Petitions for Reconsideration of Action in Rulemaking Proceeding, 74016-74017 [05-23864]

Download as PDF 74016 Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Notices Telephone Consumer Protection Act of 1991 (‘‘TCPA’’). Telephone Consumer Protection Act of 1991, Public Law 102– 243, 105 Statute 2394 (1991), codified at 47 U.S.C. 227. In particular, the Coalition asks the Commission to: (1) Affirm that, under its general grant of exclusive authority to regulate interstate communications, the Commission has exclusive authority to regulate interstate commercial fax messages; and (2) find that section 17538.43 of the California Business and Professions Code, and all other State laws that purport to regulate interstate facsimile transmissions, are preempted by the federal TCPA, 47 U.S.C. 227. In this document, the Commission seeks comment on the issues raised in the Coalition’s joint petition. The Coalition asserts that States lack jurisdiction to regulate interstate fax communications. According to the Coalition, Congress granted exclusive jurisdiction to the Commission over ‘‘all interstate and foreign communication’’ under the Communications Act of 1934. The Coalition argues that exclusive federal regulation of interstate commercial fax transmissions is consistent with congressional intent, 47 U.S.C. 227(e)(1), and with prior Commission decisions. In addition, the Coalition contends that individual states’ attempts to regulate interstate communication have resulted in varying fax regulation that is not only inconsistent with Congressional intent and the optimal goals of the TCPA, but extremely burdensome to the individuals, companies and other organizations that rely heavily on fax technology to conduct business. Accordingly, the Coalition maintains the Commission should preempt all State laws purporting to regulate interstate fax transmissions and assert exclusive jurisdiction over such regulation. In addition, the Coalition argues that on October 7, 2005, California enacted a law that conflicts with the fax requirements of the TCPA. The Coalition contends that California’s new law contains the text of section 227 of the Communications Act, without the Junk Fax Prevention Act of 2005 (‘‘JFPA’’) amendments, and applies that language to any person sending faxes into or out of the state. Consequently, the Coalition maintains that the California law effectively eliminates the established business relationship (‘‘EBR’’) exception to the prohibition on unsolicited faxes in the JFPA. The Coalition urges the Commission to declare that the Commission has exclusive jurisdiction to regulate VerDate Aug<31>2005 15:29 Dec 13, 2005 Jkt 208001 interstate commercial fax messages and all State efforts to do so are preempted. Federal Communications Commission. Jay Keithley, Deputy Bureau Chief, Consumer & Governmental Affairs Bureau. [FR Doc. 05–23856 Filed 12–13–05; 8:45 am] BILLING CODE 6712–01–P 92–463, as amended, this notice advises interested persons of the eighth meeting of the WRC–07 Advisory Committee. The WRC–07 Advisory Committee has an open membership. All interested parties are invited to participate in the Advisory Committee and to attend its meetings. The proposed agenda for the eighth meeting is as follows: Agenda FEDERAL COMMUNICATIONS COMMISSION [DA 05–3140] Rescheduling of the Eighth Meeting of the Advisory Committee for the 2007 World Radiocommunication Conference (WRC–07 Advisory Committee) Federal Communications Commission. ACTION: Notice. AGENCY: SUMMARY: In accordance with the Federal Advisory Committee Act, this notice advises interested persons that the eighth meeting of the WRC–07 Advisory Committee originally scheduled for December 9, 2005 (FR Vol. 70, No. 201, Wednesday, October 19, 2005, Notices) has been rescheduled and will now be held on January 25, 2006, at the Federal Communications Commission. The purpose of the meeting is to continue preparations for the 2007 World Radiocommunication Conference. The Advisory Committee will consider any preliminary views and draft proposals introduced by the Advisory Committee’s Informal Working Groups. DATES: January 25, 2006; 11 a.m.–12 noon. Federal Communications Commission, 445 12th Street, SW., Room TW–C305, Washington, DC 20554. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Alexander Roytblat, FCC International Bureau, Strategic Analysis and Negotiations Division, at (202) 418– 7501. This is a summary of the Commission’s Public Notice, IB Docket No. 04–286, DA 05– 3140, released December 5, 2005. The Federal Communications Commission (FCC) established the WRC–07 Advisory Committee to provide advice, technical support and recommendations relating to the preparation of United States proposals and positions for the 2007 World Radiocommunication Conference (WRC–07). In accordance with the Federal Advisory Committee Act, Public Law SUPPLEMENTARY INFORMATION: PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 Eighth Meeting of the WRC–07 Advisory Committee, Federal Communications Commission, 445 12th Street, SW., Room TW–C305, Washington, DC 20554; January 25, 2006; 11 a.m.–12 Noon 1. Opening Remarks 2. Approval of Agenda 3. Approval of the Minutes of the Seventh Meeting 4. Reports on Recent WRC–07 Preparatory Meetings 5. NTIA Draft Preliminary Views and Proposals 6. Informal Working Group Reports and Recommendations 7. Future Meetings 8. Other Business Federal Communications Commission. Don Abelson, Chief, International Bureau. [FR Doc. 05–23857 Filed 12–13–05; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [Report No. 2745] Petitions for Reconsideration of Action in Rulemaking Proceeding December 1, 2005. Petitions for Reconsideration have been filed in the Commission’s Rulemaking proceeding listed in this Public Notice and published pursuant to 47 CFR 1.429(e). The full text of 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 December 29, 2005. See § 1.4(b)(1) of the Commission’s rules (47 CFR 1.4(b)(1)). Replies to an opposition must be filed within 10 days after the time for filing oppositions have expired. Subject: In the Matters of Appropriate Framework for Broadband Access to the Internet over Wireline Facilities (CC Docket No. 02–33). Universal Service Obligations of Broadband Providers (CC Docket No. 02–33). E:\FR\FM\14DEN1.SGM 14DEN1 Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Notices Review of Regulatory Requirements for Incumbent LEC Broadband Telecommunications Services (CC Docket No. 01–337). Computer III Further Remand Proceedings; Bell Operating Company Provision of Enhanced Services; 1998 Biennial Regulatory Review—Review of Computer III and ONA Safeguards and Requirements (CC Docket Nos. 95–20, 98–10). Conditional Petition of the Verizon Telephone Companies for Forbearance under 47 U.S.C. 160(c) with Regard to Broadband Services Provided Via Fiber to the Premises; Petition of the Verizon Telephone Companies for Declaratory Ruling or, Alternatively, for Interim Waiver with Regard to Broadband Services Provided Via Fiber to the Premises (WC Docket No. 04–242). Consumer Protection in the Broadband Era (WC Docket No. 05–271). Number of Petitions Filed: 2. Marlene H. Dortch, Secretary. [FR Doc. 05–23864 Filed 12–13–05; 8:45 am] BILLING CODE 6712–01–P FEDERAL MARITIME COMMISSION Parties: A.P. Moller-Maersk A/S; P&O Nedlloyd Limited; and Hapag-Lloyd Container Linie GmbH. Filing Party: Wayne R. Rohde, Esq.; Sher & Blackwell; 1850 M Street, NW., Suite 900; Washington, DC 20036. Synopsis: The amendment removes Hapag-Lloyd as a party to the agreement. Agreement No.: 011637–012. Title: AMPAC Cooperative Working Agreement. Parties: Hamburg-Sd and Compania Chilena de Navegacion Interoceanica, S.A. Filing Party: Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street NW., Suite 900; Washington, DC 20036. Synopsis: The amendment deletes the Far East from the geographic scope, reduces the number and size of vessels deployed under the agreement, establishes a new minimum duration for the revised agreement, makes various corresponding and technical changes, and restates the agreement. By order of the Federal Maritime Commission. Dated: December 9, 2005. Bryant L. VanBrakle, Secretary. [FR Doc. E5–7340 Filed 12–13–05; 8:45 am] 74017 standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/nic/. Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than January 9, 2006. A. Federal Reserve Bank of Chicago (Patrick M. Wilder, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: 1. FBOP Corporation, Oak Park, Illinois; to acquire 28.26 percent of the voting shares of Community Bank of Lemont, Lemont, Illinois. Board of Governors of the Federal Reserve System, December 9. 2005. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E5–7334 Filed 12–13–05; 8:45 am] BILLING CODE 6210–01–S FEDERAL RESERVE SYSTEM BILLING CODE 6730–01–P Notice of Agreements Filed The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on an agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the Federal Register. Copies of agreements are available through the Commission’s Office of Agreements (202–523–5793 or tradeanalysis@fmc.gov). Agreement No.: 009857–010. Title: Florida-Caribbean Cruise Association. Parties: Carnival Cruise Lines; Celebrity Cruises; Costa Cruise Lines; Cunard Line; Disney Cruise Line; Holland America Line; MSC Cruises (USA) Inc.; Norwegian Cruise Line; Princess Cruises; Radisson Seven Seas Cruises; Royal Caribbean International; and Windstar Cruises. Filing Party: Matthew Thomas, Esq.; Troutman Sanders LLP; 401 9th Street NW., Suite 1000; Washington, DC 20004–2134. Synopsis: The amendment removes Topaz International Cruises as a party to the agreement. Agreement No.: 011587–013. Title: United States South Europe Conference. VerDate Aug<31>2005 15:29 Dec 13, 2005 Jkt 208001 FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/nic/. E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

[Federal Register Volume 70, Number 239 (Wednesday, December 14, 2005)]
[Notices]
[Pages 74016-74017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23864]


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FEDERAL COMMUNICATIONS COMMISSION

[Report No. 2745]


Petitions for Reconsideration of Action in Rulemaking Proceeding

December 1, 2005.
    Petitions for Reconsideration have been filed in the Commission's 
Rulemaking proceeding listed in this Public Notice and published 
pursuant to 47 CFR 1.429(e). The full text of 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 December 29, 2005. See 
Sec.  1.4(b)(1) of the Commission's rules (47 CFR 1.4(b)(1)). Replies 
to an opposition must be filed within 10 days after the time for filing 
oppositions have expired.
    Subject: In the Matters of Appropriate Framework for Broadband 
Access to the Internet over Wireline Facilities (CC Docket No. 02-33).
    Universal Service Obligations of Broadband Providers (CC Docket No. 
02-33).

[[Page 74017]]

    Review of Regulatory Requirements for Incumbent LEC Broadband 
Telecommunications Services (CC Docket No. 01-337).
    Computer III Further Remand Proceedings; Bell Operating Company 
Provision of Enhanced Services; 1998 Biennial Regulatory Review--Review 
of Computer III and ONA Safeguards and Requirements (CC Docket Nos. 95-
20, 98-10).
    Conditional Petition of the Verizon Telephone Companies for 
Forbearance under 47 U.S.C. 160(c) with Regard to Broadband Services 
Provided Via Fiber to the Premises; Petition of the Verizon Telephone 
Companies for Declaratory Ruling or, Alternatively, for Interim Waiver 
with Regard to Broadband Services Provided Via Fiber to the Premises 
(WC Docket No. 04-242).
    Consumer Protection in the Broadband Era (WC Docket No. 05-271).
    Number of Petitions Filed: 2.

Marlene H. Dortch,
Secretary.
[FR Doc. 05-23864 Filed 12-13-05; 8:45 am]
BILLING CODE 6712-01-P
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