[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Pages 4036-4037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1254]


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FEDERAL COMMUNICATIONS COMMISSION

[RM No. 11510; DA 09-5]


Wireless Telecommunications Bureau Seeks Comment on Petition for 
Rulemaking To Transition Part 22 Cellular Services to Geographic 
Market-Area Licensing

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Federal Communications Commission 
(``Commission'') seeks comment on a Petition for Rulemaking 
(``Petition'') filed by CTIA--The Wireless Association (``CTIA'') on 
October 8, 2008, seeking to transition certain cellular licensing rules 
to a geographic market area-based license system.

DATES: Interested parties may file comments on or before February 23, 
2009, and reply comments on or before March 9, 2009.

ADDRESSES: You may submit comments, identified by RM No. 11510, 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#c3858080f6f3f783a5a0a0eda4acb5"><span class="__cf_email__" data-cfemail="f5b3b6b6c0c5c1b5939696db929a83">[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: Joyce Jones, Mobility Division, 
Wireless Telecommunications Bureau, at (202) 418-1327 or by e-mail to 
<a href="/cdn-cgi/l/email-protection#412b2e3822246f2b2e2f2432012722226f262e37"><span class="__cf_email__" data-cfemail="a2c8cddbc1c78cc8cdccc7d1e2c4c1c18cc5cdd4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice in RM No. 11510, DA 09-5, released on January 5, 2009. 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#3a7c79797a78796a736d7f7814595557"><span class="__cf_email__" data-cfemail="a6e0e5e5e6e4e5f6eff1e3e488c5c9cb">[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 Commission's Web site at http://www.fcc.gov.
    1. On October 8, 2008, CTIA filed a Petition for Rulemaking, 
seeking to transition part 22 cellular licensing to a geographic market 
area-based license system.\1\ To effectuate this transition, CTIA 
proposes that the Commission re-issue all cellular licenses to 
``incumbents'' on a Cellular Market Area (``CMA'') basis in place of 
their existing Cellular Geographic Service Area licenses, subject to 
two carve outs. First, cellular licensees in a CMA providing service 
using unserved area licenses would consult with the CMA license holder 
``to determine each license's service area boundaries following the 
transition to digital service.'' Second ``incumbent'' cellular 
licensees providing service beyond the boundaries of their CMAs ``would 
consult with the CMA licensee of the affected market to establish 
service area boundaries'' and the ``incumbent's'' license would be 
modified to reflect these boundaries. In either instance, if the 
parties cannot reach agreement, CTIA proposes that the matter be 
referred to the Commission for adjudication. The Commission seeks 
comment on CTIA's Petition.
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    \1\ Cellular markets initially licensed more than five years ago 
are subject to the Commission's Unserved Area licensing rules, which 
require prior approval for new cellular systems, and expansions of 
existing systems, on a cell site-by-cell site basis. See 47 CFR 
22.949 and 22.953.
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    2. 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 (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 website 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#5c393f3a2f1c3a3f3f723b332a"><span class="__cf_email__" data-cfemail="87e2e4e1f4c7e1e4e4a9e0e8f1">[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

[[Page 4037]]

mail). All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
    <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.
    <bullet> 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="ccaaafaff9fcf88caaafafe2aba3ba">[email protected]</a> or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty).
    Parties should also send a copy of their filings to Joyce Jones, 
Mobility Division, Wireless Telecommunications Bureau, Federal 
Communications Commission, Room 6413, 445 12th Street, SW., Washington, 
DC 20554, or by e-mail to <a href="/cdn-cgi/l/email-protection#3e5451475d5b105451505b4d7e585d5d10595148"><span class="__cf_email__" data-cfemail="a4cecbddc7c18acecbcac1d7e4c2c7c78ac3cbd2">[email protected]</span></a>. Parties must also serve 
one copy with the Commission's copy contractor, Best Copy and Printing, 
Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, (202) 488-5300, or via e-mail to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="c6a0a5a586a4a5b6afb1a3a4e8a5a9ab">[email protected]</a>.

Federal Communications Commission.
Roger S. Noel,
Chief, Mobility Division/Wireless Telecommunications Bureau.
[FR Doc. E9-1254 Filed 1-21-09; 8:45 am]
BILLING CODE 6712-01-P


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