Petition for Declaratory Ruling Filed by SunCom Wireless Operating Company, L.L.C. and Opposition and Cross-Petition for Declaratory Ruling Filed by Debra Edwards, 38926-38928 [05-13273]
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38926
Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Notices
For
additional information or copies of the
information collection(s), contact Cathy
Williams at (202) 418–2918 or via the
Internet at Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0407.
Title: Section 73.3598, Period of
Construction.
Form Number: Not applicable.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities; Not-for-profit
institutions.
Number of Respondents: 120.
Estimated Time per Response: 15
minutes–3 hours.
Frequency of Response:
Recordkeeping requirement; On
occasion reporting requirement.
Total Annual Burden: 240 hours.
Total Annual Cost: $18,000.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: When a permit is
subject to tolling construction is
encumbered due to an act of God, or
when a construction permit is the
subject of administrative or judicial
review, 47 CFR Section 73.3 598(c)
requires a permittee to notify the
Commission as promptly as possible
and, in any event, within 30 days, and
to provide supporting documentation.
All notifications must also be filed in
the station’s local public file. On March
17, 2005, the Commission released a
Second Order on Reconsideration and
Further Notice of Proposed Rulemaking
(FNPRM), the Matter of the Creation of
a Low Power Radio Service, MM Docket
No. 99–25, FCC 05–75. The Second
Order on Reconsideration established an
interim waiver policy to increase the
likelihood that permittees will complete
construction and commence operation.
Therefore, the Commission delegated to
the Media Bureau the authority to
consider requests for waivers of the
construction period as specified in 47
CFR Section 73.3598(a) even if the
requirements under the tolling rules are
not met. An Low Power FM (LPFM)
permittee may request a waiver and the
waiver may be granted if the permittee
demonstrates that construction of its
broadcast facilities cannot be completed
within the allotted 18 months for
reasons beyond its control, that the
permittee expects to be able to complete
construction within the additional 18
months that the construction extension
would provide, and that the public
interest would be served by the
extension.
OMB Control Number: 3060–0920.
Title: Application for Construction
Permit for a Low Power FM Broadcast
FOR FURTHER INFORMATION CONTACT:
VerDate jul<14>2003
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Station; Report and Order in MM Docket
No. 99–25 Creation of Low Power Radio
Service.
Form Number: FCC Form 318.
Type of Review: Revision of a
currently approved collection.
Respondents: Not-for-profit
institutions; State, local or tribal
government.
Number of Respondents: 16,422.
Estimated Time per Response: 15
minutes–12 hours.
Frequency of Response:
Recordkeeping requirement; On
occasion reporting requirement; Third
party disclosure requirement.
Total Annual Burden: 33,866 hours.
Total Annual Cost: $23,850.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: On March 17, 2005,
the FCC released a Second Order on
Reconsideration and Further Notice of
Proposed Rulemaking (FNPRM), In the
Matter of Creation of a Low Power Radio
Service, MM Docket No. 99–25, FCC 05–
75. The Second Order on
Reconsideration amended 47 CFR
73.870 and 73.871 to allow licensees
and permittees to file minor change
applications and minor amendments to
pending FCC Form 318 applications by
requesting authority for transmitter site
location of up to 5.6 kilometers for LP
100 facilities and up to 3.2 kilometers
for LP 10 facilities.
FCC Form 318 is required: (1) To
apply for a construction permit for a
new Low Power FM (LPFM) station; (2)
to make changes in the existing facilities
of such a station; or (3) to amend a
pending FCC Form 318 application. The
Commission authorizes the licensing of
two classes of Low Power FM (LPFM)
radio stations: a Low Power (LP) 100
Class which is used for stations
operating at 50–100 watts effective
radiated power at an antenna height
above average terrain (HAAT) of 30
meters; and a Low Power (LP) 10 Class
which is used for stations operating at
1–10 watts ERP and an antenna height
of 30 meters HAAT.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05–13036 Filed 7–5–05; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
[WT Docket No. 05–193; DA 05–1390]
Petition for Declaratory Ruling Filed by
SunCom Wireless Operating Company,
L.L.C. and Opposition and CrossPetition for Declaratory Ruling Filed by
Debra Edwards
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: This document seeks
comment on two petitions. The first is
a petition for declaratory ruling by
SunCom Wireless Operating Company,
L.L.C., f/k/a Triton PCS Operating
Company, L.L.C., that requests that the
Federal Communications Commission
declare that early termination fees
charged to commercial mobile radio
service (CMRS) customers are ‘‘rates
charged’’ under the Communications
Act. The second is an opposition to
petition for declaratory ruling and crosspetition for declaratory rulings filed by
Debra Edwards that opposes the
SunCom Petition and requests a
declaratory ruling that the state-law
claims concerning contractual early
termination fees do not amount to
regulation of cellular telephone service
rates proscribed by the Communications
Act.
DATES: Comments are due August 5,
2005, and Reply comments are due
August 25, 2005.
ADDRESSES: You may submit comments,
identified by WT Docket No. 05–193, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• 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:
Christina Clearwater, Spectrum &
Competition Policy Division, Wireless
Telecommunications Bureau, Federal
Communications Commission, 202–
418–1893.
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Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Notices
On May
18, 2005 the Wireless
Telecommunications Bureau released a
public notice establishing the comment
and reply comment dates associated
with a petition for declaratory ruling
filed by SunCom Wireless Operating
Company, L.L.C. and an opposition and
cross-petition for declaratory ruling
filed by Debra Edwards, seeking
determination of whether state law
claims regarding early termination fees
are subject to preemption under section
332(c)(3)(A) of the Communications Act.
SUPPLEMENTARY INFORMATION:
Background
On February 22, 2005, SunCom
Wireless Operating Company, L.L.C.,
f/k/a Triton PCS Operating Company,
L.L.C. (SunCom) filed a petition for a
declaratory ruling (SunCom Petition).
See Petition for Declaratory Ruling filed
by SunCom Operating Company L.L.C.,
WT Docket No. 05–193, on February 22,
2005. In its petition, SunCom requests
that the Federal Communications
Commission (Commission) declare that
early termination fees charged to
commercial mobile radio service
(CMRS) customers are ‘‘rates charged’’
under section 332(c)(3)(A) of the
Communications Act. This petition is
filed pursuant to a court order in
Edwards v. SunCom, a class action
lawsuit brought in South Carolina state
court that asserts certain state law
claims regarding contractual early
termination fees charged by SunCom.
SunCom filed the petition at the
direction of the court, which has stayed
the litigation pending final resolution of
the petition by the Commission. See
Supplemental Order Requiring
Defendant to File Petition for
Declaratory Ruling at the Federal
Communications Commission and
Staying Case until Such Ruling is Issued
dated January 18, 2005 (court order),
Edwards v. SunCom, State of South
Carolina, County of Horry, No. 02–CP–
26–3359 (Ct. of Com. Pleas. May 25,
2004) (Edwards v. SunCom).
On March 4, 2005, Debra Edwards
(Edwards), plaintiff in Edwards v.
SunCom, filed an Opposition to Petition
for Declaratory Ruling and CrossPetition for Declaratory Rulings
(Edwards Petition). See Opposition to
Petition for Declaratory Ruling and
Cross-Petition for Declaratory Rulings
filed by Debra Edwards, WT Docket No.
05–193, on March 4, 2005. In the
Edwards Petition, Edwards opposes the
SunCom Petition and requests a
declaratory ruling that the state-law
claims concerning contractual early
termination fees asserted in Edwards v.
SunCom do not amount to regulation of
cellular telephone service rates
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16:35 Jul 05, 2005
Jkt 205001
proscribed by section 332(c)(3)(A) of the
Communications Act. The SunCom and
Edwards Petitions raise important
issues, and in the Public Notice, the
Wireless Telecommunications Bureau
seeks comment on these petitions. The
Wireless Telecommunications Bureau
notes that it is contemporaneously
releasing a separate public notice
seeking comment on another petition for
declaratory ruling that raises
preemption-related issues regarding
early termination fees. See Wireless
Telecommunications Bureau Seeks
Comment on Petition for Declaratory
Ruling Filed by CTIA Regarding
Whether Early Termination Fees Are
‘‘Rates’’ Within 47 U.S.C. 332(c)(3)(A),
Public Notice, WT Docket No. 05–194,
DA 05–1389 (rel. May 18, 2005).
Electronic Access and Filing
Pursuant to §§ 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments in this proceeding on or
before August 5, 2005, and reply
comments may be filed on or before
August 25, 2005. When filing
comments, please reference WT Docket
No. 05–193. Comments may be filed
using the Commission’s Electronic
Comment Filing System (ECFS) or by
filing paper copies. See Electronic Filing
of Documents in Rulemaking
Proceedings, 63 FR 24121 (May 1, 1998).
Comments filed through the ECFS can
be sent as an electronic file via the
Internet to https://www.fcc.gov/e-file/
ecfs.html. Generally, only one copy of
an electronic submission must be filed.
In completing the transmittal screen,
commenters 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
for e-mail comments, commenters
should send e-mail to ecfs@fcc.gov, and
should include the following words in
the body of the message, ‘‘get form
<your e-mail address>.’’ A sample form
and directions will be sent in reply.
Parties who choose to file by paper
must send an original and four (4)
copies of each filing. All filings must be
addressed to the Commission’s
Secretary, Marlene H. Dortch, Office of
the Secretary, Federal Communications
Commission, 445 12th Street, SW.,
Room TW–B204, Washington, DC
20554.
Filings can be sent by hand or
messenger delivery, by electronic
media, 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.
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38927
Postal Service mail). The Commission’s
contractor, Natek, Inc., will receive
hand-delivered or messenger-delivered
paper filings or electronic media 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 and
electronic media sent by 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 mail, Express Mail, and
Priority Mail should be addressed to 445
12th Street, SW., Washington, DC
20554.
This proceeding shall be treated as a
‘‘permit but disclose’’ proceeding in
accordance with the Commission’s ex
parte rules, 47 CFR 1.1200. Persons
making oral ex parte presentations are
reminded that memoranda summarizing
the presentations must contain
summaries of the substance of the
presentations and not merely a listing of
the subjects discussed. More than a one
or two sentence description of the views
and arguments presented is generally
required. See 47 CFR 1.1206(b). Other
rules pertaining to oral and written ex
parte presentations in permit-butdisclose proceedings are set forth in
§ 1.1206(b) of the Commission’s rules,
47 CFR 1.1206(b).
The full text of the petitions and
copies of any subsequently filed
documents in this matter will be
available for public inspection and
copying during regular business hours
at the FCC Reference Information
Center, Portals II, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554,
(202) 418–0270. This document may be
purchased from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc., Portals II, 445 12th Street,
SW., Room CY–B402, Washington, DC
20554. Customers may contact BCPI,
Inc. at their Web site: https://
www.bcpiweb.com or by calling 1–800–
378–3160.
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) or (202) 418–0432
(TTY).
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38928
Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Notices
Federal Communications Commission.
Catherine Seidel,
Acting Chief, Wireless Telecommunications
Bureau.
[FR Doc. 05–13273 Filed 7–5–05; 8:45 am]
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05–13031 Filed 7–5–05; 8:45 am]
BILLING CODE 6712–01–P
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
FEDERAL COMMUNICATIONS
COMMISSION
[WT Docket No. 05–194; DA 05–1389]
Technological Advisory Council
Petition for Declaratory Ruling Filed by
CTIA
Federal Communications
Commission.
ACTION: Notice of public meeting.
AGENCY:
SUMMARY: In accordance with the
Federal Advisory Committee Act, this
notice advises interested persons of the
second meeting of the Technological
Advisory Council (‘‘Council’’) under its
charter renewed as of November 19,
2004.
July 28, 2005 at 10 a.m. to 3 p.m.
Federal Communications
Commission, 445 12th Street, SW.,
Commission Meeting Room (TW–C305),
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Jeffery Goldthorp, (202) 418–1096
(voice), (202) 418–2989 (TTY), or email:
Jeffery.Goldthorp@fcc.gov.
SUPPLEMENTARY INFORMATION: Increasing
innovation and rapid advances in
technology have accelerated changes in
the ways that telecommunications
services are provided to, and accessed
by, users of communications services.
The Federal Communications
Commission must remain abreast of new
developments in technologies and
related communications to fulfill its
responsibilities under the
Communications Act. At this second
meeting under the Council’s new
charter, the Council will consider
various topics related to advanced
wireless technologies.
The Federal Communications
Commission will attempt to
accommodate as many persons as
possible. Admittance, however, will be
limited to the seating available. Unless
so requested by the Council’s Chair,
there will be no public oral
participation, but the public may submit
written comments to Jeffery Goldthorp,
the Federal Communications
Commission’s Designated Federal
Officer for the Technological Advisory
Council, before the meeting. Mr.
Goldthorp’s e-mail address is
Jeffery.Goldthorp@fcc.gov. Mail delivery
address is: Federal Communications
Commission, 445 12th Street, SW.,
Room 7–A325, Washington, DC 20554.
DATES:
ADDRESSES:
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16:35 Jul 05, 2005
Jkt 205001
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: This document seeks
comment on a petition for expedited
declaratory rulemaking filed by the
Cellular Telecommunications & Internet
Association, seeking a declaratory ruling
that early termination fees in wireless
carriers’ service contracts are ‘‘rates
charged’’ for CMRS within the meaning
of the Communications Act.
DATES: Submit comment on or before
August 5, 2005, and reply comment on
or before August 25, 2005.
ADDRESSES: You may submit comments,
identified by WT Docket No. 05–194, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• 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:
Christina Clearwater, Spectrum &
Competition Policy Division, Wireless
Telecommunications Bureau, Federal
Communications Commission, 202–
418–1893.
SUPPLEMENTARY INFORMATION:
Background
On March 15, 2005, the Cellular
Telecommunications & Internet
Association (CTIA) filed a Petition for
Expedited Declaratory Ruling (CTIA
Petition), seeking a declaratory ruling by
the Commission that early termination
fees in wireless carriers’ service
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Fmt 4703
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contracts are ‘‘rates charged’’ for CMRS
within the meaning of section
332(c)(3)(A) of the Communications Act
and Commission precedent. See Petition
of the Cellular Telecommunications &
Internet Association for an Expedited
Declaratory Ruling, WT Docket No. 194,
filed March 15, 2005.
CTIA also seeks a declaration from the
Commission that any application of
state law by a court or other tribunal to
invalidate, modify, or condition the use
or enforcement of early termination fees
based, in whole or in part, upon an
assessment of reasonableness, fairness,
or cost-basis of the early termination fee,
or to prohibit the use of early
termination fees as unlawful liquidated
damages or penalties, constitutes
prohibited rate regulation preempted by
section 332(c)(3)(A) of the
Communications Act. The CTIA Petition
raises important issues, and in the
Public Notice, the Wireless
Telecommunications Bureau seeks
comment on the Petition. The Wireless
Telecommunications Bureau notes that
it is contemporaneously releasing a
separate public notice seeking comment
on earlier-filed petitions for declaratory
ruling that raise preemption-related
issues regarding early termination fees.
See Wireless Telecommunications
Bureau Seeks Comment on Petition for
Declaratory Ruling Filed by Suncom,
and Opposition and Cross-Petition for
Declaratory Ruling Filed by Debra
Edwards, Seeking Determination of
Whether State Law Claims Regarding
Early Termination Fees Are Subject to
Preemption Under 47 U.S.C. Section
332(c)(3)(A), Public Notice, WT Docket
No. 05–193, DA 05–1390 (rel. May 18,
2005).
Electronic Access and Filing
Pursuant to §§ 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments in this proceeding on or
before August 5, 2005, and reply
comments may be filed on or before
August 25, 2005. When filing
comments, please reference WT Docket
No. 05–194. Comments may be filed
using the Commission’s Electronic
Comment Filing System (ECFS) or by
filing paper copies. See Electronic Filing
of Documents in Rulemaking
Proceedings, 63 FR 24121 (May 1, 1998).
Comments filed through the ECFS can
be sent as an electronic file via the
Internet to https://www.fcc.gov/e-file/
ecfs.html. Generally, only one copy of
an electronic submission must be filed.
In completing the transmittal screen,
commenters should include their full
name, U.S. Postal Service mailing
address, and the applicable docket or
E:\FR\FM\06JYN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Notices]
[Pages 38926-38928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13273]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[WT Docket No. 05-193; DA 05-1390]
Petition for Declaratory Ruling Filed by SunCom Wireless
Operating Company, L.L.C. and Opposition and Cross-Petition for
Declaratory Ruling Filed by Debra Edwards
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This document seeks comment on two petitions. The first is a
petition for declaratory ruling by SunCom Wireless Operating Company,
L.L.C., f/k/a Triton PCS Operating Company, L.L.C., that requests that
the Federal Communications Commission declare that early termination
fees charged to commercial mobile radio service (CMRS) customers are
``rates charged'' under the Communications Act. The second is an
opposition to petition for declaratory ruling and cross-petition for
declaratory rulings filed by Debra Edwards that opposes the SunCom
Petition and requests a declaratory ruling that the state-law claims
concerning contractual early termination fees do not amount to
regulation of cellular telephone service rates proscribed by the
Communications Act.
DATES: Comments are due August 5, 2005, and Reply comments are due
August 25, 2005.
ADDRESSES: You may submit comments, identified by WT Docket No. 05-193,
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
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: Christina Clearwater, Spectrum &
Competition Policy Division, Wireless Telecommunications Bureau,
Federal Communications Commission, 202-418-1893.
[[Page 38927]]
SUPPLEMENTARY INFORMATION: On May 18, 2005 the Wireless
Telecommunications Bureau released a public notice establishing the
comment and reply comment dates associated with a petition for
declaratory ruling filed by SunCom Wireless Operating Company, L.L.C.
and an opposition and cross-petition for declaratory ruling filed by
Debra Edwards, seeking determination of whether state law claims
regarding early termination fees are subject to preemption under
section 332(c)(3)(A) of the Communications Act.
Background
On February 22, 2005, SunCom Wireless Operating Company, L.L.C., f/
k/a Triton PCS Operating Company, L.L.C. (SunCom) filed a petition for
a declaratory ruling (SunCom Petition). See Petition for Declaratory
Ruling filed by SunCom Operating Company L.L.C., WT Docket No. 05-193,
on February 22, 2005. In its petition, SunCom requests that the Federal
Communications Commission (Commission) declare that early termination
fees charged to commercial mobile radio service (CMRS) customers are
``rates charged'' under section 332(c)(3)(A) of the Communications Act.
This petition is filed pursuant to a court order in Edwards v. SunCom,
a class action lawsuit brought in South Carolina state court that
asserts certain state law claims regarding contractual early
termination fees charged by SunCom. SunCom filed the petition at the
direction of the court, which has stayed the litigation pending final
resolution of the petition by the Commission. See Supplemental Order
Requiring Defendant to File Petition for Declaratory Ruling at the
Federal Communications Commission and Staying Case until Such Ruling is
Issued dated January 18, 2005 (court order), Edwards v. SunCom, State
of South Carolina, County of Horry, No. 02-CP-26-3359 (Ct. of Com.
Pleas. May 25, 2004) (Edwards v. SunCom).
On March 4, 2005, Debra Edwards (Edwards), plaintiff in Edwards v.
SunCom, filed an Opposition to Petition for Declaratory Ruling and
Cross-Petition for Declaratory Rulings (Edwards Petition). See
Opposition to Petition for Declaratory Ruling and Cross-Petition for
Declaratory Rulings filed by Debra Edwards, WT Docket No. 05-193, on
March 4, 2005. In the Edwards Petition, Edwards opposes the SunCom
Petition and requests a declaratory ruling that the state-law claims
concerning contractual early termination fees asserted in Edwards v.
SunCom do not amount to regulation of cellular telephone service rates
proscribed by section 332(c)(3)(A) of the Communications Act. The
SunCom and Edwards Petitions raise important issues, and in the Public
Notice, the Wireless Telecommunications Bureau seeks comment on these
petitions. The Wireless Telecommunications Bureau notes that it is
contemporaneously releasing a separate public notice seeking comment on
another petition for declaratory ruling that raises preemption-related
issues regarding early termination fees. See Wireless
Telecommunications Bureau Seeks Comment on Petition for Declaratory
Ruling Filed by CTIA Regarding Whether Early Termination Fees Are
``Rates'' Within 47 U.S.C. 332(c)(3)(A), Public Notice, WT Docket No.
05-194, DA 05-1389 (rel. May 18, 2005).
Electronic Access and Filing
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments in this
proceeding on or before August 5, 2005, and reply comments may be filed
on or before August 25, 2005. When filing comments, please reference WT
Docket No. 05-193. Comments may be filed using the Commission's
Electronic Comment Filing System (ECFS) or by filing paper copies. See
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121
(May 1, 1998). Comments filed through the ECFS can be sent as an
electronic file via the Internet to https://www.fcc.gov/e-file/
ecfs.html. Generally, only one copy of an electronic submission must be
filed. In completing the transmittal screen, commenters 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 for
e-mail comments, commenters should send e-mail to ecfs@fcc.gov, and
should include the following words in the body of the message, ``get
form .'' A sample form and directions will be sent
in reply.
Parties who choose to file by paper must send an original and four
(4) copies of each filing. All filings must be addressed to the
Commission's Secretary, Marlene H. Dortch, Office of the Secretary,
Federal Communications Commission, 445 12th Street, SW., Room TW-B204,
Washington, DC 20554.
Filings can be sent by hand or messenger delivery, by electronic
media, 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). The Commission's contractor,
Natek, Inc., will receive hand-delivered or messenger-delivered paper
filings or electronic media 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 and electronic
media sent by 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 mail,
Express Mail, and Priority Mail should be addressed to 445 12th Street,
SW., Washington, DC 20554.
This proceeding shall be treated as a ``permit but disclose''
proceeding in accordance with the Commission's ex parte rules, 47 CFR
1.1200. Persons making oral ex parte presentations are reminded that
memoranda summarizing the presentations must contain summaries of the
substance of the presentations and not merely a listing of the subjects
discussed. More than a one or two sentence description of the views and
arguments presented is generally required. See 47 CFR 1.1206(b). Other
rules pertaining to oral and written ex parte presentations in permit-
but-disclose proceedings are set forth in Sec. 1.1206(b) of the
Commission's rules, 47 CFR 1.1206(b).
The full text of the petitions and copies of any subsequently filed
documents in this matter will be available for public inspection and
copying during regular business hours at the FCC Reference Information
Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC
20554, (202) 418-0270. This document may be purchased from the
Commission's duplicating contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554.
Customers may contact BCPI, Inc. at their Web site: https://
www.bcpiweb.com or by calling 1-800-378-3160.
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) or (202) 418-0432 (TTY).
[[Page 38928]]
Federal Communications Commission.
Catherine Seidel,
Acting Chief, Wireless Telecommunications Bureau.
[FR Doc. 05-13273 Filed 7-5-05; 8:45 am]
BILLING CODE 6712-01-P
