Sunshine Act Notices, 67876 [E9-30058]

Download as PDF erowe on DSK5CLS3C1PROD with NOTICES 67876 Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices Federal Aviation Administration notes, the Commission’s action on the Petition does not alter or amend the Federal Aviation Administration’s regulatory requirements and process. The Commission also rejects the assertion that the declaration the Petitioner seeks would violate section 332(c)(7)(A)’s provision that the authority of a State or local government over decisions regarding the placement, construction, and modification of personal wireless service facilities is limited only by the limitations imposed in subparagraph (B). The Commission notes that the denial of a single application may sometimes establish a violation of section 332(c)(7)(B)(ii) if it demonstrates a policy that has the effect of prohibiting the provision of personal wireless services as interpreted herein. 26. Ordinances Requiring Variances. The Petitioner requests that the Commission preempt, under section 253(a) of the Act, local ordinances and State laws that effectively require a wireless service provider to obtain a variance, regardless of the type and location of the proposal, before siting facilities. Because the Petitioner does not seek actual preemption of any ordinance by its Petition, nor does it present the Commission with sufficient information or evidence of a specific controversy on which to base such action or ruling, the Commission declines to issue a declaratory ruling that zoning ordinances requiring variances for all wireless siting requests are unlawful and will be struck down if challenged in the context of a section 253 preemption action. 27. Other Issues. Numerous parties argue that the Petitioner failed to follow the Commission’s service requirements with respect to preemption petitions. 47 CFR 1.1206(a), Note 1, of the Commission’s rules requires that a party filing either a petition for declaratory ruling seeking preemption of State or local regulatory authority, or a petition for relief under section 332(c)(7)(B)(v), must serve the original petition on any State or local government whose actions are cited as a basis for requesting preemption. By its terms, the service requirement does not apply to a petition that cites examples of the practices of unidentified jurisdictions to demonstrate the need for a declaratory ruling interpreting provisions of the Communications Act. These parties’ principal argument is that the Commission should require the Petitioner to identify the jurisdictions that it references anonymously, which, they assert, would then trigger the service requirement. However, nothing VerDate Nov<24>2008 14:14 Dec 18, 2009 Jkt 220001 in the rules requires that these jurisdictions be identified. 28. Several commenters argue that the Commission should deny the Petition in order to protect local citizens against the health hazards that these commenters attribute to RF emissions. To the extent commenters argue that State and local governments require flexibility to deny personal wireless service facility siting applications or delay action on such applications based on the perceived health effects of RF emissions, such authority is denied by statute under section 332(c)(7)(B)(iv). The Commission concludes that such arguments are outside the scope of the proceeding. 29. In its Cross-Petition, EMRPI contends that in light of additional data that has been compiled since 1996, the RF safety regulations that the Commission adopted at that time are no longer adequate. The Commission states that EMPRI’s request to revisit the regulations is also outside the scope of the current proceeding, and the Commission dismisses EMRPI’s CrossPetition. III. Conclusion 30. For the reasons discussed in the Ruling, the Commission grants in part and denies in part CTIA’s Petition for a Declaratory Ruling interpreting provisions of section 332(c)(7) of the Communications Act. By clarifying the statute, the Commission recognizes Congress’ dual interests in promoting the rapid and ubiquitous deployment of advanced, innovative, and competitive services, and in preserving the substantial area of authority that Congress reserved to State and local governments to ensure that personal wireless service facility siting occurs in a manner consistent with each community’s values. IV. Ordering Clauses 31. It is ordered that, pursuant to sections 4(i), 4(j), 201(b), 253(a), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), (j), 201(b), 253(a), 303(r), 332(c)(7), and § 1.2 of the Commission’s rules, 47 CFR 1.2, the Petition for Declaratory Ruling filed by CTIA—The Wireless Association is granted to the extent specified in the Ruling and otherwise is denied. 32. It is further ordered that, pursuant to sections 4(i), 4(j), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), (j), 332(c)(7), and § 1.2 of the Commission’s rules, 47 CFR 1.2, the Cross-Petition filed by the EMR Policy Institute is dismissed. PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E9–30291 Filed 12–18–09; 8:45 am] BILLING CODE 6712–01–P FEDERAL ELECTION COMMISSION Sunshine Act Notices Federal Election Commission. & TIME: Thursday, December 17, 2009, at 10 a.m. PLACE: 999 E Street, NW., Washington, DC (Ninth Floor). STATUS: This meeting will be open to the public. The following item has been added to the agenda for the above-captioned open meeting: Rulemaking to Repeal 11 CFR 100.57, 106.6(c) & (f). Individuals who plan to attend and require special assistance, such as sign language interpretation or other reasonable accommodations, should contact Mary Dove, Commission Secretary, at (202) 694–1040, at least 72 hours prior to the hearing date. PERSON TO CONTACT FOR INFORMATION: Judith Ingram, Press Officer, Telephone: (202) 694–1220. AGENCY: DATE Mary Dove, Secretary of the Commission. [FR Doc. E9–30058 Filed 12–18–09; 8:45 am] BILLING CODE 6715–01–M FEDERAL RESERVE SYSTEM 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 E:\FR\FM\21DEN1.SGM 21DEN1

Agencies

[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Notices]
[Page 67876]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30058]


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FEDERAL ELECTION COMMISSION


Sunshine Act Notices

AGENCY: Federal Election Commission.

DATE & TIME: Thursday, December 17, 2009, at 10 a.m.

Place: 999 E Street, NW., Washington, DC (Ninth Floor).

Status: This meeting will be open to the public.
    The following item has been added to the agenda for the above-
captioned open meeting:
    Rulemaking to Repeal 11 CFR 100.57, 106.6(c) & (f).
    Individuals who plan to attend and require special assistance, such 
as sign language interpretation or other reasonable accommodations, 
should contact Mary Dove, Commission Secretary, at (202) 694-1040, at 
least 72 hours prior to the hearing date.

Person to Contact for Information:  Judith Ingram, Press Officer, 
Telephone: (202) 694-1220.

Mary Dove,
Secretary of the Commission.
[FR Doc. E9-30058 Filed 12-18-09; 8:45 am]
BILLING CODE 6715-01-M
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