FCC Web Documents citing 1.407

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

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  • 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), NOTICE IS HEREBY GIVEN of the proposed amendment to Part 97 of the Commission's Rules, 47 C.F.R. Part 97, as described above, and that COMMENT IS SOUGHT on these proposals. IT IS FURTHER ORDERED that, pursuant to Section 1.407 of the Commission's Rules, 47 C.F.R � 1.407, the Petition for Rulemaking, RM-10781, submitted by Peter M. Beauregard on July 15, 2003, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 1.407 of the Commission's Rules, 47 C.F.R � 1.407, the Petition for Rulemaking, RM-10782, submitted by P.V. Coppola et. al. on July 18, 2003, IS GRANTED to the
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  • in effect to permit new facilities to be constructed and brought into operation until such time as it may be terminated by the Commission or on proper exercise of delegated authority. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 303(r) of the Communications Act, as amended, 47 U.S.C. �� 154(i), 303(r), and sections 0.331 and 1.407 of the Commission's rules, 47 C.F.R. �� 0.331, 1.407, the Petition for Rulemaking filed by Easterbrooke Cellular Corporation and United States Cellular Corporation on May 4, 1995, IS HEREBY DENIED. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 303(r) of the Communications Act, as amended, 47 U.S.C. �� 154(i), and 303(r), and sections 0.331 and 1.925 of the
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  • radiators and/or the need for additional associated equipment. Although it appears that there may be some merit to Andrew's request, we find that the public interest would be better served by our considering this matter along with other potential Part 22 amendments in connection with our forthcoming Year 2000 Biennial Review of Regulations. Accordingly, IT IS ORDERED, pursuant to Section 1.407 of the Commission's rules, 47 C.F.R. Section 1.407, that the petition for rulemaking filed by Andrew Corporation is DENIED. FEDERAL COMMUNICATIONS COMMISSION James D. Schlichting Deputy Chief, Wireless Telecommunications Bureau Andrew Corporation, Petition for Rule Making, filed September 18, 1998 (RM-9387). Placed on Public Notice, November 3, 1998 (Report No. 2304). Supporting comments were filed by Airtouch Communications, Inc., GTE
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  • denying the petition for rulemaking and not initiating a rulemaking. To the extent that the proposals made in the petition continue to be relevant to the Petitioner's interests notwithstanding the passage of time, the Petitioners may file a more current version of their petition for rulemaking for our consideration. IV. ORDERING CLAUSE 5. Accordingly, IT IS ORDERED, pursuant to Section 1.407 of the Commission's rules, 47 C.F.R. Section 1.407, that the petition for rulemaking filed by the United States Telephone Association , National Telephone Cooperative Association, Organization for the Protection and Advancement of Small Telephone Companies, National Rural Telephone Association, and Rural Electrification Administration, IS DENIED without prejudice. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Sugrue Chief, Wireless Telecommunications Bureau See Petition to
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  • regard to whether the Commission may, in this instance, issue an order amending its rules without notice and comment as these arguments are rendered moot by our decision. ORDERING CLAUSE Accordingly, IT IS ORDERED, pursuant to sections 1-4, 251, and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151-154, 251 and 254, and sections 1.405(d) and 1.407 of the Commission's rules, 47 C.F.R. �� 1.405(d) and 1.407, that the petition for rulemaking requested by ACS IS DENIED for the reasons set forth above. FEDERAL COMMUNICATIONS COMMISSION Dorothy T. Attwood Chief, Common Carrier Bureau Comments opposing ACS' petition for rulemaking were filed by General Communications, Inc. on April 5, 2001 and by the Regulatory Commission of Alaska on
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  • See generally 47 C.F.R. �� 1.401(a) (``any interested person'' may petition for rulemaking),1.401(c) (supportive materials required in a petition for rulemaking). See, e.g., Fort Stockton and Sanderson, Texas, 18 FCC Rcd 11759 (MB 2003); Clarendon, Texas, 18 FCC Rcd 12701 (MB 2003) (refraining from adopting an allotment when petitioner fails to make timely expression of interest). See 47 C.F.R. �� 1.407 (notice of proposed rulemaking issued, if appropriate), 1.412(a) (notice procedures) and 1.413 (content of notices of proposed rulemaking, including docket number assigned to the proceeding). See 47 C.F.R. �1.415(a) & (b). NCE Second Report and Order, 18 FCC Rcd at 6705. See 47 C.F.R. � 1.415(c). $ $ 5 6 4 ; B F ] ^ _ n z �
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  • the development of rules and policies that will aid the non-Federal public safety entities in meeting their requirements for spectrum, promoting efficient use of the spectrum, and achieving interoperability and seamless communications between and among cooperating organizations. 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 1.407 of the Commission's Rules, 47 C.F.R. � 1.407, the Petition for Rulemaking filed by the Federal Law Enforcement Wireless Users Group on December 7, 2001 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, 0.331. FEDERAL COMMUNICATIONS COMMISSION Cathy Seidel Deputy Chief, Wireless Telecommunications Bureau Petition
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  • 760 n.2 (1988), citing Cruz v. Ferre, 755 F.2d 1415, 1420 (11th Cir. 1985) and Jones v. Wilkerson, 800 F. 2d 989 (10th Cir. 1986), aff'd, 480 U.S. 926 (1987). See also FCC v. Pacifica Foundation, 439 U.S. 726, 748-750 (1978). Your petition does not provide a basis to revisit that determination. Based on these precedents and pursuant to Section 1.407 of the Commission's rules, we decline to grant your rulemaking request. Sincerely, W. Kenneth Ferree Chief, Media Bureau Federal Communications Commission Washington, D.C. 20554 " � � $ " ) , - . 4 5 O Z n � � � � � � � ,� d��; s�W'�*�w�����u��ԣuD�A�:qS 7|x_ �P���n��''��ۆO� ]�-Ea�k � �``0E��a2�|�Y� q�ψ�)p�^D9) �@܎^��9�9'r�(R)ȣv܃�F � ��(��M̴� q'>3�·w�O� �1��F�{�r�"WV�S�...�z�L"0�ځ����dͽ�v[�E� �
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  • interference to PS communications. Further, we find that the rulemaking proceeding is not necessary given existing spectrum options in the 150 MHz band and existing regulatory options for obtaining non-PS channels. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 5(c)(i) of the Communications Act, as amended, 47 U.S.C. �� 154(i) and 155(c)(i), and sections 0.131, 0.204(b), 0.331, 1.401 and 1.407 of the Commission's rules, 47 C.F.R. �� 0.131, 0.204(b), 0.331, 1.401 and 1.407, that the Petition for Rule Making filed by Icom America, Inc., on June 15, 2004, IS DENIED. Sincerely, Roger S. Noel Chief, Mobility Division Wireless Telecommunications Bureau Icom America, Inc., Petition for Rulemaking (filed June 15, 2004). ICOM is a manufacturer of radio equipment for use by
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  • errors in parentheses are clustered at the MSO level to allow for correlation in the carriage decisions across systems with the same owner. The share at the bottom of the table gives the level of DBS penetration that would reduce the sum of the two vertical integration coefficients to zero. 39 TABLE 12B: CARRIAGE DECISION: BOOMERANG Variable (1) Vertically Integrated 1.407** (0.474) Vertically Integrated x DBS% -0.039* (0.018) DBS% 0.003 (0.014) Fiber Share of Total Plant 0.295** (0.076) Analog System -1.191* (0.473) System Two-Way Capable 0.480 (0.365) Population Density -0.043 (0.046) Population Growth Rate 0.007* (0.003) Hispanic% -0.010+ (0.005) Age <18 % 0.052 (0.066) Age 65+ % -0.015 (0.022) Black % -0.007 (0.005) Population per HH -0.037 (0.980) Ln (Income) -0.790*
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  • reasons for the Commission to propose to delete the 2006 addition to the definition of data, amend the rules to prohibit automatically controlled stations from transmitting on frequency segments other than those specified in Section 97.221(b), or replace the symbol rate limits in Section 97.307(f) with bandwidth limitations. Consequently, we deny the Petition. IT IS ORDERED that, pursuant to Section 1.407 of the Commission's Rules, 47 C.F.R. � 1.407, the Petition for Rule Making submitted by Mark Miller on March 27, 2007, RM-11392, 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, 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau See RM-11392,
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  • so that he or she can ensure the repeater is properly operated as required by Section 97.105(a). Accordingly, there is no conflict between the rules, and no grounds for the Commission to propose to amend Section 97.105(a). 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 1.407 of the Commission's Rules, 47 C.F.R. � 1.407, the petition for rulemaking submitted by Murray Green on March 24, 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, 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau Petition by Murray Green,
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  • repeater's use to certain stations, should be addressed to the local frequency coordinator so that repeater problem can be expeditiously dealt with at the local level by people with first-hand knowledge of the facts. 14397 Murray Green . Accordingly, ITIS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.407 of the Commission's Rules, 47 C.F.R. � 1.407, the petition for rulemaking submitted by Murray Green on March 24, 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, 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau 14398
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  • of about 39.5 dBW in 50 MHz, and would transmit in a predominantly northern direction to protect primary geostationary Fixed-Satellite Service (FSS) satellites. According to Qualcomm, its proposed system could be one of two similar systems operating throughout the 14.0-14.5 GHz band. Some commenters supported the request to initiate a rulemaking on Qualcomm's proposal, while other commenters did not. Section 1.407 requires the Commission to determine that a petition for rulemaking discloses sufficient reasons in support of the action requested to justify the institution of a rulemaking proceeding. To assist the Commission in making that determination, the International Bureau requested additional technical information from Qualcomm about its proposal, and Qualcomm responded with letters on January 30, March 29, and April 6,
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  • Frequency Allocations. 6Id. 5223 39.5dBW in 50 MHz, and would transmit in a predominantly northern direction to protect primary geostationary Fixed-Satellite Service (FSS) satellites. According to Qualcomm, its proposed system could be one of two similar systems operating throughout the 14.0-14.5 GHz band. Some commenters supported the request to initiate a rulemaking on Qualcomm's proposal,7while other commenters did not.8 Section 1.407 requires the Commission to determine that a petition for rulemaking discloses sufficient reasons in support of the action requested to justify the institution of a rulemaking proceeding.9 To assist the Commission in making that determination, the International Bureau requested additional technical information from Qualcomm about its proposal,10and Qualcomm responded with letters on January 30, March 29, and April 6, 2012.11
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  • allocation at 1990-2025/2165-2200 MHz, of which 1990-2010/2170-2200 MHz is global. Globalstar is licensed in the band 1610-1621.35 MHz for service uplinks and in the band 2483.5-2500 MHz for service downlinks, and is an applicant in the United States for the band 1990-2025 MHz for service uplinks and for the band 2165-2200 MHz for service downlinks. See 47 C.F. R. � 1.407. See 5 U.S.C. � 603. See generally 47 C.F.R. �� 1.1202, 1.1203, 1.1206(a). See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Memorandum Opinion and Order, 13 FCC Rcd 21517 (1998); Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998). See 5 U.S.C. � 603. The RFA,
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  • were coordinated with CEQ to assure compliance with its requirements. Thus, even if we were to proceed with a rulemaking in response to PEER's petition, which is not the case here, PEER has not demonstrated a need for a joint rulemaking with other agencies. In summary, we conclude that PEER's petition does not provide sufficient justification, as required by section 1.407 of the Commission's rules, to warrant the initiation of a rulemaking proceeding. conclusion Accordingly, for the reasons stated above, PEER's request for rulemaking IS HEREBY DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary SEPARATE STATEMENT OF COMMISSIONER MICHAEL J. COPPS RE: Public Employees for Environmental Responsibility Request for Amendment of the Commission's Environmental Rules Regarding NEPA and NHPA, RM-9913 (released
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  • public interest to initiate a rulemaking proceeding on the more narrow Dabtcom proposal. We expect to initiate a proceeding on the issue of emergency communications systems in the next year. In view of the foregoing, we find that the institution of a rulemaking proceeding is not warranted at this time. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to Section 1.407 the Commission's Rules, that Dabtcom's petition for rulemaking IS DENIED. IT IS FURTHER ORDERED THAT this Order shall be sent, by certified mail, return receipt requested, to Dabtcom Technologies, Inc., 6285 Karl Road, Columbus Ohio 43229. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See 47 C.F.R. �� 11.1 - 11.62. Public Notice, Consumer Information Bureau , Reference Information Center, Petition
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  • base the $1.49 proposed safe-harbor on the PIC-change charge BellSouth has imposed since July 1, 1990. See Petition at 4-9. See also ASCENT Comments; Excel Comments; WorldCom Comments at 4-7. See AT&T Comments at 5-6, n. 8; IDT Comments at 5, n. 21. See CBT Comments at 3-6; SBC Comments at 3-8; Verizon Comments at 4-5. See 47 C.F.R. � 1.407. See 1984 Access Tariff Order, App. B at 13-5. MCI Order, 15 FCC Rcd at 9329, para. 2. We currently do not have empirical evidence demonstrating the effect of the PIC-change charge on competition for long distance service. The evidence we do have is that numerous long distance carriers regularly pay this charge on behalf of new customers. See ASCENT
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  • In addition to the overlashing issues, TU Electric claims it wrongly was assigned the burden of proof on the reasonableness of the Agreement's disclosure and indemnification provisions. We discuss this contention infra, section III.D. See Adoption of Rules for the Regulation of Cable Television Pole Attachments, First Report and Order, 68 FCC2d 1585, 1598, � 40 (1978); 47 C.F.R. �� 1.407, 1.1404(j), 1.1409(a); cf. Implementation of the Telecommunications Act of 1996, Amendment of Rules Governing Procedures to Be Followed When Formal Complaints Are Filed Against Common Carriers, Report and Order, 12 FCC Rcd 22497, 22617, � 295 (1997) (subsequent history omitted) (it is ``incumbent upon a defendant . . . to respond fully to any prima facie showing made by a
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  • Commission's rules to permit rate-of-return carriers to reduce from twenty-four to five the number of SLCs that they may assess on customers of derived channel T-1 service (where the customer provides the terminating channelization equipment) without foregoing recovery of the associated SLC revenues from the ICLS. ordering clauses Accordingly, IT IS ORDERED that, pursuant to the authority contained in section 1.407 of the Commission's rules, 47 C.F.R. � 1.407, the National Exchange Carrier Association, Inc. Petition for Rulemaking IS GRANTED. IT IS FURTHER ORDERED that, pursuant to the authority contained in sections 1, 2, 4(i), 4(j), 201-205, and 303 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 152, 154(i), 154(j), 201-205, and 303, NOTICE IS HEREBY GIVEN
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  • the C/F Block Sixth Report and Order. After full consideration of the entrepreneur eligibility issue in 2000, the Commission balanced the competing interests of large and small carriers when it chose to open some C block licenses to all bidders and retain the remainder for entrepreneurs. The petitioner and supporting commenters have not provided sufficient reasons, as required under Section 1.407 of our rules, to initiate a rulemaking to reexamine the Commission's decision and the underlying policies. Therefore, we deny the petition for rulemaking filed by CTIA. CTIA and supporting commenters assert that a rulemaking to review the current eligibility rules for the C block is necessary because of an increased demand for spectrum immediately usable by national carriers for additional
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  • 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), NOTICE IS HEREBY GIVEN of the proposed amendment to Part 97 of the Commission's Rules, 47 C.F.R. Part 97, as described above, and that COMMENT IS SOUGHT on these proposals. IT IS FURTHER ORDERED that, pursuant to Section 1.407 of the Commission's Rules, 47 C.F.R � 1.407, the Petition for Rulemaking, RM-10781, submitted by Peter M. Beauregard on July 15, 2003, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 1.407 of the Commission's Rules, 47 C.F.R � 1.407, the Petition for Rulemaking, RM-10782, submitted by P.V. Coppola et. al. on July 18, 2003, IS GRANTED to the
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  • Commission's Internet site. For further information, contact Jeremy D. Marcus at (202) 418-0059. Accessible formats (computer diskettes, large print, audio recording and Braille) are available to persons with disabilities by contacting the Consumer & Governmental Affairs Bureau, at (202) 418-0531, TTY (202) 418-7365, or at . Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to the authority contained in section 1.407 of the Commission's rules, 47 C.F.R. � 1.407, the AT&T Corp. Petition for Rulemaking IS GRANTED to the extent specified herein and otherwise IS DENIED. IT IS FURTHER ORDERED that, pursuant to the authority contained in sections 1, 2, 4(i), 4(j), 201-205, and 303 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 152, 154(i), 154(j), 201-205,
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  • filed by Americatel Corporation on September 5, 2002, IS GRANTED IN PART AND DENIED IN PART, to the extent provided herein. IT IS FURTHER ORDERED THAT, pursuant to the authority contained in sections 1-4, 201, 202, 222, 258, and 303(r) of the Communications Act of 1934, as amended; 47 U.S.C. �� 151-154, 201, 202, 222, 258, and 303(r), and section 1.407 of the Commission's rules, 47 C.F.R. � 1.407, that the Petition for Rulemaking filed by AT&T Corp, Sprint Corporation, and WorldCom, Inc. on November 22, 2002, IS GRANTED IN PART AND DENIED IN PART, to the extent provided herein. IT IS FURTHER ORDERED that the Commission's Consumer & Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of the
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  • been approved by OMB. The Commission will publish a document in the Federal Register announcing the effective date of these rules. IT IS FURTHER ORDERED that, pursuant to the authority contained in sections 1-4, 201, 202, 222, 258, and 303(r) of the Communications Act of 1934, as amended; 47 U.S.C. �� 151-154, 201, 202, 222, 258, and 303(r), and section 1.407 of the Commission's rules, 47 C.F.R. � 1.407, that the Request for Modification filed by AT&T Corp, BellSouth Corporation, Sprint Corporation, Qwest Communications International Inc., and Verizon Communications, Inc. on April 15, 2005, and June 15, 2005, IS GRANTED IN PART AND DENIED IN PART, to the extent provided herein. IT IS FURTHER ORDERED that the Commission's Consumer & Governmental
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  • 47 U.S.C. �� 154(i), 154(j), and 303(r), NOTICE IS HEREBY GIVEN of the proposed amendment to Part 97 of the Commission's Rules, 47 C.F.R. Part 97, as described above, and that COMMENT IS SOUGHT on this proposal to amend Part 97 of the Commission's Rules as set forth in the Appendix. 32. IT IS FURTHER ORDERED that, pursuant to Section 1.407 of the Commission's Rules, 47 C.F.R � 1.407, the Petition for Rule Making filed by Barbara J. Levow on May 20, 2008 IS DENIED. 33. IT IS FURTHER ORDERED that, pursuant to Section 1.407 of the Commission's Rules, 47 C.F.R � 1.407, the Petition to Change Part 97.19(c)(2) of the Amateur Radio Service Rules filed by Steven Bryant on June
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  • and 332 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(f), 303(r), 332, this Notice of Proposed Rule Making and Memorandum Opinion and Order on Reconsideration IS ADOPTED. IT IS FURTHER 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), 303(r), and Section 1.407 of the Commission's Rules, 47 C.F.R. � 1.407, the petition for rulemaking filed by Garmin International, Inc., RM-10762, on July 22, 2003 IS GRANTED to the extent stated herein. IT IS FURTHER 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), 303(r), and Section 1.407 of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1_Rcd.pdf
  • 303(r), and 332 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(f), 303(r), 332, this Notice of Proposed Rule Making and Memorandum Opinion and Order on Reconsideration IS ADOPTED. 85.ITIS FURTHER 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), 303(r), and Section 1.407 of the Commission's Rules, 47 C.F.R. � 1.407, the petition for rulemaking filed by Garmin International, Inc., RM-10762, on July 22, 2003 IS GRANTED to the extent stated herein. 86.ITIS FURTHER 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), 303(r), and Section 1.407 of the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-183A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-183A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-183A1.txt
  • service and is not entitled to the protection'' that may be afforded by relevant Commission precedent. Id. Mt. Wilson Reply at 2, n.1 Id.; see also Mt. Wilson Petition at 3. Mt Wilson Petition at 3. Id. Sirius XM Opposition at 2. Id. at 2, n.4 (citing 5 U.S.C. � 553 (Administrative Procedure Act) and 47 C.F.R. �� 1.399 - 1.407 (procedural rules for requests to amend the Commission's rules)). Sirius XM Opposition at 3. Id. Mt. Wilson Reply at 2. Id. Mt. Wilson states that Sirius XM should voluntarily accept the proposed condition as the ``quid pro quo'' for the Commission grant of its applications. Id. at 3. See Safeview Inc., Memorandum Opinion and Order, 25 FCC Rcd 592, 594,
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  • amended, 47 U.S.C. �� 154(i), 154(j), and 303(r), NOTICE IS HEREBY GIVEN of the proposed amendment to Part 97 of the Commission's Rules, 47 C.F.R. Part 97, as described above, and that COMMENT IS SOUGHT on this proposal to amend Part 97 of the Commission's Rules as set forth in Appendix A. IT IS FURTHER ORDERED that, pursuant to Section 1.407 of the Commission's Rules, 47 C.F.R � 1.407, the Petition for Rulemaking, RM-11325, submitted by the American Radio Relay League, Inc., on March 13, 2006 IS GRANTED to the extent indicated herein. IT IS FURTHER ORDERED that Part 97 of the Commission's Rules is AMENDED in accordance with the foregoing Order and as set forth in Appendix B, effective upon
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-53A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-53A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-53A1.txt
  • , 303(r) and Section 1.2 of the Commission's rules, 47 C.F.R. � 1.2, the Petition for Declaratory Ruling filed on September 25, 2008, by Jack Daniel, DBA Jack Daniel Company IS DENIED. IT IS FURTHER 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), 303(r), and Section 1.407 of the Commission's Rules, 47 C.F.R. � 1.407, that the Petitions for Rulemaking filed by Bird Technologies Group on August 18, 2005, by The DAS Forum (A Membership Section of PCIA - The Wireless Infrastructure Association) on October 23, 2009, and by Wilson Electronics, Inc. on November 3, 2009, ARE GRANTED to the extent provided herein, and otherwise ARE DENIED.
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  • Section 1.2 of the Commission's rules, 47 C.F.R. � 1.2, the Petition for Declaratory Ruling filed on June 3, 2011 by Sprint Nextel Corp. IS DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 1, 2, 4(i), 4(j), 301, and 303 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 152, 154(i), 154(j), 301, 303, and Section 1.407 of the Commission's Rules, 47 C.F.R. � 1.407, the Petition for Rulemaking in the alternative filed on June 3, 2011 by Sprint Nextel Corp. IS GRANTED. IT IS FURTHER ORDERED that the Commission's Consumer & Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief
• http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00455.doc http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00455.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00455.txt
  • allocation at 1990-2025/2165-2200 MHz, of which 1990-2010/2170-2200 MHz is global. Globalstar is licensed in the band 1610-1621.35 MHz for service uplinks and in the band 2483.5-2500 MHz for service downlinks, and is an applicant in the United States for the band 1990-2025 MHz for service uplinks and for the band 2165-2200 MHz for service downlinks. See 47 C.F. R. � 1.407. See 5 U.S.C. � 603. See generally 47 C.F.R. �� 1.1202, 1.1203, 1.1206(a). See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Memorandum Opinion and Order, 13 FCC Rcd 21517 (1998); Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998). See 5 U.S.C. � 603. The RFA,
• http://transition.fcc.gov/eb/Orders/2002/FCC-02-163A1.html
  • to initiate a rulemaking proceeding on the more narrow Dabtcom proposal. We expect to initiate a proceeding on the issue of emergency communications systems in the next year. 6. In view of the foregoing, we find that the institution of a rulemaking proceeding is not warranted at this time. IV. ORDERING CLAUSES 7. ACCORDINGLY, IT IS ORDERED, pursuant to Section 1.407 the Commission's Rules,4 that Dabtcom's petition for rulemaking IS DENIED. 8. IT IS FURTHER ORDERED THAT this Order shall be sent, by certified mail, return receipt requested, to Dabtcom Technologies, Inc., 6285 Karl Road, Columbus Ohio 43229. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 See 47 C.F.R. 11.1 - 11.62. 2 Public Notice, Consumer Information Bureau , Reference
• http://transition.fcc.gov/eb/Orders/2003/FCC-03-173A1.html
  • 12-18. In addition to the overlashing issues, TU Electric claims it wrongly was assigned the burden of proof on the reasonableness of the Agreement's disclosure and indemnification provisions. We discuss this contention infra, section III.D. 61 See Adoption of Rules for the Regulation of Cable Television Pole Attachments, First Report and Order, 68 FCC2d 1585, 1598, 40 (1978); 47 C.F.R. 1.407, 1.1404(j), 1.1409(a); cf. Implementation of the Telecommunications Act of 1996, Amendment of Rules Governing Procedures to Be Followed When Formal Complaints Are Filed Against Common Carriers, Report and Order, 12 FCC Rcd 22497, 22617, 295 (1997) (subsequent history omitted) (it is ``incumbent upon a defendant . . . to respond fully to any prima facie showing made by a complainant,
• 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
  • 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 - 6. Accordingly, IT IS ORDERED that the "Emergency Request for Stay" filed by Radiofone,
• http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00455.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00455.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2000/fcc00455.txt
  • allocation at 1990-2025/2165-2200 MHz, of which 1990-2010/2170-2200 MHz is global. Globalstar is licensed in the band 1610-1621.35 MHz for service uplinks and in the band 2483.5-2500 MHz for service downlinks, and is an applicant in the United States for the band 1990-2025 MHz for service uplinks and for the band 2165-2200 MHz for service downlinks. See 47 C.F. R. � 1.407. See 5 U.S.C. � 603. See generally 47 C.F.R. �� 1.1202, 1.1203, 1.1206(a). See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Memorandum Opinion and Order, 13 FCC Rcd 21517 (1998); Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998). See 5 U.S.C. � 603. The RFA,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000072.doc
  • denying the petition for rulemaking and not initiating a rulemaking. To the extent that the proposals made in the petition continue to be relevant to the Petitioner's interests notwithstanding the passage of time, the Petitioners may file a more current version of their petition for rulemaking for our consideration. IV. ORDERING CLAUSE 5. Accordingly, IT IS ORDERED, pursuant to Section 1.407 of the Commission's rules, 47 C.F.R. Section 1.407, that the petition for rulemaking filed by the United States Telephone Association , National Telephone Cooperative Association, Organization for the Protection and Advancement of Small Telephone Companies, National Rural Telephone Association, and Rural Electrification Administration, IS DENIED without prejudice. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Sugrue Chief, Wireless Telecommunications Bureau See Petition to
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000236.doc
  • in effect to permit new facilities to be constructed and brought into operation until such time as it may be terminated by the Commission or on proper exercise of delegated authority. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 303(r) of the Communications Act, as amended, 47 U.S.C. �� 154(i), 303(r), and sections 0.331 and 1.407 of the Commission's rules, 47 C.F.R. �� 0.331, 1.407, the Petition for Rulemaking filed by Easterbrooke Cellular Corporation and United States Cellular Corporation on May 4, 1995, IS HEREBY DENIED. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 303(r) of the Communications Act, as amended, 47 U.S.C. �� 154(i), and 303(r), and sections 0.331 and 1.925 of the
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000455.doc
  • radiators and/or the need for additional associated equipment. Although it appears that there may be some merit to Andrew's request, we find that the public interest would be better served by our considering this matter along with other potential Part 22 amendments in connection with our forthcoming Year 2000 Biennial Review of Regulations. Accordingly, IT IS ORDERED, pursuant to Section 1.407 of the Commission's rules, 47 C.F.R. Section 1.407, that the petition for rulemaking filed by Andrew Corporation is DENIED. FEDERAL COMMUNICATIONS COMMISSION James D. Schlichting Deputy Chief, Wireless Telecommunications Bureau Andrew Corporation, Petition for Rule Making, filed September 18, 1998 (RM-9387). Placed on Public Notice, November 3, 1998 (Report No. 2304). Supporting comments were filed by Airtouch Communications, Inc., GTE
• http://www.fcc.gov/eb/Orders/2002/FCC-02-163A1.html
  • to initiate a rulemaking proceeding on the more narrow Dabtcom proposal. We expect to initiate a proceeding on the issue of emergency communications systems in the next year. 6. In view of the foregoing, we find that the institution of a rulemaking proceeding is not warranted at this time. IV. ORDERING CLAUSES 7. ACCORDINGLY, IT IS ORDERED, pursuant to Section 1.407 the Commission's Rules,4 that Dabtcom's petition for rulemaking IS DENIED. 8. IT IS FURTHER ORDERED THAT this Order shall be sent, by certified mail, return receipt requested, to Dabtcom Technologies, Inc., 6285 Karl Road, Columbus Ohio 43229. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 See 47 C.F.R. 11.1 - 11.62. 2 Public Notice, Consumer Information Bureau , Reference
• http://www.fcc.gov/eb/Orders/2003/FCC-03-173A1.html
  • 12-18. In addition to the overlashing issues, TU Electric claims it wrongly was assigned the burden of proof on the reasonableness of the Agreement's disclosure and indemnification provisions. We discuss this contention infra, section III.D. 61 See Adoption of Rules for the Regulation of Cable Television Pole Attachments, First Report and Order, 68 FCC2d 1585, 1598, 40 (1978); 47 C.F.R. 1.407, 1.1404(j), 1.1409(a); cf. Implementation of the Telecommunications Act of 1996, Amendment of Rules Governing Procedures to Be Followed When Formal Complaints Are Filed Against Common Carriers, Report and Order, 12 FCC Rcd 22497, 22617, 295 (1997) (subsequent history omitted) (it is ``incumbent upon a defendant . . . to respond fully to any prima facie showing made by a complainant,
• http://www.fcc.gov/fcc-bin/audio/DA-04-3907A1.doc http://www.fcc.gov/fcc-bin/audio/DA-04-3907A1.pdf
  • 760 n.2 (1988), citing Cruz v. Ferre, 755 F.2d 1415, 1420 (11th Cir. 1985) and Jones v. Wilkerson, 800 F. 2d 989 (10th Cir. 1986), aff'd, 480 U.S. 926 (1987). See also FCC v. Pacifica Foundation, 439 U.S. 726, 748-750 (1978). Your petition does not provide a basis to revisit that determination. Based on these precedents and pursuant to Section 1.407 of the Commission's rules, we decline to grant your rulemaking request. Sincerely, W. Kenneth Ferree Chief, Media Bureau Federal Communications Commission Washington, D.C. 20554 " � � $ " ) , - . 4 5 O Z n � � � � � � � ,� d��; s�W'�*�w�����u��ԣuD�A�:qS 7|x_ �P���n��''��ۆO� ]�-Ea�k � �``0E��a2�|�Y� q�ψ�)p�^D9) �@܎^��9�9'r�(R)ȣv܃�F � ��(��M̴� q'>3�·w�O� �1��F�{�r�"WV�S�...�z�L"0�ځ����dͽ�v[�E� �