  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  electronic  comments 
 by  Internet  e-  mail.  To  receive  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 
 (Publication  page  references  are  not  available  for  this  document.) 
 address."  A  sample  form  and  directions  will  be  sent  in  reply. 

 Parties  who  choose  to  file  by  paper  must  file  an  original  and  four  copies  of  each  filing.  All  filings 
 must  be  sent  to  the  Commission's  Secretary,  William  F.  Caton,  Acting  Secretary,  Office  of  the  Secretary, 
 Federal  Communications  Commission,  445  12th  Street,  S.  W.,  TW-  A325,  Washington,  D.  C.  20554. 
 Parties  also  must  send  copies  of  their  1996  Antenna  Order  filings  to  Selina  Khan,  Satellite  and 
 Radiocommunication  Division,  International  Bureau,  FCC,  445  12  th  Street,  S.  W.,  Room  6-  B459, 
 Washington,  D.  C.  20554.  In  addition,  interested  parties  must  send  diskette  copies  to  the  Commission's 
 copy  contractor,  Qualex  International,  Portals  II,  445  12th  Street,  S.  W.,  Room  CY-  B402,  Washington, 
 D.  C.  20554.  The  original  petitions  for  reconsideration  that  parties  filed  in  1996  are  available  for 
 inspection  and  copying  during  normal  business  hours  in  the  FCC's  Reference  Center,  Room  CY-  A257, 
 445  12th  Street,  SW,  Washington,  DC  20554. 

 Pursuant  to  section  1.1206  of  the  Commission's  rules,  47  C.  F.  R.    1.  1206,  this  proceeding  is 
 conducted  as  a  permit-  but-  disclose  proceeding  in  which  ex  parte  communications  are  permitted  subject  to 
 disclosure. 

 For  further  information,  contact  Selina  Khan,  Satellite  and  Radiocommunication  Division, 
 International  Bureau  at  (202)  418-  7282. 

 6  See  66  Fed.  Reg.  53417  (2001). 
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 APPENDIX  A 
 PETITIONS  FOR  RECONSIDERATION  OF  THE  1996  ANNTENNA  ORDER 

 AlphaStar  Television  Network,  Inc. 
 County  of  Boulder,  State  of  Colorado 
 DIRECTV,  Inc. 
 Florida  League  of  Cities 
 Hughes  Network  Systems,  Inc. 
 Local  Communit  ies  (the  "Cit  ies  of  Dallas")  7 
 Local  Communities  ("  National  League  of  Cities")  8 
 Satellite  Broadcasting  And  Communications  Association  of  America  ("  SBCA") 
 United  States  Satellite  Broadcasting  Company,  Inc.  ("  USSB") 

 7  The  Local  Communities  is  composed  of  local  governments  nationally  and  local 
 governments  in  Cities  of  Dallas,  Texas;  Arlington,  Texas;  Austin,  Texas;  Fort  Worth  Texas;  Knoxville, 
 Tennessee;  the  National  Association  of  Counties  and  the  United  States  Conference  of  Mayors  (hereinafter 
 "The  City  of  Dallas"). 

 8  The  National  League  of  Cities  is  composed  of  the  following:  the  National  Association  of 
 Telecommunications  Officers  and  Advisors;  the  National  Trust  for  Historic  Preservation;  League  of  Arizona 
 Cities  and  Towns;  League  of  California  Cities;  Colorado  Municipal  League;  Connecticut  Conference  of 
 Municipalities;  Delaware  League  of  Local  Governments;  Florida  League  of  Cities;  Georgia  Municipal 
 Association;  Association  of  Idaho  Cities;  Illinois  Municipal  League;  Indiana  Association  of  Cities  and  Towns; 
 Iowa  League  of  Cities;  League  of  Kansas  Municipalities;  Kentucky  League  of  Cities;  Maine  Municipal 
 Association;  Michigan  Municipal  Association;  Michigan  Municipal  League;  League  of  Minnesota  Cities; 
 Mississippi  Municipal  Association;  League  of  Nebraska  Municipalities;  New  Hampshire  Municipal 
 Association;  New  Jersey  State  League  of  Municipalities;  New  Mexico  Municipal  League;  New  York  State 
 Conference  of  Mayors  and  Municipal  Officials;  North  Carolina  League  of  Municipalities;  North  Dakota 
 League  of  Cities;  Ohio  Municipal  League;  Oklahoma  Municipal  League;  League  of  Oregon  Cities; 
 Pennsylvania  League  of  Cities  and  Municipalities;  Municipal  Association  of  South  Carolina;  Texas  Municipal 
 League;  Vermont  League  of  Cities  and  Towns;  Virginia  Municipal;  League;  Association  of  Washington 
 Cities;  and  Wyoming  Association  of  Municipalities  (hereinafter  the  "National  League  of  Cities"). 
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