FCC Web Documents citing 1.401

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • that the spectrum it seeks has been designated to be auctioned for commercial purposes and indicates that it ``has committed itself to pursuing legislative relief.'' As such, the Commission has no authority to take further action on the request at this time, and will dismiss the Petition without prejudice, leaving the docket open. ACCORDINGLY, IT IS ORDERED, pursuant to Section 1.401(e) of the Commission's rules, and pursuant to authority delegated by Sections 0.191(f) and 0.392 of the Commission's rules, that the Petition for Rulemaking filed by Cyren Call Communications Corporation on April 27, 2006, is hereby DISMISSED without prejudice. FEDERAL COMMUNICATIONS COMMISSION Kenneth P. Moran, Acting Chief Public Safety and Homeland Security Bureau Petition for Rulemaking of Cyren Call Communications Corporation,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-220A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-220A1.pdf
  • GRANTED DIRECT ACCESS TO THE COMMISSION'S NETWORK OUTAGE REPORTING SYSTEM RM-11588 ET Docket No. 04-35 Comment Date: March 4, 2010 Reply Date: March 19, 2010 The Public Safety and Homeland Security Bureau invites public comment on the petition for rulemaking filed on November 12, 2009, by the California Public Utilities Commission (``CPUC''). The CPUC petitions the Commission, pursuant to Section 1.401 of the Commissions rules, requesting that the Federal Communications Commission (Commission or FCC) grant state public utilities commissions direct access to the Commission's Network Outage Reporting System (NORS) database. The CPUC also informally requests, pursuant to Section 1.41 of the Commission's rules, that the Commission act to allow the CPUC password-protected access to the NORS database that is ``limited to
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  • when it granted the modification application consistent with the Rules; it contends that the Rules themselves should be changed. A petition for reconsideration is an inappropriate pleading for seeking a rule change. If Florida sought to have the Rules changed in the manner set out in its Petition, it should have submitted a petition for rule making pursuant to Sections 1.401 et seq. of the Rules. Had we not found Florida's Petition procedurally defective, we would have denied it on substantive grounds. In its cited waiver requests to use offset channels, Florida stated that it was the licensee of the channels above and below the offset channels and had configured its network so that 12.5 kHz offset operation would not result
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  • was signed, petitioner failed to include an affidavit verifying that the statements contained in its petition were accurate to the best of its knowledge. Section 1.52 of the Commission's rules requires that the original of any document filed with the Commission by a party not represented by counsel be signed and verified by the party and his/her address stated. Section 1.401(b) of the Commission rules concerning rulemaking proceeding places petitioners on notice that their proposals must conform with the requirements of Section 1.52 regarding subscription and certification. See also Amendment of Section 1.420 and 73.3584 of the Commission's Rules Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3911, n.42 (1990). Petitioner is requested to rectify this omission in its comments.
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  • with disabilities by contacting Martha Contee at (202) 418-0260, TTY (202) 418-2555, or by e-mail at . This Order also is available at the Commission's internet site at . V. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rulemaking filed by the California Six Meter Club, RM-9806, on August 25, 1999, IS HEREBY DISMISSED WITHOUT PREJUDICE. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public
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  • with disabilities by contacting Martha Contee at (202) 418-0260, TTY (202) 418-2555, or by e-mail at . This Order also is available at the Commission's internet site at . V. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rule making filed by Alan Dixon on November 3, 1999, RM-9807, IS HEREBY DENIED WITHOUT PREJUDICE. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Diane J. Cornell Associate Chief, Wireless Telecommunications
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  • Content-Transfer-Encoding: 8bit DA 00-191 February 3, 2000 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON NEXTEL COMMUNICATIONS, INC.'S PETITION REGARDING PCS C AND F BLOCK SPECTRUM EXTENSION OF FILING DEADLINE FOR COMMENTS TO SBC COMMUNICATIONS INC.'S REQUEST FOR WAIVER Comment Date: February 14, 2000 Reply Date: February 22, 2000 Nextel Communications, Inc. (``Nextel'') has filed a petition requesting expedited rulemaking under Section 1.401, or in the alternative, waiver of the Commission's rules under Sections 1.3 and 1.925. Nextel seeks modification or waiver of the Commission's eligibility and bidding rules with respect to PCS C and F block spectrum. Section 24.709 of the Commission's rules restricts the eligibility for C and F block licenses to entities with total assets and gross revenues below specified
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2234A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2234A1.txt
  • transmission of emission type F2D GPS-derived location information digital data bursts to not longer than one second and not more 3' June 2000 Waiver Request at 1. 32 If Garmin wishes to obtain permanent authorization to manufacture and market such units, it should file a petition for rulemaking proposing the necessary revisions to the FRS rules. See 47 C.F.R. � 1.401. 33 Harmful interference for purposes of this waiver will be considered interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts another radiocommunication service operating in accordance with the Commission's Rules or the international Radio Regulations. 19147 Federal Communications Commission DA 00-2234 frequently than once every 10 seconds. Garmin
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1299A1.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � DA 01-1299 May 25, 2001 CompTel files Petition for Rulemaking Re: Presubscribed Interexchange Carrier Charges RM No. 10131 CCB/CPD 01-12 Pleading Cycle Established COMMENTS: June 18, 2001 REPLY COMMENTS: July 2, 2001 On May 16, 2001, the Competitive Telecommunications Association (CompTel), pursuant to Section 1.401 of the Commission's Rules, petitioned the Commission to initiate a rulemaking proceeding revising its policies governing the federally-tariffed charges of incumbent local exchange carriers (ILECs) for changing the presubscribed interexchange carrier for end-user subscribers. This matter shall be treated as a ``permit-but-disclose'' proceeding in accordance with the Commission's ex parte rules. See 47 C.F.R. �� 1.1200 and 1.1206. Persons making
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  • are not application fees nor are they attributed to specific licenses, but instead they are translated to bidding units to define a bidder's maximum bidding eligibility in any single round of bidding. July 9th Public Notice, 14 FCC Rcd at 10648. Broadcast MO&O, 14 FCC Rcd at 8751, � 54. Id. at 8750-8752, �� 52-56. Id. See 47 C.F.R. �� 1.401-1.430; see also Closed Broadcast Auctions Scheduled for September 28, 1999; Comment Sought on Minimum Opening Bids and Other Auction Procedures, Public Notice, 14 FCC Rcd at 8189, 8198 (1999) (``May 17th Public Notice''). See July 9th Public Notice, 14 FCC Rcd at 10646-10648. Id. at 10632; May 17th Public Notice, 14 FCC Rcd at 8189. J.Dominic Monahan, Esq. January 19,
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  • overlap between the issues developed in the present record and that of the ITS/DSRC rulemaking proceeding, we hereby incorporate the record of this matter into that of the ITS/DSRC rulemaking. ordering clauses Accordingly, IT IS ORDERED, pursuant to Sections 4(i), (j), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), and 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the Petition for Rulemaking filed by Federal Signal Corporation, RM-9719, on August 2, 1999, IS HEREBY DISMISSED WITHOUT PREJUDICE. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-160A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-160A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-160A1.txt
  • that Reregulates and Consolidates Parts 89, 91, and 93, Docket No. 21348, Report and Order, 69 FCC2d 1612 (1978). Amendment of Parts 89, 91, and 93 of the Commission's Rules Concerning Use of Land Mobile Frequencies Aboard Aircraft, Docket No. 19545, 42 FCC 2d 505, 507 (1973). 47 C.F.R. � 74.23(a). SBE Comments at 2. See also 47 C.F.R. � 1.401. Federal Communications Commission DA 01-160 Federal Communications Commission DA 01-160 � � � � � � � � �0� �0� �0� �0� �0� �0� �0� �
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  • contained in the petition were accurate to the best of the affiant's knowledge. Section 1.52 of the Commission's Rules require that the original of any document filed with the Commission by a party not represented by counsel be signed and verified by the party and his/her address stated. In the absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. See also Amendment of Sections 1.420 and 73.3584 of the Commission's Rules Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3911, 3919, n.41 (1990). The petitioner therefore is requested to rectify this
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  • may be dismissed. Because the affiant is neither the party in interest nor his attorney, and the petitioning party did not verify the document, the requirements of Section 1.52 have not been met. See Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations (Carmel, Carmel Valley, Hollister and Scotts Valley, California), 7 FCC Recd 3056 (M.M.Bur., Pol.Div. 1992). Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. See also Amendment of Sections 1.420 and 73.3584 of the Commission's Rules Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3911, 3919, n.41 (1990). The petitioner is requested to rectify this omission
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  • contained in the petition are accurate to the best of his knowledge. Section 1.52 of the Commission's Rules requires that the original of any document filed with the Commission by a party not represented by counsel must be signed and verified by the party and his/her address stated. In the absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. See also amendment of Sections 1.420 and 73.3584 of the Commission's Rules Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3911, n.41 (1990). Therefore, petitioner is requested to rectify this omission in
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  • its headquarters, 445 Twelfth Street, SW, Washington, D. C 20554. Section 1.52 of the Commission's Rules requires that the original of any document filed with the Commission by a party not represented by counsel, be signed and verified by the commenting or petitioning party and his/her address stated. In the absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. See also Amendment of Section 1.420 and 73.3584 of the Commission's Rules Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3911, 3919, N.41 (1990). Pyeatt is requested to rectify this omission in
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  • petition for rulemaking have been previously considered by the Commission or are unnecessary in light of the existing rules, and do not warrant further consideration at this time. . IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rulemaking filed by Alan Dixon and Robert K. Leef, RM-10019, on October 24, 2000, IS HEREBY DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Kathleen O'Brien Ham Deputy Chief, Wireless
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  • not warranted. Thus, we have decided that there is a continuing need for Section 90.629 as it is currently constituted, and have decided not to amend Section 90.629 as SBT proposes. ordering clauses Accordingly, IT IS ORDERED, pursuant to Sections 4(i), (j), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), and 303(r), Sections 1.401(e) and 90.629 of the Commission's Rules, 47 C.F.R. �� 1.401(e) and 90.629, and Section 610 of the United States Code, 5 U.S.C. � 610, that the Comment and Petition for Rulemaking filed by Small Business in Telecommunications, on December 10, 1999, IS HEREBY DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's
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  • statements contained in his petition were accurate to the best of his knowledge. Section 1.52 of the Commission's Rules requires that the original of any document filed with the Commission by a party not represented by counsel must be signed and verified by the party and his/her address stated. In absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. See also Amendment of Sections 1.420 and 73.3584 of the Commission's Rule Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3910, n. 41, (1990). Petitioner is requested to rectify this omission in
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  • statements contained in the petition were accurate to the best of his knowledge. Section 1.52 of the Commission's Rules requires that the original of any document filed with the Commission by a party not represented by counsel be signed and verified by the party and his/her address stated. In the absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. See also Amendment of Sections 1.420 and 73.3584 of the Commission's Rules Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3911, 3919 n.41 (1990). The petitioner is requested to rectify this omission
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  • contained in the petition were accurate to the best of the affiant's knowledge. Section 1.52 of the Commission's Rules require that the original of any document filed with the Commission by a party not represented by counsel be signed and verified by the party and his/her address stated. In the absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. See also Amendment of Sections 1.420 and 73.3584 of the Commission's Rules Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3911, 3919, n.41 (1990). The petitioner is requested to rectify this omission
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  • filed. We therefore dismiss the Petition without prejudice to PCIA's ability to file a new petition addressing any issues that may remain under current conditions. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), authority delegated by Section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, and Sections 1.2 and 1.401 of the Commission's rules, 47 C.F.R. �� 1.2, 1.401, that the Petition filed by the Personal Communications Industry Association on July 19, 2000, IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Jeffrey S. Steinberg Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau 47 C.F.R. � 1.1306, Note 1: The provisions of � 1.1307(a) of this part requiring the preparation of EAs
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  • statements contained in his petition were accurate to the best of his knowledge. Section 1.52 of the Commission's Rules requires that the original of any document filed with the Commission by a party not represented by counsel must be signed and verified by the party and his/her address stated. In absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform to the requirements of Section 1.52 regarding subscription and verification. See also Amendment of Sections1.420 and 73.3584 of the Commission's Rule Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3910, n. 41, (1990). Petitioner is requested to rectify this omission in his
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  • it does not appear that CDI would benefit from the relief you request. Accordingly, as described above, we deny the CDI Petition to the extent it seeks a clarification of existing rules, and dismiss it without prejudice to the extent it requests a rulemaking. We take this action pursuant to section 4(i) of the Act and sections 0.331, 1.2, and 1.401(e) of the Commission's rules. Sincerely, Jeffrey S. Steinberg Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau Request for Clarification and Rulemaking, Cellular Directory Information, Inc., February 20, 2002. The CDI Petition is not verified as required in section 1.52 of the Commission's rules. We remind you that the Commission's rules require a party not represented by an attorney to verify
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  • 15513, n. 59. Letter from Robert Primosch, Esq., Counsel, W.A.T.C.H. TV and Benton Ridge Telephone Company, to Joseph P. Casey, Chief, Technical and Public Safety Division, Enforcement Bureau (September 9, 2002). Qwest Broadband Services, Inc., 17 FCC Rcd 14210 (Enf. Bur. 2002). Second Report and Order, 12 FCC Rcd at 15522. 17 FCC Rcd at 14211. See 47 C.F.R. � 1.401. 47 C.F.R. �� 0.111, 0.204(b) and 0.311. Federal Communications Commission DA 02-2398 Federal Communications Commission DA 02-2398 ) * � � � �� $
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  • to the allocation status for the amateur service that may be appropriate. Accordingly, we are also dismissing the ARRL Petition for a primary allocation to the amateur service in the 2300-2305 MHz band. ORDERING CLAUSE Accordingly, IT IS ORDERED that, pursuant to Section 4, of the Communications Act of 1934, as amended, 47 U.S.C. Section 154, and Sections 0.241(e) and 1.401 (e) of the Commission's Rules, 47 CFR �0.241(e) and �1.401(e), the petitions for rulemaking filed by Microtrax, Inc. in RM-9797, ARRL in RM-10165, and AeroAstro, Inc. in RM-10166 are DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Edmond J. Thomas Chief, Office of Engineering and Technology See Petition for Rulemaking of Microtrax, (filed November 22, 1999), Public Notice January 7, 2000, Report No. 2376.
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  • However, the Commission did not dismiss petitions for rulemaking proposing new NTSC television allotments on channels 52-59 that had been amended to specify a core channel (between 2 and 51). We remind new digital television licensees on Channels 52 to 59 that they will be required to move to the core by the end of the digital transition. See Sections 1.401 (c) and (d) and Section 1.420 of the Commission's Rules regarding channel allotment matters. As used herein, the term ``DTV stations'' here includes DTV allotments, authorized or requested increases in DTV allotment facilities and proposals for new or modified DTV allotments. Applying these criteria is consistent with the Commission action in the Memorandum Opinion and Order on Reconsideration of the
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  • statements contained in the petition were accurate to the best of its knowledge. Section 1.52 of the Commission's Rules require that the original of any document filed with the Commission by a party not represented by counsel be signed and verified by the party and his/her address stated. In the absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. See also Amendment of Sections 1.420 and 73.3584 of the Commission's Rules Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3911, 3919, n.41 (1990). The petitioner is requested to rectify this omission
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  • PETITION FOR RULEMAKING TO REFORM REGULATION OF INCUMBENT LOCAL EXCHANGE CARRIER RATES FOR INTERSTATE SPECIAL ACCESS SERVICES RM No. 10593 Comments Due: December 2, 2002 Reply Comments Due: December 23, 2002 On October 15, 2002, AT&T Corp. (AT&T) filed a Petition for Rulemaking to Reform Regulation of Incumbent Local Exchange Carrier Rates for Interstate Special Access Services, pursuant to section 1.401 of the Commission's rules. According to AT&T, large incumbent local exchange carriers (ILECs) retain pervasive market power in the provision of special access services. AT&T alleges that these carriers are abusing that market power with ``patently unjust and unreasonable rates'' that ``severely harm both local and long distance competition.'' AT&T states that the Commission's existing rules are not capable of
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  • 2002 WIRELINE COMPETITION BUREAU SEEKS COMMENT ON NECA'S PETITION FOR RULEMAKING TO ADJUST THE APPLICATION OF END USER COMMON LINE CHARGES ON CERTAIN T-1 EXCHANGE ACCESS SERVICES RM No. 10603 Comments Due: December 2, 2002 Reply Comments Due: December 12, 2002 On September 26, 2002, the National Exchange Carrier Association, Inc. (NECA) filed a Petition for Rulemaking, pursuant to section 1.401 of the Commission's rules, requesting that the Commission revise its rules to permit the assessment of no more than to five End User Common Line (EUCL) charges on customer-ordered exchange access service provisioned using digital, high capacity T-1 interfaces. NECA seeks a rule change only where the customer, as opposed to the local exchange carrier, provides channel terminating equipment. NECA
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  • above, we conclude that the request in the above-captioned petition for rulemaking is unnecessary in light of the existing rules, and does not warrant further consideration at this time. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rulemaking filed by Alan Dixon and Robert K. Leef, RM-10312, on April 24, 2001, IS HEREBY DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Kathleen O'Brien Ham Deputy Chief, Wireless
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  • (Fourth Reconsideration Order). In both Orders, the Commission found that entities must be `` telecommunications carriers'' in order to receive direct reimbursement from universal service mechanisms, and the term `` telecommunications carrier'' is limited to those carriers that offer telecommunications on a common carriage basis. Universal Service Order at 9177-78, 9084-90; Fourth Reconsideration Order at 5413-14. See 47 C.F.R. � 1.401. Federal Communications Commission DA 02-427 Federal Communications Commission DA 02-427 � 8 I 8
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  • statements contained in the petition were accurate to the best of its knowledge. Section 1.52 of the Commission's Rules require that the original of any document filed with the Commission by a party not represented by counsel be signed and verified by the party and his/her address stated. In the absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. The Petitioner is requested to rectify this omission in its comments. 4. Accordingly, we seek comment on the proposed amendment of the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, with
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  • we can improve public warning in general and the EAS in particular at that point. In the meantime, we find it premature to engage in a rulemaking pertaining to one subpart of the EAS. Accordingly, IT IS ORDERED that, pursuant to Sections 4, 303(r), 624(g), and 706 of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.401(e) of the Rules, Lawson Associates's Petition for Rulemaking (RM-10425) IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau See 47 C.F.R. �� 11.1-11.61. . Public Notice, Report No. 2544 (released Apr. 23, 2002); Commenters included the American Cable Association (supports Petition), BekTek, Inc. (opposes Petition), Michael Black (opposes Petition), and Lawson (supports Petition). See 47 C.F.R.
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  • Petitions demonstrates that any changes to the Commission's Rules are needed at this time. Based on the record before us, we find the proposals unduly burdensome with no demonstrated public benefit. Consequently, we deny the captioned Petitions. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.401(c) and (e) of the Commission's Rules, 47 C.F.R. �� 1.401(c) and (e), the Petitions for Rule Making filed by Dale E. Reich on November 26, 2002, ARE DENIED. This action is taken pursuant to delegated authority granted under the provisions of Sections 0.131(a) and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131(a) and 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R.
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  • the public interest and do not demonstrate how the public will benefit from such rule changes. Additionally, Reich's Petitions do not set forth the text or substance of any proposed rule change. Consequently, we dismiss Reich's Petitions. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.401(c) and (e) of the Commission's Rules, 47 C.F.R. �� 1.401(c) and (e), the Petitions for Rule Making filed by Dale E. Reich ARE DENIED. This action is taken pursuant to delegated authority granted under the provisions of Sections 0.131(a) and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131(a) and 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety
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  • changes would further the public interest and how the general public would significantly benefit from such rule changes. Additionally, the Petition is an untimely request for reconsideration of a previous Commission decision. Consequently, we deny the Petition. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), the Petition for Rule Making filed by Paul Amestoy, Alan Dixon, and Robert K. Leef IS DENIED. This action is taken pursuant to delegated authority granted under the provisions of Sections 0.131(a) and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131(a), 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety
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  • such applications sooner than under the Petition's proposal, which would require substantial and uncertain legislative and regulatory steps. Finally, to the extent that Northrop identifies specific public safety frequencies that could support its proposed systems, we note that our action is taken without prejudice to advancing a specific proposal to adjust the rules for such bands. Accordingly, pursuant to Section 1.401(e) of the Commission's rules, the Petition for Rulemaking submitted by Northrop Grumman Information Technology on April 21, 2003, is hereby dismissed without prejudice. This action is taken pursuant to authority delegated by Sections 0.331 of the Commission's rules, 47 C.F.R. �� 0.331. Sincerely, John B. Muleta, Chief Wireless Telecommunications Bureau Edmond J. Thomas, Chief Office of Engineering and Technology Petition
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  • a paper-filed, Petition for Rulemaking to amend the FM Table of Allotments, Section 73.202(b), on or before November 21, 2003. This filing deadline will be strictly enforced. Petitions must be filed with the Office of the Secretary, Federal Communications Commission, 445 Twelfth Street, S.W., Room TW-A325, Washington, D.C. 20554, and must comply with the applicable provisions of 47 C.F.R. Section 1.401. In addition, applicants are encouraged to deliver a courtesy copy to Rolanda F. Smith, Audio Division, Room 2-B450, 445 12th Street SW, Washington, D.C. 20554. Petitions for Rulemaking can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. Petitioners are cautioned, however, that the Commission continues to experience delays
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  • Ahoskie, Gatesville, and ) Nashville, North Carolina) ) NOTICE OF PROPOSED RULE MAKING Adopted: November 12, 2003 Released: November 14, 2003 Comment Date: January 5, 2004 Reply Date: January 20, 2004 By the Assistant Chief, Audio Division: 1. The Audio Division has before it for consideration a Petition for Rule Making filed by Joyner Radio, Inc. (``Petitioner''), pursuant to Sections 1.401 and 1.420(i) of the Commission's Rules. Petitioner requests the reallotment of Channel 260C3 from Chase City, Virginia to Creedmoor, North Carolina, and the modification of the license of Station WFXQ(FM) accordingly. In order to facilitate the reallotment of Channel 260C3 at Creedmore, Petitioner requests the substitution of Channel 257A for Channel 259A at Nashville, North Carolina, and the modification of
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  • NOTICE OF PROPOSED RULE MAKING Adopted: December 3, 2003 Released: December 8, 2003 Comment Date: January 30, 2004 Reply Date: February 17, 2004 By the Assistant Chief, Audio Division: 1. The Audio Division has before it for consideration a Petition for Rule Making filed by RTG Radio, LLC (``Petitioner''), licensee of Station WKAA(FM), Channel 249A, Ocilla, Georgia, pursuant to Sections 1.401 and 1.420(i) of the Commission's Rules. Petitioner requests the substitution of Channel 250A for Channel 249A at Ocilla, Georgia, the reallotment of Channel 250A to Ambrose, Georgia, and the modification of the license of Station WKAA(FM) accordingly. Petitioner states that it will apply for Channel 250A when allotted to Ambrose, and further states that it will construct the facilities if
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  • OF PROPOSED RULE MAKING Adopted: December 3, 2003 Released: December 8, 2003 Comment Date: January 30, 2004 Reply Date: February 17, 2004 By the Assistant Chief, Audio Division: 1. The Audio Division has before it for consideration a Petition for Rule Making filed by Tennessee Valley Radio, Inc. (``Petitioner''), licensee of Station WUSX(FM), Channel 227C1, Tullahoma, Tennessee, pursuant to Sections 1.401 and 1.420(i) of the Commission's Rules. Petitioner requests the substitution of Channel 227C2 for Channel 227C1 at Tullahoma, Tennessee, the reallotment of Channel 227C2 to New Market, Alabama, and the modification of the license of Station WUSX(FM) accordingly. Petitioner states that it will apply for Channel 227C2 when allotted to New Market, and further states that, it will construct the
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  • OF PROPOSED RULE MAKING Adopted: December 3, 2003 Released: December 8, 2003 Comment Date: January 30, 2004 Reply Date: February 17, 2004 By the Assistant Chief, Audio Division: 1. The Audio Division has before it for consideration a Petition for Rule Making filed by Caldwell Broadcasting, LLC (``Petitioner''), licensee of Station KKSY(FM), Channel 296C3, Bald Knob, Arkansas, pursuant to Sections 1.401 and 1.420(i) of the Commission's Rules. Petitioner requests the reallotment of Channel 296C3 to Greenbrier, Arkansas, and the modification of the license of Station KKSY(FM) accordingly. Petitioner states that it will apply for Channel 296C3 when allotted to Greenbrier and further states that it will construct the facilities if the application is granted. 2. Petitioner states that it desires to
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  • statements contained in the petition were accurate to the best of its knowledge. Section 1.52 of the Commission's Rules require that the original of any document filed with the Commission by a party not represented by counsel be signed and verified by the party and his/her address stated. In the absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. See also Amendment of Sections 1.420 and 73.3584 of the Commission's Rules Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3911, 3919, n.41 (1990). The petitioner is requested to rectify this omission
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  • 03-622 RM-10666 March 6, 2003 MEDIA BUREAU SEEKS COMMENT ON NATIONAL TRANSLATOR ASSOCIATION'S PETITION FOR RULEMAKING TO ESTABLISH A RURAL TRANSLATOR SERVICE Comments Due: 60 days from publication in the Federal Register Reply Comments Due: 90 days from publication in the Federal Register On November 6, 2002, the National Translator Association (NTA) filed a Petition for Rulemaking, pursuant to section 1.401 of the Commission's rules, requesting that the Commission amend its rules to establish a ``Rural Translator Service.'' NTA asserts that implementation of this service will help to ensure the delivery of broadcast services to rural areas. According to NTA, the Commission's goals of transitioning broadcast television from analog to digital service, providing for availability and attendant benefits of high definition
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  • statements contained in the petition were accurate to the best of its knowledge. Section 1.52 of the Commission's Rules require that the original of any document filed with the Commission by a party not represented by counsel be signed and verified by the party and his/her address stated. In the absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. The Petitioner is requested to rectify this omission in its comments. 4. Accordingly, we seek comment on the proposed amendment of the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, with
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  • the flexibility to decide whether FRS is an appropriate means of satisfying any of their daily business communications needs, based on their particular circumstances and requirements. Accordingly, we deny the ITA Petition. IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 154(j), and 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), the petition for rulemaking filed by the Industrial Telecommunications Association, Inc., RM-10564, on August 22, 2002, IS HEREBY DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Critical
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  • contained in his petition were accurate to the best of his knowledge. Section 1.52 of the Commission's rules requires that the original of any document filed with the Commission by a party not represented by counsel must be signed and verified by the party and his/her address stated. In the absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's rules concerning rule-making proceedings places petitioners on notice that their proposal must conform to the requirements of Section 1.52 regarding subscription and verification. See also Amendment of Section 1.420 and 73.3584 of the Commission's Rules Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3911, n.41 (1990). Petitioner is requested to rectify this omission in his comments.
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  • statements contained in the petition were accurate to the best of its knowledge. Section 1.52 of the Commission's Rules require that the original of any document filed with the Commission by a party not represented by counsel be signed and verified by the party and his/her address stated. In the absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. See also Amendment of Sections 1.420 and 73.3584 of the Commission's Rules Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3911, 3919, n.41 (1990). SSR Communications Incorporated is requested to rectify this
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  • 9 (1988) (indicating that the one unicom per airport restriction ``was considered necessary for reasons of flight safety and potential interference''). Petition at 2 (stating that ``[b]ecause of significant UNICOM flight safety issues, and accident history, the FCC should take this opportunity to examine some possible long-term solution in conjunction with the FAA''). Id. at 3. See 47 C.F.R. � 1.401 See, e.g., 47 U.S.C. � 301. See 47 C.F.R. � 87.18. (...continued from previous page) (continued....) Federal Communications Commission DA 04-1622 Federal Communications Commission DA 04-1622 �@��� �@��� Q P Q � ' � (c) � � � h h h h h h F � N N X W _ _ �A �
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  • Start Date for FM Broadcast Construction Permits; Auction Rescheduled for November 3, 2004; Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedures,'' 19 FCC Rcd 6907 (WTB/MB 2004). Bidders are also cautioned that currently pending petitions for rulemaking and open rulemaking proceedings may affect the 290 FM allotments scheduled for Auction No. 37. 47 C.F.R. � 1.401(e). The dates for the Form 175 filing window will be announced in a forthcoming auction procedures public notice. See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15975 and n. 153 (1998) (``Broadcast First Report and Order''), on recon., Memorandum Opinion and Order, 14
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  • Rcd 12460 � 2 (1996) (NPRM). . See Memorandum of Understanding [MOU] Between the Department of Justice and the Department of Treasury, April 20, 1994. Petition at 6. PSWN believes that the Commission should incorporate the ICS into its rules stressing the critical role regional planning committees play in establishing ICS communications plans. PSWN Comments at 3. 47 C.F.R. � 1.401(c). See also 47 C.F.R. � 1.407. 107 Pub. L. 296; 116 Stat. 2135, � 502(5). See also Homeland Security Presidential Directive/HSPD-5 (rel. Feb. 28, 2003). Id. APCO recognizes that this proposal may be beyond the Commission's normal area of expertise and jurisdiction. APCO Comments at 2. TIA also questions whether the Commission's rules are the appropriate venue for dictating such
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  • such radio systems present a significant problem, whether by creating enforcement burdens, compromising our regulatory structure, or by presenting harmful interference to other services. Nor does he suggest that the Commission's enforcement processes are inadequate to ensure compliance with the specific rules that prohibit persons lacking the required certification from performing internal repairs or adjustments to such radio equipment. Section 1.401(e) of the Commission's Rules states that petitions that are premature or repetitive, or plainly do not warrant consideration, may be denied or dismissed without prejudice. The Reich petition falls in that category. We require a more substantial basis than unsupported assertions before initiating a rulemaking proceeding. 5. The petition also is procedurally defective. Specifically, Reich does not provide the text
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 04-37 RM-10836 Released: January 9, 2004 MEDIA BUREAU ACTION COMMENT SOUGHT ON ADICorp's petition for rulemaking on emergency vehicle signaling service Comments Due: February 12, 2004 Reply Comments Due: March 3, 2004 On November 19, 2003, Alert Devices International Corporation (``ADiCorp'') filed a Petition for Rulemaking with the Commission pursuant to Section 1.401 of the Commission's rules. This Notice solicits comment on ADiCorp's Petition. The Petition asks the Commission to make changes to Parts 2 and 90 of the Commission's rules to permit use of an Emergency Vehicle Signaling Service (``EVSS''). The purpose of EVSS is to alert motorists that a public safety vehicle is engaged in a nearby emergency response situation. EVSS
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  • Adopted: December 8, 2004 Released: December 10, 2004 Comment Date: January 31, 2005 Reply Comment Date: February 15, 2005 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it for consideration a Petition for Rule Making filed by Capstar TX Limited Partnership (``Petitioner''), licensee of Station WRSN-FM, Channel 230C, Burlington, North Carolina, pursuant to Sections 1.401 and 1.420(i) of the Commission's Rules. Petitioner requests the reallotment of Channel 230C to Cary, North Carolina, and the modification of the license of Station WRSN-FM accordingly. Petitioner states that it will apply for Channel 230C when allotted to Cary and further states that it will construct the facilities as authorized. 2. Petitioner states that it desires to change the
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  • determining that the operation of radar detectors is causing or will cause harmful interference in the Ka band. As a result, SIA has presented no persuasive evidence to warrant consideration of its Petition at this time. In light of the foregoing analysis, the Petition for Rulemaking filed by SIA on May 28, 2003 is dismissed without prejudice pursuant to Section 1.401(e) of the Commission's rules. This action is taken pursuant to authority delegated by Sections 0.331 of the Commission's rules, 47 C.F.R. � 0.331. Sincerely, Julius P. Knapp Deputy Chief Office of Engineering and Technology We note that the petition was filed by then-President of SIA, Mr. Richard DalBello. Mr. Cavossa is Mr. DalBello's successor. Section 1.401(e) of the Commissions rules
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  • statements contained in the petition were accurate to the best of its knowledge. Section 1.52 of the Commission's Rules require that the original of any document filed with the Commission by a party not represented by counsel be signed and verified by the party and his/her address stated. In the absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. See also Amendment of Sections 1.420 and 73.3584 of the Commission's Rules Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3911, 3919, n.41 (1990). Boise Community Radio Project, Inc. is requested to
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  • statements contained in the petition were accurate to the best of its knowledge. Section 1.52 of the Commission's Rules require that the original of any document filed with the Commission by a party not represented by counsel be signed and verified by the party and his/her address stated. In the absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. See also Amendment of Sections 1.420 and 73.3584 of the Commission's Rules Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3911, 3919, n.41 (1990). Northwest Community Radio Project is requested to rectify
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  • Bradshaw or Rudy Bonacci at the Audio Division, Media Bureau at (202) 418-2700. By: Chief, Media Bureau -FCC- ``Auction No. 37 Freezes Announced for FM Minor Change Applications and Certain Rulemaking Filings,'' Public Notice, 19 FCC Rcd 10296 (MB 2004). Any petition or counterproposal proposing a change to an Auction No. 37 FM allotment was dismissed. See 47 C.F.R. � 1.401(e). Following the close of the Auction No. 37 filing window the freeze also included petitions and counterproposals which proposed a change in, or did not fully protect preferred site coordinates specified in Form 175 applications. ``FM Broadcast Construction Permits Auction Closes; Auction No. 37 Winning Bidders Announced; Payment and Application Deadlines Established,'' Public Notice, DA 04-3694 (WTB / MB rel.
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  • 20 FCC Rcd 1021 (WTB/MB 2004). 47 C.F.R. � 73.202(b), Cronin Comments at 1. Austin Comments at 1. Smith Comments at 1. Stratton Comments at 1-2. See Wheatland and Wright, Wyoming, 15 FCC Rcd 20289 (MMB 2000); Strattanville and Farmington Township, Pennsylvania, 15 FCC Rcd 23848 (MMB 2000), recon denied, 17 FCC Rcd 7203 (MB 2002). See 47 C.F.R. �� 1.401(d); 73.202. Itz Comments at 2-3. See Letter to Monte L. Spearman, DA 05-1118, (assessing initial payment on Spearman Properties, LLC for default on winning bids in Auction No. 37 including the Mason, TX allotment). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order in
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  • Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 62,'' Public Notice, DA 05-1598 (WTB/MB rel. June 17, 2005). Bidders are also cautioned that currently pending petitions for rulemaking and open rulemaking proceedings may affect the 172 FM allotments scheduled for Auction No. 62. See Auction No. 62 Procedures Public Notice, ``Due Diligence,'' Section I.B.3. 47 C.F.R. � 1.401(e). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15975 and n. 153 (1998) (``Broadcast First Report and Order''), on recon., Memorandum Opinion and Order, 14 FCC Rcd 8724 (1999), on further recon., Memorandum Opinion and Order, 14 FCC Rcd 12541 (1999). Such conflicts
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  • Auction Procedures for Auction No. 68,'' Public Notice, DA 06-1949 (WTB/MB rel. Oct. 6, 2006) (``Auction No 68 Procedures Public Notice''). Bidders are also cautioned that currently pending petitions for rulemaking and open rulemaking proceedings may affect the nine FM allotments scheduled for Auction No. 68. See Auction No. 68 Procedures Public Notice, ``Due Diligence,'' Section I.B.3. 47 C.F.R. � 1.401(e). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15975 and n. 153 (1998) (``Broadcast First Report and Order''), on recon., Memorandum Opinion and Order, 14 FCC Rcd 8724 (1999), on further recon., Memorandum Opinion and Order, 14 FCC Rcd 12541 (1999). Such conflicts
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  • this proceeding. See Various Locations, Report and Order, 21 FCC Rcd 2231 (MB 2006). See Conflicts Between Applications and Petitions for Rulemaking to Amend the FM Table of Allotments, Report and Order, 7 FCC Rcd 4917 (1992) (``Conflicts''). Auction of FM Broadcast Construction Permits Scheduled for November 1, 2005, 20 FCC Rcd 10492, 10500 (2005), See, e.g., 47 C.F.R. � 1.401(b) (electronic submissions of rulemaking petitions not permitted in broadcast allotment proceedings). We also note that the attachment to the e-mail, apparently containing WRL's comments, was not received at the Commission on July 31, 2006. See Conflicts, 20 FCC Rcd 4917 (1992). See Andalusia, AL, Report and Order, 49 Fed. Reg. 32201, published August 13, 1984 (granting a rulemaking petition for
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  • Auction Procedures for Auction No. 70,'' Public Notice, DA 06-2248 (WTB/MB rel. Nov. 3, 2006) (``Auction No. 70 Procedures Public Notice''). Bidders are also cautioned that currently pending petitions for rulemaking and open rulemaking proceedings may affect the 121 FM allotments scheduled for Auction No. 70. See Auction No. 70 Procedures Public Notice, ``Due Diligence,'' Section I.B.3. 47 C.F.R. � 1.401(e). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15975 and n. 153 (1998) (``Broadcast First Report and Order''), on recon., Memorandum Opinion and Order, 14 FCC Rcd 8724 (1999), on further recon., Memorandum Opinion and Order, 14 FCC Rcd 14521 (1999). Such conflicts
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  • that the spectrum it seeks has been designated to be auctioned for commercial purposes and indicates that it ``has committed itself to pursuing legislative relief.'' As such, the Commission has no authority to take further action on the request at this time, and will dismiss the Petition without prejudice, leaving the docket open. ACCORDINGLY, IT IS ORDERED, pursuant to Section 1.401(e) of the Commission's rules, and pursuant to authority delegated by Sections 0.191(f) and 0.392 of the Commission's rules, that the Petition for Rulemaking filed by Cyren Call Communications Corporation on April 27, 2006, is hereby DISMISSED without prejudice. FEDERAL COMMUNICATIONS COMMISSION Kenneth P. Moran, Acting Chief Public Safety and Homeland Security Bureau Petition for Rulemaking of Cyren Call Communications Corporation,
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  • Prevention Act and the Commission's numerous rulemaking proceedings to implement the TCPA since 1992, a rulemaking proceeding to address the EBR exemption is neither necessary nor appropriate. Accordingly, we deny the Petition for Rulemaking. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C � 154(i), and Section 1.401(e) of the Commission's rules, 47 C.F.R. � 1.401(e), the Petition for Rulemaking filed September 1, 2005, by Starkle Ventures, LLC, IS DENIED. This action is taken under delegated authority pursuant to Sections 0.141 and 0.361 of the Commission's Rules, 47 C.F.R. �� 0.141 and 0.361. Federal Communications Commission Catherine W. Seidel Chief, Consumer & Governmental Affairs Bureau Junk Fax Prevention
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  • AND ORDERING CLAUSES We find, based on the circumstances presented , that E&K has not justified its proposed rule changes because it does not appear that there is a substantial need for the change at this time. Accordingly, we deny the Petition. ACCORDINGLY, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Section 1.401 of the Commission's Rules, 47 C.F.R. � 1.401, that the Petition for Rulemaking filed by Edwards and Kelcey, Inc. on November 17, 1999 IS DENIED. These actions are taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Cathleen A. Massey Deputy Chief, Wireless Telecommunications Bureau APPENDIX List
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  • 81 (1995) (Refarming Report and Order). Id. at 10117 � 87. Id. To the extent that MDS believes, as it suggests in its waiver request, that the emission mask requirements of Section 90.210 should be reexamined as a general matter, we believe that the more appropriate vehicle for such relief would be through a rulemaking proceeding, see 47 C.F.R. � 1.401, particularly given that the Commission last examined this type of issue in the context of a rulemaking. See Refarming Report and Order, 10 FCC Rcd at 10117 � 81. Federal Communications Commission DA 07-282 Federal Communications Commission DA 07-282 � 2 C G H � h�? � 0 zj �( �, .; �? |x � K ~ Q } �
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  • January 19, 2007. Revision of FM Table of Allotment Procedures, 71 Fed. Reg. 76208 (Dec. 20, 2006) (``Report and Order''). However, consistent with previous FM auction policy, we will permit each winning bidder for an Auction No. 68 FM allotment to propose a minor modification to its own assignment when it files the post-auction Form 301 application. 47 C.F.R. � 1.401(e). _ ` $ $ 5 ? A C D N \ ^ (^ ` c h v � � � '' � � � � � � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``�
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  • of the above, we conclude that the requests in the above-captioned petitions for rulemaking are unnecessary in light of the existing rules, and do not warrant further consideration at this time. 10. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rulemaking filed by Murray Green, RM-11346, on December 9, 2005 IS HEREBY DISMISSED WITHOUT PREJUDICE. 11. IT IS FURTHER ORDERED that the petition for rulemaking filed by Glen E. Zook, RM-11347, on May 19, 2006 IS HEREBY DISMISSED WITHOUT PREJUDICE. 12. IT IS FURTHER ORDERED that the petition
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  • because of the encumbrance of site-based paging operations in those markets. They assert that PS entities already have sufficient access to Part 22 commercial spectrum pursuant to Section 337(c) and as a result of the recent relaxation of the eligibility requirements for Part 22 spectrum. As a procedural matter, Concerned Carriers claim the Icom Petition fails to comply with Section 1.401 of the Commission's rules because it does not include either the text or substance of Icom's proposed rule. Based on the record before us, we deny the Petition for several reasons. First, the lack of contiguously available spectrum in the 150 MHz band is such that a wholesale re-designation of certain spectrum in the band as proposed by Icom would
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  • NCVEC QPC. In addition, we note that your concern about disparate treatment of Spanish speakers appears to be based on speculation. The petition presents no evidence of an existing problem meriting a rule change. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), the petition for rulemaking filed on March 17, 2006 by Victor Madera IS DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau 47 C.F.R. �
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  • to specific technical guidelines, would not be consistent with that concern. We conclude, therefore, that the petition presents no evidence of an existing problem that has not been considered before or other evidence meriting a rule change. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), the petition for rulemaking filed July 21, 2006 by Hams for Action IS DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau Petition for Rulemaking
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  • we conclude that the petition has not set forth sufficient reasons for the Commission to propose to amend Section 97.205(b) to allow repeater stations to transmit in the 145.5-145.8 MHz frequency segment. Consequently, we deny the Petition. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), the Petition for Rule Making filed on October 10, 2007 by Ken D. Chafin and Leon J. Brown IS DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division
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  • which is of dubious relevance - that the Commission's RF exposure standards are incorrect or inadequate. To the extent that the objectors believe that recent studies indicate that there are more significant effects of long-term low-level exposure to RF radiation from broadcast facilities, these suggestions are more appropriately raised in a petition for rulemaking with the Commission pursuant to Section 1.401 of the Rules or with other expert agencies upon which the Commission relies rather than in a fact-specific adjudicatory proceeding such as this. The institution of a notice-and-comment rulemaking under the Administrative Procedure Act, if warranted, would allow for the development of a complete record on which the Commission could make an informed determination regarding the sufficiency of its RF
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  • WIRELESS CARRIERS AND HANDSET MANUFACTURERS RM No. 11497 Comments Due: [40 days after publication in the Federal Register] Reply Comments Due: [60 days after publication in the Federal Register] On May 20, 2008, the Rural Cellular Association (``Petitioner'') filed a petition for rulemaking (``Petition''). ``Pursuant to Sections 1, 4(i), 201(b), 202(a), 303(r), and 307(b) of the Communications Act, and Section 1.401 of the Commission's rules,'' the Petitioner asks the Commission to ``initiate a rulemaking to investigate the widespread use and anticompetitive effects of exclusivity arrangements between commercial wireless carriers and handset manufacturers, and, as necessary, adopt rules that prohibit such arrangements when contrary to the public interest.'' The Wireless Telecommunications Bureau seeks comment on the Petition. Interested parties may file comments
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  • required to accept RO data for RPUs. Accordingly, at this juncture, the Bureau has only upgraded ULS to receive RO data for TVPU operations. Procedural matters. In view of the foregoing, the Petition for Rulemaking filed by the Society of Broadcast Engineers, Inc. on September 6, 2006, is GRANTED to the extent indicated above and otherwise DENIED, pursuant to Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e). This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, and 0.331. . You may also call the FCC Support Center at (877) 480-3201 (TTY (717) 338-2824) and Select Option #2, Forms or Licensing Assistance. Hours are from 8:00 a.m. to
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  • sensors becoming unintentionally disconnected, thereby enhancing the safety, quality and mobility of patient care. GEHC thus requests that the Commission issue a further rule making notice in order to consider its proposal. Although the GEHC submission is styled as an ex parte comment, we conclude that it provides sufficient basis to be treated as a petition for rulemaking under Section 1.401 of the Commission's rules. Among other factors, it sets forth a comprehensive proposal for a new allocation in a specific frequency band and for service rules for a new Medical Body Area Network Service under Part 95, issues that are not presently under consideration in the MedRadio Proceeding. Thus, in order for the Commission to determine if there are sufficient
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  • in the Purple Rulemaking Petition is currently the subject of a criminal investigation. Therefore, we decline to address the other issues raised in the Petition for Rulemaking, which remain pending. Accordingly, IT IS ORDERED that, pursuant to the authority contained in Section 225 of the Communications Act of 1934, as amended, 47 U.S.C. � 225, and Sections 0.141, 0.361, and 1.401 of the Commission's rules, 47 C.F.R. �� 0.141, 0.361 & 1.401, this Order IS hereby ADOPTED. IT IS FURTHER ORDERED that the Purple Rulemaking Petition IS DISMISSED IN PART to the extent provided herein. IT IS FURTHER ORDERED that this Order be effective upon release. . FEDERAL COMMUNICATIONS COMMISSION Catherine W. Seidel, Chief Consumer and Governmental Affairs Bureau Pub. L.
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  • power, INTERSTITIAL 12.5 Khz channels in the 800 mhz band RM-11572 Comment Date: November 9, 2009 Reply Comment Date: November 24, 2009 The Public Safety and Homeland Security Bureau and Wireless Telecommunications Bureau (the Bureaus) invite public comment on the petition for rulemaking submitted on April 29, 2009, by Enterprise Wireless Alliance (EWA). EWA petitions the Commission, pursuant to Section 1.401 of the Commission's Rules, to initiate a rulemaking procedure to revise the channel plan for the 800 MHz band. Specifically, EWA requests that the Commission assign new, full-power, interstitial 12.5 kHz bandwidth channels between currently authorized 25 kHz bandwidth channels in the 809-816 MHz/854-861 MHz sub-bands. EWA asserts that the creation of new 12.5 kHz bandwidth channels will provide greater
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2183A1_Rcd.pdf
  • NEW, FULL POWER, INTERSTITIAL 12.5 KHZ CHANNELS IN THE 800 MHzBAND RM-11572 Comment Date: November 9, 2009 Reply Comment Date: November 24, 2009 The Public Safety and Homeland Security Bureau and Wireless Telecommunications Bureau (the Bureaus) invite public comment on the petition for rulemaking submitted on April 29, 2009, by Enterprise Wireless Alliance (EWA).1EWA petitions the Commission, pursuant to Section 1.401 of the Commission's Rules,2to initiate a rulemaking procedure to revise the channel plan for the 800 MHz band.3Specifically, EWA requests that the Commission assign new, full-power, interstitial 12.5 kHz bandwidth channels between currently authorized 25 kHz bandwidth channels in the 809-816 MHz/854- 861 MHz sub-bands.4EWA asserts that the creation of new 12.5 kHz bandwidthchannels will provide greater spectrum efficiency, permit
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  • sentence description of the views and arguments presented generally is required. Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in section 1.1206(b) of the Commission's rules. For further information, please contact Gary Seigel, Telecommunications Access Policy Division, Wireline Competition Bureau at 202-418-7400 or TTY 202-418-0484. - FCC - See 47 C.F.R � 1.401; National Cable & Telecommunications Association, Reducing Universal Service Support in Geographic Areas that are Experiencing Unsupported Facilities-Based Competition, Petition for Rulemaking, GN Docket No. 09-51 and WC Docket No. 05-337 (filed Nov. 5, 2009) (Petition). See Petition at 1. 47 C.F.R. �� 1.1200 et seq. See 47 C.F.R. � 1.1206(b)(2). 47 C.F.R. � 1.1206(b). PUBLIC NOTICE News Media Information 202
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  • rule cannot be addressed by enforcement of the present rule rather than a rule change. We conclude that the Petition presents no evidence meriting a rule change. Accordingly, we dismiss the Petition. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rulemaking filed by Glen E. Zook on April 7, 2009, IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau Bcc:
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  • present rule cannot be addressed by enforcement of the present rule rather than a rule change.11 We conclude that the Petition presents no evidence meriting a rule change.Accordingly, we dismiss the Petition. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rulemaking filed by Glen E. Zook on April 7, 2009, IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau 8SeeChanges
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  • rulemaking and request for Declaratory Ruling FileD BY THE COalition United to terminate financial Abuses of the Television Transition, LLC MB Docket No. 09-23 Comment Date: April 27, 2009 Reply Comment Date: May 27, 2009 The Coalition United to Terminate Financial Abuses of the Television Transition, LLC (``CUT FATT'' or ``petitioner''), has filed a petition for rulemaking pursuant to Section 1.401of the Commission's rules and a request for declaratory ruling pursuant to Section 154(i) of the Communications Act of 1934, as amended (the ``Act''). In the petition for rulemaking, CUT FATT seeks a modification of the Commission's rules and policies regarding digital television patent licensing. In the request for declaratory ruling, CUT FATT requests that the Commission declare that it will
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  • website, and the information in the database is available through many other databases and in other media. We conclude, therefore, that the petition presents no evidence of an existing problem or other evidence meriting a rule change. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), the petition for rulemaking filed January 23, 2008 by Thomas J. Baldwin IS DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau Petition by Thomas
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-849A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-849A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-849A1.txt
  • Upfront Payments and Other Auction Procedures for Auction 79, Public Notice, DA 09-810 (WTB/MB rel. April 17, 2009) (``Auction 79 Procedures Public Notice''). Bidders are also cautioned that currently pending petitions for rulemaking and open rulemaking proceedings may affect the 122 FM allotments scheduled for Auction 79. See Auction 79 Procedures Public Notice, ``Due Diligence,'' Section I.B.3. 47 C.F.R. � 1.401(e). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15975 and n.153 (1998) (``Broadcast First Report and Order''), on recon., Memorandum Opinion and Order, 14 FCC Rcd 8724 (1999), on further recon., Memorandum Opinion and Order, 14 FCC Rcd 14521 (1999). Such conflicts may
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1044A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1044A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1044A1.txt
  • reason to revisit the Commission's decision in 1989 not to change the basis and purpose of the amateur service. Consequently, we conclude that the Petition presents no evidence meriting a rule change. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rulemaking filed by Gordon Schlesinger on September 22, 2009, IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1044A1_Rcd.pdf
  • reason to revisit the Commission's decision in 1989 not to change the basis and purpose of the amateur service. Consequently, we conclude that the Petition presents no evidence meriting a rule change. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rulemaking filed by Gordon Schlesinger on September 22, 2009, IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau 6See Reorganization
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  • that radars operate only on moving vehicles is overly restrictive. It requests that the Commission relax this requirement and proposes several alternative approaches for modifying the rule to allow fixed radar use, primarily at airports. Although Era's submission is styled as a comment, we find that it provides sufficient basis to be treated as a petition for rulemaking under Section 1.401 of the Commission's rules. Among other factors, it sets forth specific proposals for modification of an existing rule section under Part 15. In order for the Commission to determine if there are sufficient reasons for instituting a rulemaking proceeding, we are treating the Era comment as a petition for rulemaking and seek comment on Era's request. We deem this proceeding,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1464A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1464A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1464A1.txt
  • from transmitting false identification, we conclude that the rules already address the misuse of amateur call signs to the appropriate extent, and that your Petition presents no grounds for amending Part 97. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rulemaking filed by Eric Hilding on November 13, 2009, IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau See Petition
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1464A1_Rcd.pdf
  • stations from transmitting false identification,3we conclude that the rules already address the misuse of amateur call signs to the appropriate extent, and that your Petition presents no grounds for amending Part 97. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rulemaking filed by Eric Hilding on November 13, 2009, IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau 1See Petition
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1465A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1465A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1465A1.txt
  • current amount of spectrum in the 15 m band available for voice communications is inadequate. Consequently, we conclude that the rule change you request is not necessary. Accordingly, we dismiss the Petition. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rulemaking filed by Richard Ebeling on December 15, 2009, IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau See Petition
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1465A1_Rcd.pdf
  • emissions in the 75 m and 40 m amateur bands. See Report and Order, 21 FCC Rcd at 11650 � 12. Additionally, we note that since the 10700 Mr. Richard Ebeling . Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rulemaking filed by Richard Ebelingon December 15, 2009, IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau Incentive Licensing decision
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  • Commission must revise its policy barring the grant of more than one application in a mutually exclusive group. The G/S Proposal suggests a method for granting additional applications in a mutually exclusive group. G/S' criticisms of the current policy and its suggested revisions to that policy should be raised in a petition for rulemaking with the Commission, pursuant to Section 1.401 of the Rules. The institution of a notice-and-comment rulemaking under the Administrative Procedure Act, if warranted, would allow the Commission to develop a complete record from which it could make an informed determination regarding G/S' proposals. Moreover, we note that the Commission determined, through notice-and-comment rulemaking procedures, that MX NCE applications ``will be processed and assessed points to determine the
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  • GRANTED DIRECT ACCESS TO THE COMMISSION'S NETWORK OUTAGE REPORTING SYSTEM RM-11588 ET Docket No. 04-35 Comment Date: March 4, 2010 Reply Date: March 19, 2010 The Public Safety and Homeland Security Bureau invites public comment on the petition for rulemaking filed on November 12, 2009, by the California Public Utilities Commission (``CPUC''). The CPUC petitions the Commission, pursuant to Section 1.401 of the Commissions rules, requesting that the Federal Communications Commission (Commission or FCC) grant state public utilities commissions direct access to the Commission's Network Outage Reporting System (NORS) database. The CPUC also informally requests, pursuant to Section 1.41 of the Commission's rules, that the Commission act to allow the CPUC password-protected access to the NORS database that is ``limited to
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  • Upfront Payments and Other Auction Procedures for Auction 91, Public Notice, DA 10-2253 (WTB/MB rel. Dec. 3, 2010) (``Auction 91 Procedures Public Notice''). Bidders are also cautioned that currently pending petitions for rulemaking and open rulemaking proceedings may affect the 144 FM allotments scheduled for Auction 91. See Auction 91 Procedures Public Notice, ``Due Diligence,'' Section I.B.3. 47 C.F.R. � 1.401(e). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15975 and n.153 (1998) (``Broadcast First Report and Order''), on recon., Memorandum Opinion and Order, 14 FCC Rcd 8724 (1999), on further recon., Memorandum Opinion and Order, 14 FCC Rcd 14521 (1999). Such conflicts may
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2365A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2365A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2365A1.txt
  • Video Division Media Bureau Yuma, Arizona, 17 FCC Rcd 12712 (MB 2002). 47 C.F.R. � 73.622(b). DTV Delay Act, Pub.L.No. 111-4, 123 Stat. 112 (2009). 47 C.F.R. � 73.622(i). Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service, Seventh Report and Order and Eighth Further Notice of Proposed Rulemaking, 22 FCC Rcd 15581, �1 (2007). 47 C.F.R. �1.401(e). Federal Communications Commission DA 08- Federal Communications Commission DA 10-2365 " , , O e � � � � $ #0 ,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 10-474 Released: March 19, 2010 MEDIA BUREAU ACTION MEDIA BUREAU SEEKS COMMENT ON A PETITION FOR RULEMAKING TO AMEND THE COMMISSION'S RULES GOVERNING RETRANSMISSION CONSENT MB Docket No. 10-71 Comment Date: April 19, 2010 Reply Comment Date: May 4, 2010 Fourteen entities filed a petition for rulemaking on March 9, 2010 pursuant to Section 1.401 of the Commission's rules, requesting that the Commission amend and supplement its retransmission consent rules. The petition argues that the Commission's current retransmission consent rules do not account for changes in the video programming distribution market, and it proposes reforms including dispute resolution mechanisms and mandatory interim carriage. We seek comment on this petition. This proceeding will be treated as
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  • when it granted the modification application consistent with the Rules; it contends that the Rules themselves should be changed. A petition for reconsideration is an inappropriate pleading for seeking a rule change. If Florida sought to have the Rules changed in the manner set out in its Petition, it should have submitted a petition for rule making pursuant to Sections 1.401 et seq. of the Rules. Had we not found Florida's Petition procedurally defective, we would have denied it on substantive grounds. In its cited waiver requests to use offset channels, Florida stated that it was the licensee of the channels above and below the offset channels and had configured its network so that 12.5 kHz offset operation would not result
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  • have determined that your proposal is not in the public interest because it would greatly increase the potential for interference between AM stations and would undermine the Commission's efforts to improve the AM service. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), the petition for rulemaking filed April 13, 2010, by Richard F. Arsenault IS DENIED. This action is taken under delegated authority pursuant to Sections 0.61 and 0.283 of the Commission's Rules, 47 C.F.R. �� 0.61 and 0.283. FEDERAL COMMUNICATIONS COMMISSION William T. Lake Chief, Media Bureau See Review of the Technical Assignment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1315A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1315A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1315A1.txt
  • to the amateur service than to other communications services. We conclude, therefore, that the petition presents no evidence of an existing problem that has not been considered before, or other evidence meriting a rule change. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rulemaking filed May 25, 2011, by Bernard J. Parker IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1315A1_Rcd.pdf
  • apply to the amateur service than to other communications services. We conclude, therefore, that the petition presents no evidence of an existing problem that has not been considered before, or other evidence meriting a rule change. Accordingly, ITIS ORDERED, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rulemaking filed May 25, 2011, by Bernard J. Parker IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau 6See Petition
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1770A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1770A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1770A1.txt
  • of FM Broadcast Construction Permits Scheduled for March 27, 2012; Comment Sought on Competitive Bidding Procedures for Auction 93, Public Notice, DA 11-1513 (WTB/MB rel. Sept. 12, 2011) (``Auction 93 Comment Public Notice''). Bidders are also cautioned that currently pending petitions for rulemaking and open rulemaking proceedings may affect the 123 FM allotments scheduled for Auction 93. 47 C.F.R. � 1.401(e). E F � E $ E F ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-562A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-562A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-562A1.txt
  • Released: March 28, 2011 MEDIA BUREAU ACTION MEDIA BUREAU SEEKS COMMENT ON A PETITION FOR RULEMAKING AND REQUEST FOR LICENSING FREEZES RM-11626 Comment Date: April 27, 2011 Reply Comment Date: May 12, 2011 CTIA - the Wireless Association and the Rural Cellular Association filed a Petition for Rulemaking and Request for Licensing Freezes on March 15, 2011, pursuant to Section 1.401 of the Commission's rules, requesting that the Commission: (1) revise its rules to prohibit future licensing of TV broadcast stations on channel 51; (2) implement freezes, effective immediately, on the acceptance, processing, and grant of applications for new or modified broadcast facilities seeking to operate on channel 51; and (3) accelerate clearance of channel 51 where incumbent channel 51 broadcasters
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  • grant to LoJack in the DR&O. We conclude, based on the record in this proceeding, that there is no reason for revisiting the decision to grant LoJack a waiver. Accordingly, we dismiss the Amended Petition. Regarding H&E's suggestion that the Commission amend Section 90.20(e)(6), H&E or any other interested party may file a petition for rulemaking in accordance with Section 1.401 of the Commission's rules. If granted, such a rulemaking proceeding could seek comment on issues including the DTV Channel 7 protection criteria of Section 90.20(e)(6) as well as the applicability of the Digital HDTV Grand Alliance System report to the SVRS-into-DTV Channel 7 scenario. Such a rulemaking proceeding also could provide an opportunity to seek comment on amending the rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-654A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-654A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-654A1.txt
  • that any of the issues from either petition remains relevant, the petitioners are free to raise them as part of our future proceedings pertaining to the Spectrum Act. Accordingly, IT IS ORDERED that, pursuant to the authority granted in Sections 4(i), 302, and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 4(i), 302(a), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), the petitions for rulemaking filed by the National Public Safety Telecommunications Council and the Association of Public-Safety Communications Officials-International, Inc. ARE DISMISSED without prejudice and RM-11527 IS TERMINATED, effective upon issuance of this Order. . FEDERAL COMMUNICATIONS COMMISSION Julius P. Knapp Chief, Office of Engineering and Technology by the National Public Safety
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  • study that, inter alia, examines the effects of such CC&Rs does not change the Commission's existing policy. Because there is no controversy to terminate or uncertainty to remove regarding the enforceability of CC&Rs, we deny your petition. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), the Petition for Declaratory Ruling, or in the Alternative, Informal Request for Commission Action Terminating Controversy filed April 21, 2012 by James Edwin Whedbee IS DENIED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131 and 0.331. FEDERAL COMMUNICATIONS COMMISSION
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  • change or demonstrate that circumstances had changed since 2007 with respect to the adequacy of the current station identification rule. In 2011, you filed the instant petition requesting that Section 97.119(a) be amended to allow the transmission of the call sign to be omitted at the end of a communication when the total communication lasted less than three minutes. Section 1.401(e) of the Commission's Rules provides that petitions for rulemaking that are ``repetitive, frivolous, or which plainly do not warrant consideration by the Commission'' may be dismissed. Your proposal to reinstate the ``3-minute rule'' was dismissed twice in the last five years. Your latest petition sets forth no new facts or changed circumstances warranting further consideration of the proposal. The current
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  • Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, Second Report and Order, 26 FCC Rcd 2556, 2568-69 (2011). 47 U.S.C. � 307(b). Petition at 2. To the extent that ASDA generally alleges that our processes are ``ripe for gamesmanship,'' ASDA may raise this issue in a petition for rulemaking with the Commission, pursuant to Section 1.401 of the Rules. See 47 C.F.R. � 1.401. JSU proposes to provide a new NCE service to 17,896 people; ASDA proposes to provide a new NCE service to 16,052 people. As noted above, the reservation standard is used at the allotment stage, while a Section 307(b) analysis occurs as part of the comparative process in the reserved band. All applications
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  • Company filed revisions to its cost allocation manual in accordance with Section 64.903 of the Commission's rules. Comments due June 23; replies due July 9. Contact: Colleen Nibbe at (202) 418-0388. PN 05/25/01; DA 01-1299 Comp Tel Files Petition for Rulemaking Regarding Presubscribed Interexchange Carrier Charges. Pleading Cycle Established. On May 16, 2001, the Competitive Telecommunications Association pursuant to Section 1.401 of the Commission's Rules, petitioned the Commission to initiate a rulemaking proceeding revising its policies governing the federally-tariffed charges of incumbent local exchange carriers for changing the presubscribed interexchange carrier for end-user subscribers. Comments due June 18; replies due July 2. Contact: Jennifer McKee at 202-418-1530 ENFORCEMENT BUREAU EB 01-66; NPRM 03/20/01 (adopted 03/13/01); FCC 01-88 Amendment of Part 11
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  • Company filed revisions to its cost allocation manual in accordance with Section 64.903 of the Commission's rules. Comments due June 23; replies due July 9. Contact: Colleen Nibbe at (202) 418-0388. PN 05/25/01; DA 01-1299 Comp Tel Files Petition for Rulemaking Regarding Presubscribed Interexchange Carrier Charges. Pleading Cycle Established. On May 16, 2001, the Competitive Telecommunications Association pursuant to Section 1.401 of the Commission's Rules, petitioned the Commission to initiate a rulemaking proceeding revising its policies governing the federally-tariffed charges of incumbent local exchange carriers for changing the presubscribed interexchange carrier for end-user subscribers. Comments due June 18; replies due July 2. Contact: Jennifer McKee at (202) 418-1530 CC 97-213; PN 05/31/01; DA 01-1316 CALEA Section 107(c) Extension Petitions. The wireline
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  • Company filed revisions to its cost allocation manual in accordance with Section 64.903 of the Commission's rules. Comments due June 23; replies due July 9. Contact: Colleen Nibbe at (202) 418-0388. PN 05/25/01; DA 01-1299 Comp Tel Files Petition for Rulemaking Regarding Presubscribed Interexchange Carrier Charges. Pleading Cycle Established. On May 16, 2001, the Competitive Telecommunications Association pursuant to Section 1.401 of the Commission's Rules, petitioned the Commission to initiate a rulemaking proceeding revising its policies governing the federally-tariffed charges of incumbent local exchange carriers for changing the presubscribed interexchange carrier for end-user subscribers. Comments due June 18; replies due July 2. Contact: Jennifer McKee at (202) 418-1530 CC 97-213; PN 05/31/01; DA 01-1316 CALEA Section 107(c) Extension Petitions. The wireline
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  • Telephone Company filed revisions to its cost allocation manual in accordance with Section 64.903 of the Commission's rules. Comments due June 23*; replies due July 9. Contact: Colleen Nibbe at (202) 418-0388. PN 05/25/01; DA 01-1299 CompTel Files Petition for Rulemaking Regarding Presubscribed Interexchange Carrier Charges. Pleading Cycle Established. On May 16, 2001, the Competitive Telecommunications Association, pursuant to Section 1.401 of the Commission's rules, petitioned the FCC to initiate a rulemaking proceeding revising its policies governing the federally-tariffed charges of incumbent local exchange carriers for changing the presubscribed interexchange carrier for end-user subscribers. Comments due June 18*; replies due July 2. Contact: Jennifer McKee at (202) 418-1530. CC 01-117; PN 06/04/01; DA 01-1348 Pleading Cycle Established for Comments on Mpower
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  • Telephone Company filed revisions to its cost allocation manual in accordance with Section 64.903 of the Commission's rules. Comments due June 23*; replies due July 9. Contact: Colleen Nibbe at (202) 418-0388. PN 05/25/01; DA 01-1299 CompTel Files Petition for Rulemaking Regarding Presubscribed Interexchange Carrier Charges. Pleading Cycle Established. On May 16, 2001, the Competitive Telecommunications Association, pursuant to Section 1.401 of the Commission's rules, petitioned the FCC to initiate a rulemaking proceeding revising its policies governing the federally-tariffed charges of incumbent local exchange carriers for changing the presubscribed interexchange carrier for end-user subscribers. Comments due June 18*; replies due July 2. Contact: Jennifer McKee at (202) 418-1530. CC 01-117; PN 06/04/01; DA 01-1348 Pleading Cycle Established for Comments on Mpower
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  • ------------------------------------------------------------------------ -------------- RM NO. RULES SEC. PETITIONER DATE RECEIVED NATURE OF PETITION ------------------------------------------------------------------------ ------------------------------------------------------------------------ -------------- RM-10165 Parts 2 and 97 ARRL, the National 05/07/01 Request Amendment of the Association for Amateur Commission's Rules Regarding the Radio 2300-2305 MHz Band (Filed by Christopher D. Imlay, Booth Freret Imlay & Tepper, P.C. 5101 Wisconsin Avenue, N.W. Suite 307 Washington, D.C. 20016-4120) RM-10166 1.401 AeroAstro, Inc. 04/09/01 Request Amendment of the Commission's Rules regarding (Filed by Mitchell Lazarus, the Co-Primary Allocation of Fletcher, Heald & Hildreth, P.L.C. 2300-2305 MHz to the Amateur 1300 North 17th Street Radio Service and the Miscellaneous 11th Floor Wireless Communications Service Arlington, VA 22209-3801) ------------------------------------------------------------------------ ------------------------------------------------------------------------ -------------- FCC PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C.
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  • 2002 WIRELINE COMPETITION BUREAU SEEKS COMMENT ON NECA'S PETITION FOR RULEMAKING TO ADJUST THE APPLICATION OF END USER COMMON LINE CHARGES ON CERTAIN T-1 EXCHANGE ACCESS SERVICES RM No. 10603 Comments Due: December 2, 2002 Reply Comments Due: December 12, 2002 On September 26, 2002, the National Exchange Carrier Association, Inc. (NECA) filed a Petition for Rulemaking, pursuant to section 1.401 of the Commission's rules, requesting that the Commission revise its rules to permit the assessment of no more than to five End User Common Line (EUCL) charges on customer-ordered exchange access service provisioned using digital, high capacity T-1 interfaces. NECA seeks a rule change only where the customer, as opposed to the local exchange carrier, provides channel terminating equipment. NECA
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  • Power Radio Service, (Filed By Jeremy Denton, Railroad Radio Service, and 1110 N. Glebe Road Automobile Emergency Radio Service. Suite 500 Arlington, VA 22201) ------------------------------------------------------------------------ ------------------------------------------------------------------------ -------------- FCC ITA captioned its filing as an Informal Request for Certification, pursuant to 47 C.F.R. 1.41, but alternatively requested that its filing be treated as a Petition for Rule Making, under 47 C.F.R. 1.401, if a rule making proceeding is necessary. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov +D`� +D`� ���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)�
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  • the rulemaking before AAPC's creation. In addition, even now, the rulemaking process is open to AAPC or any of its members, both of whom are free to petition the FCC for a new rulemaking to challenge-by amendment or repeal-the Low Power Order and, specifically, 14 its authorization of low power operations on the 462 MHz band. See 47 C.F.R. � 1.401 ("[A]ny interested person may petition for the issuance, amendment, or repeal of a rule or regulation."). If in fact the use of the low-power frequencies exposes AAPC's members to increased interference, the denial of a petition for rulemaking based thereon could be subject to review notwithstanding the generous measure of discretion usually afforded an agency in its rulemaking process. See
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  • proposes that the Commission change its policy of authorizing earth stations to use the entire pertinent frequency bands and instead require that an FSS earth station using spectrum shared with point-to-point terrestrial services be licensed to use no more than twice the amount of spectrum for which it is able to demonstrate ``actual need.'' FWCC also petitions, pursuant to Section 1.401 of the Commission's Rules, for amendments to Part 25 of the Commission's Rules that would require FSS earth stations licensed for more than minimal amounts of spectrum shared with FS operators to meet minimum loading standards. Further, FWCC proposes to require all FSS earth stations to accept interference from new terrestrial facilities on the same basis as they accept any
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  • the Matter of ) ) Improved Regulation of Interstate Services ) RM No. _______ Of Non-Price Cap Local Exchange ) Carriers and Interexchange Carriers ) ____________________________________) PETITION FOR RULEMAKING OF THE LEC MULTI-ASSOCIATION GROUP I. INTRODUCTION The Group Requests Adoption Of The Plan Presented Here The LEC Multi-Association Group (the "Group") hereby files this petition for rulemaking pursuant to section 1.401 of the Commission's Rules. In this petition, the Group presents a holistic plan for the Commission's regulation of those incumbent local exchange carriers (``LECs'') not subject to price cap regulation (hereinafter ``non-price cap LECs''). These carriers, many of which belong to one or more of the associations in the Group, include most of the small and mid-sized LECs that serve
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  • the Commission to overturn a coordinator's recommendation); see also id. See Application for Review at 11; Petition for Reconsideration at 3-4. Application for Review at 6-7. Application for Review at 2-6. See 47 C.F.R. � 90.89 (1993). See Lee Richter, 6 FCC Rcd 7565, � 7. See 1986 Report and Order, 103 FCC 2d at 1156. See 47 C.F.R. � 1.401 (governing petition for rulemakings); see Application for Review at 6-7; see Petition for Reconsideration at 3-4. We reiterate that there is no per se right to challenge the grant of a PLMR license and we are addressing this petition only as part of our own public interest inquiry. See, e.g., supra note 23. Application for Review at 7. Application for
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  • of technical services by cable operators to leased access programmers. Specifically, Lorilei requests that the Commission review its rules on technical assistance and modify them to provide for more detailed regulations for the handling of leased access programmers' tapes. The appropriate vehicle for seeking amendment of the Commission's leased access rules is a petition for rulemaking filed pursuant to Section 1.401 of the Commission's rules, rather than an application for review of an adjudication of a commercial leased access dispute. We therefore decline Lorilei's invitation to modify our rules in this proceeding. Finally, Lorilei asserts that Jones' practice of transferring videotaped leased access programming to a master tape for presentation to subscribers degrades and interferes with the content of such programming;
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  • written appearance beyond expiration of said 20 days, the application will be dismissed with prejudice for failure to prosecute. * * * * * 43. Section 1.403 is revised to read as follows: � 1.403 Notice and availability. All petitions for rule making (other than petitions to amend the FM, Television, and Air-Ground Tables of Assignments) meeting the requirements of �1.401 will be given a file number and, promptly thereafter, a ``Public Notice'' will be issued (by means of a Commission release entitled ``Petitions for Rule Making Filed'') as to the petition, file number, nature of the proposal, and date of filing, Petitions for rule making are available at the Commission's Reference Information Center, 445 12th Street, SW, Washington, DC and
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  • FSS earth station is using spectrum that is shared with point-to-point terrestrial services, the Commission should change its policy from authorizing an FSS earth station to use the entire frequency band, to requiring it to use no more than twice the amount of spectrum for which it is able to demonstrate an ``actual need.'' FWCC also petitions, pursuant to section 1.401 of the Commission's rules, for amendments to Part 25 of the Commission's rules, to require that an FSS earth station licensed for more than minimal amounts of spectrum that is shared with an FS operator must meet minimum loading standards. Further, FWCC proposes to require an FSS earth station to accept interference from a new terrestrial facility on the same
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  • on Basic Telecommunications Services (WTO Basic Telecom Agreement) and the United States' commitment to market-opening policies, ``there can no longer be any policy justification for Commission recognition or enforcement of foreign laws . . . intended to restrain U.S. carriers from entering telecommunications markets.'' As a result, TRA requests that the Commission reverse its comity-based call-back policy. Pursuant to Section 1.401 of our rules, we issued a public notice seeking comment on TRA's petition. Nine parties filed comments; seven parties filed reply comments. Several comments support TRA's petition. Others contend that the WTO Basic Telecom Agreement does not justify reversal of the call-back policy, that such a reversal would violate the U.S. Government's commitments under the International Telecommunication Union, and that
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  • U.S.C. �� 154(i), 303(r), 405, and Section 1.2 of the Commission's Rules, 47 C.F.R. � 1.2, that the request for declaratory ruling filed by Warren C. Havens on June 4, 2001 IS DENIED. IT IS FURTHER ORDERED pursuant to Sections 4(i), 303(r), and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), 405, and Section 1.401 of the Commission's Rules, 47 C.F.R. � 1.401, that the petition for rule making filed by Regionet Wireless License, LLC, on May 12, 1999, RM-9664, IS DENIED. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Second Memorandum Opinion and Order and Fifth Report and Order, including the Final Regulatory
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1_Erratum.doc
  • U.S.C. �� 154(i), 303(r), 405, and Section 1.2 of the Commission's Rules, 47 C.F.R. � 1.2, that the request for declaratory ruling filed by Warren C. Havens on June 4, 2001 IS DENIED. IT IS FURTHER ORDERED pursuant to Sections 4(i), 303(r), and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), 405, and Section 1.401 of the Commission's Rules, 47 C.F.R. � 1.401, that the petition for rule making filed by Regionet Wireless License, LLC, on May 12, 1999, RM-9664, IS DENIED. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Second Memorandum Opinion and Order and Fifth Report and Order, including the Final Regulatory
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  • & Conduct Corp. v. Indian Head, Inc., 486 U.S. 492 (1988) (Supreme Court upheld the Sherman Act section 1 liability of a member of a fire safety association for influencing the association to adopt a biased safety code to benefit its product and disfavor competing products). See Section 273 Dispute Resolution Order, 11 FCC Rcd 12955. 47 C.F.R. �� 0.91(b); 1.401; 1.429. See 47 U.S.C. � 601, 604. The Regulatory Flexibility Act has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996). BOC Manufacturing NPRM, Appendix A, 11 FCC Rcd at 21828, para. 5. See 5 U.S.C. � 601, 603 (as amended by SBREFA ). (...continued from
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  • Register following OMB approval, unless a notice is published in the Federal Register stating otherwise. We will, however, permit carriers to implement Part 32 accounting changes as of January 1, 2005. IT IS FURTHER ORDERED that pursuant to sections 1, 4, and 220 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154, and 220, and section 1.401 of the Commission's rules, 47 C.F.R. � 1.401, the Petition of BellSouth, SBC and Verizon for Reconsideration and the SBC Communications, Inc. Petition for Reconsideration are GRANTED in part, to the extent indicated herein, and DENIED in part. IT IS FURTHER ORDERED that pursuant to the authority contained in sections 1, 4(i), 4(j), 201-205, 215, and 218-220 of the Communications
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  • Mobile N.V. to Marlene Dortch, Secretary, FCC, IB Docket 02-324 & 96-261 at 1-2 (dated Mar. 4, 2004) (KPN Mar. 4, 2004 Ex Parte Letter); Letter from Cheryl A. Tritt, Counsel, T-Mobile USA to Marlene Dortch, Secretary, FCC, IB Docket 02-324 & 96-261 at 2 (dated Feb. 2, 2004) (T-Mobile Feb. 2, 2004 Ex Parte Letter). See 47 C.F.R. � 1.401. NTIA Aug. 5, 2003 Ex Parte Letter at 3. The RFA, see 5 U.S.C �� 601-612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). Pub. L. No. 104-121, Title II 110 Stat. 847 (1966). 5 U.S.C. � 605(b). 5 U.S.C. � 601(6). 5 U.S.C. � 601(3) (incorporating by reference the definition of ``small business
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  • balance due process concerns with the Commission's enforcement powers and duties. Kay maintains that, while the Commission is free to disagree with his balancing, the Commission must address each specific proposal and indicate why each proposal lacks merit or would otherwise not be in the public interest. 7. We disagree with Kay's characterization of our responsibilities. Under 47 C.F.R. � 1.401(e), we have broad authority to summarily deny petitions for rulemaking that ``plainly do not warrant consideration.'' See Application for Review of McKinnon Broadcasting Co., 7 FCC Rcd 7554, 7554 n.1 (1992). See also General Motors Corp. v. National Highway Traffic Safety Commission, 898 F.2d 165, 169 (D.C. Cir. 1990) (judicial review of an agency's denial of a petition for rulemaking
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  • accuracy and reliability of the FM database, and enable us to serve the public more efficiently in this regard. While the details of such filings will be fully implemented in later proceedings, we deem it appropriate at this stage to remove any impediments to full implementation of electronic filing. Accordingly, we propose to eliminate the current exception, contained in Section 1.401(b) of our rules, for electronic submission of petitions for rulemaking submitted in broadcast allocations proceedings. We seek comment on this proposal. Also, to the extent that we adopt the proposal to remove the Table from the Commission's rules, we seek comment on whether and how best to enable electronic filing of proceedings to amend the Table. 40. Seek Comment as
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-174A1_Erratum.pdf
  • would have to file a petition for rule making and the Commission would have to initiate a comment cycle and prepare and issue an order, which then would be subject to petitions for reconsideration, applications for review and judicial appeal. The burden on licensees and the Commission, alike, would be substantial and to no advantageous purpose. Cf. 47 C.F.R. �� 1.401-1.407. 85 See 800 MHz R&O, 19 FCC Rcd at 15075-77 � 201. The TA must adhere to the Commission's minimum seventy mile co-channel spacing requirements, except when the applicable technical parameters permit a reduced spacing of up to fifty-five miles, or less than fifty-five miles with the consent of the co-channel licensees. As with the rules for applications for new
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  • extend those benefits to the allocations process. 27. None of the commenters that addressed this proposal opposed it. We remain convinced that electronic filing of allocations submissions will streamline the amendment process, enhance the accuracy and reliability of the FM database, and enable us to serve the public more efficiently. Therefore, we will adopt our proposal to eliminate from Section 1.401(b) of our Rules the prohibition against electronic submission of petitions for rule making in broadcast allocations proceedings. The Media Bureau and Consumer and Governmental Affairs Bureau will announce, by public notice, such procedures as they will devise for submission of broadcast allocations petitions and other documents. We note only that, as these are restricted proceedings, such procedures must provide for
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  • out, rather than immediately eliminating, the requirement in 2002. We then discuss why an extension of the mandate could impede Phase II E911 deployment, as well as the deployment of advanced services to the public, particularly consumers in rural America. The Commission's Authority to Address the Petition for Rulemaking ADV contends that the Petition should be dismissed pursuant to Section 1.401(e), asserting that the analog service requirement applies only to mobile cellular telephones and does not apply to fixed alarm monitoring services. ADV notes that when the Commission adopted the Analog Sunset Order, it determined that fixed devices (specifically, highway call boxes) were beyond the scope of the analog service requirement, and that the Commission is thereby precluded from granting the
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  • of 10 Mbps, 100 Mbps, and 1 Gbps. See Harry Newton, Newton's Telecom Dictionary, 363, 364 (22nd ed., 2006). Thus, depending upon the capacity of service desired by a particular customer, it could well be necessary to purchase excess capacity of a wholesale Ethernet service, as well. See, e.g., Broadview Reply, Attach. 2 at 7-8; see also 47 C.F.R. �� 1.401-1.407 (providing for petitions for rulemaking). Policy and Rules Concerning the Interstate, Interexchange Marketplace, CC Docket No. 96-61, Second Report and Order, 11 FCC Rcd 20730, 20738-68, paras. 14-66 (1996) (IXC Forbearance Order). See Qwest Omaha Order, 20 FCC Rcd at 19434-35, paras. 39, 42. As stated above, we expect ACS to make a showing that adequately addresses cost shifting concerns
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  • and Order, 19 FCC Rcd 21522, 21592, para. 193 (2004). Moreover, we note that Alpheus's concerns regarding the potential for increased incentives for AT&T and Legacy BellSouth to discriminate if their merger was approved were addressed in that proceeding. See AT&T-BellSouth Order, 22 FCC Rcd at 5751-55, paras. 183-89. See, e.g., Broadview Reply at 7-8; see also 47 C.F.R. �� 1.401-1.407 (providing for petitions for rulemaking). See NTCA Comments at 2 (arguing that forbearance will saddle rural areas with obsolete TDM connections for Internet backbone); OPASTCO Comments at 3, 6 (claiming that rural incumbent LECs need access to the Internet backbone based on reasonable and nondiscriminatory rates and terms in order to provide their customers with high-quality, affordable advanced services); NTCA
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-184A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-184A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-184A1.txt
  • Licenses, File Nos. 0001771442 et al., WT Docket No. 04-254; Applications of Triton PCS License Company, LLC, AT&T Wireless PCS, LLC, and Lafayette Communications Company, LLC For Consent to Assignment of Licenses, File Nos. 0001808915 et al., Memorandum Opinion and Order, 19 FCC Rcd 21522, 21592, para. 193 (2004). See, e.g., Broadview Reply at 7-8; see also 47 C.F.R. �� 1.401-1.407 (providing for petitions for rulemaking). See NTCA Comments at 2 (arguing that forbearance will saddle rural areas with obsolete TDM connections for Internet backbone); OPASTCO Comments at 3, 6 (claiming that rural incumbent LECs need access to the Internet backbone based on reasonable and nondiscriminatory rates and terms in order to provide their customers with high-quality, affordable advanced services); c.f.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-168A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-168A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-168A1.txt
  • Licenses, File Nos. 0001771442, et al., WT Docket No. 04-254; Applications of Triton PCS License Company, LLC, AT&T Wireless PCS, LLC, and Lafayette Communications Company, LLC For Consent to Assignment of Licenses, File Nos. 0001808915, et al., Memorandum Opinion and Order, 19 FCC Rcd 21522, 21592, para. 193 (2004). See, e.g., Broadview Reply at 7-8; see also 47 C.F.R. �� 1.401-1.407 (providing for petitions for rulemaking). See NTCA Comments at 2 (arguing that forbearance will saddle rural areas with obsolete TDM connections for Internet backbone); OPASTCO Comments at 3, 6 (claiming that rural incumbent LECs need access to the Internet backbone based on reasonable and nondiscriminatory rates and terms in order to provide their customers with high-quality, affordable advanced services); NTCA
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-222A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-222A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-222A1.txt
  • Rcd 2908 (MB 2001). See Caro and Cass City, Michigan, Report and Order, 16 FCC Rcd 9461 (MB 2001) ( ``Report and Order''), and Caro and Cass City, Michigan, Erratum (MB May 11, 2001) (unpublished) (``Erratum''). A footnote dismissing the counterproposal was inadvertently omitted in the Report and Order, but this oversight was corrected in the Erratum. See 47 C.F.R.� 1.401(d); see also 47 C.F.R.�� 73.202, 73.501. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order,15 FCC Rcd 7386 (2000), vacated in part on other grounds sub nom., National Public Radio v. FCC, 254 F.3d 226 (D. C. Cir. 2001) clarified, Memorandum Opinion and Order, 16 FCC Rcd 5047, Erratum, 16 FCC Rcd 10549, recon. denied, Memorandum
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-190A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-190A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-190A1.txt
  • fact, already have filed FCC Form 301 simultaneously with its Petition for Rule Making proposing the new allotment. See Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services, Report and Order, 21 FCC Rcd 14212, 14224-25 (2006), recon. pending (``Community of License R&O''). See also 47 C.F.R. � 1.401(d). Thus, the original Tribal Allotment proponent need only submit a notice stating that it wishes its pending Form 301 application to be processed immediately, or it may file an amendment to its pending Form 301 application during the TQ Window, as appropriate. cond R&O, 26 FCC Rcd at 2561-63. Likewise, we will consider requests for waiver of the other requirements
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-79A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-79A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-79A1.txt
  • be installed so as to limit the power flux density reaching roads used by the general public to -57 dBW/m2 (peak), and 5) the installer must make measurements to verify the power flux density on public roads at time of installation. The Commission found that Era's comments provided sufficient basis to be treated as a petition for rulemaking under Section 1.401 of its rules and issued a public notice seeking comments regarding Era's request. Only Era filed comments in response to this public notice. discussion The 76-77 GHz band offers advantages for vehicular and fixed radar systems, such as precise real-time monitoring of the position and speed of vehicles. Our proposals described below are intended to foster the development of improved
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-31A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-31A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-31A1.txt
  • Law 107-198, see 44 U.S.C. 3506(c)(4). ordering clauses Accordingly, IT IS ORDERED, pursuant to Sections 1, 2, 4(i), 4(j), 301, 302(a), 303(b), 303(e), 303(f), 303(g), 303(r), 304, 307(a), 309(j)(3), and 316(a)(1) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 152, 154(i), 154(j), 301, 302a(a), 303(b), 303(e), 303(f), 303(g), 303(r), 304, 307(a), 309(j)(3), and 316(a)(1), and Sections 1.401 et seq. of the Commission's Rules, 47 C.F.R. �� 1.401 et seq., that this Notice in WT Docket No. 12-69 IS ADOPTED. IT IS FURTHER ORDERED that the Petition for Rulemaking of the 700 MHz Block A Good Faith Purchaser Alliance IS GRANTED to the extent described herein. IT IS FURTHER ORDERED that the proceeding in RM-11592 IS HEREBY TERMINATED.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-97-168A1.pdf
  • 1.115(g) of the Conmiission's rules, 47 C.F.R.� 1.115(g), that the Application for Review filed by the Telecommunications Association on June 17, 1991IS DENIED. 75. IT IS FURTHER ORDEREDthat, pursuant to Sections 1, 4(i), 4(j), 201-205, 215, 218, 219, 220 of the Communications Act of 1934, as amended, 47 U.S.C. � 151,154(i), 154(j), 201-205, 215, 218, 219, and 220, and Section 1.401(e) of the Commission's rules, 47 C.F.R. � 1.401(e) that the Joint Petition for Rulemaking filed by International Communications Association and Consumer Federation of America on April 6, 1992IS DENIED. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary 32 Federal Communications Commission FCC97-168 APPENDIX A Pleadings in the TCA Application for Review Oppositions Ameritech Operating Companies (Ameritech) Bell Atlantic Telephone Companies
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98282.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98282.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98282.wp
  • is not reasonably achievable with respect to equipment, facilities, and services deployed after Federal Communications Commission FCC 98-282 247 CDT Petition, at 16. 248 CTIA filed separate comments in response to the April 20, 1998 Public Notice which sought comment on whether CTIA's Petition for Rulemaking should be dismissed as moot. See CTIA Comments, at 6. 249 47 C.F.R. � 1.401(e). 64 January 1, 1995, for the simple reason that carriers have had to make changes to their systems not knowing what was required to comply with CALEA."247 Lack of a CALEA standard, or a dispute about the CALEA standard, however, is not grounds for a rulemaking under section 109. Rather, a section 109 determination by the Commission presupposes that the
• http://transition.fcc.gov/Bureaus/Engineering_Technology/News_Releases/2000/nret002a.doc http://transition.fcc.gov/Bureaus/Engineering_Technology/News_Releases/2000/nret002a.txt
  • encourage parties to comment on the DTV standard. Finally, although we are dismissing its petition, we wish to commend Sinclair for its leadership efforts in identifying certain DTV receiver performance concerns and for providing information and data that will be useful to consumer electronics manufacturers in building receivers that meet the expectations of broadcasters and consumers. Accordingly, pursuant to Section 1.401(e) of the Commission's Rules, the Petition for Expedited Rulemaking submitted by Sinclair Broadcast Group, Inc., dated October 8, 1999, is hereby denied. This letter was adopted by the Commission on February 3, 2000. BY DIRECTION OF THE COMMISSION Magalie Roman Salas Secretary See Letter from Broad Comm Inc. dated October 18, 1999; Letter from California Oregon Broadcasting, Inc. dated October
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1997/fcc97296.html http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1997/fcc97296.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1997/fcc97296.txt http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1997/fcc97296.wp
  • special temporary authorization, or other authority from the Federal Communications Commission. _____________________ 1. This petition was filed in the Commission's Digital Television proceeding Fifth Report and Order in MM Docket No. 87-268, FCC 97-116 (April 22, 1997)("Fifth Report and Order"), 62 F.R. 26996 (May 16, 1997). The Commission will, however, treat the Petition as one filed pursuant to 47 C.F.R. 1.401 seeking the institution of a new rule making proceeding. 2. Fifth Report and Order, supra at 76. Twenty-four television stations have voluntarily agreed to an 18-month schedule for the construction of their DTV facilities. 3. Fifth Report and Order, supra at 99, 100. See Also Balanced Budget Act of 1997 ("BBA"), Pub. L. 105-33, 111 Stat. 251 (1997) (codified at
• http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/TV_Notices/da020270.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/TV_Notices/da020270.txt
  • will remain pending as long as there is pending a petition for rule making seeking an alternate channel. An allotment Report and Order changing a channel allotment will 3 We remind new digital television licensees on Channels 52 to 59 that they will be required to move to the core by the end of the digital transition. 4 See Sections 1.401 (c) and (d) and Section 1.420 of the Commission's Rules regarding channel allotment matters. 3 specify a period of time for the filing of amendments to pending applications (using FCC Form 301), for the modified channel allotment. Such amendments to pending applications will be considered minor and the applications will retain their original file numbers. Amendments to Applications to Specify
• http://transition.fcc.gov/Bureaus/OGC/Orders/1998/fcc98056.pdf http://transition.fcc.gov/Bureaus/OGC/Orders/1998/fcc98056.wp
  • or an electronic reproduction does not contain a facsimile signature, it may be stricken as sham and false, and the matter may proceed as though the document had not been filed. An attorney may be subjected to appropriate disciplinary action, pursuant to �1.24, for a willful violation of this rule or if scandalous or indecent matter is inserted. 11. Section 1.401 is amended by changing paragraph (b) to read as follows: * * * * * (b) The petition for rulemaking shall conform to the requirements of �� 1.49, 1.52 and 1.419(b) (or � 1.420(e), if applicable), and shall be submitted or addressed to the Secretary, Federal Communications Commission, Washington, DC 20554, or (except in broadcast allotment proceedings) may be submitted
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99141.pdf
  • 1.412 of the Commission's rules, 47 C.F.R. �� 1.411 and 1.412, this Notice of Proposed Rulemaking and Notice of Inquiry, and Third Further Notice of Proposed Rulemaking is ADOPTED. 97. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 201(b), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 201(b), and 303(r), and section 1.401(e) of the Commission's rules, 47 C.F.R. � 1.401(e), that the Petition for Rulemaking filed by the Wireless Communications Association International, Inc. on May 26, 1999, is GRANTED. 98. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 253, and 332(c)(3) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 253, and 332(c)(3), and section 1.401(e) of
• http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
  • its scope, and whether compliance imposes unnecessary costs. For a broad discussion of the causes of market failure see A. Mas-Colell, M.D. Whinston, and J. R. Green, Microeconomic Theory, (1995), Chapters 11-14. This Staff Report does not affect the Commission's rules in any way. Parties that seek a rulemaking or waiver of a specific rule may avail themselves of sections 1.401 and 1.3 of the Commission's rules. 47 C.F.R. �� 1.401, 1.3. See generally 47 U.S.C. � 161. Telecommunications @ the Millennium, at 17 (rel. Feb. 8, 2000). Id. at 18. Id. These data include independent competitive LECs and the local exchange operations of large long distance carriers. Id. at 17-18. Id. at 18. Id. at 22. Local Telephone Competition at
• http://transition.fcc.gov/eb/Orders/2003/DA-03-2632A1.html
  • can improve public warning in general and the EAS in particular at that point.10 In the meantime, we find it premature to engage in a rulemaking pertaining to one subpart of the EAS. 7. Accordingly, IT IS ORDERED that, pursuant to Sections 4, 303(r), 624(g), and 706 of the Communications Act of 1934, as amended,11 and Sections 0.111, 0.311 and 1.401(e) of the Rules, Lawson Associates's Petition for Rulemaking (RM-10425) IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 See 47 C.F.R. 11.111.61. 2 The MSRC is a Federal Advisory Committee that draws its members from industry. For more information about the MSRC, visit http://www.mediasecurity.org/. 3 Public Notice, Report No. 2544 (released Apr. 23, 2002);
• http://transition.fcc.gov/fcc-bin/audio/DA-06-2028A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-2028A1.pdf
  • this proceeding. See Various Locations, Report and Order, 21 FCC Rcd 2231 (MB 2006). See Conflicts Between Applications and Petitions for Rulemaking to Amend the FM Table of Allotments, Report and Order, 7 FCC Rcd 4917 (1992) (``Conflicts''). Auction of FM Broadcast Construction Permits Scheduled for November 1, 2005, 20 FCC Rcd 10492, 10500 (2005), See, e.g., 47 C.F.R. � 1.401(b) (electronic submissions of rulemaking petitions not permitted in broadcast allotment proceedings). We also note that the attachment to the e-mail, apparently containing WRL's comments, was not received at the Commission on July 31, 2006. See Conflicts, 20 FCC Rcd 4917 (1992). See Andalusia, AL, Report and Order, 49 Fed. Reg. 32201, published August 13, 1984 (granting a rulemaking petition for
• http://transition.fcc.gov/fcc-bin/audio/DA-06-2277A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-2277A1.pdf
  • Auction Procedures for Auction No. 70,'' Public Notice, DA 06-2248 (WTB/MB rel. Nov. 3, 2006) (``Auction No. 70 Procedures Public Notice''). Bidders are also cautioned that currently pending petitions for rulemaking and open rulemaking proceedings may affect the 121 FM allotments scheduled for Auction No. 70. See Auction No. 70 Procedures Public Notice, ``Due Diligence,'' Section I.B.3. 47 C.F.R. � 1.401(e). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15975 and n. 153 (1998) (``Broadcast First Report and Order''), on recon., Memorandum Opinion and Order, 14 FCC Rcd 8724 (1999), on further recon., Memorandum Opinion and Order, 14 FCC Rcd 14521 (1999). Such conflicts
• http://transition.fcc.gov/fcc-bin/audio/DA-09-849A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-09-849A1.pdf
  • Upfront Payments and Other Auction Procedures for Auction 79, Public Notice, DA 09-810 (WTB/MB rel. April 17, 2009) (``Auction 79 Procedures Public Notice''). Bidders are also cautioned that currently pending petitions for rulemaking and open rulemaking proceedings may affect the 122 FM allotments scheduled for Auction 79. See Auction 79 Procedures Public Notice, ``Due Diligence,'' Section I.B.3. 47 C.F.R. � 1.401(e). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15975 and n.153 (1998) (``Broadcast First Report and Order''), on recon., Memorandum Opinion and Order, 14 FCC Rcd 8724 (1999), on further recon., Memorandum Opinion and Order, 14 FCC Rcd 14521 (1999). Such conflicts may
• http://transition.fcc.gov/fcc-bin/audio/FCC-06-163A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-06-163A1.pdf
  • extend those benefits to the allocations process. 27. None of the commenters that addressed this proposal opposed it. We remain convinced that electronic filing of allocations submissions will streamline the amendment process, enhance the accuracy and reliability of the FM database, and enable us to serve the public more efficiently. Therefore, we will adopt our proposal to eliminate from Section 1.401(b) of our Rules the prohibition against electronic submission of petitions for rule making in broadcast allocations proceedings. The Media Bureau and Consumer and Governmental Affairs Bureau will announce, by public notice, such procedures as they will devise for submission of broadcast allocations petitions and other documents. We note only that, as these are restricted proceedings, such procedures must provide for
• http://transition.fcc.gov/fcc-bin/audio/FCC-08-222A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-08-222A1.pdf
  • Rcd 2908 (MB 2001). See Caro and Cass City, Michigan, Report and Order, 16 FCC Rcd 9461 (MB 2001) ( ``Report and Order''), and Caro and Cass City, Michigan, Erratum (MB May 11, 2001) (unpublished) (``Erratum''). A footnote dismissing the counterproposal was inadvertently omitted in the Report and Order, but this oversight was corrected in the Erratum. See 47 C.F.R.� 1.401(d); see also 47 C.F.R.�� 73.202, 73.501. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order,15 FCC Rcd 7386 (2000), vacated in part on other grounds sub nom., National Public Radio v. FCC, 254 F.3d 226 (D. C. Cir. 2001) clarified, Memorandum Opinion and Order, 16 FCC Rcd 5047, Erratum, 16 FCC Rcd 10549, recon. denied, Memorandum
• http://wireless.fcc.gov/auctions/05/releases/da952496.pdf http://wireless.fcc.gov/auctions/05/releases/da952496.txt http://wireless.fcc.gov/auctions/05/releases/da952496.wp
  • denied, 116 S.Ct. 373 (1995) (Mem.); Omnipoint v. FCC, No. 95-1391 and consolidated cases (D.C. Cir. Sep. 28, 1995) (order dissolving stay); Radiofone v. FCC, No. 95-3238 (6th Cir. June 12, 1995) (order denying Radiofone's stay request, "especially noting the possible injuries to other parties and the public interest"). Radiofone's Petition for Rulemaking will be addressed separately pursuant to Section 1.401(e) of the rules, 47 C.F.R. � 1.401(e), or pursuant to Sections 1.403, 1.405 and 1.407 of the rules, 47 C.F.R. �� 1.403, 1.405 and 1.407, consistent with the Court's opinion in Cincinnati Bell Telephone Co. v. FCC, No. 94-3701 (6th Cir. Nov. 9, 1995), and consistent with the Commission's rights to pursue further judicial review of such decision. - 4
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • clarify that applicants at the short- and long-form 306 application stages are subject to the reporting requirements contained in the newly adopted Part 1 ownership disclosure rule.307 Federal Communications Commission FCC 98-93 Rush Third Order Petition at 4-5; Metricom Third Order Petition at 3-6; Global Third Order Petition at 5-9; 308 Comtech Third Order Petition at 13-14. 47 C.F.R. � 1.401. 309 Comtech Third Order Petition at 11; Global Third Order Petition at 3-5; Rush Third Order Petition at 2-3. 310 Comtech filed a Petition for Declaratory Ruling regarding this issue with the Wireless Telecommunications 311 Bureau on October 31, 1995. On January 19, 1996, the Commission issued a Public Notice inviting comment and establishing a pleading cycle. See Public Notice,
• http://wireless.fcc.gov/auctions/18/releases/fc980093.pdf http://wireless.fcc.gov/auctions/18/releases/fc980093.txt http://wireless.fcc.gov/auctions/18/releases/fc980093.wp
  • that applicants at the short- and long-form application 306 stages are subject to the reporting requirements contained in the newly adopted Part 1 ownership disclosure rule.307 Federal Communications Commission FCC 98-93 308 Rush Third Order Petition at 4-5; Metricom Third Order Petition at 3-6; Global Third Order Petition at 5-9; Comtech Third Order Petition at 13-14. 309 47 C.F.R. � 1.401. 310 Comtech Third Order Petition at 11; Global Third Order Petition at 3-5; Rush Third Order Petition at 2-3. 311 Comtech filed a Petition for Declaratory Ruling regarding this issue with the Wireless Telecommunications Bureau on October 31, 1995. On January 19, 1996, the Commission issued a Public Notice inviting comment and establishing a pleading cycle. See Public Notice, Commission
• http://wireless.fcc.gov/auctions/25/releases/da010144.doc http://wireless.fcc.gov/auctions/25/releases/da010144.pdf http://wireless.fcc.gov/auctions/25/releases/da010144.txt
  • are not application fees nor are they attributed to specific licenses, but instead they are translated to bidding units to define a bidder's maximum bidding eligibility in any single round of bidding. July 9th Public Notice, 14 FCC Rcd at 10648. Broadcast MO&O, 14 FCC Rcd at 8751, � 54. Id. at 8750-8752, �� 52-56. Id. See 47 C.F.R. �� 1.401-1.430; see also Closed Broadcast Auctions Scheduled for September 28, 1999; Comment Sought on Minimum Opening Bids and Other Auction Procedures, Public Notice, 14 FCC Rcd at 8189, 8198 (1999) (``May 17th Public Notice''). See July 9th Public Notice, 14 FCC Rcd at 10646-10648. Id. at 10632; May 17th Public Notice, 14 FCC Rcd at 8189. J.Dominic Monahan, Esq. January 19,
• http://wireless.fcc.gov/auctions/35/releases/da000191.doc http://wireless.fcc.gov/auctions/35/releases/da000191.pdf http://wireless.fcc.gov/auctions/35/releases/da000191.txt
  • Content-Transfer-Encoding: 8bit DA 00-191 February 3, 2000 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON NEXTEL COMMUNICATIONS, INC.'S PETITION REGARDING PCS C AND F BLOCK SPECTRUM EXTENSION OF FILING DEADLINE FOR COMMENTS TO SBC COMMUNICATIONS INC.'S REQUEST FOR WAIVER Comment Date: February 14, 2000 Reply Date: February 22, 2000 Nextel Communications, Inc. (``Nextel'') has filed a petition requesting expedited rulemaking under Section 1.401, or in the alternative, waiver of the Commission's rules under Sections 1.3 and 1.925. Nextel seeks modification or waiver of the Commission's eligibility and bidding rules with respect to PCS C and F block spectrum. Section 24.709 of the Commission's rules restricts the eligibility for C and F block licenses to entities with total assets and gross revenues below specified
• http://wireless.fcc.gov/releases/da012840.pdf http://wireless.fcc.gov/releases/da012840.txt
  • diskette, large print, audiocassette, and Braille) are available from Brian Millin at (202) 418-7426, TTY (202) 418-7365, or at . This Order can also be downloaded at http://www.fcc.gov. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rulemaking filed by Alan Dixon and Robert K. Leef, RM-10019, on October 24, 2000, IS HEREBY DENIED. 17. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Kathleen O'Brien Ham Deputy Chief,
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00218.doc
  • and Competition Act of 1992: Rate Regulation, Report and Order and Further Notice of Proposed Rulmaking, 9 FCC Rcd 4527, 4607-4608 (1994) (``Cost Order''). For ownership forms other than Chapter C corporations, the Cost Order requires that the ``grossing up'' calculation include further adjustments to account for previous year distributions, capital contributions and interest paid. Id. See 47 C.F.R. � 1.401. (...continued from previous page) (continued...) Federal Communications Commission FCC 00-218 Federal Communications Commission FCC 00-218 4 @ G ] @& X X X X - L N O P Q R S T Y Y X Q Y Y L Y Q Y Y X
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98282.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98282.txt http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98282.wp
  • is not reasonably achievable with respect to equipment, facilities, and services deployed after Federal Communications Commission FCC 98-282 247 CDT Petition, at 16. 248 CTIA filed separate comments in response to the April 20, 1998 Public Notice which sought comment on whether CTIA's Petition for Rulemaking should be dismissed as moot. See CTIA Comments, at 6. 249 47 C.F.R. � 1.401(e). 64 January 1, 1995, for the simple reason that carriers have had to make changes to their systems not knowing what was required to comply with CALEA."247 Lack of a CALEA standard, or a dispute about the CALEA standard, however, is not grounds for a rulemaking under section 109. Rather, a section 109 determination by the Commission presupposes that the
• http://www.fcc.gov/Bureaus/Engineering_Technology/News_Releases/2000/nret002a.doc http://www.fcc.gov/Bureaus/Engineering_Technology/News_Releases/2000/nret002a.txt
  • encourage parties to comment on the DTV standard. Finally, although we are dismissing its petition, we wish to commend Sinclair for its leadership efforts in identifying certain DTV receiver performance concerns and for providing information and data that will be useful to consumer electronics manufacturers in building receivers that meet the expectations of broadcasters and consumers. Accordingly, pursuant to Section 1.401(e) of the Commission's Rules, the Petition for Expedited Rulemaking submitted by Sinclair Broadcast Group, Inc., dated October 8, 1999, is hereby denied. This letter was adopted by the Commission on February 3, 2000. BY DIRECTION OF THE COMMISSION Magalie Roman Salas Secretary See Letter from Broad Comm Inc. dated October 18, 1999; Letter from California Oregon Broadcasting, Inc. dated October
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00035.doc
  • encourage parties to comment on the DTV standard. Finally, although we are dismissing its petition, we wish to commend Sinclair for its leadership efforts in identifying certain DTV receiver performance concerns and for providing information and data that will be useful to consumer electronics manufacturers in building receivers that meet the expectations of broadcasters and consumers. Accordingly, pursuant to Section 1.401(e) of the Commission's Rules, the Petition for Expedited Rulemaking submitted by Sinclair Broadcast Group, Inc., dated October 8, 1999, is hereby denied. This letter was adopted by the Commission on February 3, 2000. BY DIRECTION OF THE COMMISSION Magalie Roman Salas Secretary See Letter from Broad Comm Inc. dated October 18, 1999; Letter from California Oregon Broadcasting, Inc. dated October
• http://www.fcc.gov/Bureaus/International/Notices/2000/fcc00369.doc
  • proposes that the Commission change its policy of authorizing earth stations to use the entire pertinent frequency bands and instead require that an FSS earth station using spectrum shared with point-to-point terrestrial services be licensed to use no more than twice the amount of spectrum for which it is able to demonstrate ``actual need.'' FWCC also petitions, pursuant to Section 1.401 of the Commission's Rules, for amendments to Part 25 of the Commission's Rules that would require FSS earth stations licensed for more than minimal amounts of spectrum shared with FS operators to meet minimum loading standards. Further, FWCC proposes to require all FSS earth stations to accept interference from new terrestrial facilities on the same basis as they accept any
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1997/fcc97296.html http://www.fcc.gov/Bureaus/Mass_Media/Notices/1997/fcc97296.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1997/fcc97296.txt http://www.fcc.gov/Bureaus/Mass_Media/Notices/1997/fcc97296.wp
  • special temporary authorization, or other authority from the Federal Communications Commission. _____________________ 1. This petition was filed in the Commission's Digital Television proceeding Fifth Report and Order in MM Docket No. 87-268, FCC 97-116 (April 22, 1997)("Fifth Report and Order"), 62 F.R. 26996 (May 16, 1997). The Commission will, however, treat the Petition as one filed pursuant to 47 C.F.R. 1.401 seeking the institution of a new rule making proceeding. 2. Fifth Report and Order, supra at 76. Twenty-four television stations have voluntarily agreed to an 18-month schedule for the construction of their DTV facilities. 3. Fifth Report and Order, supra at 99, 100. See Also Balanced Budget Act of 1997 ("BBA"), Pub. L. 105-33, 111 Stat. 251 (1997) (codified at
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/da992582.doc
  • contained in the petition were accurate to the best of his knowledge. Section 1.52 of the Commission's Rules requires that the original of any document filed with the Commission by a party not represented by counsel shall be signed and verified by the party and his/her address stated. In the absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. See also amendment of Sections 1.420 and 73.3584 of the Commissin's Rules Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3911, n.41 (1990). Caf� Broadcasting, Inc. is requested to rectify this omission
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/2000/da000646.doc
  • the preparation of a pleading or petition for rule making, Section 1.52 of the Commission's Rules requires that the original of any document filed with the Commission by a party not represented by counsel, be signed and verified by the commenting or petitioning party and his/her address stated. In the absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. See also Amendment of Section 1.420 and 73.3584 of the Commission's Rules Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3911, 3919, N.41 (1990). Ashcraft is requested to rectify this omission in
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/2000/da001216.doc
  • statements contained in his petition were accurate to the best of his knowledge. Section 1.52 of the Commission's Rules requires that the original of any document filed with the Commission by a party not represented by counsel must be signed and verified by the party and his/her address stated. In absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. See also Amendment of Sections 1.420 and 73.3584 of the Commission's Rules Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3910, n.41 (1990). Petitioner is requested to rectify this omission in his
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/2000/da001217.doc
  • contained in his petition were accurate to the best of his knowledge. Section 1.52 of the Commission's Rules requires that the original of any document filed with the Commission by a party not represented by counsel must be signed and verified by the party and his/her address stated. In the absence of such verification, the petition may be dismissed. Section 1.401(b) of the Commission's Rules concerning rule making proceedings places petitioners on notice that their proposal must conform with the requirements of Section 1.52 regarding subscription and verification. See also Amendment of Section 1.420 and 73.3584 of the Commission's Rules Concerning Abuses of the Commission's Processes, 5 FCC Rcd 3911, n.41 (1990). Petitioner is requested to rectify this omission in his
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da992453.doc
  • the Maximum Transmitting Power for Class A FM Stations, 4 FCC Rcd 6375 (1989). Nevada County did not seek reconsideration of that denial. In this regard, we note that earlier in this proceeding, Gold Country did not serve Nevada County, licensee of Station KNCO, Grass Valley, California, with a copy of its Petition for Rule Making as required by Section 1.401(d) of the Rules. Class B Station KFRC-FM operates with an effective radiated power (ERP) of 40 kilowatts at a height above average terrain (HAAT) of 396 meters. This is the equivalent of 321 kilowatts ERP at a HAAT of 150 meters. Section 73.211 of the Rules prescribes maximum facilities for a Class B FM station of 50 kilowatts ERP at
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/TV_Notices/da020270.pdf http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/TV_Notices/da020270.txt
  • will remain pending as long as there is pending a petition for rule making seeking an alternate channel. An allotment Report and Order changing a channel allotment will 3 We remind new digital television licensees on Channels 52 to 59 that they will be required to move to the core by the end of the digital transition. 4 See Sections 1.401 (c) and (d) and Section 1.420 of the Commission's Rules regarding channel allotment matters. 3 specify a period of time for the filing of amendments to pending applications (using FCC Form 301), for the modified channel allotment. Such amendments to pending applications will be considered minor and the applications will retain their original file numbers. Amendments to Applications to Specify
• http://www.fcc.gov/Bureaus/OGC/Orders/1998/fcc98056.pdf http://www.fcc.gov/Bureaus/OGC/Orders/1998/fcc98056.wp
  • or an electronic reproduction does not contain a facsimile signature, it may be stricken as sham and false, and the matter may proceed as though the document had not been filed. An attorney may be subjected to appropriate disciplinary action, pursuant to �1.24, for a willful violation of this rule or if scandalous or indecent matter is inserted. 11. Section 1.401 is amended by changing paragraph (b) to read as follows: * * * * * (b) The petition for rulemaking shall conform to the requirements of �� 1.49, 1.52 and 1.419(b) (or � 1.420(e), if applicable), and shall be submitted or addressed to the Secretary, Federal Communications Commission, Washington, DC 20554, or (except in broadcast allotment proceedings) may be submitted
• http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98282.pdf
  • is not reasonably achievable with respect to equipment, facilities, and services deployed after Federal Communications Commission FCC 98-282 247 CDT Petition, at 16. 248 CTIA filed separate comments in response to the April 20, 1998 Public Notice which sought comment on whether CTIA's Petition for Rulemaking should be dismissed as moot. See CTIA Comments, at 6. 249 47 C.F.R. � 1.401(e). 64 January 1, 1995, for the simple reason that carriers have had to make changes to their systems not knowing what was required to comply with CALEA."247 Lack of a CALEA standard, or a dispute about the CALEA standard, however, is not grounds for a rulemaking under section 109. Rather, a section 109 determination by the Commission presupposes that the
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99141.pdf
  • 1.412 of the Commission's rules, 47 C.F.R. �� 1.411 and 1.412, this Notice of Proposed Rulemaking and Notice of Inquiry, and Third Further Notice of Proposed Rulemaking is ADOPTED. 97. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 201(b), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 201(b), and 303(r), and section 1.401(e) of the Commission's rules, 47 C.F.R. � 1.401(e), that the Petition for Rulemaking filed by the Wireless Communications Association International, Inc. on May 26, 1999, is GRANTED. 98. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 253, and 332(c)(3) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 253, and 332(c)(3), and section 1.401(e) of
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992654.doc http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992654.txt
  • with disabilities by contacting Martha Contee at (202) 418-0260, TTY (202) 418-2555, or by e-mail at . This Order also is available at the Commission's internet site at: . IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petitions for rulemaking filed by the American Radio Relay League, Inc., RM-9106, RM-9115, and RM-9259 on May 23, 1997, March 12, 1997, and April 3, 1998, respectively, ARE HEREBY DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001436.doc
  • with disabilities by contacting Martha Contee at (202) 418-0260, TTY (202) 418-2555, or by e-mail at . This Order also is available at the Commission's internet site at . V. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rulemaking filed by the California Six Meter Club, RM-9806, on August 25, 1999, IS HEREBY DISMISSED WITHOUT PREJUDICE. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001907.doc
  • with disabilities by contacting Martha Contee at (202) 418-0260, TTY (202) 418-2555, or by e-mail at . This Order also is available at the Commission's internet site at . V. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), (j), 303(r), and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), that the petition for rule making filed by Alan Dixon on November 3, 1999, RM-9807, IS HEREBY DENIED WITHOUT PREJUDICE. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Diane J. Cornell Associate Chief, Wireless Telecommunications
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00051.doc
  • the Commission to overturn a coordinator's recommendation); see also id. See Application for Review at 11; Petition for Reconsideration at 3-4. Application for Review at 6-7. Application for Review at 2-6. See 47 C.F.R. � 90.89 (1993). See Lee Richter, 6 FCC Rcd 7565, � 7. See 1986 Report and Order, 103 FCC 2d at 1156. See 47 C.F.R. � 1.401 (governing petition for rulemakings); see Application for Review at 6-7; see Petition for Reconsideration at 3-4. We reiterate that there is no per se right to challenge the grant of a PLMR license and we are addressing this petition only as part of our own public interest inquiry. See, e.g., supra note 23. Application for Review at 7. Application for
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000191.doc
  • Content-Transfer-Encoding: 8bit DA 00-191 February 3, 2000 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON NEXTEL COMMUNICATIONS, INC.'S PETITION REGARDING PCS C AND F BLOCK SPECTRUM EXTENSION OF FILING DEADLINE FOR COMMENTS TO SBC COMMUNICATIONS INC.'S REQUEST FOR WAIVER Comment Date: February 14, 2000 Reply Date: February 22, 2000 Nextel Communications, Inc. (``Nextel'') has filed a petition requesting expedited rulemaking under Section 1.401, or in the alternative, waiver of the Commission's rules under Sections 1.3 and 1.925. Nextel seeks modification or waiver of the Commission's eligibility and bidding rules with respect to PCS C and F block spectrum. Section 24.709 of the Commission's rules restricts the eligibility for C and F block licenses to entities with total assets and gross revenues below specified
• http://www.fcc.gov/DiversityFAC/030929/RiveraReport.doc
  • ) Capital Gains Treatment; Financing; ) File No._ ___________ Multiple Ownership Sections (73.35, ) 73.240, and 73.636): Procedures on ) Transfer and Assignment Applica- ) tions Section 73.3597): and ) Minority Ownership of Common ) Carrier Facilities ) To: The Commission PETITION FOR RULEMAKING ON MINORITY OWNERSHIP The National Association of Black Owned Broadcasters ("NABOB"), through counsel, pursuant to Section 1.401 of the Commission's Rules, hereby petitions the Federal Communications Commission (``FCC'' or ``Commission'') to adopt rules which would further foster minority(( ownership. This Petition is submitted because despite the Commission's adoption of the Statement of Policy on Minority Ownership of Broadcast Facilities 68 F.C.C.2d 979, 42 R.R.2d 1689 (1978) ("Policy Statement''), and although some increases may have been occasioned thereby,
• http://www.fcc.gov/DiversityFAC/040614/FMRadioWhitePaper.doc
  • for rulemaking are based upon the willingness of a particular person to apply, at the time of the petition, for a construction permit in a particular community. However, the petitioner is not required to actually apply for the construction permit. Not surprisingly, many petitioners never apply for permits, since the petitioning process is tedious and often lengthy; see 47 C.F.R. ��1.401 et seq. and particularly 47 C.F.R. �1.420. The petitioner may have moved or passed away by the time the allotment is placed in the FM Table and the permit is offered for auction. In practice, many times more applicants actually (and energetically) seek permits for allotments they did not earlier petition for than the number of applicants that filed petitions.
• http://www.fcc.gov/DiversityFAC/041004/FMRadioWhitePaper.doc
  • for rulemaking are based upon the willingness of a particular person to apply, at the time of the petition, for a construction permit in a particular community. However, the petitioner is not required to actually apply for the construction permit. Not surprisingly, many petitioners never apply for permits, since the petitioning process is tedious and often lengthy; see 47 C.F.R. ��1.401 et seq. and particularly 47 C.F.R. �1.420. The petitioner may have moved or passed away by the time the allotment is placed in the FM Table and the permit is offered for auction. In practice, many times more applicants actually (and energetically) seek permits for allotments they did not earlier petition for than the number of applicants that filed petitions.
• http://www.fcc.gov/eb/Orders/2003/DA-03-2632A1.html
  • can improve public warning in general and the EAS in particular at that point.10 In the meantime, we find it premature to engage in a rulemaking pertaining to one subpart of the EAS. 7. Accordingly, IT IS ORDERED that, pursuant to Sections 4, 303(r), 624(g), and 706 of the Communications Act of 1934, as amended,11 and Sections 0.111, 0.311 and 1.401(e) of the Rules, Lawson Associates's Petition for Rulemaking (RM-10425) IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 See 47 C.F.R. 11.111.61. 2 The MSRC is a Federal Advisory Committee that draws its members from industry. For more information about the MSRC, visit http://www.mediasecurity.org/. 3 Public Notice, Report No. 2544 (released Apr. 23, 2002);
• http://www.fcc.gov/fcc-bin/audio/DA-08-1272A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1272A1.pdf
  • which is of dubious relevance - that the Commission's RF exposure standards are incorrect or inadequate. To the extent that the objectors believe that recent studies indicate that there are more significant effects of long-term low-level exposure to RF radiation from broadcast facilities, these suggestions are more appropriately raised in a petition for rulemaking with the Commission pursuant to Section 1.401 of the Rules or with other expert agencies upon which the Commission relies rather than in a fact-specific adjudicatory proceeding such as this. The institution of a notice-and-comment rulemaking under the Administrative Procedure Act, if warranted, would allow for the development of a complete record on which the Commission could make an informed determination regarding the sufficiency of its RF
• http://www.fcc.gov/fcc-bin/audio/DA-08-892A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-892A1.pdf
  • required to accept RO data for RPUs. Accordingly, at this juncture, the Bureau has only upgraded ULS to receive RO data for TVPU operations. Procedural matters. In view of the foregoing, the Petition for Rulemaking filed by the Society of Broadcast Engineers, Inc. on September 6, 2006, is GRANTED to the extent indicated above and otherwise DENIED, pursuant to Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e). This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, and 0.331. . You may also call the FCC Support Center at (877) 480-3201 (TTY (717) 338-2824) and Select Option #2, Forms or Licensing Assistance. Hours are from 8:00 a.m. to
• http://www.fcc.gov/fcc-bin/audio/DA-10-1882A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1882A1.pdf
  • Commission must revise its policy barring the grant of more than one application in a mutually exclusive group. The G/S Proposal suggests a method for granting additional applications in a mutually exclusive group. G/S' criticisms of the current policy and its suggested revisions to that policy should be raised in a petition for rulemaking with the Commission, pursuant to Section 1.401 of the Rules. The institution of a notice-and-comment rulemaking under the Administrative Procedure Act, if warranted, would allow the Commission to develop a complete record from which it could make an informed determination regarding G/S' proposals. Moreover, we note that the Commission determined, through notice-and-comment rulemaking procedures, that MX NCE applications ``will be processed and assessed points to determine the
• http://www.fcc.gov/fcc-bin/audio/DA-10-973A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-973A1.pdf
  • have determined that your proposal is not in the public interest because it would greatly increase the potential for interference between AM stations and would undermine the Commission's efforts to improve the AM service. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Section 1.401(e) of the Commission's Rules, 47 C.F.R. � 1.401(e), the petition for rulemaking filed April 13, 2010, by Richard F. Arsenault IS DENIED. This action is taken under delegated authority pursuant to Sections 0.61 and 0.283 of the Commission's Rules, 47 C.F.R. �� 0.61 and 0.283. FEDERAL COMMUNICATIONS COMMISSION William T. Lake Chief, Media Bureau See Review of the Technical Assignment
• http://www.fcc.gov/fcc-bin/audio/FCC-05-120A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-05-120A1.pdf
  • accuracy and reliability of the FM database, and enable us to serve the public more efficiently in this regard. While the details of such filings will be fully implemented in later proceedings, we deem it appropriate at this stage to remove any impediments to full implementation of electronic filing. Accordingly, we propose to eliminate the current exception, contained in Section 1.401(b) of our rules, for electronic submission of petitions for rulemaking submitted in broadcast allocations proceedings. We seek comment on this proposal. Also, to the extent that we adopt the proposal to remove the Table from the Commission's rules, we seek comment on whether and how best to enable electronic filing of proceedings to amend the Table. 40. Seek Comment as
• http://www.fcc.gov/fcc-bin/audio/FCC-06-163A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-06-163A1.pdf
  • extend those benefits to the allocations process. 27. None of the commenters that addressed this proposal opposed it. We remain convinced that electronic filing of allocations submissions will streamline the amendment process, enhance the accuracy and reliability of the FM database, and enable us to serve the public more efficiently. Therefore, we will adopt our proposal to eliminate from Section 1.401(b) of our Rules the prohibition against electronic submission of petitions for rule making in broadcast allocations proceedings. The Media Bureau and Consumer and Governmental Affairs Bureau will announce, by public notice, such procedures as they will devise for submission of broadcast allocations petitions and other documents. We note only that, as these are restricted proceedings, such procedures must provide for
• http://www.fcc.gov/fcc-bin/audio/FCC-11-190A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-11-190A1.pdf
  • fact, already have filed FCC Form 301 simultaneously with its Petition for Rule Making proposing the new allotment. See Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services, Report and Order, 21 FCC Rcd 14212, 14224-25 (2006), recon. pending (``Community of License R&O''). See also 47 C.F.R. � 1.401(d). Thus, the original Tribal Allotment proponent need only submit a notice stating that it wishes its pending Form 301 application to be processed immediately, or it may file an amendment to its pending Form 301 application during the TQ Window, as appropriate. cond R&O, 26 FCC Rcd at 2561-63. Likewise, we will consider requests for waiver of the other requirements
• http://www.fcc.gov/mb/audio/decdoc/pdf/fr03au05-37.pdf
  • a move to serve the needs of both the old and move-in communities for a certain period of time? What other factors, if any, should be taken into account in making such a determination? 6. The Commission also proposes to eliminate a rule-based prohibition on electronic filing of documents in proceedings to amend the FM Table of Allotments (47 CFR 1.401(b)). Currently over 95 percent of broadcast applications are filed electronically, and these procedures have led to increased efficiency, transparency, and database integrity. As a first step toward extending those benefits to the FM allotment process, the Commission proposes removing the current prohibition against electronic filing of allocations documents. The Commission also seeks comment on whether and how best to enable
• http://www.fcc.gov/mb/engineering/76print.html
  • Minn. (90) Wheeling, W. Va.-Steubenville, Ohio. (91) Lincoln-Hastings-Kearney, Nebr. (92) Lansing-Onondaga, Mich. (93) Madison, Wis. (94) Columbus, Ga. (95) Amarillo, Tex. (96) Huntsville-Decatur, Ala. (97) Rockford-Freeport, Ill. (98) Fargo-Valley City, N.D. (99) Monroe, La.-El Dorado, Ark. (100) Columbia, S.C. " Note: Requests for changes to this list shall be made in the form of a petition for rulemaking pursuant to 1.401 of this chapter, except that such petitions shall not be subject to the public notice provisions of 1.403 of this chapter. " [37 FR 3278, Feb. 12, 1972, as amended at 37 FR 13866, July 14, 1972; 39 FR 24373, July 2, 1974; 39 FR 27572, July 30, 1974; 39 FR 37988, Oct. 25, 1974; 58 FR 17359, Apr. 2,
• http://www.fcc.gov/mb/engineering/part76.pdf
  • Minn.-Superior, Minn. (90) Wheeling, W. Va.-Steubenville, Ohio. (91) Lincoln-Hastings-Kearney, Nebr. (92) Lansing-Onondaga, Mich. (93) Madison, Wis. (94) Columbus, Ga. (95) Amarillo, Tex. (96) Huntsville-Decatur, Ala. (97) Rockford-Freeport, Ill. (98) Fargo-Valley City, N.D. (99) Monroe, La.-El Dorado, Ark. (100) Columbia, S.C. Note: Requests for changes to this list shall be made in the form of a petition for rulemaking pursuant to �1.401 of this chapter, except that such petitions shall not be subject to the public notice provisions of �1.403 of this chapter. [37 FR 3278, Feb. 12, 1972] Editorial Note: For Federal Register citations affecting �76.51, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. � 76.53 Reference points.
• http://www.fcc.gov/ogc/documents/opinions/1998/dunifer.html http://www.fcc.gov/ogc/documents/opinions/1998/dunifer.wp
  • (waiver provision). By statute, a denial of an application for a license or request for a waiver is appealable to the Court of Appeals for the District of Columbia, fulfilling the second Freedman requirement. See 47 U.S.C. 402(b)(1). Moreover, any party may submit a petition for the issuance, amendment or repeal of any FCC rule or regulation. See 47 C.F.R. 1.401(a). A petition for rule-making is subject to the procedures set forth in 47 C.F.R. Part 1 Subpart C. Any denial of a petition for the issuance, amendment or repeal of a rule or regulation is a final order of the FCC subject to appeal in any court of appeals. See 47 U.S.C. 402(a); 28 U.S.C. 2342. The Court finds that
• http://www.fcc.gov/ogc/documents/opinions/1999/fried.html http://www.fcc.gov/ogc/documents/opinions/1999/fried.wp
  • and request for a waiver are denied by the FCC, the government argues that Fried can then appeal to the United States Court of Appeals for the District of Columbia Circuit, pursuant to 47 U.S.C. 402(b)(1). Alternatively, the government argues that Fried can challenge the constitutionality of the microbroadcasting regulations by filing a petition for rulemaking pursuant to 47 C.F.R. 1.401, and, if that petition is denied, then seek judicial review in any court of appeals, pursuant to 47 U.S.C. 402(a). This is a difficult issue, and the cases are not easy to reconcile. Nonetheless, we think Fried's argument is persuasive. In particular, we are persuaded by the statutory analysis in Dougan v. FCC, 21 F.3d 1488. In that case, the
• http://www.fcc.gov/ogc/documents/opinions/2000/99-15035.html
  • forms that must be completed to apply for a license). Nor was Dunifer's request for a copy of the standards relating to waivers equivalent to a waiver request itself. See 47 C.F.R.S 73.3566(a) (noting that a waiver application must "show the nature of the waiver or exception desired and shall set forth the reasons in support thereof"). [20]^10 47 C.F.R. 1.401(a) provides that "[a]ny interested person may petition for the issuance, amendment or repeal of a rule or regulation" of the FCC. Indeed, the FCC's new lower power regulations were established in response to a petition for a rulemaking. References 1. http://transition.fcc.gov/ogc/documents/opinions/2000/99-15035.html#N_1_ 2. http://transition.fcc.gov/ogc/documents/opinions/2000/99-15035.html#N_2_ 3. http://transition.fcc.gov/ogc/documents/opinions/2000/99-15035.html#N_3_ 4. http://transition.fcc.gov/ogc/documents/opinions/2000/99-15035.html#N_4_ 5. http://transition.fcc.gov/ogc/documents/opinions/2000/99-15035.html#N_5_ 6. http://transition.fcc.gov/ogc/documents/opinions/2000/99-15035.html#N_6_ 7. http://transition.fcc.gov/ogc/documents/opinions/2000/99-15035.html#N_7_ 8. http://transition.fcc.gov/ogc/documents/opinions/2000/99-15035.html#N_8_ 9. http://transition.fcc.gov/ogc/documents/opinions/2000/99-15035.html#N_9_ 10. http://transition.fcc.gov/ogc/documents/opinions/2000/99-15035.html#N_10_ 11.
• http://www.fcc.gov/ogc/documents/opinions/2004/02-1060-022404.pdf
  • agency before resorting to this court. As the FCC points out in its brief, there are several avenues by which Tennant could have filed, and may still be able to file, a petition with the Commission. FCC Br. at 30 n.108 (citing 47 C.F.R. � 1.2 (motion for declaratory ruling); id. � 1.41 (informal request for FCC action); id. � 1.401 (petition for rulemaking); id. � 1.1307(c) (petition alleging that action otherwise categorically excluded from environ- mental review will have significant environmental effect)). The closest thing in the record to a request for FCC action is Tennant's December 1998 letter to the ACHP, a copy of which was sent to the chairman of the FCC. Tennant and the amicus curiae we
• http://www.fcc.gov/ogc/documents/opinions/2005/03-1376-021805.pdf
  • was unable to begin construction because 3 the required equipment was not commercially available, and that the Commission therefore should have, sua sponte, exempted NSTN and all similarly-situated applicants from the one-year construction requirement. This amounts to an argument that the Commission's rules should be different. There are formal avenues for the pursuit of such changes, e.g., 47 C.F.R. � 1.401 (governing petitions for Commission rulemaking), but these procedures notwithstanding, NSTN must comply with the rules as they are, and not the rules as it believes they should be. NSTN's other excuse is that it did not apply for an extension because the Commission clearly would have denied any such application. Failure to pursue administrative remedies will be excused for futility