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]

Download as PDF 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]]

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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
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