[Federal Register Volume 66, Number 116 (Friday, June 15, 2001)]
[Rules and Regulations]
[Page 32580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15125]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[WT Docket No. 97-192; FCC 00-408]


Effective Date Established for Procedures for Reviewing Requests 
for Relief From State and Local Regulations

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Federal Communications Commission (``the 
Commission'') announces that the rule adopted in the RF Procedures 
Order of November 17, 2000 (RF Procedures Order), regarding its review 
of requests for relief from impermissible State and local regulation of 
personal wireless service facilities based on the environmental effects 
of radiofrequency (RF) emissions has been approved by the Office of 
Management and Budget (OMB).

DATES: The amendment to Sec. 1.1206(a) published at 66 FR 3499, January 
16, 2001, is effective June 15, 2001.

FOR FURTHER INFORMATION CONTACT: Evan Baranoff at (202) 418-7142 of the 
Wireless Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: On November 17, 2000, the Commission adopted 
the RF Procedures Order in 47 CFR Part 1, in WT Docket No. 97-192, FCC 
00-408 (66 FR 3499) to address the issues raised in the Commission's 
Notice of Proposed Rulemaking (62 FR 48034) regarding the review of 
requests for relief from impermissible State and local regulation of 
personal wireless service facilities based on the environmental effects 
of radiofrequency (RF) emissions. In the RF Procedures Order, the 
Commission provided that such requests under section 332(c)(7)(B)(v) of 
the Communications Act of 1934, as amended,\1\ shall be filed as 
petitions for declaratory ruling, and also established certain required 
and recommended procedures regarding the service of pleadings and 
comment periods in such proceedings.
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    \1\ 47 U.S.C. 332(c)(7)(B)(v).
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    2. The rule change to Note 1 to Sec. 1.1206(a), which was published 
on January 16, 2001 (66 FR 3499), received OMB approval on June 1, 
2001, pursuant to OMB Control No. 3060-0977. The RF Procedures Order 
amended Note 1 to Sec. 1.1206(a) of the Commission's rules so that the 
expanded service requirements set forth in that note apply to petitions 
filed pursuant to section 332(c)(7)(B)(v) (i.e., petitions for relief 
from impermissible State and local regulation of personal wireless 
service facilities on the basis of RF emissions). Thus, petitioners 
seeking relief under Section 332(c)(7)(B)(v) must serve a copy of such 
petitions on those State and local governments that are the subject of 
the petitions, as well as on those State and local governments. 
Accordingly, this rule change will become effective June 15, 2001. This 
notice constitutes publication of the effective date of this rule 
change.
    3. The Public Notice is available for inspection and copying during 
normal business hours in the FCC Reference Center, 445 Twelfth Street, 
SW., Washington, DC. The complete text may be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., 1231 20th Street, NW., Washington, DC 20036, (202) 857-3800. The 
Public Notice is also available via the internet at: http://www.fcc.gov/Bureaus/Wireless/News_Releases/2001/index.html in da01-
1368.doc and da01-1368.txt formats.

List of Subjects in 47 CFR Part 1

    Communications common carriers, Telecommunications, Permit-but-
disclose proceedings.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-15125 Filed 6-14-01; 8:45 am]
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