Subject: [NEXTEL-1] FCC SEEKS COMMENT ON ANNE ARUNDEL COUNTY RADIO FREQUENCY INTERFERENCE WT Docket No. 02-100

From: [email-masked]
Date: Tue, 26 Aug 2003 16:58:49 -0400

PUBLIC NOTICE

FEDERAL COMMUNICATIONS COMMISSION
445 TWELFTH STREET, S.W.
WASHINGTON, D.C. 20554

News media information 202/418-0500     Fax-On-Demand  202/418-2830     Internet:
http://www.fcc.gov    ftp.fcc.gov
                   DA 03-2734
        Released:  August 26, 2003

WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON APPLICATION FOR REVIEW OF THE
WIRELESS TELECOMMUNICATIONS BUREAU’S ORDER GRANTING A PETITION FOR DECLARATORY
RULING THAT PROVISIONS OF THE  ANNE ARUNDEL COUNTY, MARYLAND ZONING ORDINANCE ARE
PREEMPTED AS IMPERMISSIBLE REGULATION OF RADIO FREQUENCY INTERFERENCE

WT Docket No. 02-100

Comment Date: September 26, 2003   Reply Comment Date: October 14, 2003

On August 6, 2003, Anne Arundel County, Maryland (“County”) filed an Application
for Review (“Application”) requesting that the full Commission reverse a decision
by the Wireless Telecommunications Bureau (“Bureau”) in a Memorandum Opinion and
Order (“Order”), DA 03-2196, released July 7, 2003, granting a Petition for
Declaratory Ruling filed by Cingular Wireless LLC finding that provisions of the
County’s zoning ordinance are preempted under federal law.   The County maintains
that reversal of the Bureau’s decision is required because the Order conflicts
with a controlling statute, 47 U.S.C. § 332(c)(7)(B), and applies a precedent or
policy that should be overturned or revised.  The County further states that,
pending implementation of the Commission’s 800 MHz proceeding,  the Bureau’s
decision leaves public safety systems of local governments such as the County’s
vulnerable to and powerless to deal with potentially deadly radio frequency
interference from wireless systems of commercial mobile radio service providers
operating in the 800 MHz band.

Interested parties may file comments on the County’s Application for Review on or
before September 26, 2003.  Parties interested in submitting reply comments must
do so on or before October 14, 2003.  All comments should reference the
Application, Docket No. WT 02-100 and DA number of this Public Notice, DA 03-2734.

This matter has been designated as a "permit but disclose" proceeding in
accordance with the Commission's ex parte rules.  47 C.F.R. §§ 1.1200(a),
1.1206.   Persons making oral ex parte 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 is generally
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).

The Application is available for public inspection and copying in the Commission’s
Reference Center, Room CY-A257, 445 12th Street, S.W., Washington, DC 20554.
Copies of the Application are also available from Qualex International, Portals
II, 445 12th Street, SW, Room CY-B402, Washington, D.C. 20554, telephone (202)
863-2893, facsimile (202) 863-2898, or e-mail at [email-masked].  Copies of the
Application also may be obtained via the Commission’s Electronic Comment Filing
System (ECFS), which is accessible at http://www.fcc.gov/e-file/ecfs.html, by
entering the Docket Number of this proceeding, Docket No. WT 02-100.

 Under the Commission’s current procedures for the submission of filings and other
documents, submissions in this matter may be filed electronically or by paper,
according to the instructions below.

? If filed electronically by e-mail, pleadings shall be filed at the following
e-mail address: [email-masked].  Please also copy (CC) Milton Price at
[email-masked].  For security purposes, we recommend that pleadings filed
via electronic mail be converted to PDF format.

? If filed by ECFS,  comments shall be sent as an electronic file via the Internet
to http://www.fcc.gov/e-file/ecfs.html.  Generally, only one copy of an electronic
submission must be filed.  If multiple docket or rulemaking numbers appear in the
caption of this proceeding, however, commenters must transmit one electronic copy
of the comments to each docket or rulemaking number referenced in the caption.  In
completing the transmittal screen, commenters should include their full name,
Postal Service mailing address, and the applicable docket or rulemaking number.
Parties may also submit an electronic comment by Internet e-mail.  To get filing
instructions for e-mail comments, commenters should send an e-mail to
[email-masked], and should include the following words in the body of the message,
“get form <your e-mail address>.”  A sample form and directions will be sent in
reply.

? If filed by paper, the original and four copies of each filing must be filed by
hand or messenger delivery, by commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail).  The Commission will receive hand-delivered
or messenger-delivered paper filings addressed to the Commission's Secretary at
236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002.  The filing
hours at this location are 8:00 a.m. to 7:00 p.m.  All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes 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 mail, Express Mail,
and Priority Mail should be addressed to 445 12th Street, SW, Washington, D.C.
20554.  All filings must be addressed to the Commission's Secretary, Office of the
Secretary, Federal Communications Commission.

One copy of each pleading must be delivered electronically, by e-mail or
facsimile, or if delivered as paper copy, by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S. Postal Service
mail (according to the procedures set forth above for paper filings) to:  (1) the
Commission’s duplicating contractor, Qualex International, Portals II, 445 12th
Street, SW, Room CY-B402, Washington, DC 20554, telephone (202) 863-2893,
facsimile (202) 863-2898, or via e-mail at the following e-mail address:
[email-masked].; (2) Milton Price, Commercial Wireless Division, Wireless
Telecommunications Bureau, Federal Communications Commission, 445 12th  Street,
SW, Washington, DC 20554 or (202) 418-7447 (facsimile), or via e-mail at the
following e-mail address: [email-masked].

For further information contact: Gary Oshinsky, Commercial Wireless Division,
Wireless Telecommunications Bureau, at (202) 418-7167.

- FCC -

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2734A1.doc

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