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Petition For Declaratory Ruling Under OTARD Rule

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Released: February 5, 2014

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 14-144

Released: February 5, 2014

MEDIA BUREAU ACTION

MEDIA BUREAU SEEKS COMMENT ON PETITION REQUESTING DECLARATORY

RULING THAT THE RULES OF THE DUTCH RIDGE HOMEOWNERS ASSOCIATION, INC.,

LITTLETON, COLORADO ARE PREEMPTED BY THE COMMISSION’S OVER-THE-AIR

RECEPTION DEVICES RULE

CSR 8869-O

Comments due: March 7, 2014
Reply Comments due: March 24, 2014

Rhonda Rivenburg (“Petitioner”) has filed a Petition for Declaratory Ruling asking the Commission to
determine whether antenna installation rules of the Dutch Ridge Homeowners Association
(“Association”) are preempted by Section 1.4000 of the Commission’s rules (“Over-The-Air-Reception-
Devices Rule”). The Association opposes Petitioner’s placement of her satellite dish on the roof of her
storage unit.
This proceeding will be treated as “permit but disclose” for purposes of the Commission’s ex parte rules.
See generally 47 C.F.R. §§ 1.1200-1.1216. As a result of the permit-but-disclose status of this
proceeding, ex parte presentations will be governed by the procedures set forth in Section 1.1206 of the
Commission’s rules applicable to non-restricted proceedings.1 Persons making ex parte presentations
must file a copy of any written presentation or a memorandum summarizing any oral presentation within
two business days after the presentation (unless a different deadline applicable to the Sunshine period
applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex
parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b). Written ex parte presentations and memoranda summarizing oral ex parte
presentations, and all attachments thereto, must be filed through the electronic comment filing system


1 47 C.F.R. § 1.1206.

available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable
.pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules.
Parties may file responses to the Petition on or before

March 7, 2014

and replies on or before

March 24,
2014

. Please place the case identifier,

CSR 8869-O

, on all filings. Comments may be filed using the
Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings
, 63 FR 24121 (1998).
§
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: http://fjallfoss.fcc.gov/ecfs2/.
§
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
§
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s
Secretary, Office of the Secretary, Federal Communications Commission.
§
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
§
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
§
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
§
People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
Copies of the Petition and any subsequently filed documents in this matter are also available for
inspection in the Commission’s Reference Information Center:
445 12th Street, S.W., CY-Level
Washington, D.C. 20554
(202) 418-0270
For further information, contact Sonia Greenaway-Mickle of the Media Bureau, (202) 418-1419. Press
inquiries should be directed to Janice Wise (202) 418-8165.
-FCC-
2

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