Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices 12055 

FEDERAL COMMUNICATIONS 

COMMISSION 

[WT Docket No. 12–37; DA 12–202] 

Comment Sought on Petition for 

Declaratory Ruling Interpreting the 

Definition of ‘‘Commercial Mobile 

Radio Services’’ as Applied to NEXTG 

Networks of California, Inc.’s 

Distributed Antenna Systems and 

Other ‘‘Small-Cell’’ Solutions 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: In this document, the 

Wireless Telecommunications Bureau 

seeks comment on NextG Networks of 

California, Inc.’s Petition for Declaratory 

Ruling, which asks the Commission to 

interpret § 20.3 of the Commission’s 

rules and to find that it is not a provider 

of ‘‘commercial mobile radio service’’ 

(CMRS). 

DATES: Interested parties may file 

comments on or before April 2, 2012, 

and reply comments on or before May 

2, 2012. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 12–37, by 

any of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Federal Communications 

Commission’s Electronic Comment 

Filing System (ECFS) Web site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

Mail: 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. 

People With Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: (202) 418–0530 or TTY: (202) 

418–0432. 

For detailed instructions on 

submitting comments and additional 

information, see the SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Amy Brett, Spectrum & Competition 

Policy Division, Wireless 

Telecommunications Bureau, 

Amy.Brett@fcc.gov, (202) 418–2703. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Public 

Notice, DA 12–202, released on 

February 16, 2012, which seeks 

comment on a Petition for Declaratory 

(Petition) filed December 21, 2011, by 

NextG Networks of California, Inc. 

(Petitioner), a subsidiary of NextG 

Networks, Inc. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC Reference 

Center, Portals II, 445 12th Street SW., 

Room CY–A257, Washington, DC 20554. 

The complete text may also be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc., 

445 12th Street SW., Room CY–B402, 

Washington, DC 20554. The full text 

may also be downloaded at: http:// 

www.fcc.gov. Alternative formats are 

available to persons with disabilities by 

sending an email to FCC504@fcc.gov or 

by calling the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

The proceeding this Notice initiates 

shall be treated as a ‘‘permit-butdisclose’’ proceeding in accordance 

with the Commission’s ex parte rules. 

Persons making ex parte presentations 

must file a copy of any written 

presentation or memorandum 

summarizing any oral presentation 

within two business days after the 

presentation (unless a different deadline 

applicable to the Sunshine period 

applies). Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with rule 

1.1206(b). In proceedings governed by 

rule 1.49(f) or for which the 

Commission has made available a 

method of electronic filing, written ex 

parte presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

Summary of Public Notice 

1. The Petitioner asks the Commission 

to interpret § 20.3 of the Commission’s 

rules, 47 CFR 20.3, in response to a 

referral from the Superior Court of 

Arizona, County of Maricopa. In the 

state court litigation, Petitioner is 

challenging the City of Scottsdale, 

Arizona’s authority to impose fees on 

Petitioner for use of public rights-ofway. Petitioner asks the Commission to 

find that it is not a provider of 

‘‘commercial mobile radio service’’ 

(CMRS) as defined in § 20.3 of the 

Commission’s rules. Such a finding 

could potentially exempt Petitioner 

from local fees under Arizona law. 

2. The Commission has defined CMRS 

in § 20.3 of the rules as: ‘‘A mobile 

service that is: (a)(1) Provided for profit, 

i.e., with the intent of receiving 

compensation or monetary gain; (2) An 

interconnected service; and (3) 

Available to the public, or to such 

classes of eligible users as to be 

effectively available to a substantial 

portion of the public; or (b) The 

functional equivalent of such a mobile 

service described in paragraph (a) of this 

§ .’’ § 322(d)(1) of the Communications 

Act of 1934, as amended, similarly 

defines a ‘‘commercial mobile service’’ 

as ‘‘any mobile service (as defined in 

§ 153 of this title) that is provided for 

profit and makes interconnected service 

available (A) to the public or (B) to such 

classes of eligible users as to be 

effectively available to a substantial 

portion of the public, as specified by 

regulation by the Commission.’’ 47 

U.S.C. 332(d)(1). 

3. Petitioner states that it provides 

telecommunications service via 

Distributed Antenna Systems (DAS) and 

other ‘‘small-cell solutions.’’ Petitioner 

states that in operating these systems, it 

transmits signals for its wireless carrier 

customers along fiber optic networks 

between equipment used by the carriers 

to receive and transmit radio signals and 

the carriers’ networks. Petitioner argues 

that, because it only transports received 

wireless signals over its own wired 

network, it does not provide 

‘‘commercial mobile radio service’’ as 

defined under the Commission’s rules. 

Petitioner also states that it has received 

a certificate of convenience and 

necessity from the Arizona Public 


tkelley on DSK3SPTVN1PROD with NOTICES
12056 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices 

1This family of reports also contains the 

following voluntary reports, which have fewer than 

10 respondents and do not require an OMB control 

number: Automobile Finance Terms (FR 2005) and 

the Passenger Auto Contract Collection Trends (FR 

2012). The Federal Reserve will combine FR 2005 

and the FR 2012 into one reporting form, the 

Automobile Finance Company Report (FR 2512) 

with no changes to the data items reported. 

Utilities Commission to provide its 

services in the State of Arizona. 

Federal Communications Commission. 

Jane Jackson, Associate Chief, 

Chief, Wireless Telecommunications Bureau. 

[FR Doc. 2012–4659 Filed 2–27–12; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL RESERVE SYSTEM 

Agency Information Collection 

Activities: Announcement of Board 

Approval Under Delegated Authority 

and Submission to OMB 

AGENCY: Board of Governors of the 

Federal Reserve System. 

SUMMARY: Notice is hereby given of the 

final approval of proposed information 

collections by the Board of Governors of 

the Federal Reserve System (Board) 

under OMB delegated authority, as per 

5 CFR 1320.16 (OMB Regulations on 

Controlling Paperwork Burdens on the 

Public). Board-approved collections of 

information are incorporated into the 

official OMB inventory of currently 

approved collections of information. 

Copies of the Paperwork Reduction Act 

Submission, supporting statements and 

approved collection of information 

instrument(s) are placed into OMB’s 

public docket files. The Federal Reserve 

may not conduct or sponsor, and the 

respondent is not required to respond 

to, an information collection that has 

been extended, revised, or implemented 

on or after October 1, 1995, unless it 

displays a currently valid OMB control 

number. 

FOR FURTHER INFORMATION CONTACT: 

Federal Reserve Board Clearance 

Officer—Cynthia Ayouch—Division of 

Research and Statistics, Board of 

Governors of the Federal Reserve 

System, Washington, DC 20551 (202– 

452–3829) Telecommunications Device 

for the Deaf (TDD) users may contact 

(202–263–4869), Board of Governors of 

the Federal Reserve System, 

Washington, DC 20551. 

OMB Desk Officer—Shagufta 

Ahmed—Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, New 

Executive Office Building, Room 10235, 

725 17th Street NW., Washington, DC 

20503. 

Final Approval under OMB Delegated 

Authority of the Extension for Three 

Years, without Revision, of the 

Following Reports 

1. Report title: Weekly Report of 

Selected Assets and Liabilities of 

Domestically Chartered Commercial 

Banks and U.S. Branches and Agencies 

of Foreign Banks. 

Agency form number: FR 2644. 

OMB control number: 7100–0075. 

Frequency: Weekly. 

Reporters: Domestically chartered 

commercial banks and U.S. branches 

and agencies of foreign banks. 

Estimated annual reporting hours: 

120,575 hours. 

Estimated average hours per response: 

2.65 hours. 

Number of respondents: 875. 

General description of report: The FR 

2644 is authorized by section 2A and 

11(a)(2) of the Federal Reserve Act (12 

U.S.C. 225(a) and 248(a)(2)) and by 

section 7(c)(2) of the International 

Banking Act (12 U.S.C. 3105(c)(2)) and 

is voluntary. Individual respondent data 

are regarded as confidential under the 

Freedom of Information Act (5 U.S.C. 

552(b)(4)). 

Abstract: The FR 2644 is the primary 

source of high-frequency data used in 

the analysis of current banking 

developments. The FR 2644 collects 

sample data that are used to estimate 

universe levels using data from the 

quarterly commercial bank Consolidated 

Reports of Condition and Income (FFIEC 

031 and 041; OMB No. 7100–0036) and 

the Report of Assets and Liabilities of 

U.S. Branches and Agencies of Foreign 

Banks (FFIEC 002; OMB No. 7100–0032) 

(Call Reports). Data from the FR 2644, 

together with data from other sources, 

are used to construct weekly estimates 

of bank credit, balance sheet data for the 

U.S. banking industry, sources and uses 

of banks’ funds, and to analyze banking 

developments. 

Current Actions: On December 8, 2011 

the Federal Reserve published a notice 

in the Federal Register (76 FR 76730) 

requesting public comment for 60 days 

on the extension, without revision, of 

the Weekly Report of Selected Assets 

and Liabilities of Domestically 

Chartered Commercial Banks and U.S. 

Branches and Agencies of Foreign 

Banks. The comment period for this 

notice expired on February 6, 2012. The 

Federal Reserve did not receive any 

comments. No changes are proposed to 

the FR 2644; however, going forward, 

the Federal Reserve will modify the FR 

2644 instructions as needed to maintain 

consistency with any instructional 

revisions to the Call Reports that might 

occur during the three year extension 

period. 

2. Report title: Quarterly Report of 

Interest Rates on Selected Direct 

Consumer Installment Loans; Quarterly 

Report of Credit Card Plans 1

Agency form number: FR 2835; FR 

2835a. 

OMB control number: 7100–0085. 

Frequency: Quarterly. 

Reporters: Commercial banks. 

Estimated annual reporting hours: FR 

2835, 132 hours; FR 2835a: 100 hours. 

Estimated average hours per response: 

FR 2835, .22 hours; FR 2835a: .50 hours. 

Number of respondents: FR 2835, 150; 

FR 2835a, 50. 

General description of report: These 

information collections are voluntary 

(12 U.S.C. 248(a)(2)). The FR 2835a 

individual respondent data are given 

confidential treatment (5 U.S.C. 552 

(b)(4)). The FR 2835 data, however, are 

not given confidential treatment. 

Abstract: The FR 2835 collects 

information from a sample of 

commercial banks on interest rates 

charged on loans for new vehicles and 

loans for other consumer goods and 

personal expenses. The data are used for 

the analysis of household financial 

conditions. 

The FR 2835a collects information on 

two measures of credit card interest 

rates from a sample of commercial 

banks with $1 billion or more in credit 

card receivables and a representative 

group of smaller issuers. The data are 

used to analyze the credit card market 

and draw implications for the 

household sector. 

Current Actions: On December 8, 2011 

the Federal Reserve published a notice 

in the Federal Register (76 FR 76730) 

requesting public comment for 60 days 

on the extension, without revision, of 

the Quarterly Report of Interest Rates on 

Selected Direct Consumer Installment 

Loans (FR 2835) and the Quarterly 

Report of Credit Card Plans (FR 2835a). 

The comment period for this notice 

expired on February 6, 2012. The 

Federal Reserve did not receive any 

comments. No changes are proposed to 

the FR 2835 or FR 2835a. 

Proposal To Approve under OMB 

Delegated Authority the Extension for 

Three Years, with Revision, of the 

Following Report 

1. Report title: Quarterly Report of 

Assets and Liabilities of Large Foreign 

Offices of U.S. Banks. 

Agency form number: FR 2502q. 

OMB control number: 7100–0079. 

Frequency: Quarterly. 

Reporters: Major foreign branches and 

banking subsidiaries of U.S. depository 


tkelley on DSK3SPTVN1PROD with NOTICES