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WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON PETITION FOR RECONSIDERATION OR CLARIFICATION OF THE COMMISSION'S DECLARATORY RULING CLARIFYING PROVISIONS IN SECTION 332(c) OF THE COMMUNICATIONS ACT

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Released: December 23, 2009

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 09-2629

Released: December 23, 2009

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON

PETITION FOR RECONSIDERATION OR CLARIFICATION OF THE

COMMISSION’S DECLARATORY RULING CLARIFYING PROVISIONS IN

SECTION 332(c)(7) OF THE COMMUNICATIONS ACT

WT Docket No. 08-165

Comment Date: January 22, 2010
Reply Date: February 8, 2010

On December 17, 2009, the National Association of Telecommunications Officers and Advisors,
the United States Conference of Mayors, the National League of Cities, the National Association of
Counties, and the American Planning Association filed a petition1 requesting that the Commission
reconsider or clarify its decision2 interpreting provisions in Section 332(c)(7) of the Communications Act,
as amended.3 Petitioners argue in their Petition that the Commission’s adoption of a 30-day review
period for local authorities to determine the completeness of a wireless facilities siting request exceeds its
authority under its own interpretation, does not allow local authorities to toll the adopted time limits for
other reasons, and will result in significant unintended consequences. The Petition also argues that the
Commission did not provide affected parties the opportunity for input before adopting the 30-day review
period.

Procedural Matters

Interested parties may file oppositions on or before January 22, 2010, and replies on or before

February 8, 2010

. All filings should reference the docket number of this proceeding, WT Docket No.
08-165.
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, 1.1206. Persons making oral ex parte


1 In the Matter of Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely
Siting Review and to Preempt under Section 253 State and Local Ordinances that Classify All Wireless Siting
Proposals as Requiring a Variance, Petition for Reconsideration or Clarification, WT Docket No. 08-165, filed Dec.
17, 2009 (Petition).
2 In the Matter of Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely
Siting Review and to Preempt under Section 253 State and Local Ordinances that Classify All Wireless Siting
Proposals as Requiring a Variance, Declaratory Ruling, WT Docket No. 08-165, FCC 09-99 (Nov. 18, 2009).
3 47 U.S.C. § 332(c)(7).

presentations are reminded that memoranda summarizing the presentations must contain summaries of the
substance of the presentations and not merely a listing of the subjects discussed. More than a one- or two-
sentence description of the views and arguments presented generally is required. See 47 C.F.R.
§ 1.1206(b). 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, 47 C.F.R. § 1.1206(b).
Comments may be filed using (1) the Commission’s Electronic Comment Filing System (ECFS),
(2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies.4 Comments can be filed
through the Commission’s ECFS filing interface located at the following Internet address:
http://www.fcc.gov/cgb/ecfs/. Comments can also be filed via the Federal eRulemaking Portal:
http://www.regulations.gov.5 In completing the transmittal screen, commenters should include their full
name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties who
choose to file by paper must file an original and four copies 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.
§
Effective December 28, 2009, 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. All hand deliveries must be held together with rubber bands or
fasteners. Any envelopes must be disposed of before entering the building.

PLEASE NOTE

:
Through December 24, 2009, the Commission’s contractor will receive hand-delivered or messenger-
delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, NE, Suite 110,
Washington, DC 20002. This filing location will be permanently closed after December 24, 2009.
The filing hours at both locations are 8:00 a.m. to 7:00 p.m.
§
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.
Comments filed in response to this Public Notice will be available for public inspection and
copying during business hours in the FCC Reference Information Center, Portals II, 445 12th Street S.W.,
Room CY-A257, Washington, D.C. 20554, and via the Commission's Electronic Comment Filing System
(ECFS) by entering the docket number, WT Docket No. 08-165. The comments may also be purchased
from Best Copy and Printing, Inc., telephone (800) 378-3160, facsimile (301) 816-0169, e-mail
FCC@BCPIWEB.com.


4 See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998).
5 Filers should follow the instructions provided on the Federal eRulemaking Portal website for submitting
comments.
2

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 and Governmental Affairs Bureau at (202) 418-0530, (202) 418-0432 (TTY).
Wireless Telecommunications Bureau contact: Michael Rowan at Michael.Rowan@fcc.gov or
(202) 418-1883.
Action by the Chief, Wireless Telecommunications Bureau.
- FCC -
3

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