Wireless Telecommunications Bureau Grants Extension of Time To File Comments on CTIA's Petition for Declaratory Ruling Regarding Wireless Facilities Siting, 54805-54807 [E8-22311]
Download as PDF
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Notices
Centrifugal); Wisconsin Knife Works;
and Wrought Washer Mfg., Inc. The
settlement requires the settling parties
to reimburse the U.S. EPA Hazardous
Substance Superfund $190,000 of U.S.
EPA’s costs of $194,269 incurred as of
January 31, 2008. The settlement
includes a covenant not to sue the
settling parties pursuant to Section
107(a) of CERCLA, 42 U.S.C. 9607(a).
For thirty (30) days following the date
of publication of this notice, the Agency
will receive written comments relating
to the settlement. The Agency will
consider all comments received and
may modify or withdraw its consent to
the settlement if comments received
disclose facts or considerations which
indicate that the settlement is
inappropriate, improper, or inadequate.
The U.S. EPA’s response to any
comments received will be available for
public inspection at the site record
repository in the West Allis Public
Library, 7421 West Nation Avenue,
Milwaukee, Wisconsin, and at the U.S.
EPA Record Center, Room 714, U.S.
EPA, 77 West Jackson Boulevard,
Chicago, Illinois. This is the second
consent agreement concerning the
Amber Oil Site in Milwaukee. An earlier
administrative settlement with 55
different settling parties, In the Matter of
Amber Oil Site, U.S. EPA Docket No. V–
W–’04–C–780 was finalized in 2004.
Pursuant to that Agreement, those other
55 settling parties committed to perform
the clean-up of the Amber Oil Site, and
pay past, intermediate, and oversight
costs as defined in that administrative
settlement. Past costs in the amount of
$155,591 were compromised under that
earlier Agreement in consideration of
the 55 settling parties’ commitment to
perform the removal and pay the costs
described above. That $155,591 in
compromised costs is part of the
$194,269 U.S. EPA sought to recover in
February 2008, $190,000 of which these
23 settling represents are committing to
pay pursuant to the proposed Amber Oil
Site Agreement, U.S. EPA Region 5
Docket No. V–W–’08–C–911, which
Agreement is the subject of this notice
of solicitation of public comment.
DATES: Comments must be submitted to
U.S. EPA on or before 30 days from date
of publication of this notice and request
for public comment.
ADDRESSES: The proposed settlement is
available for public inspection at the
U.S. EPA Record Center, Room 714, 77
West Jackson Boulevard, Chicago,
Illinois and at the West Allis Public
Library, 7421 West Nation Avenue,
Milwaukee, Wisconsin. A copy of the
proposed settlement may be obtained
from U.S. EPA Record Center, Room
VerDate Aug<31>2005
16:54 Sep 22, 2008
Jkt 214001
714, U.S. EPA, 77 West Jackson
Boulevard, Chicago, Illinois or by
calling tel. no. (312)–353–5821.
Comments should reference the Amber
Oil site in Milwaukee, Wisconsin and
EPA Region 5 CERCLA Docket No. V–
W–’08–C–911 and should be addressed
to Mr. Jerome Kujawa, U.S. EPA Office
of Regional Counsel (C–14J), 77 West
Jackson Boulevard, Chicago, Illinois
60604 or kujawa.jerome@epa.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Jerome Kujawa, U.S. EPA Office of
Regional Counsel (C–14J) at 77 West
Jackson Boulevard, Chicago, IL 60604 or
at tel. no. (312)–886–6731 or via e-mail
at kujawa.jerome@epa.gov.
Dated: September 11, 2008.
Richard C. Karl,
Director, Superfund Division, Region 5, U.S.
Environmental Protection Agency.
[FR Doc. E8–22228 Filed 9–22–08; 8:45 am]
BILLING CODE 6560–50–P
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
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
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,
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
54805
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:
• 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.
• 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 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, https://
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 https://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
E:\FR\FM\23SEN1.SGM
23SEN1
54806
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Notices
jlentini on PROD1PC65 with NOTICES
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.
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
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).
VerDate Aug<31>2005
16:54 Sep 22, 2008
Jkt 214001
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.
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
4 47
U.S.C. 332, 253.
47 CFR 1.1200(a), 1.1206.
5 See
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
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: https://www.fcc.gov/
cgb/ecfs/ or the Federal eRulemaking
Portal: https://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.
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).
E:\FR\FM\23SEN1.SGM
23SEN1
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Notices
• 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. E8–22311 Filed 9–22–08; 8:45 am]
jlentini on PROD1PC65 with NOTICES
BILLING CODE 6712–01–P
VerDate Aug<31>2005
16:54 Sep 22, 2008
Jkt 214001
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE
CORPORATION
Proposed Agency Information
Collection Activities; Comment
Request
AGENCIES: Office of the Comptroller of
the Currency (OCC), Treasury; Board of
Governors of the Federal Reserve
System (Board); and Federal Deposit
Insurance Corporation (FDIC).
ACTION: Joint notice and request for
comment.
SUMMARY: In accordance with the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35), the OCC, the Board, and the
FDIC (the ‘‘agencies’’) may not conduct
or sponsor, and the respondent is not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number. The Federal
Financial Institutions Examination
Council (FFIEC), of which the agencies
are members, has approved the
agencies’ publication for public
comment of a proposal to extend, with
revision, the Consolidated Reports of
Condition and Income (Call Report),
which are currently approved
collections of information. At the end of
the comment period, the comments and
recommendations received will be
analyzed to determine the extent to
which the FFIEC and the agencies
should modify the proposed revisions
prior to giving final approval. The
agencies will then submit the revisions
to OMB for review and approval.
DATES: Comments must be submitted on
or before November 24, 2008.
ADDRESSES: Interested parties are
invited to submit written comments to
any or all of the agencies. All comments,
which should refer to the OMB control
number(s), will be shared among the
agencies.
OCC: You should direct all written
comments to: Communications
Division, Office of the Comptroller of
the Currency, Public Information Room,
Mailstop 1–5, Attention: 1557–0081,
250 E Street, SW., Washington, DC
20219. In addition, comments may be
sent by fax to (202) 874–4448, or by
electronic mail to
regs.comments@occ.treas.gov. For
security reasons, the OCC requires that
visitors make an appointment to inspect
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
54807
comments. You may do so by calling
(202) 874–5043. Upon arrival, visitors
will be required to present valid
government-issued photo identification
and submit to security screening in
order to inspect and photocopy
comments.
Board: You may submit comments,
which should refer to ‘‘Consolidated
Reports of Condition and Income, 7100–
0036,’’ by any of the following methods:
• Agency Web Site: https://
www.federalreserve.gov. Follow the
instructions for submitting comments
on the https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
regs.comments@federalreserve.gov.
Include docket number in the subject
line of the message.
• Fax: 202–452–3819 or 202–452–
3102.
• Mail: Jennifer J. Johnson, Secretary,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue, NW., Washington,
DC 20551. All public comments are
available from the Board’s Web site at
https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm as
submitted, unless modified for technical
reasons. Accordingly, your comments
will not be edited to remove any
identifying or contact information.
Public comments may also be viewed
electronically or in paper in Room MP–
500 of the Board’s Martin Building (20th
and C Streets, NW.) between 9 a.m. and
5 p.m. on weekdays.
FDIC: You may submit comments,
which should refer to ‘‘Consolidated
Reports of Condition and Income, 3064–
0052,’’ by any of the following methods:
• Agency Web Site: https://
www.fdic.gov/regulations/laws/federal/
propose.html. Follow the instructions
for submitting comments on the FDIC
Web site.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: comments@FDIC.gov.
Include ‘‘Consolidated Reports of
Condition and Income, 3064–0052’’ in
the subject line of the message.
• Mail: Herbert J. Messite (202–898–
6834), Counsel, Attn: Comments, Room
F–1052, Federal Deposit Insurance
Corporation, 550 17th Street, NW.,
Washington, DC 20429.
• Hand Delivery: Comments may be
hand delivered to the guard station at
the rear of the 550 17th Street Building
(located on F Street) on business days
between 7 a.m. and 5 p.m.
E:\FR\FM\23SEN1.SGM
23SEN1
Agencies
[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Notices]
[Pages 54805-54807]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22311]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
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.
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 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, https://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 https://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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\4\ 47 U.S.C. 332, 253.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: https://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 e-mail 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.
[[Page 54807]]
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.
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. E8-22311 Filed 9-22-08; 8:45 am]
BILLING CODE 6712-01-P