Comment Sought on Petition for Declaratory Ruling Interpreting the Definition of “Commercial Mobile Radio Services” as Applied to NEXTG Networks of California, Inc.'s Distributed Antenna Systems and Other “Small-Cell” Solutions, 12055-12056 [2012-4659]
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Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices
FEDERAL COMMUNICATIONS
COMMISSION
[WT Docket No. 12–37; DA 12–202]
Comment Sought on Petition for
Declaratory Ruling Interpreting the
Definition of ‘‘Commercial Mobile
Radio Services’’ as Applied to NEXTG
Networks of California, Inc.’s
Distributed Antenna Systems and
Other ‘‘Small-Cell’’ Solutions
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
In this document, the
Wireless Telecommunications Bureau
seeks comment on NextG Networks of
California, Inc.’s Petition for Declaratory
Ruling, which asks the Commission to
interpret § 20.3 of the Commission’s
rules and to find that it is not a provider
of ‘‘commercial mobile radio service’’
(CMRS).
SUMMARY:
Interested parties may file
comments on or before April 2, 2012,
and reply comments on or before May
2, 2012.
ADDRESSES: You may submit comments,
identified by WT Docket No. 12–37, by
any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Federal Communications
Commission’s Electronic Comment
Filing System (ECFS) 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. 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 email: FCC504@fcc.gov
or phone: (202) 418–0530 or TTY: (202)
418–0432.
For detailed instructions on
submitting comments and additional
information, see the SUPPLEMENTARY
INFORMATION.
DATES:
tkelley on DSK3SPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Amy Brett, Spectrum & Competition
Policy Division, Wireless
Telecommunications Bureau,
Amy.Brett@fcc.gov, (202) 418–2703.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Public
Notice, DA 12–202, released on
VerDate Mar<15>2010
20:10 Feb 27, 2012
Jkt 226001
February 16, 2012, which seeks
comment on a Petition for Declaratory
(Petition) filed December 21, 2011, by
NextG Networks of California, Inc.
(Petitioner), a subsidiary of NextG
Networks, Inc. The full text of this
document is available for public
inspection and copying during normal
business hours in the FCC Reference
Center, Portals II, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554.
The complete text may also be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.,
445 12th Street SW., Room CY–B402,
Washington, DC 20554. The full text
may also be downloaded at: https://
www.fcc.gov. Alternative formats are
available to persons with disabilities by
sending an email to FCC504@fcc.gov or
by calling the Consumer &
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
The proceeding this Notice initiates
shall be treated as a ‘‘permit-butdisclose’’ proceeding in accordance
with the Commission’s ex parte rules.
Persons making ex parte presentations
must file a copy of any written
presentation or memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with rule
1.1206(b). In proceedings governed by
rule 1.49(f) or for which the
Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
12055
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
Summary of Public Notice
1. The Petitioner asks the Commission
to interpret § 20.3 of the Commission’s
rules, 47 CFR 20.3, in response to a
referral from the Superior Court of
Arizona, County of Maricopa. In the
state court litigation, Petitioner is
challenging the City of Scottsdale,
Arizona’s authority to impose fees on
Petitioner for use of public rights-ofway. Petitioner asks the Commission to
find that it is not a provider of
‘‘commercial mobile radio service’’
(CMRS) as defined in § 20.3 of the
Commission’s rules. Such a finding
could potentially exempt Petitioner
from local fees under Arizona law.
2. The Commission has defined CMRS
in § 20.3 of the rules as: ‘‘A mobile
service that is: (a)(1) Provided for profit,
i.e., with the intent of receiving
compensation or monetary gain; (2) An
interconnected service; and (3)
Available to the public, or to such
classes of eligible users as to be
effectively available to a substantial
portion of the public; or (b) The
functional equivalent of such a mobile
service described in paragraph (a) of this
§ .’’ § 322(d)(1) of the Communications
Act of 1934, as amended, similarly
defines a ‘‘commercial mobile service’’
as ‘‘any mobile service (as defined in
§ 153 of this title) that is provided for
profit and makes interconnected service
available (A) to the public or (B) to such
classes of eligible users as to be
effectively available to a substantial
portion of the public, as specified by
regulation by the Commission.’’ 47
U.S.C. 332(d)(1).
3. Petitioner states that it provides
telecommunications service via
Distributed Antenna Systems (DAS) and
other ‘‘small-cell solutions.’’ Petitioner
states that in operating these systems, it
transmits signals for its wireless carrier
customers along fiber optic networks
between equipment used by the carriers
to receive and transmit radio signals and
the carriers’ networks. Petitioner argues
that, because it only transports received
wireless signals over its own wired
network, it does not provide
‘‘commercial mobile radio service’’ as
defined under the Commission’s rules.
Petitioner also states that it has received
a certificate of convenience and
necessity from the Arizona Public
E:\FR\FM\28FEN1.SGM
28FEN1
12056
Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices
Utilities Commission to provide its
services in the State of Arizona.
Federal Communications Commission.
Jane Jackson, Associate Chief,
Chief, Wireless Telecommunications Bureau.
[FR Doc. 2012–4659 Filed 2–27–12; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL RESERVE SYSTEM
Agency Information Collection
Activities: Announcement of Board
Approval Under Delegated Authority
and Submission to OMB
Board of Governors of the
Federal Reserve System.
SUMMARY: Notice is hereby given of the
final approval of proposed information
collections by the Board of Governors of
the Federal Reserve System (Board)
under OMB delegated authority, as per
5 CFR 1320.16 (OMB Regulations on
Controlling Paperwork Burdens on the
Public). Board-approved collections of
information are incorporated into the
official OMB inventory of currently
approved collections of information.
Copies of the Paperwork Reduction Act
Submission, supporting statements and
approved collection of information
instrument(s) are placed into OMB’s
public docket files. The Federal Reserve
may not conduct or sponsor, and the
respondent is not required to respond
to, an information collection that has
been extended, revised, or implemented
on or after October 1, 1995, unless it
displays a currently valid OMB control
number.
FOR FURTHER INFORMATION CONTACT:
Federal Reserve Board Clearance
Officer—Cynthia Ayouch—Division of
Research and Statistics, Board of
Governors of the Federal Reserve
System, Washington, DC 20551 (202–
452–3829) Telecommunications Device
for the Deaf (TDD) users may contact
(202–263–4869), Board of Governors of
the Federal Reserve System,
Washington, DC 20551.
OMB Desk Officer—Shagufta
Ahmed—Office of Information and
Regulatory Affairs, Office of
Management and Budget, New
Executive Office Building, Room 10235,
725 17th Street NW., Washington, DC
20503.
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
Final Approval under OMB Delegated
Authority of the Extension for Three
Years, without Revision, of the
Following Reports
1. Report title: Weekly Report of
Selected Assets and Liabilities of
Domestically Chartered Commercial
VerDate Mar<15>2010
20:10 Feb 27, 2012
Jkt 226001
Banks and U.S. Branches and Agencies
Agency form number: FR 2835; FR
of Foreign Banks.
2835a.
Agency form number: FR 2644.
OMB control number: 7100–0085.
OMB control number: 7100–0075.
Frequency: Quarterly.
Frequency: Weekly.
Reporters: Commercial banks.
Reporters: Domestically chartered
Estimated annual reporting hours: FR
commercial banks and U.S. branches
2835, 132 hours; FR 2835a: 100 hours.
and agencies of foreign banks.
Estimated average hours per response:
Estimated annual reporting hours:
FR 2835, .22 hours; FR 2835a: .50 hours.
120,575 hours.
Number of respondents: FR 2835, 150;
Estimated average hours per response: FR 2835a, 50.
2.65 hours.
General description of report: These
Number of respondents: 875.
information collections are voluntary
General description of report: The FR
(12 U.S.C. 248(a)(2)). The FR 2835a
2644 is authorized by section 2A and
individual respondent data are given
11(a)(2) of the Federal Reserve Act (12
confidential treatment (5 U.S.C. 552
U.S.C. 225(a) and 248(a)(2)) and by
(b)(4)). The FR 2835 data, however, are
section 7(c)(2) of the International
not given confidential treatment.
Banking Act (12 U.S.C. 3105(c)(2)) and
Abstract: The FR 2835 collects
is voluntary. Individual respondent data information from a sample of
are regarded as confidential under the
commercial banks on interest rates
Freedom of Information Act (5 U.S.C.
charged on loans for new vehicles and
552(b)(4)).
loans for other consumer goods and
Abstract: The FR 2644 is the primary
personal expenses. The data are used for
source of high-frequency data used in
the analysis of household financial
the analysis of current banking
conditions.
developments. The FR 2644 collects
The FR 2835a collects information on
sample data that are used to estimate
two measures of credit card interest
universe levels using data from the
rates from a sample of commercial
quarterly commercial bank Consolidated banks with $1 billion or more in credit
Reports of Condition and Income (FFIEC card receivables and a representative
031 and 041; OMB No. 7100–0036) and
group of smaller issuers. The data are
the Report of Assets and Liabilities of
used to analyze the credit card market
U.S. Branches and Agencies of Foreign
and draw implications for the
Banks (FFIEC 002; OMB No. 7100–0032) household sector.
(Call Reports). Data from the FR 2644,
Current Actions: On December 8, 2011
together with data from other sources,
the Federal Reserve published a notice
are used to construct weekly estimates
in the Federal Register (76 FR 76730)
of bank credit, balance sheet data for the requesting public comment for 60 days
U.S. banking industry, sources and uses on the extension, without revision, of
of banks’ funds, and to analyze banking
the Quarterly Report of Interest Rates on
developments.
Selected Direct Consumer Installment
Current Actions: On December 8, 2011 Loans (FR 2835) and the Quarterly
the Federal Reserve published a notice
Report of Credit Card Plans (FR 2835a).
in the Federal Register (76 FR 76730)
The comment period for this notice
requesting public comment for 60 days
expired on February 6, 2012. The
on the extension, without revision, of
Federal Reserve did not receive any
the Weekly Report of Selected Assets
comments. No changes are proposed to
and Liabilities of Domestically
the FR 2835 or FR 2835a.
Chartered Commercial Banks and U.S.
Proposal To Approve under OMB
Branches and Agencies of Foreign
Delegated Authority the Extension for
Banks. The comment period for this
notice expired on February 6, 2012. The Three Years, with Revision, of the
Following Report
Federal Reserve did not receive any
comments. No changes are proposed to
1. Report title: Quarterly Report of
the FR 2644; however, going forward,
Assets and Liabilities of Large Foreign
the Federal Reserve will modify the FR
Offices of U.S. Banks.
2644 instructions as needed to maintain
Agency form number: FR 2502q.
OMB control number: 7100–0079.
consistency with any instructional
Frequency: Quarterly.
revisions to the Call Reports that might
Reporters: Major foreign branches and
occur during the three year extension
banking subsidiaries of U.S. depository
period.
2. Report title: Quarterly Report of
10 respondents and do not require an OMB control
Interest Rates on Selected Direct
number: Automobile Finance Terms (FR 2005) and
Consumer Installment Loans; Quarterly
the Passenger Auto Contract Collection Trends (FR
Report of Credit Card Plans 1
2012). The Federal Reserve will combine FR 2005
1 This
family of reports also contains the
following voluntary reports, which have fewer than
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
and the FR 2012 into one reporting form, the
Automobile Finance Company Report (FR 2512)
with no changes to the data items reported.
E:\FR\FM\28FEN1.SGM
28FEN1
Agencies
[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Notices]
[Pages 12055-12056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4659]
[[Page 12055]]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[WT Docket No. 12-37; DA 12-202]
Comment Sought on Petition for Declaratory Ruling Interpreting
the Definition of ``Commercial Mobile Radio Services'' as Applied to
NEXTG Networks of California, Inc.'s Distributed Antenna Systems and
Other ``Small-Cell'' Solutions
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In this document, the Wireless Telecommunications Bureau seeks
comment on NextG Networks of California, Inc.'s Petition for
Declaratory Ruling, which asks the Commission to interpret Sec. 20.3
of the Commission's rules and to find that it is not a provider of
``commercial mobile radio service'' (CMRS).
DATES: Interested parties may file comments on or before April 2, 2012,
and reply comments on or before May 2, 2012.
ADDRESSES: You may submit comments, identified by WT Docket No. 12-37,
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Federal Communications Commission's Electronic Comment Filing
System (ECFS) 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. 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 email: FCC504@fcc.gov or phone: (202) 418-
0530 or TTY: (202) 418-0432.
For detailed instructions on submitting comments and additional
information, see the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Amy Brett, Spectrum & Competition
Policy Division, Wireless Telecommunications Bureau, Amy.Brett@fcc.gov,
(202) 418-2703.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public
Notice, DA 12-202, released on February 16, 2012, which seeks comment
on a Petition for Declaratory (Petition) filed December 21, 2011, by
NextG Networks of California, Inc. (Petitioner), a subsidiary of NextG
Networks, Inc. The full text of this document is available for public
inspection and copying during normal business hours in the FCC
Reference Center, Portals II, 445 12th Street SW., Room CY-A257,
Washington, DC 20554. The complete text may also be purchased from the
Commission's copy contractor, Best Copy and Printing, Inc., 445 12th
Street SW., Room CY-B402, Washington, DC 20554. The full text may also
be downloaded at: https://www.fcc.gov. Alternative formats are available
to persons with disabilities by sending an email to FCC504@fcc.gov or
by calling the Consumer & Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (TTY).
The proceeding this Notice initiates shall be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules. Persons making ex parte presentations must file a copy
of any written presentation or memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
Summary of Public Notice
1. The Petitioner asks the Commission to interpret Sec. 20.3 of
the Commission's rules, 47 CFR 20.3, in response to a referral from the
Superior Court of Arizona, County of Maricopa. In the state court
litigation, Petitioner is challenging the City of Scottsdale, Arizona's
authority to impose fees on Petitioner for use of public rights-of-way.
Petitioner asks the Commission to find that it is not a provider of
``commercial mobile radio service'' (CMRS) as defined in Sec. 20.3 of
the Commission's rules. Such a finding could potentially exempt
Petitioner from local fees under Arizona law.
2. The Commission has defined CMRS in Sec. 20.3 of the rules as:
``A mobile service that is: (a)(1) Provided for profit, i.e., with the
intent of receiving compensation or monetary gain; (2) An
interconnected service; and (3) Available to the public, or to such
classes of eligible users as to be effectively available to a
substantial portion of the public; or (b) The functional equivalent of
such a mobile service described in paragraph (a) of this Sec. .''
Sec. 322(d)(1) of the Communications Act of 1934, as amended,
similarly defines a ``commercial mobile service'' as ``any mobile
service (as defined in Sec. 153 of this title) that is provided for
profit and makes interconnected service available (A) to the public or
(B) to such classes of eligible users as to be effectively available to
a substantial portion of the public, as specified by regulation by the
Commission.'' 47 U.S.C. 332(d)(1).
3. Petitioner states that it provides telecommunications service
via Distributed Antenna Systems (DAS) and other ``small-cell
solutions.'' Petitioner states that in operating these systems, it
transmits signals for its wireless carrier customers along fiber optic
networks between equipment used by the carriers to receive and transmit
radio signals and the carriers' networks. Petitioner argues that,
because it only transports received wireless signals over its own wired
network, it does not provide ``commercial mobile radio service'' as
defined under the Commission's rules. Petitioner also states that it
has received a certificate of convenience and necessity from the
Arizona Public
[[Page 12056]]
Utilities Commission to provide its services in the State of Arizona.
Federal Communications Commission.
Jane Jackson, Associate Chief,
Chief, Wireless Telecommunications Bureau.
[FR Doc. 2012-4659 Filed 2-27-12; 8:45 am]
BILLING CODE 6712-01-P