50972 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 

1 In the Matter of Petition for Declaratory Ruling 

to Clarify Provisions of section 332(c)(7)(B) to 

Ensure Timely Siting Review and to Preempt under 

section 253 State and Local Ordinances that 

Classify All Wireless Siting Proposals as Requiring 

a Variance, Petition for Declaratory Ruling, WT 

Docket No. 08–165, filed July 11, 2008 (Petition). 

2 47 U.S.C. 253(a). 

3Petition at iii. 

these documents is available for viewing 

and copying in Room CY–B402, 445 

12th Street, SW., Washington, DC or 

may be purchased from the 

Commission’s copy contractor, Best 

Copy and Printing, Inc. (BCPI) (1)–800–

378–3160). Oppositions to these 

petitions must be filed by September 15, 

2008. See Section 1.4(b)(1) of the 

Commission’s rules (47 CFR 1.4(b)(1)). 

Replies to oppositions must be filed 

within 10 days after the time for filing 

oppositions have expired. 

Subject: In the Matter of 

Telecommunications Relay Services and 

Speech-to-Speech Services for 

Individuals with Hearing and Speech 

Disabilities (CG Docket No. 03–123). 

E911 Requirements for IP-Enabled 

Service Providers (WC Docket No. 05–

196). 

Number of Petitions Filed: 2. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–20126 Filed 8–28–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 08–1913; WT Docket No. 08–165] 

Wireless Telecommunications Bureau 

Seeks Comment on Petition for 

Declaratory Ruling by CTIA—The 

Wireless Association To Clarify 

Provisions of Section 332(c)(7)(B) To 

Ensure Timely Siting Review and To 

Preempt Under Section 253 State and 

Local Ordinances That Classify All 

Wireless Siting Proposals as Requiring 

a Variance 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: In this document, comment is 

sought on a July 11, 2008 petition for 

Declaratory Ruling (Petition) filed by 

CTIA—The Wireless Association 

(Petitioner). The Petitioner asks the 

Federal Communications Commission 

to clarify the provisions of section 

332(c)(7)(B)(v) of the Communications 

Act, as amended, that Petitioner 

contends are ambiguous and that have 

been unreasonably interpreted. 

Petitioner further requests that the 

Commission preempt local ordinances 

and state laws that Petitioner believes 

violate section 253(a) of the 

Communications Act, as amended. 

DATES: Interested parties may file 

comments on or before September 15, 

2008, and reply comments on or before 

September 30, 2008. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 08–165, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s 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 

(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. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202–

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Michael Rowan, Spectrum and 

Competition Policy Division, Wireless 

Telecommunications Bureau at (202) 

418–1883 or Michael.Rowan@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s public 

notice released on August 14, 2008. The 

full text of the public notice is available 

for public inspection and copying 

during business hours in the FCC 

Reference Information Center, Portals II, 

445 12th Street, SW., Room CY–A257, 

Washington, DC 20554. It also may be 

purchased from the Commission’s 

duplicating contractor at Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20554; the contractor’s 

Web site, http://www.bcpiweb.com; or 

by calling (800) 378–3160, facsimile 

(202) 488–5563, or e-mail 

FCC@BCPIWEB.com. Copies of the 

public notice also may be obtained via 

the Commission’s Electronic Comment 

Filing System (ECFS) by entering the 

docket number, WT Docket No. 08–165. 

Additionally, the complete item is 

available on the Federal 

Communications Commission’s Web 

site at http://www.fcc.gov. 

On July 11, 2008, CTIA—The Wireless 

Association (CTIA) filed a petition 

requesting that the Federal 

Communications Commission 

(Commission) issue a Declaratory Ruling 

clarifying provisions of the 

Communications Act of 1934, as 

amended (Communications Act) 

regarding state and local review of 

wireless facility siting applications.1

CTIA seeks clarification of provisions in 

section 332(c)(7) of the Communications 

Act that it contends are ambiguous and 

that it claims have been interpreted in 

a manner that has allowed certain 

zoning authorities to impose 

unreasonable impediments to wireless 

facility siting and the provision of 

wireless services. CTIA also requests 

that the Commission preempt local 

ordinances and state laws that it states 

subject wireless facility siting 

applications to unique, burdensome 

requirements, in violation of section 

253(a) of the Communications Act, 

which bars state and local laws that 

‘‘prohibit or have the effect of 

prohibiting the ability of any entity to 

provide any interstate or intrastate 

telecommunications service.’’ 2

Specifically, in its petition, CTIA asks 

the Commission to take four actions 

relating to the time frames in which 

zoning authorities must act on siting 

requests, their power to restrict 

competitive entry by multiple providers 

in a given area, and their ability to 

impose certain procedural requirements 

on wireless service providers. First, to 

eliminate an ambiguity that CTIA 

contends currently exists in section 

332(c)(7)(B)(v) of the Communications 

Act, CTIA asks the Commission to 

clarify the time period in which a state 

or local zoning authority will be deemed 

to have failed to act on a wireless 

facility siting application. CTIA states 

that ‘‘the Commission should issue a 

declaratory ruling explaining that (1) a 

failure to act on a wireless facility siting 

application only involving collocation 

occurs if there is no final action within 

45 days from submission of the request 

to the local zoning authority; and (2) a 

failure to act on any other wireless 

siting facility application occurs if there 

is no final action within 75 days from 

submission of the request to the local 

zoning authority.’’ 3 Second, citing the 

requirement in section 332(c)(7)(B)(ii) of 

the Communications Act that state and 

local governments act on wireless 

facility siting applications within a 

reasonable time, CTIA asks the 

Commission to implement procedural 

steps whereby, if a zoning authority fails 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 50973 

4 47 U.S.C. 332(c)(7)(B)(i)(II). 

5See 47 CFR 1.1200(a), 1.1206. 

6See Commission Emphasizes the Public’s 

Responsibilities in Permit-But-Disclose 

Proceedings, Public Notice, 15 FCC Rcd 19945 

(2000). 

7See 47 CFR 1.1206(b)(2). Other rules pertaining 

to oral and written presentations are also set forth 

in 1.1206(b). See 47 CFR 1.1206(b). 

to act within the above time frames, the 

application shall be ‘‘deemed granted.’’

Alternatively, CTIA asks the 

Commission to establish a presumption 

that entitles an applicant to a courtordered injunction granting the 

application unless the zoning authority 

can justify the delay. Third, CTIA asks 

the Commission to clarify that section 

332(c)(7)(B)(i)(II), which forbids state 

and local decisions that ‘‘prohibit or 

have the effect of prohibiting the 

provision of personal wireless 

services,’’ 4 bars zoning decisions that 

have the effect of preventing a specific 

provider from providing service to a 

location on the basis of another 

provider’s presence there. Finally, CTIA 

requests that the Commission preempt, 

under section 253 of the 

Communications Act, local ordinances 

and state laws that automatically require 

a wireless service provider to obtain a 

variance before siting facilities. 

Procedural Matters 

This proceeding has been designated 

as a ‘‘permit-but-disclose’’ proceeding in 

accordance with the Commission’s ex 

parte 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

Pursuant to §§ 1.415 and 1.419 of the 

Commission’s rules, 47 CFR 1.415 and 

1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. Comments may 

be filed using: (1) The Commission’s 

Electronic Comment Filing System 

(ECFS), (2) the Federal Government’s 

eRulemaking Portal, or (3) by filing 

paper copies. See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121 (May 1, 1998). 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http://www.fcc.gov/ 

cgb/ecfs/ or the Federal eRulemaking 

Portal: http://www.regulations.gov. 

Filers should follow the instructions 

provided on the Web site for submitting 

comments. 

• For ECFS filers, if multiple docket 

or rulemaking numbers appear in the 

caption of this proceeding, filers must 

transmit one electronic copy of the 

comments for each docket or 

rulemaking number referenced in the 

caption. In completing the transmittal 

screen, filers should include their full 

name, U.S. Postal Service mailing 

address, and the applicable docket or 

rulemaking number. Parties may also 

submit an electronic comment by 

Internet e-mail. To get filing 

instructions, filers should send an email to ecfs@fcc.gov, and include the 

following words in the body of the 

message, ‘‘get form.’’ A sample form and 

directions will be sent in response. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. If more than 

one docket or rulemaking number 

appears in the caption of this 

proceeding, filers must submit two 

additional copies for each additional 

docket or rulemaking number. 

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. 

• The Commission’s contractor will 

receive hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary at 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002. The filing hours 

at this location are 8 a.m. to 7 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, 

Express, and Priority mail must be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

People with Disabilities: 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). 

Parties shall send one copy of their 

comments and reply comments to Best 

Copy and Printing, Inc., Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20554, (800) 378–3160, 

e-mail FCC@BCPIWEB.com. Comments 

filed in response to this public notice 

will be available for public inspection 

and copying during business hours in 

the FCC Reference Information Center, 

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

CY–A257, Washington, DC 20554, and 

via the Commission’s Electronic 

Comment Filing System (ECFS) by 

entering the docket number, WT Docket 

No. 08–165. The comments may also be 

purchased from Best Copy and Printing, 

Inc., telephone (800) 378–3160, 

facsimile (202) 488–5563, or e-mail 

FCC@BCPIWEB.com. 

Federal Communications Commission. 

James D. Schlichting, 

Acting Chief, Wireless Telecommunications 

Bureau. 

[FR Doc. E8–20010 Filed 8–28–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL MARITIME COMMISSION 

[Docket No. 08–04] 

Tienshan, Inc. v. Tianjin Hua Feng 

Transport Agency Co., Ltd.; Notice of 

Filing of Complaint and Assignment 

Notice is given that a complaint has 

been filed with the Federal Maritime 

Commission (‘‘Commission’’) by 

Tienshan, Inc. Complainant asserts that 

it is a corporation organized and 

existing pursuant to the laws of the 

State of Delaware with its principal 

place of business at 231 Wilson Avenue, 

South Norwalk, Connecticut 06854. 

Complainant alleges that Respondent, 

Tianjin Hua Feng Transport Agency Co., 

Ltd., is a foreign corporation organized 

and operating pursuant the laws of the 

People’s Republic of China with its 

principal place of business at Rm. 1002, 

Bldg. A, International Commercial 

Trade Center, No. 59 Machang Road, 

Hexi District, Tianjin, China. 

Complainant also alleges that 

Respondent is operating as a bonded 

and tariffed foreign-based Non-VesselOperating Common Carrier under FMC 

No. 018117. 

Complainant asserts that, in April 

2008 it signed a sales contract for the 

purchase of stoneware from Henan 

Huatai Ceramic Technology Trading 

Co., Ltd. (‘‘Henan Huatai’’ or 

‘‘Shipper’’), located in Henan, China, 

and that the terms of sale were FOB 

Tianjin Port, China. Complainant avers 

that it purchased the stoneware in order 

to perform its contracts with Wal-Mart 

Stores, Inc. (‘‘Wal-Mart’’) and other U.S. 

retailers. Complainant maintains that it 

paid the full contract price to Henan 

Huatai, and consequently, title to the 

goods was transferred to Complainant. 

mstockstill on PROD1PC66 with NOTICES