Comment Sought on WIA Petitions for Declaratory Ruling and Rulemaking and CTIA Petition for Declaratory Ruling, 50810 [2019-20635]

Download as PDF 50810 Federal Register / Vol. 84, No. 187 / Thursday, September 26, 2019 / Proposed Rules conducted prior to issuing the proposal, the Agency has concluded that a 31-day extension is sufficient. To submit comments, or access the docket, please follow the detailed instructions provided under ADDRESSES in the Federal Register document of July 29, 2019 (84 FR 36728) (FRL–9995– 76). If you have questions, consult the technical persons listed under FOR FURTHER INFORMATION CONTACT. List of Subjects in 40 CFR Part 751 Environmental protection, Chemicals, Export notification, Hazardous substances, Import certification, Reporting and recordkeeping. Dated: September 19, 2019. Alexandra Dapolito Dunn, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2019–20785 Filed 9–25–19; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [WT Docket No. 19–250, WC Docket No. 17–84, RM–11849; DA 19–913] Comment Sought on WIA Petitions for Declaratory Ruling and Rulemaking and CTIA Petition for Declaratory Ruling Federal Communications Commission. ACTION: Advance notice of proposed rulemaking. AGENCY: In this document, the Wireless Telecommunications Bureau (WTB) and Wireline Competition Bureau (WCB) seek comment on a Petition for Rulemaking and a Petition for Declaratory Ruling filed by the Wireless Infrastructure Association (WIA), and a Petition for Declaratory Ruling filed by CTIA. DATES: Interested parties may file comments on or before October 15, 2019; and reply comments on or before October 30, 2019. ADDRESSES: You may submit comments and reply comments on or before the dates indicated in the DATES section above. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). All filings must refer to RM–11849 and WT Docket No. 19–250, and if addressing issues relating to Section 224 of the Communications Act, WC Docket 17– 84. khammond on DSKJM1Z7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 19:16 Sep 25, 2019 Jkt 247001 D Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: https://apps.fcc.gov/ ecfs/. D Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. 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. D All hand-delivered or messengerdelivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th Street SW, Room TW–A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. D Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, D MD 20701. D 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 email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202–418–0530 (voice), 202– 418–0432 (tty). For additional information, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For further information on this proceeding, contact David Sieradzki, Senior Counsel, Competition and Infrastructure Policy Division, WTB at (202) 418–1368 or by email to David.Sieradzki@fcc.gov or Mike Ray, Attorney Advisor, Competition Policy Division, WCB, at (202) 418–0357 or michael.ray@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice released on September 13, 2019 (DA 19–913). 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 website, https:// PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 www.bcpiweb.com; or by calling (800) 378–3160, facsimile (202) 488–5563, or email FCC@BCPIWEB.com. Additionally, the complete item is available on the Federal Communications Commission’s website at https://www.fcc.gov. On August 27, 2019, the WIA filed a Petition for Rulemaking and a Petition for Declaratory Ruling. On September 6, 2019, CTIA filed a Petition for Declaratory Ruling. The petition for rulemaking requests additional rules to implement Section 6409 of the Spectrum Act, 47 U.S.C. 1455. The petitions for declaratory ruling request that the Commission clarify its rules implementing Section 6409 and Sections 1455 and 224 of the Communications Act. 47 U.S.C. 1455. WIA’s Petition for Rulemaking asks the Commission to amend our rules to reflect that collocations requiring an expansion of the current site—within 30 feet of a tower site—qualify for relief under Section 6409(a) and to require that fees associated with eligible facilities requests under Section 6409 be cost-based. WIA’s Petition for Declaratory Ruling asks the Commission to clarify (1) that Section 6409(a) and our related rules apply to all state and local authorizations; (2) when the time to decide an application begins to run; (3) what constitutes a substantial change under Section 6409(a); (4) that ‘‘conditional’’ approvals by localities violate Section 6409(a); and (5) that localities may not establish processes or impose conditions that effectively defeat or reduce the protections afforded under Section 6409(a). CTIA’s Petition for Declaratory Ruling asks the Commission to clarify the terms ‘‘concealment element,’’ ‘‘equipment cabinet,’’ and ‘‘base station’’ in our rules, and clarify that when an application is ‘‘deemed granted’’ under Section 6409, applicants may lawfully construct even if the siting authority has not issued construction permits. With respect to Section 224, CTIA asks the Commission to: (1) Determine that the definition of the term ‘‘pole’’ in Section 224 includes light poles; (2) conclude that utilities may not impose blanket prohibitions on access to certain parts of the pole; and (3) clarify that utilities may not ask attachers to accept terms and conditions that are inconsistent with the Commission’s rules. Federal Communications Commission. Amy Brett, Associate Chief, Competition and Infrastructure Policy Division, Wireless Telecommunications Bureau. [FR Doc. 2019–20635 Filed 9–25–19; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\26SEP1.SGM 26SEP1

Agencies

[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Proposed Rules]
[Page 50810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20635]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[WT Docket No. 19-250, WC Docket No. 17-84, RM-11849; DA 19-913]


Comment Sought on WIA Petitions for Declaratory Ruling and 
Rulemaking and CTIA Petition for Declaratory Ruling

AGENCY: Federal Communications Commission.

ACTION: Advance notice of proposed rulemaking.

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

SUMMARY: In this document, the Wireless Telecommunications Bureau (WTB) 
and Wireline Competition Bureau (WCB) seek comment on a Petition for 
Rulemaking and a Petition for Declaratory Ruling filed by the Wireless 
Infrastructure Association (WIA), and a Petition for Declaratory Ruling 
filed by CTIA.

DATES: Interested parties may file comments on or before October 15, 
2019; and reply comments on or before October 30, 2019.

ADDRESSES: You may submit comments and reply comments on or before the 
dates indicated in the DATES section above. Comments may be filed using 
the Commission's Electronic Comment Filing System (ECFS). See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 
(1998). All filings must refer to RM-11849 and WT Docket No. 19-250, 
and if addressing issues relating to Section 224 of the Communications 
Act, WC Docket 17-84.
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing.
    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.
    [ssquf] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th Street SW, Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
    [ssquf] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction,
    [ssquf] MD 20701.
    [ssquf] 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 email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty). For additional information, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For further information on this 
proceeding, contact David Sieradzki, Senior Counsel, Competition and 
Infrastructure Policy Division, WTB at (202) 418-1368 or by email to 
[email protected] or Mike Ray, Attorney Advisor, Competition 
Policy Division, WCB, at (202) 418-0357 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice 
released on September 13, 2019 (DA 19-913). 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 
website, https://www.bcpiweb.com; or by calling (800) 378-3160, 
facsimile (202) 488-5563, or email [email protected]. Additionally, the 
complete item is available on the Federal Communications Commission's 
website at https://www.fcc.gov.
    On August 27, 2019, the WIA filed a Petition for Rulemaking and a 
Petition for Declaratory Ruling. On September 6, 2019, CTIA filed a 
Petition for Declaratory Ruling. The petition for rulemaking requests 
additional rules to implement Section 6409 of the Spectrum Act, 47 
U.S.C. 1455. The petitions for declaratory ruling request that the 
Commission clarify its rules implementing Section 6409 and Sections 
1455 and 224 of the Communications Act. 47 U.S.C. 1455. WIA's Petition 
for Rulemaking asks the Commission to amend our rules to reflect that 
collocations requiring an expansion of the current site--within 30 feet 
of a tower site--qualify for relief under Section 6409(a) and to 
require that fees associated with eligible facilities requests under 
Section 6409 be cost-based. WIA's Petition for Declaratory Ruling asks 
the Commission to clarify (1) that Section 6409(a) and our related 
rules apply to all state and local authorizations; (2) when the time to 
decide an application begins to run; (3) what constitutes a substantial 
change under Section 6409(a); (4) that ``conditional'' approvals by 
localities violate Section 6409(a); and (5) that localities may not 
establish processes or impose conditions that effectively defeat or 
reduce the protections afforded under Section 6409(a).
    CTIA's Petition for Declaratory Ruling asks the Commission to 
clarify the terms ``concealment element,'' ``equipment cabinet,'' and 
``base station'' in our rules, and clarify that when an application is 
``deemed granted'' under Section 6409, applicants may lawfully 
construct even if the siting authority has not issued construction 
permits. With respect to Section 224, CTIA asks the Commission to: (1) 
Determine that the definition of the term ``pole'' in Section 224 
includes light poles; (2) conclude that utilities may not impose 
blanket prohibitions on access to certain parts of the pole; and (3) 
clarify that utilities may not ask attachers to accept terms and 
conditions that are inconsistent with the Commission's rules.

Federal Communications Commission.
Amy Brett,
Associate Chief, Competition and Infrastructure Policy Division, 
Wireless Telecommunications Bureau.
[FR Doc. 2019-20635 Filed 9-25-19; 8:45 am]
BILLING CODE 6712-01-P
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