Wireless Telecommunications Bureau Seeks Comment on Petition for Reconsideration or Clarification of the Commission's Declaratory Ruling Clarifying Provisions in Section 332(c)(7) of the Communications Act, 1382-1383 [2010-55]

Download as PDF 1382 Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Notices disabilities, please contact Dr. Stallworth at the phone number or e-mail address noted above, preferably at least ten days prior to the teleconference, to give EPA as much time as possible to process your request. Dated: January 5, 2010. Anthony F. Maciorowski, Deputy Director, EPA Science Advisory Board Staff Office. [FR Doc. 2010–261 Filed 1–8–10; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection, Comments Requested srobinson on DSKHWCL6B1PROD with NOTICES 01/05/2010. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501–3520. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology and (e) ways to further reduce the information burden for small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. DATES: Persons wishing to comment on this information collection should submit comments by March 12, 2010. If you anticipate that you will be VerDate Nov<24>2008 16:06 Jan 08, 2010 Jkt 220001 submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget (OMB), via fax at (202) 395–5167, or via the Internet at Nicholas_A._Fraser@omb.eop.gov and to Cathy Williams, Federal Communications Commission (FCC), 445 12th Street, SW, Washington, DC 20554. To submit your comments by email send then to: PRA@fcc.gov and to Cathy.Williams@fcc.gov. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection send an e-mail to PRA@fcc.gov or contact Cathy Williams on (202) 418–2918. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0849. Title: Commercial Availability of Navigation Devices, CS Docket 97–80. Form Number: Not applicable. Type of Review: Extension of a currently approved collection. Respondents: Business or other for– profit entities. Number of Respondents and Responses: 958 respondents; 529,510 responses. Estimated Time per Response: 0.00278 hours – 40 hours per response. Frequency of Response: Recordkeeping and third party disclosure requirements; On occasion, quarterly, and semi–annual reporting requirements. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this information collection is contained in Sections 4(i), 303(r) and 629 of the Communications Act of 1934, as amended. Total Annual Burden: 44,173 hours. Total Annual Cost: $137,550. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. Needs and Uses: On March 17, 2005 the FCC released a Second Report, In the Matter of Implementation of Section 304 of the Telecommunications Act of 1996, Commercial Availability of Navigation Devices, CS Docket No. 97– 80, FCC 05–76. In the Second Report and Order and Further Notice of Proposed Rulemaking, the Commission extended by twelve months the existing 2006 deadline in Section 76.1204(a)(1) prohibiting the deployment of integrated navigation devices by multichannel video programming distributors in order to promote the PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 retail sale of non–integrated navigation devices. This extension was intended to afford cable operators additional time to investigate and develop a downloadable security solution that will allow common reliance by cable operators and consumer electronics manufacturers on an identical security function without the additional costs of physical separation inherent in the point–of– deployment module, or CableCARD, solution. The rules adopted in this proceeding added information collection requirements to this collection and also were intended to implement Section 629 of the Communications Act of 1934, as amended, 47 U.S.C. § 549. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary, Office of Managing Director. [FR Doc. 2010–230 Filed 1–8–10; 8:45 am] BILLING CODE: 6712–01–S FEDERAL COMMUNICATIONS COMMISSION [WT Docket No. 08–165; DA 09–2629] Wireless Telecommunications Bureau Seeks Comment on Petition for Reconsideration or Clarification of the Commission’s Declaratory Ruling Clarifying Provisions in Section 332(c)(7) of the Communications Act AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: In this document, comment is sought on a December 17, 2009 petition for reconsideration or clarification (Petition) filed by the National Association of Telecommunications Officers and Advisors, the United States Conference of Mayors, the National League of Cities, the National Association of Counties, and the American Planning Association (Petitioner). The Petitioner asks the Federal Communications Commission (Commission) to reconsider or clarify its interpretation of provisions in Section 332(c)(7) of the Communications Act, as amended. DATES: Interested parties may file oppositions on or before January 22, 2010, and replies on or before February 8, 2010. ADDRESSES: You may submit comments, identified by WT Docket No. 08–165, by any of the following methods: (1) The Commission’s Electronic Comment Filing System (ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies. For detailed E:\FR\FM\11JAN1.SGM 11JAN1 Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Notices 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 & Competition Policy Division, Wireless Telecommunications Bureau, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s public notice in WT Docket No. 08–165 released December 23, 2009. The complete text of the public notice is available for public inspection and copying from 8 a.m. to 4:30 p.m. Monday through Thursday or from 8 a.m. to 11:30 a.m. on Friday at the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY–A257, Washington, DC 20554. The public notice may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone (800) 378–3160, facsimile (301) 816–0169, e-mail FCC@BCPIWEB.com, or you may contact BCPI at its Web site: https:// www.BCPIWEB.com. When ordering documents from BCPI please provide the appropriate FCC document number, DA 09–2629. The public notice is also available on the Internet at the Commission’s Web site through its Electronic Document Management System (EDOCS): https:// hraunfoss.fcc.gov/edocs_public/ SilverStream/Pages/edocs.html. srobinson on DSKHWCL6B1PROD with NOTICES Synopsis On December 17, 2009, the National Association of Telecommunications Officers and Advisors, the United States Conference of Mayors, the National League of Cities, the National Association of Counties, and the American Planning Association filed a petition1 requesting that the Commission reconsider or clarify its decision2 interpreting provisions in Section 332(c)(7) of the 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 Reconsideration or Clarification, WT Docket No. 08–165, filed Dec. 17, 2009 (Petition). 2 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, Declaratory Ruling, WT Docket No. 08– 165, FCC 09–99 (Nov. 18, 2009). VerDate Nov<24>2008 16:06 Jan 08, 2010 Jkt 220001 Communications Act, as amended.3 Petitioners argue in their Petition that the Commission’s adoption of a 30-day review period for local authorities to determine the completeness of a wireless facilities siting request exceeds its authority under its own interpretation, does not allow local authorities to toll the adopted time limits for other reasons, and will result in significant unintended consequences. The Petition also argues that the Commission did not provide affected parties the opportunity for input before adopting the 30-day review period. Procedural Matters All filings should reference the docket number of this proceeding, WT Docket No. 08–165. This matter shall be treated as a ‘‘permit-but-disclose’’ proceeding in accordance with the Commission’s ex parte rules.4 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 twosentence description of the views and arguments presented generally is required.5 Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in § 1.1206(b) of the Commission’s rules.6 Comments may be filed using (1) the Commission’s ECFS, (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies.7 Comments can be filed through the Commission’s ECFS filing interface located at the following Internet address: https://www.fcc.gov/ cgb/ecfs/. Comments can also be filed via the Federal eRulemaking Portal: https://www.regulations.gov.8 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 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. 3 47 U.S.C. 332(c)(7). 47 CFR 1.1200, 1.1206. 5 See 47 CFR 1.1206(b). 6 47 CFR 1.1206(b). 7 See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 8 Filers should follow the instructions provided on the Federal eRulemaking Portal Web site for submitting comments. 4 See PO 00000 Frm 00051 Fmt 4703 Sfmt 9990 1383 Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. • Effective December 28, 2009, all hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St., SW., Room TW–A325, Washington, DC 20554. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Please Note: Through December 24, 2009, 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. This filing location will be permanently closed after December 24, 2009. The filing hours at both locations are 8 a.m. to 7 p.m. • 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. 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 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 (301) 816–0169, e-mail FCC@BCPIWEB.com. 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 and Governmental Affairs Bureau at (202) 418–0530, (202) 418– 0432 (TTY). Federal Communications Commission. Jane Jackson, Associate Bureau Chief, Wireless Telecommunications Bureau. [FR Doc. 2010–55 Filed 1–8–10; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\11JAN1.SGM 11JAN1

Agencies

[Federal Register Volume 75, Number 6 (Monday, January 11, 2010)]
[Notices]
[Pages 1382-1383]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-55]


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FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 08-165; DA 09-2629]


Wireless Telecommunications Bureau Seeks Comment on Petition for 
Reconsideration or Clarification of the Commission's Declaratory Ruling 
Clarifying Provisions in Section 332(c)(7) of the Communications Act

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this document, comment is sought on a December 17, 2009 
petition for reconsideration or clarification (Petition) filed by the 
National Association of Telecommunications Officers and Advisors, the 
United States Conference of Mayors, the National League of Cities, the 
National Association of Counties, and the American Planning Association 
(Petitioner). The Petitioner asks the Federal Communications Commission 
(Commission) to reconsider or clarify its interpretation of provisions 
in Section 332(c)(7) of the Communications Act, as amended.

DATES: Interested parties may file oppositions on or before January 22, 
2010, and replies on or before February 8, 2010.

ADDRESSES: You may submit comments, identified by WT Docket No. 08-165, 
by any of the following methods: (1) The Commission's Electronic 
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking 
Portal, or (3) by filing paper copies. For detailed

[[Page 1383]]

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 & Competition 
Policy Division, Wireless Telecommunications Bureau, Federal 
Communications Commission, 445 12th Street, SW., Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's public 
notice in WT Docket No. 08-165 released December 23, 2009. The complete 
text of the public notice is available for public inspection and 
copying from 8 a.m. to 4:30 p.m. Monday through Thursday or from 8 a.m. 
to 11:30 a.m. on Friday at the FCC Reference Information Center, 
Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. 
The public notice may also be purchased from the Commission's 
duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals 
II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 
(800) 378-3160, facsimile (301) 816-0169, e-mail FCC@BCPIWEB.com, or 
you may contact BCPI at its Web site: https://www.BCPIWEB.com. When 
ordering documents from BCPI please provide the appropriate FCC 
document number, DA 09-2629. The public notice is also available on the 
Internet at the Commission's Web site through its Electronic Document 
Management System (EDOCS): https://hraunfoss.fcc.gov/edocs_public/SilverStream/Pages/edocs.html.

Synopsis

    On December 17, 2009, the National Association of 
Telecommunications Officers and Advisors, the United States Conference 
of Mayors, the National League of Cities, the National Association of 
Counties, and the American Planning Association filed a petition\1\ 
requesting that the Commission reconsider or clarify its decision\2\ 
interpreting provisions in Section 332(c)(7) of the Communications Act, 
as amended.\3\ Petitioners argue in their Petition that the 
Commission's adoption of a 30-day review period for local authorities 
to determine the completeness of a wireless facilities siting request 
exceeds its authority under its own interpretation, does not allow 
local authorities to toll the adopted time limits for other reasons, 
and will result in significant unintended consequences. The Petition 
also argues that the Commission did not provide affected parties the 
opportunity for input before adopting the 30-day review period.
---------------------------------------------------------------------------

    \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 Reconsideration or Clarification, WT Docket No. 08-165, 
filed Dec. 17, 2009 (Petition).
    \2\ 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, 
Declaratory Ruling, WT Docket No. 08-165, FCC 09-99 (Nov. 18, 2009).
    \3\ 47 U.S.C. 332(c)(7).
---------------------------------------------------------------------------

Procedural Matters

    All filings should reference the docket number of this proceeding, 
WT Docket No. 08-165.
    This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules.\4\ 
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 generally is required.\5\ 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.\6\
---------------------------------------------------------------------------

    \4\ See 47 CFR 1.1200, 1.1206.
    \5\ See 47 CFR 1.1206(b).
    \6\ 47 CFR 1.1206(b).
---------------------------------------------------------------------------

    Comments may be filed using (1) the Commission's ECFS, (2) the 
Federal Government's eRulemaking Portal, or (3) by filing paper 
copies.\7\ Comments can be filed through the Commission's ECFS filing 
interface located at the following Internet address: https://www.fcc.gov/cgb/ecfs/. Comments can also be filed via the Federal 
eRulemaking Portal: https://www.regulations.gov.\8\ 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 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.
---------------------------------------------------------------------------

    \7\ See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (1998).
    \8\ Filers should follow the instructions provided on the 
Federal eRulemaking Portal Web site for submitting comments.
---------------------------------------------------------------------------

    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     Effective December 28, 2009, all hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary must 
be delivered to FCC Headquarters at 445 12th St., SW., Room TW-A325, 
Washington, DC 20554. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes must be disposed of before 
entering the building. Please Note: Through December 24, 2009, 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. This filing 
location will be permanently closed after December 24, 2009. The filing 
hours at both locations are 8 a.m. to 7 p.m.
     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.
    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 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 (301) 816-0169, e-mail FCC@BCPIWEB.com.
    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 and Governmental Affairs Bureau at (202) 418-0530, (202) 418-
0432 (TTY).

Federal Communications Commission.
Jane Jackson,
Associate Bureau Chief, Wireless Telecommunications Bureau.
[FR Doc. 2010-55 Filed 1-8-10; 8:45 am]
BILLING CODE 6712-01-P
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