[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Notices]
[Pages 54805-54807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22311]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 08-2070; WT Docket No. 08-165]


Wireless Telecommunications Bureau Grants Extension of Time To 
File Comments on CTIA's Petition for Declaratory Ruling Regarding 
Wireless Facilities Siting

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) finds that a short period of additional time will permit 
all interested parties to file more thorough and thoughtful comments on 
a July 11, 2008 petition for Declaratory Ruling (Petition) filed by 
CTIA--The Wireless Association (CTIA). In its Petition, CTIA asked the 
Commission to clarify the provisions of section 332(c)(7)(B)(v) of the 
Communications Act, as amended, that CTIA contends are ambiguous and 
that have been unreasonably interpreted. CTIA further requested that 
the Commission preempt local ordinances and state laws that it believes 
violate section 253(a) of the Communications Act, as amended. The 
Commission states that an extension of time for comments and reply 
comments should lead to a more complete and better-informed record, and 
thus, it finds that good cause exists to provide all parties an 
extension of time for filing comments and reply comments on the 
Petition.

DATES: Interested parties may file comments on or before September 29, 
2008, and reply comments on or before October 14, 2008.

ADDRESSES: You may submit comments, identified by WT Docket No. 08-165, 
by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
    <bullet> 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.
    <bullet> People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: <a href="/cdn-cgi/l/email-protection#367075750306027650555518515940"><span class="__cf_email__" data-cfemail="7c3a3f3f494c483c1a1f1f521b130a">[email protected]</span></a> 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 <a href="/cdn-cgi/l/email-protection#94d9fdf7fcf5f1f8bac6fbe3f5fad4f2f7f7baf3fbe2"><span class="__cf_email__" data-cfemail="4904202a21282c25671b263e2827092f2a2a672e263f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's public 
notice released on September 10, 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 <a href="/cdn-cgi/l/email-protection#1056535350525340594755523e737f7d"><span class="__cf_email__" data-cfemail="14525757545657445d4351563a777b79">[email protected]</span></a>. 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 filed its Petition requesting that the 
Commission issue a Declaratory Ruling clarifying provisions of the 
Communications Act

[[Page 54806]]

of 1934, as amended (Communications Act) regarding state and local 
review of wireless facility siting applications.\1\ Specifically, CTIA 
asks the Commission to ``resolve open questions regarding the time 
frames in which zoning authorities must act on siting requests, the 
importance of competitive entry by multiple providers in each market, 
and the impropriety of unduly burdensome requirements imposed on 
wireless providers but not on other entities.'' \2\ On August 14, 2008, 
the Commission established a pleading cycle for comments on the CTIA 
Petition.\3\ The current deadline for comments is September 15, 2008, 
and the current deadline for reply comments is September 29, 2008.
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    \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\ Id. at ii.
    \3\ See 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, 
Public Notice, 23 FCC Rcd 12198 (2008).
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    On August 22, 2008, Montgomery County, Maryland (Montgomery County) 
filed a Motion for Extension of Time. On August 25, 2008, the National 
Association of Telecommunications Officers and Advisors (NATOA), the 
National Association of Counties, the National League of Cities, and 
the United States Conference of Mayors (collectively Associations) 
filed a motion to extend the time for filing comments and reply 
comments. On August 26, 2008, the Greater Metro Telecommunications 
Consortium and Rainier Communications Commission filed an amended 
motion to extend the time for filing comments and reply comments. Each 
of the motions requests a comment period of 90 days and a reply comment 
period of 45 days. On August 26, 2008, CTIA filed an Opposition to 
Motions for Extension of Time that addresses these three motions. On 
August 29, 2008, Montgomery County, Maryland filed a Reply to CTIA's 
opposition to the motions for extension of time. On September 8, 2008, 
the cities of Bar Harbor Islands, Cutler Bay, Hollywood, Homestead, 
Miramar, Sunrise, and Weston (collectively Florida Cities) filed a 
Motion for Extension of Time seeking an additional 30 days to file 
their comments. Also on September 8, 2008, the Airports Council 
International-North America (ACI-NA) filed a motion to extend the time 
for filing comments and reply comments by 30 days and 15 days, 
respectively.
    In support of their motions, Montgomery County and the Associations 
note that NATOA's annual conference takes place immediately after 
initial comments are due, and that many attendees are involved in the 
processes that the petition addresses. In addition, the Associations 
explain that the current deadline does not allow enough time for them 
to complete an analysis and provide comments on the complex legal and 
factual issues raised by CTIA's Petition. The Associations also 
indicate that they need additional time to identify local governments 
that the Petition alleges to have engaged in certain conduct and to 
address those allegations. Montgomery County further states that given 
that the petition rests on factual assertions, and that the petition 
seeks to change how sections 332 and 253 of the Communications Act \4\ 
have been applied for the last twelve years, it is important to allow 
sufficient time for local governments to provide reasonable responses. 
Florida Cities ask for an extension of time to file their comments due 
to the effects that Hurricane Ike is likely to have on them. ACI-NA 
also contends that granting an extension will not harm or otherwise 
prejudice the Commission or any interested party. In its Opposition, 
CTIA asserts that the comment dates provide adequate time for parties, 
and that the motions do not provide an adequate rationale for an 
extension.
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    \4\ 47 U.S.C. 332, 253.
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    The Commission notes its policy that extensions of time shall not 
be routinely granted. The Commission finds that the moving parties have 
not established good cause for the full extensions that they request, 
but it states that a short period of additional time will permit all 
interested parties to file more thorough and thoughtful comments, which 
should lead to a more complete and better-informed record. The 
Commission thus finds that good cause exists to provide all parties an 
extension of time from September 15, 2008 to September 29, 2008 for 
filing comments in this proceeding and from September 30, 2008 to 
October 14, 2008 for filing reply comments in this proceeding.
    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\
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    \5\ See 47 CFR 1.1200(a), 1.1206.
    \6\ See Commission Emphasizes the Public's Responsibilities in 
Permit-But-Disclose Proceedings, Public Notice, 15 FCC Rcd 19945 
(2000).
    \7\ See 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).
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    Pursuant to Sec. Sec.  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).
    <bullet> 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.
    <bullet> 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 e-mail to <a href="/cdn-cgi/l/email-protection#4b2e282d380b2d2828652c243d"><span class="__cf_email__" data-cfemail="e085838693a0868383ce878f96">[email protected]</span></a>, and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
    <bullet> 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.

[[Page 54807]]

    <bullet> 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, 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.
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="7f191c1c4a4f4b3f191c1c51181009">[email protected]</a> 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 <a href="/cdn-cgi/l/email-protection#397f7a7a797b7a69706e7c7b175a5654"><span class="__cf_email__" data-cfemail="2f696c6c6f6d6c7f66786a6d014c4042">[email protected]</span></a>. 
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 
<a href="/cdn-cgi/l/email-protection#a8eeebebe8eaebf8e1ffedea86cbc7c5"><span class="__cf_email__" data-cfemail="13555050535150435a4456513d707c7e">[email protected]</span></a>.

Federal Communications Commission.
James D. Schlichting,
Acting Chief, Wireless Telecommunications Bureau.
[FR Doc. E8-22311 Filed 9-22-08; 8:45 am]
BILLING CODE 6712-01-P


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