FCC Web Documents citing 1.4000

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-187A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-187A1.pdf
  • performance of the Commission's various responsibilities. See United States v. Southwestern Cable Co., 392 U.S. 157, 178 (1968) (Southwestern Cable); see also FCC v. Midwest Video Corp., 440 U.S. 689 (1979); United States v. Midwest Video Corp., 406 U.S. 649 (1972) (Midwest Video); Promotion of Competitive Networks in Local Telecommunications Markets, Wireless Commun. Ass'n Int'l, Inc., Petition to Amend Section 1.4000 of the Commission's Rules, WT Docket No. 99-217, CC Docket No. 96-98, and CC Docket No. 88-57, First Report and Order and Further Notice of Proposed Rulemaking in WT Docket No. 99-217, Fifth Report and Order and Memorandum Opinion and Order in CC Docket No. 96-98, and Fourth Report and Order and Memorandum Opinion and Order in CC Docket No.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2170A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2170A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2170A1.txt
  • legitimate and important interest in managing land use in their communities. The Commission has two rules that govern the installation and use of satellite antennas as well as specify when local zoning ordinances are preempted by federal rules. Section 25.104 governs restrictions on the installation, maintenance and use of satellite earth station antennas greater than one meter in diameter. Section 1.4000 governs over the air reception devices (``OTARD''), including satellite antennas one meter or less in diameter. These rules seek to balance local and federal concerns. C. The Waiver Standard 5. In order to further the federal interests of competition and access to communications facilities without interfering with local interests, Section 25.104(a) preempts local zoning restrictions that limit transmission or reception
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2488A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2488A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2488A1.txt
  • CABLE SERVICES BUREAU ACTION petition seeking declaratory ruling that certain restrictions of condominium association are preempted by the commission's over-the-air reception devices rule The Commission has received a Petition for Declaratory Ruling from Stephen Yusi asking the Commission to determine whether the Harrison House Condominium Board's (``HHCB'') conditions or restrictions prohibiting installation of satellite dish antennas are preempted by Section 1.4000 of the Commission's rules. The petition alleges HHCB's restrictions violate the Commission's rule preempting restrictions that impair installation, maintenance or use of over-the-air reception devices (satellite dishes and antennas) by prohibiting the installation of a satellite dish antenna on a balcony or patio. HHCB is located in Harrison, New York. Parties may file responses to the Petition on or before
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2759A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2759A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2759A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 2 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Irvin and Barbara Guterman Petition for Declaratory Ruling Pursuant to 47 C.F.R. � 1.4000 ) ) ) ) ) ) CSR 5503-O Adopted: December 6, 2000 Released: December 12, 2000 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: background Petitioners Irvin and Barbara Guterman (herein the ``Gutermans''), filed a Petition for Declaratory Ruling (``Petition'') seeking a determination whether Section 8 of the Dumont Oaks Corporation (``Dumont Oaks'') Declaration of Protective Covenants,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1058A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1058A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1058A1.txt
  • and Order, FCC 00-400, (rel. Dec. 21, 2001) (Part 68 Streamlining Order). 66 Fed. Reg. 7579 (January 24, 2001). See 47 C.F.R. �� 68.218, 68.320, 68.324, 68.604. Part 68 Streamlining Order, FCC 00-400 at para. 134. See OMB No. 3060-0056. See Promotion of Competitive Networks in Local Telecommunications Markets, Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone Network, First Report and Order and Further Notice of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1206A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1206A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1206A1.txt
  • the approval of the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act. First, the Commission amended Section 68.105 of the Commission's rules to require, among other things, that a provider of wireline telecommunications services provide the location of the network demarcation point to a requesting premises owner within ten business days. Second, the Commission amended Section 1.4000 of the Commission's rules extend to customer-end antennas used for fixed wireless services existing prohibitions on third-party restrictions on the placement of antennas used to receive certain video services. As part of the latter amendment, the Commission required a licensee seeking protection of the rule for antennas that transmit signals to ensure that the antennas are labeled to give notice
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-123A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-123A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-123A1.txt
  • NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th Street, S.W., TW-A325 WASHINGTON, DC 20554 DA 01- 123 News media information 202/418-0500 Fax-On Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: January 19, 2001 COMMERCIAL WIRELESS DIVISION GRANTS WIRELESS COMMUNICATIONS ASSOCIATION INTERNATIONAL, INC. REQUEST FOR EXTENSION FOR TIME TO RESPOND TO THE REAL ACCESS ALLIANCE'S MOTION FOR STAY OF REVISED OTARD RULES, 47 C.F.R. � 1.4000, WHICH WERE PROMULGATED IN FCC 00-366 WT Docket No. 99-217 Comments due: January 26, 2001 On January 8, 2001, the Real Access Alliance filed a Motion for Stay (``Motion'') of certain rules promulgated in the First Report and Order in WT Docket No. 99-217, the Fifth Report and Order and Memorandum Opinion and Order in CC Docket No. 96-98, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1276A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1276A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1276A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Daniel and Corey Roberts Petition for Declaratory Ruling Pursuant to 47 C.F.R. � 1.4000 ) ) ) ) ) ) ) ) ) CSR 5531-0 Adopted: May 22, 2001 Released: May 24, 2001 By the Chief, Cable Services Bureau: iNTRODUCTIOn Daniel and Corey Roberts (``Petitioners'') filed a Petition for Declaratory Ruling (``Petition'') against The Canada Vistas Community Association (the ``Association''), located in Scottsdale, Arizona. Petitioners seek a determination that the Association's Covenants, Conditions, Rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-153A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-153A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-153A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) Victor Frankfurt ) CSR-5238-O ) Petition for Declaratory Ruling ) Under 47 C.F.R. � 1.4000 ) MEMORANDUM OPINION AND ORDER Adopted: January 19, 2001 Released: February 7, 2001 By the Deputy Chief, Cable Services Bureau: I. Introduction Petitioner Victor Frankfurt ("Frankfurt" or "Petitioner") filed a Petition for Declaratory Ruling ("Petition") seeking a determination that the townhome rules (the "Guidelines") governing the installation of over-the-air reception antennas adopted by New Century Town Townhouse Association No. 2
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2299A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2299A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2299A1.txt
  • certain aspects of Section 25.104, 47 C.F.R. � 25.104. Because many of these petitions were filed some time ago, the passage of time and intervening developments may have rendered the records developed for those petitions stale. Moreover, some issues raised in petitions for reconsideration may have become moot or irrelevant in light of intervening events, including Commission adoption of Section 1.4000, 47 C.F.R. �1.4000, regarding restrictions impairing reception of television broadcast signals, direct broadcast satellite services or multichannel distribution services. For these reasons, the International Bureau requests that parties that filed petitions for reconsideration following the release of the 1996 Antenna Order identify issues from that order that remain unresolved now and supplement those petitions, in writing, to indicate which findings
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2323A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2323A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2323A1.txt
  • antennas one meter or less in any area or two meters or less in commercial or industrial areas were unreasonable and would be preempted. Section 25.104 was subsequently further amended by the OTARD Order to eliminate provisions regarding satellite antennas that are one meter or smaller and used to receive video programming. Such antennas are covered by 47 C.F.R. � 1.4000 (``OTARD Rule''). Nine petitions for reconsideration of the 1996 Antenna Order were filed requesting that the Commission revise certain aspects of Section 25.104, 47 C.F.R. � 25.104. Because many of these petitions were filed some time ago, the passage of time and intervening developments may have rendered the records developed for those petitions stale. Moreover, some issues raised in petitions
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-234A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-234A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-234A1.txt
  • of the new demarcation point definition in Section 68.3 and new rule Section 68.105 is dependent upon the effective date, based on Federal Register publication, of the Competitive Networks Order, 66 Fed. Reg. 2322 (January 11, 2001). (In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets, Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services, WT Docket No. 99-217, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, CC Docket No. 96-98, and Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2824A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2824A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2824A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Stephen Yusi Petition for Declaratory Ruling Pursuant to 47 C.F.R. � 1.4000 ) ) ) ) ) ) ) ) CSR-5606-O MEMORANDUM OPINION AND ORDER Adopted: December 4, 2001 Released: December 6, 2001 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: In this Memorandum Opinion and Order, we dismiss the above-captioned petition for declaratory ruling without prejudice. Stephen Yusi (``Petitioner'') filed a Petition for Declaratory Ruling (``Petition'') against the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-940A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-940A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-940A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit h Federal Communications Commission Washington, D.C. 20554 In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services ) ) ) ) ) ) ) ) ) ) ) WT Docket No. 99-217 MEMORANDUM OPINION AND ORDER Adopted: April 17, 2001 Released: April 18, 2001 By the Deputy Chief, Wireless Telecommunications Bureau: I. Introduction On January 8, 2001,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2475A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2475A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2475A1.txt
  • for amateur communications would result in a very complicated task for HOAs to administer. 9. McVey's final argument is that the Commission's refusal to extend the limited preemption policy to CC&Rs in the context of amateur radio antenna installations will result in significant expense and burden to the Commission to hear Petitions for Waiver and Declaratory Ruling pursuant to Section 1.4000 of our rules. We conclude that this argument is speculative, at best, and does not relate to any new facts or changed circumstances. In this regard, we note that Section 1.4000 was codified in 1996, long before the Commission's denial of the ARRL's AFR. Therefore, we find that this argument does not relate to any new facts or changed circumstances
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-248A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-248A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-248A1.txt
  • International Bureau (``Bureau'') released a public notice asking parties to refresh the record regarding petitions for reconsideration of the 1996 Antenna Order. The Bureau noted that, since the release of the 1996 Antenna Order, many of the issues raised in the petitions for reconsideration may have become moot or irrelevant in light of intervening events, including Commission amendment of Section 1.4000, that applies to antennas used to transmit as well as receive both video and nonvideo services. For these reasons, the Bureau requested that parties that had petitions for reconsideration for the 1996 Antenna Order file a supplemental notice indicating the issues in such petitions, if any, they still wished to have reconsidered. The Bureau stated that, to the extent that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2556A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2556A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2556A1.txt
  • Inc. asking the Commission to determine that the installation of fixed wireless antennas on the roof tops of multiple tenant commercial buildings are within the scope of the Commission's Over-the-Air Reception Devices rule and, if so, whether the Zoning By-Laws of the Town of Needham, Massachusetts contain provisions restricting installation and placement of such antennas that are preempted by Section 1.4000 of the Commission's rules. The Petition alleges that the Zoning By-Laws violate the Commission's rule preempting restrictions that impair installation, maintenance or use of over-the-air reception devices (including satellite dishes and other fixed wireless antennas) by requiring prior approval and imposing unreasonable placement requirements. Parties may file responses to the Petition on or before November 7, 2002 and replies on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3609A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3609A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3609A1.txt
  • OF THE WOODMERE TOWNHOME ASSOCIATION OF DARIEN, ILLINOIS ARE PREEMPTED BY THE COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE The Commission has received a Petition for Declaratory Ruling from Philip Wojcikewicz asking the Commission to determine whether the Woodmere Townhome Association of Darien, Illinois has taken actions restricting the installation and placement of a television broadcast antenna that are preempted by Section 1.4000 of the Commission's rules. The Petition alleges that the Townhome Association's actions violate the Commission's rule preempting restrictions that impair installation, maintenance or use of over-the-air reception devices (including television broadcast antennas) by requiring prior approval and refusing to allow antenna installation on the roof. Parties may file responses to the Petition on or before January 31, 2003 and replies
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2971A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2971A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2971A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) Philip Wojcikewicz ) CSR XXXX-O3 ) ) Petition for Declaratory Ruling ) Under 47 C.F.R. � 1.4000 ) ) ) ) ) ) ) ) ) ) CSR-6030-0 Adopted: September 25, 2003 Released: September 29, 2003 By the Deputy Chief, Media Bureau: Introduction Petitioner Philip Wojcikewicz ("Petitioner") filed a Petition for Declaratory Ruling ("Petition") seeking a determination that the antenna restrictions in the Declaration for Woodmere Townhomes (``Declaration'') are prohibited by Section 1.4000 of the Commission's rules,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-360A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-360A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-360A1.txt
  • ARE PREEMPTED BY THE COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE On December 31, 2002, the Bureau released a Public Notice regarding a Petition for Declaratory Ruling filed by Philip Wojcikewicz asking the Commission to determine whether the Woodmere Townhome Association of Darien, Illinois has taken actions restricting the installation and placement of a television broadcast antenna that are preempted by Section 1.4000 of the Commission's rules. The Petition alleges that the Townhome Association's actions violate the Commission's rule preempting restrictions that impair installation, maintenance or use of over-the-air reception devices (including television broadcast antennas) by requiring prior approval and refusing to allow antenna installation on the roof. The Public Notice established times for filing responses and replies to this petition. Shortly before
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1844A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1844A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1844A1.txt
  • Declaratory Ruling, 2 FCC Rcd 5519 (CCB 1987) ("Mobilecomm"). See S. Rep. No. 1276, 90th Cong., 2d Sess. 1968, 1968 U.S.C.C.A.N. 2486, 2487 (1968 Senate Report); see generally 47 C.F.R �� 2.901, 2.1033, 15.5 et seq (defining the FCC's equipment certification and RFI requirements) See 1968 Senate Report at 2488. See 1968 Senate Report at 2488-91. See 47 C.F.R. � 1.4000 (2004) (``OTARD Rule''); Promotion of Competitive Networks in Local Telecommunications Markets, First Report and Order in WT Docket No. 99-217, the Fifth Report and Order and Memorandum Opinion and Order in CC Docket No. 96-98, and the Fourth Report and Order and Memorandum Opinion and Order in CC Docket No. 88-57, 15 FCC Rcd. 22,983 (2000) (extending OTARD protections to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2839A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2839A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2839A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) Michael and Alexandra Pinter ) ) ) Petition for Declaratory Ruling ) Under 47 C.F.R. � 1.4000 ) ) ) ) ) ) ) ) ) ) CSR 6245-O Adopted: August 30, 2004 Released: September 1, 2004 By the Deputy Chief, Media Bureau: I. Introduction . Petitioners Michael and Alexandra Pinter ("Petitioners") filed a Petition for Declaratory Ruling ("Petition") seeking a determination that the antenna restrictions of the Second Bear Creek Homeowners Association in Boulder, Colorado (``Association'')
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-57A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-57A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-57A1.txt
  • ACTION PETITION SEEKING DECLARATORY RULING THAT CERTAIN RESTRICTIONS OF A HOMEOWNERS ASSOCIATION IN COLORADO ARE PREEMPTED BY THE COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE The Commission has received a Petition for Declaratory Ruling from Michael and Alexandra Pinter asking the Commission to determine whether the Second Bear Creek Homeowners' Association's (``Association'') Direct Broadcast Satellite Antenna Policy (``Policy'') is preempted by Section 1.4000 of the Commission's rules (47 C.F.R. � 1.4000). The Petition alleges that the Association's written Policy and enforcement of requirements concerning the installation of satellite and other antennas violate the Commission's rule preempting restrictions that impair installation, maintenance or use of over-the-air reception devices by requiring prior approval and imposing unreasonable expenses, including attorneys' fees. Parties may file responses to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1845A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1845A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1845A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S.W. WASHINGTON, D.C. 20554 DA 05-1845 Released: June 29, 2005 MEDIA BUREAU ACTION PETITION FROM THE SHADOW WOOD CONDOMINIUM ASSOCIATION IN SAN JOSE, CALIFORNIA SEEKING A WAIVER OF SECTION 1.4000 OF THE COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULES The Commission has received a Petition for a Waiver from the Shadow Wood Condominium Association in San Jose, California (``Association'') asking the Commission to waive the enforcement of Section 1.4000 of the Commission's Over-the-Air Reception Devices rules (47 C.F.R. � 1.4000), and allow the Association to require condominium owners to install their satellite
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2213A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2213A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2213A1.txt
  • COMMENT ON PETITION FROM CONTINENTAL AIRLINES FOR DECLARATORY RULING REGARDING WHETHER CERTAIN RESTRICTIONS ON ANTENNA INSTALLATION ARE PERMISSIBLE UNDER THE COMMISSION'S OVER-THE-AIR RECEPTION DEVICES (OTARD) RULES ET Docket No. 05-247 Comment Date: August 29, 2005 Reply Comment Date: September 13, 2005 The Commission has received a Petition for a Declaratory Ruling from Continental Airlines of Houston, Texas (Continental) under Section 1.4000 of the Commission's Over-the-Air Reception Devices (OTARD) rules (47 C.F.R. �� 1.2 and 1.4000(e)). The OTARD rules prohibit certain restrictions that impair the installation, maintenance or use of antennas used to receive video programming, or customer-end antennas that receive and transmit wireless signals. By this Public Notice, the Office of Engineering and Technology is seeking comment on Continental's Petition. Continental
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2335A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2335A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2335A1.txt
  • �� 0.51, 0.261. FEDERAL COMMUNICATIONS COMMISSION Bruce Franca Acting Chief Office of Engineering and Technology See OET Seeks Comment on Petition from Continental Airlines for Declaratory Ruling Regarding Whether Certain Restrictions on Antenna Installation are Permissible under the Commission's Over-the-Air Reception Devices (OTARD) Rules, ET Docket No. 05-247, Public Notice, DA 05-2213 (rel. July 29, 2005). See 47 C.F.R. � 1.4000. See also Commission Staff Clarifies FCC's Role Regarding Radio Interference Matters and Its Rules Governing Customer Antennas and Other Unlicensed Equipment, Public Notice, DA 04-184, 19 FCC Rcd 11300 (2004). See Airports Council International - North America, Motion for Extension of Filing Deadlines, filed August 16, 2005. See Reply of Continental Airlines, Inc. to the Massachusetts Port Authority Motion for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2642A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2642A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2642A1.txt
  • Time Warner demonstrated that the programming of DirecTV and Echostar more than satisfies the Commission's requirements. Nor is the high percentage of renters of import to the instant determination. Rental dwellings constitute households for the purposes of an effective competition determination. In addition, renters are entitled to subscribe to, and install antennas to receive, DBS service in accordance with Section 1.4000 of the Commission's rules. In sum, we find that Time Warner has demonstrated that the Franchise Areas are served by at least two unaffiliated MVPDs, DirecTV and EchoStar, each of which offer comparable video programming to at least 50 percent of the households in the franchise area. Therefore, the first prong of the competing provider test is satisfied. The second
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3351A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3351A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3351A1.txt
  • we rejected a nearly identical argument that the high concentration of renters in certain franchise areas rendered DBS service ``unavailable'' in those areas. Specifically, we concluded that ``[r]ental dwellings constitute households for the purposes of an effective competition determination. In addition, renters are entitled to subscribe to, and install antennas to receive, DBS service in accordance with [47 C.F.R. Section 1.4000].'' Our past decisions also provide guidance in assessing the City's claim that DBS service is technically unavailable because of the large number of MDUs with northeast-facing balconies. In an earlier Memorandum Opinion & Order, we evaluated the City of West Palm Beach's similar assertion ``that many households in [MDUs] within this community have balconies facing toward the Atlantic Ocean and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-545A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-545A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-545A1.txt
  • with MDUs may sufficiently preclude a finding that DBS signals are available to 50 percent of the households within the communities. The Cities assert that Adelphia should be required to provide the number of households impacted by such provisions. However, as Adelphia points out, enforcement of restrictions against use of facilities for reception of DBS signals is prohibited by Section 1.4000(a)(1) of the Commission's regulations. Adelphia further states that it does not enforce any exclusivity provision against reception of DBS service. The second prong of the competing provider test requires that the number of households subscribing to MVPDs, other than the largest MVPD, exceed 15 percent of the households in a franchise area. Adelphia provided information showing that its residential subscribership
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-100A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-100A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-100A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit z z $ X z '' z z Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) Shadow Wood Condominium Association ) CSR XXXX-O3 ) ) Petition for Waiver ) Under 47 C.F.R. � 1.4000 ) ) ) ) ) ) ) ) ) ) CSR-6890-O Adopted: January 19, 2006 Released: January 23, 2006 By the Deputy Chief, Media Bureau: Introduction Petitioner Shadow Wood Condominium Association ("Association") filed a Petition for Waiver ("Petition") seeking a determination that it has established good cause for a waiver of Section 1.4000 of the Commission's rules, the Over-the-Air Reception
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-161A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-161A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-161A1.txt
  • comparability, Charter demonstrated that the programming of DirecTV and Echostar more than satisfies the Commission's requirements. Nor is the high percentage of renters of import to the instant determination. Rental dwellings constitute households for the purposes of an effective competition determination. In addition, renters are entitled to subscribe to, and install antennas to receive, DBS service in accordance with Section 1.4000 of the Commission's rules. In sum, we find that Charter has demonstrated that the Franchise Areas are served by at least two unaffiliated MVPDs, DirecTV and EchoStar, each of which offer comparable video programming to at least 50 percent of the households in the franchise area. Therefore, the first prong of the competing provider test is satisfied. The second prong
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-397A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-397A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-397A1.txt
  • the programming of DirecTV and EchoStar more than satisfies the Commission's requirements. Nor is the high percentage of multiple dwelling units of import to the instant determination. Multiple dwellings units constitute households for the purposes of an effective competition determination. In addition, these households are entitled to subscribe to, and install antennas to receive, DBS service in accordance with Section 1.4000 of the Commission's rules. Without more, we cannot conclude that the bulk purchase contracts and antenna access issues of Multiple Dwelling Units prevent at least 50 percent of the households from receiving DBS service. In sum, we find that Comcast has demonstrated that the Franchise Areas are served by at least two unaffiliated MVPDs, DirecTV and EchoStar, each of which
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-966A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-966A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-966A1.txt
  • Elson, Vice President of Regulatory Accounting at Adelphia Communications. Fullerton Petition at 5-6 and Exhibit 4. Id. at 6 and Exhibit 4. Id. at 5 and Exhibit 4. Santa Monica Petition at 5 and Exhibit 4 Fullerton Opposition at 2; Santa Monica Opposition at 2. Id. Fullerton Opposition at 3-4; Santa Monica Opposition at 3. Id.; see 47 C.F.R. � 1.4000. Santa Monica Opposition at 4. 47 C.F.R. � 0.283. (...continued from previous page) (continued...) Federal Communications Commission DA 07-966 Federal Communications Commission DA 07-966 �@��� �@��� �@��� �@��� �@��� �@��� hl � � & h� h� hl hl 0& ' � � � � � � � � � �@��� �@��� �@��� gd� � @& & �% �: V �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1253A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1253A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1253A1.txt
  • COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE RESPONSES DUE: July 2, 2008 REPLIES DUE: July 17, 2008 The Commission has received a Petition for Declaratory Ruling from Mr. William H. Culver, asking the Commission to determine whether antenna restrictions of the Northridge Farms Homeowners Association Inc. (``Northridge Farms'') restricting installation and placement of television antennas and satellite dishes is preempted by Section 1.4000 of the Commission's rules (Over-the-Air Reception Devices Rule). The Petition alleges that the Association's covenants, rules and regulations violate the Commission's rule by establishing placement preferences and height restrictions that prevent the Petitioner from obtaining a signal. Northridge Farms is located in Crestwood, Kentucky. This Public Notice announces the pleading cycle for this Petition during which responses and replies may
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1673A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1673A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1673A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: James S. Bannister Petition for Declaratory Ruling Under 47 C.F.R. � 1.4000 ) ) ) ) ) ) CSR 7861-O DECLARATORY RULING Adopted: July 28, 2009 Released: July 29, 2009 By the Acting Chief, Media Bureau: INTRODUCTION Petitioner James S. Bannister (``Petitioner'') filed a Petition for Declaratory Ruling (``Petition'') seeking a determination that the antenna restrictions of Ponderosa Woods Homeowners Association, San Jose, California are prohibited by the Commission's Over-the-Air Reception Devices
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1674A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1674A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1674A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit " � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: William Culver Petition for Declaratory Ruling Under 47 C.F.R. � 1.4000 ) ) ) ) ) ) CSR 7925-O DECLARATORY RULING Adopted: July 28, 2009 Released: July 29, 2009 By the Acting Chief, Media Bureau: INTRODUCTION Petitioner William Culver (``Petitioner'') filed a Petition for Declaratory Ruling (``Petition'') seeking a determination that the antenna restrictions in the Amended Declaration for North Ridge Farms Homeowners' Association, Inc. (``Association'') are prohibited by the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1675A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1675A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1675A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit - Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) Richard Rhoad ) ) ) Petition for Declaratory Ruling ) Under 47 C.F.R. � 1.4000 ) ) ) ) ) ) ) ) CSR 7862-O DECLARATORY RULING Adopted: July 28, 2009 Released: July 29, 2009 By the Acting Chief, Media Bureau: I. Introduction Petitioner Richard Rhoad ("Petitioner") filed a Petition for Declaratory Ruling ("Petition") seeking a determination that the antenna restrictions of the Villas at Highland Lakes Board of Trustees (``Board''), Westerville, Ohio, are prohibited
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1718A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1718A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1718A1.txt
  • RESPONSES DUE: August 31, 2009 REPLIES DUE: September 16, 2009 The Commission has received a Petition for Declaratory Ruling from Daniel F. Lane and Constance M. Lane (``Petitioners''), asking the Commission to determine whether antenna restrictions of the Sutton Park Place Townhome Association (``Sutton Park'') restricting installation and placement of television antennas and satellite dish antennas are preempted by Section 1.4000 of the Commission's rules (Over-the-Air Reception Devices Rule). The Petition alleges that the Association's covenants, rules and regulations violate the Commission's rule by establishing placement preferences that restrict the installation of a television broadcast antenna to the attic of a townhouse, where, Petitioners allege, they cannot get a good quality signal. Sutton Park is located in Palatine, Illinois. This Public
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2272A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2272A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2272A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit < � � � � � � � � � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) Constance M. Lane and Daniel F. Lane ) ) ) Petition for Declaratory Ruling ) Under 47 C.F.R. � 1.4000 ) ) ) ) ) ) ) ) ) CSR 8190-O DECLARATORY RULING Adopted: October 30, 2009 Released: October 30, 2009 By the Chief, Media Bureau: I. Introduction Petitioners Constance and Daniel Lane ("Petitioners") filed a Petition for Declaratory Ruling ("Petition") seeking a determination that the antenna restrictions of the Sutton Park Place Townhome Association (``Association''), Palatine, Illinois, are prohibited
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2273A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2273A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2273A1.txt
  • BY THE COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE RESPONSES DUE: November 24, 2009 REPLIES DUE: December 11, 2009 The Satellite Broadcasting and Communications Association of America, Inc., Antenna Star Satellites, Inc., and Johnson TV & Satellite (``Petitioners'') have filed a Petition for Declaratory Ruling asking the Commission to determine whether satellite antenna restrictions of Hazelton, Pennsylvania (``City'') are preempted by Section 1.4000 of the Commission's rules (Over-the-Air Reception Devices Rule). The Petition alleges that the City's ordinance, including the requirements that antenna users obtain a $10 permit for installation of a satellite antenna, provide documentation of an antenna manufacturer's installation procedures, and remove an existing antenna when it is replaced by another, violate the Commission's Rule. In addition, the Petitioners challenge the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2417A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2417A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2417A1.txt
  • 31, 2009 REPLIES NOW DUE: January 19, 2010 On October 22, 2009, the Commission sought comment on a Petition for Declaratory Ruling filed by the Satellite Broadcasting and Communications Association of America, Inc., Antenna Star Satellites, Inc., and Johnson TV & Satellite (``Petitioners'') asking the Commission to determine whether satellite antenna restrictions of Hazelton, Pennsylvania (``City'') are preempted by Section 1.4000 of the Commission's Rules (Over-the-Air Reception Devices Rule). On November 11, 2009, the City requested an extension of time in which to file responses or comments with respect to the Petition. The City states that the requested extension would allow sufficient time for it to take official action to withdraw the challenged ordinance. This additional time will also allow Petitioners
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1223A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1223A2.txt
  • 1.2110, 1.2111 and 1.2112, Auction Forms and License Transfer Disclosures Requirements 3060-0995 WTB-ASAD Section 1.2105(c), Bidding Application and Certification Procedures; Prohibition of Collusion 3060-0531 WTB-BD Local Multipoint Distribution Service (LMDS) 3060-0690 WTB-BD Section 101.17, Performance Requirements for the 38.6 - 40.0 GHz Frequency Band 3060-0718 WTB-BD Part 101, Governing the Terrestrial Microwave Fixed Radio Service 3060-0975 WTB-BD Sections 68.3 and 1.4000, Promotion of Competitive Networks in Local Telecommunications Markets Multiple Tenant Environments (MTEs) 3060-1021 WTB-BD Section 25.139, NGSO FSS Coordination and Information Sharing Between MVDDS Licensees in the 12.2 GHz to 12.7 GHz Band 3060-1022 WTB-BD Sections 101.1403, 101.103(f), 101.1413, 101.1440, and 101.1417, MVDDS and DBS Reporting and Third Party Disclosure Requirements 3060-1030 WTB-BD Service Rules for Advanced Wireless Services in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1223A2_Rcd.pdf
  • 1.2110, 1.2111 and 1.2112, Auction Forms and License Transfer Disclosures Requirements 3060-0995 WTB-ASAD Section 1.2105(c), Bidding Application and Certification Procedures; Prohibition of Collusion 3060-0531 WTB-BD Local Multipoint Distribution Service (LMDS) 3060-0690 WTB-BD Section 101.17, Performance Requirements for the 38.6 - 40.0 GHz Frequency Band 3060-0718 WTB-BD Part 101, Governing the Terrestrial Microwave Fixed Radio Service 3060-0975 WTB-BD Sections 68.3 and 1.4000, Promotion of Competitive Networks in Local Telecommunications Markets Multiple Tenant Environments(MTEs) 3060-1021 WTB-BD Section 25.139, NGSO FSS Coordination and Information Sharing Between MVDDS Licensees in the 12.2 GHz to 12.7 GHz Band 3060-1022 WTB-BD Sections 101.1403, 101.103(f), 101.1413, 101.1440, and 101.1417, MVDDS and DBS Reporting and Third Party Disclosure Requirements 8341 3060-1094 WTB-BD Licensing, Operation, and Transition of the 2500-
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-157A1.txt
  • RULES OF A CONDOMINIUM ASSOCIATION IN NASHVILLE, TENNESSSEE ARE PREEMPTED BY THE COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE CSR-8272-O Responses due: March 1, 2010 Replies due: March 16, 2010 Craig Wirth (Petitioner'') has filed a Petition for Declaratory Ruling asking the Commission to determine whether antenna installation rules of the Nashville Westchester LLC Condominium Homeowners Association (``Association'') are preempted by Section 1.4000 of the Commission's rules (Over-the-Air Reception Devices Rule). The Association's rules prohibit installation of any antenna outside a condominium unit. This Public Notice announces the pleading cycle for this Petition during which responses and replies may be filed. This proceeding will be treated as ``permit but disclose'' for purposes of the Commission's ex parte rules. See generally 47 C.F.R. ��
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2150A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2150A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2150A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Craig Wirth Petition for Declaratory Ruling Under 47 C.F.R. � 1.4000 ) ) ) ) ) ) CSR 7861-O DECLARATORY RULING Adopted: November 5, 2010 Released: November 5, 2010 By the Deputy Chief, Media Bureau: INTRODUCTION In this Declaratory Ruling, we grant a Petition (``Petition'') filed by Craig Wirth (``Petitioner'') and find that the antenna restrictions of Westchester LLC Condominium Homeowners Association, Nashville, Tennessee are prohibited by the Commission's Over-the-Air Reception
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2153A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2153A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2153A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Policarpio & Lourdes Medios ) CSR XXXX-O3 ) ) Petition for Waiver & Declaratory Ruling ) Under 47 C.F.R. � 1.4000 ) ) ) ) ) ) ) ) ) ) CSR-8302-O Adopted: November 5, 2010 Released: November 8, 2010 By the Chief, Media Bureau: Introduction Petitioners Policarpio and Lourdes Medios ("Petitioners'') filed a Petition for Waiver and Declaratory Ruling ("Petition") with respect to antenna installation restrictions of the Gentry Waipo Community Association (``Association'' or ``Community''). The Petition first seeks a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-394A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-394A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-394A1.txt
  • located in Alaska. Petitioner states that to receive signals from at least one satellite service provider in Hawaii, an antenna of 1.2 meters is required. He asks that antennas larger than one meter in Hawaii be protected by OTARD. Petitioner also requests a Declaratory Ruling that the antenna installation rules of Gentry Waipio Community Association (``Association'') are preempted by Section 1.4000 of the Commission's rules. According to the Petition, the Association's rules require prior approval of antenna installations. This Public Notice announces the pleading cycle for this Petition during which responses and replies may be filed. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1264A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1264A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1264A1.txt
  • A CONDOMINIUM ASSOCIATION IN NORTHBRIDGE, MASSACHUSETTS ARE PREEMPTED BY THE COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE CSR 8507-O Responses due: August 25, 2011 Replies due: September 8, 2011 Mark and Cindy Key (``Petitioners'') have filed a Petition for Declaratory Ruling asking the Commission to determine whether antenna installation rules of the Fairways at Shining Rock Condominiums (``Association'') are preempted by Section 1.4000 of the Commission's rules (``Over-the-Air Reception Devices Rule''). The Association opposes Petitioners' attempt to install a satellite dish antenna on their driveway. This Public Notice announces the pleading cycle for this Petition, during which responses and replies may be filed. This proceeding will be treated as ``permit but disclose'' for purposes of the Commission's ex parte rules. See generally 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1265A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1265A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1265A1.txt
  • A MARINA CONDOMINIUM ASSOCIATION IN NEW BUFFALO, MICHIGAN ARE PREEMPTED BY THE COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE CSR 8508-O Responses due: August 25, 2011 Replies due: September 8, 2011 Carleen Schreder and Ralph Musicant (``Petitioners'') have filed a Petition for Declaratory Ruling asking the Commission to determine whether antenna installation rules of the Moorings Association (``Association'') are preempted by Section 1.4000 of the Commission's rules (``Over-the-Air Reception Devices Rule''). The Association is demanding that Petitioners remove their satellite dish antenna from a mooring post adjacent to their boat dock. This Public Notice announces the pleading cycle for this Petition, during which responses and replies may be filed. This proceeding will be treated as ``permit but disclose'' for purposes of the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1271A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1271A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1271A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit T � � � � � � � � � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Corey & Juanita Walker Petition for Declaratory Ruling Under 47 C.F.R. � 1.4000 ) ) ) ) ) ) CSR 8477-O DECLARATORY RULING Adopted: July 27, 2011 Released: July 27, 2011 By the Deputy Chief, Media Bureau: INTRODUCTION In this Declaratory Ruling, we grant a Petition (``Petition'') filed by Corey and Juanita Walker (``Petitioners'') and find that the antenna restrictions of Carriage Homes @ Town Square Condominium Homeowners Association (``Association'') in Virginia Beach,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1932A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1932A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1932A1.txt
  • OF THE CITY OF PHILADEPHIA, PENNSYLVANIA IS PREEMPTED BY THE COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE CSR-8541-O Responses due: December 22, 2011 Replies due: January 6, 2012 The Satellite Broadcasting & Communications Association (``Petitioner'') has filed a Petition for Declaratory Ruling asking the Commission to determine whether an antenna installation ordinance of the City of Philadelphia (``City'') is preempted by Section 1.4000 of the Commission's rules (``Over-the-Air Reception Devices Rule''). The City's ordinance seeks to limit installation of antennas between the building fa�ade and the street. This Public Notice announces the pleading cycle for this Petition, during which responses and replies may be filed. This proceeding will be treated as ``permit but disclose'' for purposes of the Commission's ex parte rules. See
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-496A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-496A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-496A1.txt
  • 4. Lake Jackson Opposition at 4. Lake Jackson Reply at Att. B, �� 10.1, 10.3. See, e.g., Marcus Cable Assocs, LLC, 25 FCC 4369, 4372, � 9 (2010) (``Marcus''); Charter Commun., 25 FCC Rcd 2289, 2295-96, � 21 (2010); Cablevision, 23 FCC Rcd at 14150, � 30. Lake Jackson Reply at 3-4. Lake Jackson Opposition at 5-6. 47 C.F.R. � 1.4000; see also Comcast Cable Commun., LLC, 22 FCC Rcd 1691, 1693-94, � 6, reconsideration granted on other grounds, 22 FCC Rcd 5320 (2007); cf. Adelphia, 20 FCC Rcd at 20537-38, �� 4-7; Adelphia Cable Commun., 20 FCC Rcd 4979, 4980-81, �� 4-5 (2005). Lake Jackson Reply at Att. C. Lake Jackson Opposition at 5-6, citing Annual Assessment of the Status
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-548A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-548A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-548A1.txt
  • IN VIRGINIA BEACH, VIRGINIA ARE PREEMPTED BY THE COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE CSR-8477-O Responses due: April 26, 2011 Replies due: May 11, 2011 Corey and Juanita Walker (``Petitioners'') have filed a Petition for Declaratory Ruling asking the Commission to determine whether antenna installation rules of The Carriage Homes @ Towne Square Condominium Homeowners Association (``Association'') are preempted by Section 1.4000 of the Commission's rules (``Over-the-Air Reception Devices Rule''). The Association's rules require antenna installation in areas that are not visible from the street or any adjoining condominium unit. This Public Notice announces the pleading cycle for this Petition, during which responses and replies may be filed. This proceeding will be treated as ``permit but disclose'' for purposes of the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-854A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-854A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-854A1.txt
  • THAT RULES OF A CONDOMINIUM ASSOCIATION IN ORLANDO, FLORIDA ARE PREEMPTED BY THE COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE CSR-8487-O Responses due: June 9, 2011 Replies due: June 23, 2011 Brent Beumel (``Petitioner'') has filed a Petition for Declaratory Ruling asking the Commission to determine whether antenna installation rules of the Condo Association of R/C World 1 are preempted by Section 1.4000 of the Commission's rules (``Over-the-Air Reception Devices Rule''). The parties contest whether a slab adjacent to the Petitioner's condominium unit is part of his exclusive use area. This Public Notice announces the pleading cycle for this Petition, during which responses and replies may be filed. This proceeding will be treated as ``permit but disclose'' for purposes of the Commission's ex
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-663A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-663A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-663A1.txt
  • CITY OF CHICAGO, ILLINOIS IS PREEMPTED BY THE COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE CSR-8624-O Responses due: May 29, 2012 Replies due: June 12, 2012 The Satellite Broadcasting & Communications Association (``Petitioner'') has filed a Petition for Declaratory Ruling asking the Commission to determine whether a satellite dish antenna installation ordinance of the City of Chicago (``City'') is preempted by Section 1.4000 of the Commission's rules (``Over-the-Air Reception Devices Rule''). The City's ordinance seeks to limit installation of satellite dish antennas that are visible from the street adjacent to the property and between the building fa�ade and the street. This Public Notice announces the pleading cycle for this Petition, during which responses and replies may be filed. This proceeding will be treated
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-728A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-728A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-728A1.txt
  • (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 Simon Banyai of the Media Bureau, (202) 418-1443. Press inquiries should be directed to Janice Wise (202) 418-8165. -FCC- 47 C.F.R. � 1.4000. Petition at 1-2. Id. at 11. 47 C.F.R. � 1.1206. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 (R) � � � S T ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� I U
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-756A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-756A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-756A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � � 6 6 6 6 6 n � � (R) ( 6 6 6 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Satellite Broadcasting & Communications Association Petition for Declaratory Ruling Under 47 C.F.R. � 1.4000 ) ) ) ) ) ) ) CSR 8624-O REQUEST FOR STAY OF PUBLIC COMMENT PERIOD Adopted: May 14, 2012 Released: May 14, 2012 By the Deputy Chief, Media Bureau: Petitioners, DIRECTV, LLC, DISH Network L.L.C., and the Satellite Broadcasting Association, as well as Respondent, the City of Chicago, Illinois have filed a joint motion with the Commission to stay
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-98-1606A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-98-1606A1.txt
  • obstacles to such access, the Commission is required to by the Communications Act to protect this important federal interest.' 3. At the same time, die Commission has long recognized that state and local governments have a legitimate and important interest in managing land use in their communities. The Commission has two rules, 47 CFR � 25.104 and 47 CFR � 1.4000, that govern the installation and use of satellite antennas as well as specify when local zoning ordinances are preempted by federal rules. These rules seek to balance local concerns with federal concerns. Section 1.4000 governs over-the-air reception devices (OTARD), including satellite antennas one meter or less in diameter, 47 U.S.C. � 151. 8477 Federal Communications Commission DA 98-1606 and is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-98-1607A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-98-1607A1.txt
  • At the same time, the Commission has long recognized that state and local governments have a legitimate and important interest in managing land use in their communities. The 1 See 47 C.F.R. �25.104(b)(l). 2 47 U.S.C. � 151. 47 U.S.C. � 151. 8485 Federal Communications Commission DA 98-1607 Commission has two rules, 47 CFR � 25.104 and 47 CFR � 1.4000, that govern the installation and use of satellite antennas as well as specify when local zoning ordinances are preempted by federal rules. These rules seek to balance local concerns with federal concerns. Section 1.4000 governs over-the-air reception devices (OTARD), including satellite antennas one meter or less in diameter, and is not applicable to the current proceeding.4 Section 25.104 governs restrictions
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-205368A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-205368A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-205368A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit H Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone Network ) ) ) ) ) ) ) )
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-207126A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-207126A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-207126A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone Network ) ) ) ) ) ) ) )
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-207300A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-207300A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-207300A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 8 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone Network ) ) ) ) ) ) ) )
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-208510A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-208510A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-208510A1.txt
  • Docket No. 00-170). Comments. -6- In the Matter of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations (McKinleyville, California)(MM Docket No. 00-216/RM 9995). Motion for Leave to File Comments One Day Late. In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets (WT Docket No. 99-217)/Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services/Implementation of the Local Competition Provisions of the Telecommunications Act of 1996 (CC Docket No. 96-98)/Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone Network (CC Docket No. 88-57). Comments -
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-209375A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-209375A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-209375A1.txt
  • Wireless Corporation Petition for Designation as an Legible Telecommunications Carrier for the Pine Ridge Reservation in South Dakota/Federal State Joint Board on Universal Service (CC Docket No. 96-45). Petition for Designation as an Eligible Telecommunications Carrier. January 22 In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets/Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services (WT Docket No. 99-217). Comments - AT&T Corporation, Broadband Office Communications, Inc., Cox Communications, Inc., Commonwealth Edison Company and Duke Energy Corporation. -3- In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets/Wireless Communications Association International, Inc. Petition
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-210187A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-210187A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-210187A1.txt
  • 2 and Phase 3 (CC Docket No. 00-199/Phase 3). Comments - The General Services Administration. -4- In the Matter of Number Resource Optimization (CC Docket No. 99-200). Comments - Time Warner Telecom, The Public Utilities Commission of Ohio. In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets/Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services/Cellular Telecommunications Industry Association Petition for Rule Making and Amendment of the Commission's Rules to Preempt State and Local Imposition of Discriminatory And/Or Excessive Taxes and Assessments/Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 (CC Docket No.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-210270A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-210270A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-210270A1.txt
  • the petitions in the Federal Register. See Section 1.4(b)(1) of the Commission's rules (47 CFR 1.4(b)(1)). Replies to an opposition must be filed within 10 days after the time for filing oppositions have expired. ------------------------------------------------------------------------ ---------------------------------------------------------------- Subject: Promotion of Competitive Networks In Local Telecommunications Markets (WT Docket No. 99-217) Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed To Provide Fixed Wireless Services Cellular Telecommunications Industry Association Petition for Rulemaking and Amendment of the Commission's Rules to Preempt State and Local Imposition of Discriminatory And/Or Excessive Taxes and Assessments Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 (CC Docket
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-210398A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-210398A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-210398A1.txt
  • the petitions in the Federal Register. See Section 1.4(b)(1) of the Commission's rules (47 CFR 1.4(b)(1)). Replies to an opposition must be filed within 10 days after the time for filing oppositions have expired. ------------------------------------------------------------------------ ---------------------------------------------------------------- Subject: Promotion of Competitive Networks In Local Telecommunications Markets (WT Docket No. 99-217) Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed To Provide Fixed Wireless Services Cellular Telecommunications Industry Association Petition for Rulemaking and Amendment of the Commission's Rules to Preempt State and Local Imposition of Discriminatory And/Or Excessive Taxes and Assessments Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 (CC Docket
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-210414A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-210414A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-210414A1.txt
  • -3- Carrier Selection Changes Provisions of the Telecommunications Act of 1996/Policies and Rules Concerning Unauthorized Changes of Consumers Long Distance Carriers (CC Docket No. 94-129). Comments - AT&T Corporation, The United States Telecom Association, Sprint Corporation. February 21 In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets/Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services (WT Docket No. 99-217). Reply Comments - AT&T Corporation. In the Matter of Reallocation of 216-217 MHz (ET Docket No. 00-221). Comments - Acoustical Society of America. In the Matter of Federal-State Joint Board on Universal Service ; Promoting Deployment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-211501A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-211501A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-211501A1.txt
  • Rules Governing the Licensing of, and Spectrum Usage by, Satellite Network Earth Stations and Space Stations (IB Docket No. 00-248/DA 00-435). Comments - Motient Services, Inc., Andrew Corporation, Aloha Networks, Inc., Spacenet, Inc., StarBand Communications, Inc., Telesat Canada. In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets/Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services (WT Docket No. 99-217)/Cellular Telecommunications Industry Association Petition for Rulemaking and Amendment of the Commission's Rules to Preempt State and Local Imposition of Discriminatory and/or Excessive Taxes and Assessments/Implementation of the Local Competition Provisions in the Telecommunications Act of 1996
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-220820A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-220820A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-220820A1.txt
  • 02-4). Comments - @Communications'. -2- March 8 In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets (WT Docket No. 99-217). Comments - Openband of Virginia, LLC, Grande Communications Networks, Inc. In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets (WT Docket No. 99-217)/ Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services/Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 (CC Docket No. 96-98)/Review of Sections 68.104 and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone Network(CC Docket No. 88-57). Comments - The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-226838A22.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-226838A22.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-226838A22.txt
  • of systems combined with a system's ownership of one or more regional programming networks may create one such opportunity for cable operators to shift (regional) programming to terrestrial distribution to facilitate denial of the programming to competitors. See Program Access Report & Order, FCC 02-176, �� 123-41. The satellite dishes may be of any size in Alaska. 47 C.F.R. � 1.4000 Restrictions on Over-the-Air Receptions Devices: Television Broadcast, Multichannel Multipoint Distribution and Direct Broadcast Satellite Services, CS Docket No. 96-83, Second Report and Order, 13 FCC Rcd 23874 (1998); Restrictions on Over-the-Air Receptions Devices: Television Broadcast, Multichannel Multipoint Distribution and Direct Broadcast Satellite Services, CS Docket No. 96-83, Order on Reconsideration, 14 FCC 19924 (1999). DBS also expresses concern regarding potential
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289834A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289834A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289834A1.txt
  • has submitted a request pursuant to �0.459 that such information not be made routinely available for public inspection; (2) Special relief petitions and files pertaining to cable television operations; (3) Special relief petitions and files pertaining to DBS television operations; (4) Petitions and related documents concerning the enforcement of regulations governing the installation of over-the-air reception devices (OTARD) pursuant to �1.4000 of this chapter; (5) Filings by cable television operators, including Cable Signal Leakage Reports (Form 320 and �76.1804 of this chapter), Cable System Registration Statements (�76.1801 of this chapter), Cable System Operator Changes (�76.1610 of this chapter), Cable Aeronautical Frequency Notifications (�76.1804 of this chapter), Cable Annual Report (Form 325 and �76.403 of this chapter), and filings related to CARS
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-366A1_Erratum.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FederalCommunicationsCommission FCC00-366 Beforethe FederalCommunicationsCommission Washington,D.C.20554 IntheMatterof ImplementationoftheLocal Competition ProvisionsintheTelecommunicationsActof1996 ReviewofSections68.104,and68.213of theCommission'sRulesConcerningConnection ofSimpleInsideWiringtotheTelephoneNetwork Wireless Communications Association International,Inc.PetitionforRulemakingto AmendSection1.4000oftheCommission'sRules toPreemptRestrictionsonSubscriberPremises ReceptionorTransmissionAntennasDesignedto ProvideFixedWirelessServices WTDocketNo.99-217 CCDocketNo.88-57 CCDocketNo.96-98 )) PromotionofCompetitiveNetworksInLocal) TelecommunicationsMarkets ) ))))))))))))))))) FIRSTREPORTANDORDERANDFURTHERNOTICEOFPROPOSEDRULEMAKINGin WTDocketNo.99-217,FIFTHREPORTANDORDERANDMEMORANDUMOPINIONAND ORDERinCCDocketNo.96-98,ANDFOURTHREPORTANDORDERANDMEMORANDUM OPINIONANDORDERinCCDocketNo.88-57 Adopted:October12,2000 Released:October25,2000 CommentDate:December22,2000 ReplyCommentDate:January22,2001 CommentsandreplycommentstobefiledonlyinWTDocketNo.99-217 BytheCommission:CommissionerFurchtgott-Rothdissentingandissuingastatement. 22983 FederalCommunicationsCommission TABLEOFCONTENTS FCC00-366 ParagraphNumbers I. INTRODUCTION............................�....................�............�......�.....�..�....��..................................�....�.��...�.�..�.�.�.1 II.SUMMARY.....................�.........�.......���.........................�.............�.....�...�...............�......................................�.�....3 III. BACKGROUND.........�...............................�............�.....�.�....��.......�.....�......�..........��................................��..10 IV. REPORTANDORDER/MEMORANDUMOPINIONANDORDER..�.�................�......�...�.�..�..�...�..�.14 A. STATEOFTHEMARKET 14 B. EXCLUSNECONTRACTS 25 1. Background 25 2. Discussion 27 C. ACCESSTOWIRING 41 1. Background 42 2. Discussion 49 3. SingleDefinitionofInsideWiring 60 4. SafetyConcernsRegardingthePlacementoftheDemarcationPointAwayfromtheBuilding 62
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-400A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-400A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-400A1.txt
  • para. 29. See, e.g., In the Matter of Detariffing the Installation and Maintenance of Inside Wiring, CC Docket No. 79-105, Third Report and Order, 7 FCC Rcd 1334 at n.6; see supra notes 4 and 5; See In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets, Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services, WT Docket No. 99-217, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, CC Docket No. 96-98, and Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-418A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-418A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-418A1.txt
  • cause harmful interference to stations in Canada or Mexico. � 101.1425 RF safety. Stations with output powers that equal or exceed 1640 watts eirp will be subject to the routine environmental evaluation rules for radiation hazards, as set forth in Section 1.1307 of this part. � 101.1427 Over-the-air reception devices rule (OTARD). The Over-the-Air Reception Devices Rule (OTARD) in Section 1.4000 of this part shall apply to the receive-only MVDDS antennas at subscribers' homes or offices. � 101.1437 MVDDS licenses subject to competitive bidding. Mutually exclusive initial applications for MVDDS licenses in the 12.2-12.7 GHz band are subject to competitive bidding procedures. The procedures set forth in part 1, subpart Q, of this chapter will apply unless otherwise provided in this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-389A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-389A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-389A1.txt
  • See Inside Wiring Order, n. 273 supra. IMCC, ex parte letter, Telecommunications Services, Inside Wiring, Customer Premises Equipment, CS 95-184 and Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Cable Home Wiring, MM 92-260, May 8, 2001. Promotion of Competitive Networks in Local Telecommunications Markets, Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Service, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, Review of Sections 68.104 and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone Network, WT Docket No. 99-217, CC Docket No. 96-98,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-10A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-10A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-10A1.txt
  • or viewers submitting comments regarding a pending broadcast application pursuant to �1.1204(a)(8) will not become parties simply by service of the comments. The Media Bureau may, in its discretion, make such a commenter a party, if doing so would be conducive to the Commission's consideration of the application or would otherwise be appropriate. * * * * * 57. Section 1.4000 is amended by revising paragraph (g) to read as follows: � 1.4000 Restrictions impairing reception of television broadcast signals, direct broadcast satellite services or multichannel multipoint distribution services. * * * * * (g) All allegations of fact contained in petitions and related pleadings before the Commission must be supported by affidavit of a person or persons with actual knowledge
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-116A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-116A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-116A1.txt
  • MVDDS proposed to provide wireless services. The Commission received no comments on this issue. Discussion. The OTARD rule applies to LMDS, MDS and MMDS. The OTARD rule was recently expanded to apply to antennas that transmit or receive non-video fixed wireless services when the antenna is otherwise within the scope of OTARD. We clarify that our OTARD rule under Section 1.4000 includes MVDDS customer-end antennas measuring one meter or less in diameter or diagonally that will receive radio signals. It is not necessary to amend the OTARD rule to include MVDDS antennas as they already fit within the definition in the rule. Transmitting Equipment Background. In the Further Notice, the Commission made a number of proposals with regards to MVDDS transmitting
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-162A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-162A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-162A1.txt
  • meter or less in any area or two meters or less in commercial or industrial areas, were unreasonable and would be preempted. Section 25.104 was subsequently further amended by the OTARD Order to eliminate provisions regarding satellite antennas that are one meter or smaller and used to receive video programming. Such antennas are covered by the Commission's OTARD Rule, Section 1.4000, 47 C.F.R. � 1.4000. Nine petitions for reconsideration of the 1996 Antenna Report and Order were filed. A list of the petitioners is included in the attached Appendix. In October 2001, the International Bureau (``Bureau'') released a public notice asking parties to refresh the record regarding petitions for reconsideration of the 1996 Antenna Report and Order. In the public notice,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-257A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-257A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-257A1.txt
  • two-way consumer terminals if those terminals are professionally installed. When the two-way consumer terminals are to be placed where the antenna user has a direct or indirect ownership or leasehold interest in the property, the Commission's rules preempt many of the restrictions that could be placed on these terminals by state and local governments and landlords. See 47 C.F.R. � 1.4000 (2001); Promotion of Competitive Networks in Local Telecommunications Markets, First Report and Order and Further Notice of Proposed Rulemaking, WT Docket No. 99-217, FCC 00-366, 15 FCC Rcd 22983, 23025 (para. 94) (2000) (Competitive Networks Order). However, the Commission does not preempt such restrictions if local governments and property owners require professional installations of transmitting antennas. Competitive Networks Order, FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-257A1_Erratum.doc
  • two-way consumer terminals if those terminals are professionally installed. When the two-way consumer terminals are to be placed where the antenna user has a direct or indirect ownership or leasehold interest in the property, the Commission's rules preempt many of the restrictions that could be placed on these terminals by state and local governments and landlords. See 47 C.F.R. � 1.4000 (2001); Promotion of Competitive Networks in Local Telecommunications Markets, First Report and Order and Further Notice of Proposed Rulemaking, WT Docket No. 99-217, FCC 00-366, 15 FCC Rcd 22983, 23025 (para. 94) (2000) (Competitive Networks Order). However, the Commission does not preempt such restrictions if local governments and property owners require professional installations of transmitting antennas. Competitive Networks Order, FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-338A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-338A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-338A1.txt
  • of 4,795 MDU properties, which represented a total of 1,207,184 units. Of those, only 241 properties, which represented 58,208 units or 4.8% of the total units surveyed were subject to perpetual contracts. The survey of small MDUs covered a total of 74 randomly selected properties. Of those, only two properties, or 3.8%, were subject to perpetual contracts. 47 C.F.R. � 1.4000. DirecTV Comments at 20. Id. 1998 Report, 13 FCC Rcd at 24362. In this section, we refer to programming that is packaged as one or more 24-hour video programming network(s), rather than the individual shows and series that non-broadcast networks and broadcast networks purchase and package into 24-hour networks. Purchasing content and packaging it into networks represent two steps in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-33A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-33A1.txt
  • September 24, 2001, the Commission adopted a First Report and Order and Memorandum Opinion and Order (First R&O) in the New Advanced Wireless Services proceeding.350 The First R&O adds a mobile 345 Second Round Assignment of Geostationary Satellite Orbit Locations to Fixed Satellite Service Space Stations in the Ka-Band, Order, DA 01-1693 (rel. Aug. 3, 2001). 346 47 C.F.R. � 1.4000. 347 Promotion of Competitive Networks in Local Telecommunications Markets, Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services, WT Docket No. 99-217, First Report and Order, 15 FCC Rcd 22983 (2000). 348 Amendment of Parts 21 and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-77A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-77A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-77A1.txt
  • 13-18; Consumers Union et al. Comments at 20-22. . United States v. Southwestern Cable Co., 392 U.S. 157, 178 (1968). See also FCC v. Midwest Video Corp., 440 U.S. 689 (1979); United States v. Midwest Video Corp., 406 U.S. 649 (1972) (``Midwest Video''); Promotion of Competitive Networks in Local Telecommunications Markets, Wireless Commun. Ass'n Int'l, Inc., Petition to Amend Section 1.4000 of the Commission's Rules, First Report and Order and Further Notice of Proposed Rulemaking in WT Docket No. 99-217, Fifth Report and Order and Memorandum Opinion and Order in CC Docket No. 96-98, and Fourth Report and Order and Memorandum Opinion and Order in CC Docket No. 88-57 (``Competitive Networks''), 15 FCC Rcd 22983, 23028-29 � 101 and n.261 (2000).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-185A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-185A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-185A1.txt
  • video programming distributors (``MVPDs''). See, e.g., Implementation of Section 3 of the Cable Television Consumer Protection and Competition Act of 1992, Statistical Report on Average Rates for Basic Service, Cable Programming Service, and Equipment, Report on Cable Industry Prices, FCC 03-136 (rel. July 8, 2003). See 47 U.S.C. � 543(l). See 47 C.F.R. � 76.802 et seq. 47 C.F.R. � 1.4000. 47 U.S.C. � 543(d). See Gulf Power v. FCC, 208 F.3d 1263 (11th Cir. 2000). See para. 4 supra. 47 U.S.C. � 543(b)(8). See also 47 C.F.R. � 76.921. See Time Warner Entertainment Co., L.P. v. FCC, 249 F.3d 1126 (D.C. Cir. 2001); Implementation of Section 11 of the Cable Television Consumer Protection and Competition Act of 1992, Implementation of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-210A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-210A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-210A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Victor Frankfurt Petition for Declaratory Ruling Under 47 C.F.R. � 1.4000 Application for Review ) ) ) ) ) ) ) ) ) Adopted: August 20, 2003 Released: August 27, 2003 By the Commission: I. INTRODUCTION 1. The Community Associations Institute (CAI) filed an Application for Review of the Cable Services Bureau's Memorandum Opinion and Order in the above captioned case. The Bureau's Order granted in part and denied in part
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-9A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-9A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-9A1.txt
  • petitions for reconsideration, responses, and oppositions to petitions for reconsideration are listed in Appendix C. Parties submitting comments, replies, and surreplies to the Report and Order and Second Further Notice and ex parte filings are listed in Appendix D. See also Promotion of Competitive Networks in Local Telecommunications Markets, Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, Review of Sections 68.104 and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to Telephone Networks, First Report and Order and Further Notice of Proposed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-136A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-136A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-136A1.txt
  • of cable pricing by Dr. Steven S. Wildman. Dr. Wildman studied cable prices and chose a method for adjusting for quality changes. NCTA Comments to the 2003 Report, Wildman Statement, generally. 2003 Report, 19 FCC Rcd 1688 � 138. MDUs may include rental apartments, as well as condominiums and co-operatives. See 47 C.F.R. � 76.802 et seq. 47 C.F.R. � 1.4000. 47 U.S.C. � 543(d). In reviewing program service offerings we have previously counted each unique programming service of a multiplexed package separately but have not counted separately services that are not unique, as in a multiplexed programming service that is merely time shifted. See, e.g., 2003 Report, 19 FCC Rcd 1691-92 n. 586. See Time Warner Entertainment Co., L.P. v.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-187A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-187A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-187A1.txt
  • performance of the Commission's various responsibilities. See United States v. Southwestern Cable Co., 392 U.S. 157, 178 (1968) (Southwestern Cable); see also FCC v. Midwest Video Corp., 440 U.S. 689 (1979); United States v. Midwest Video Corp., 406 U.S. 649 (1972) (Midwest Video); Promotion of Competitive Networks in Local Telecommunications Markets, Wireless Commun. Ass'n Int'l, Inc., Petition to Amend Section 1.4000 of the Commission's Rules, WT Docket No. 99-217, CC Docket No. 96-98, and CC Docket No. 88-57, First Report and Order and Further Notice of Proposed Rulemaking in WT Docket No. 99-217, Fifth Report and Order and Memorandum Opinion and Order in CC Docket No. 96-98, and Fourth Report and Order and Memorandum Opinion and Order in CC Docket No.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-191A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-191A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-191A1.txt
  • an analysis of SMATV service); World Satellite Network, Inc. v. Tele-Communications, Inc., et al., Memorandum Opinion and Order, DA 99-1572 at para. 8 (CSB Aug. 11, 1999) (discussing locations to which video programming is sold). See, e.g., In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services, First Report and Order and Further Notice of Proposed Rulemaking in WT Docket No. 99-217, Fifth Report and Order and Memorandum Opinion and Order in CC Docket No. 96-98, and Fourth Report and Order and Memorandum Opinion and Order in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-267A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-267A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-267A1.txt
  • the interstate and intrastate components of the asserted Commission regulation)); see also New York State Comm'n on Cable Television v. FCC, 749 F.2d 804 (D.C. Cir. 1984) (affirming Commission order preempting state and local entry regulation of satellite master antenna television); Promotion of Competitive Networks in Local Telecommunications Markets; Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services; Implementation of the Local Competition Provisions in the Telecommunications Act of 1996; Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone Network, WT Docket No. 99-217; CC Docket Nos. 96-98,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-41A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-41A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-41A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit X X @ X X Before the Federal Communications Commission Washington, D.C. 20554 In the matter of Promotion of Competitive Networks in Local Telecommunications Markets Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services ) ) ) ) ) ) ) ) ) WT Docket No. 99-217 ORDER ON RECONSIDERATION Adopted: February 26, 2004 Released: March 24, 2004 By the Commission: Commissioner Martin issuing a statement. Introduction In this Order on Reconsideration, we address
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-41A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-41A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-41A2.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ` STATEMENT OF COMMISSIONER KEVIN J . MARTIN Re: Re: Promotion of Competitive Networks in Local Telecommunications Markets; Wireless Communications Association International, Inc. Petition for Rulemaking To Amend Section 1.4000 of the Commission's Rules To Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed To Provide Fixed Wireless Services, Order on Reconsideration, WT Docket No. 99-217 I have reservations with the Commission's decision to extend our rules for over-the-air reception devices (OTARD rules) to cover devices used to receive services other than video programming. The statutory basis for our
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-5A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-5A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-5A1.txt
  • with Time Warner. See also Time Warner Entm't Co., L.P. v. Atriums Partners, L.P., 232 F. Supp. 2d 1257 (D. Kan. 2002), appeal docketed, No. 03-3005 (10th Cir. Jan. 7, 2003). DirecTV Comments at 22. See also SBCA Comments at 14-15. See also 2002 Report, 17 FCC Rcd at 26955 � 123. The OTARD rules are at 47 C.F.R. � 1.4000. DirecTV Comments at 21-22. In this section, we refer to programming that is packaged as one or more 24-hour video programming network(s), rather than the individual shows and series that non-broadcast networks and broadcast networks purchase and package into 24-hour networks. Purchasing content and packaging it into networks represent two steps in the process of delivering programming to consumers which,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-150A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-150A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-150A1.txt
  • various responsibilities. See United States v. Southwestern Cable Co., 392 U.S. 157, 178 (1968) (Southwestern Cable); see also FCC v. Midwest Video Corp., 440 U.S. 689 (1979) (Midwest Video II); United States v. Midwest Video Corp., 406 U.S. 649 (1972) (Midwest Video I); Promotion of Competitive Networks in Local Telecommunications Markets, Wireless Commun. Ass'n Int'l, Inc., Petition to Amend Section 1.4000 of the Commission's Rules, WT Docket No. 99-217, First Report and Order and Further Notice of Proposed Rulemaking, 15 FCC Rcd 22983, 23028-29, para. 101 & n.261 (2000) (Competitive Networks). In this regard, we note that the Enforcement Bureau recently entered into a consent decree to resolve an investigation with respect to the blocking of ports used for VoIP. See
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-155A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-155A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-155A1.txt
  • of digital broadcast television signals to consumers. See Public Notice, Media Bureau Seeks Comment for Inquiry Required by the Satellite Home Viewer Extension and Reauthorization Act on Rules Affecting Competition in the Television Marketplace, 20 FCC Rcd 1572 (2005). MDUs may include rental apartments, as well as condominiums and co-operatives. See 47 C.F.R. � 76.802 et seq. 47 C.F.R. � 1.4000. 47 U.S.C. � 543(d). 2003 Navigation Devices Second Report and Order and FNPRM, 18 FCC Rcd 20885 (2003). Cable operators use digital compression in order to transmit an increased number of analog services. Generally, cable operators deliver a combination of analog and digital signals. A digital simulcast involves the digitization of the analog tier of programming at the operator's headend.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-55A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-55A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-55A1.txt
  • 1996] Act shall be construed to modify, impair, or supersede, or authorize the modification, impairment, or supersession of, any State or local law pertaining to taxation." 1996 Act, � 601(c)(2), published as a note to 47 U.S.C. � 152; see also Promotion of Competitive Networks in Local Telecommunications Markets; Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services; Cellular Telecommunications Industry Association Petition for Rulemaking and Amendment of the Commission's Rules to Preempt State and Local Imposition of Discriminatory and/or Excessive Taxes and Assessments; Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, Notice of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-154A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-154A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-154A1.txt
  • Report, 21 FCC Rcd at 2595-6 � 204. Id. at 2596 � 205. MDUs may include rental apartments, as well as condominiums and co-operatives. For example, last year, we reported that DIRECTV had developed a distribution system simplifying service to MDUs. 2005 Report, 21 FCC Rcd at 2597 � 207. See 47 C.F.R. � 76.800-806 et seq. 47 C.F.R. � 1.4000. 47 C.F.R. � 76.984(c)(3). See Closed Captioning of Video Programming, Telecommunications for the Deaf, Inc. Petition for Rulemaking, Notice of Proposed Rulemaking, 20 FCC Rcd 13211 (2005) (Closed Captioning NPRM). 47 C.F.R. � 79.1(b)(1) (phase-in schedule for captioning ``new'' English language programming, which is defined as programming first published or exhibited on or after January 1, 1998). Video programming first
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A1.txt
  • to receive wireless Internet service. On June 10, 2005, Massport demanded that Continental remove the Wi-Fi system on the basis that it is prohibited by the terms of Continental's lease. Continental replied to Massport that the provisions of the lease prohibiting the Wi-Fi system could not be enforced because of the Commission's over-the-air reception device (OTARD) rules, 47 C.F.R. � 1.4000. Massport responded that the OTARD rules do not apply because of the availability of an airport-wide Wi-Fi backbone. Massport also asserted that Continental's Wi-Fi system was a potential source of interference to other communications including public safety communications. The airport Wi-Fi backbone was installed by Advanced Wireless Group (AWG) under contract with Massport. AWG operates the airport Wi-Fi backbone as
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-189A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-189A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-189A1.txt
  • . . and to spur the development of communications technologies.'' These purposes coincide with the broader purposes of the Cable Television Consumer Protection & Competition Act of 1992 (Pub. L. No. 102-385, 106 Stat. 1460 (1992), codified at 47 U.S.C. �� 521 et seq, (the ``1992 Cable Act'')) and the 1934 Act generally. 47 U.S.C. � 548. 47 C.F.R. � 1.4000. Section 628 concerns two kinds of programming in particular. One is ``satellite cable programming,'' which is video programming (not including satellite broadcast programming) that is transmitted by satellite to cable operators for retransmission to cable subscribers. See 47 U.S.C. �� 548(i)(1), 605(d)(1). The other is ``satellite broadcast programming,'' which is broadcast video programming that is retransmitted by satellite by an
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-206A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-206A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-206A1.txt
  • direct-to-home satellite dishes that are less than one meter in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. It, however, allows local governments, community associations, and landlords to enforce restrictions that do not impair the installation, maintenance, or use of antennas as well as restrictions needed for safety and historic preservation. See 47 C.F.R. � 1.4000. State of Hawaii Comments at 4-5. DISH Network, http://www.dishnetwork.com/content/faq/search/about/ (visited Jan. 23, 2007). Jack Walda Electronics, Lihue Hawaii, 808-245-3321 (accessed Jan. 30, 2007). See Also Microcom, Anchorage Alaska, 907-2643474 (visited Jan. 30, 2007). DISH Network, at http://www.dishnetwork.com/content/programming/packages/alaska/index2.sh tml (visited Jan. 23, 2007). DISH Network, at http://www.dishnetwork.com/content/getdish/index.shtml (visited Jan. 23, 2007). EchoStar Comments at 20. DIRECTV Comments at 20. Id. at
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-207A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-207A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-207A1.txt
  • on the effectiveness of our program access rules. See also 47 C.F.R. �� 76.1000-1004, 76.1507. 47 U.S.C. � 548(i). The program access rules only apply to satellite cable programming and satellite broadcast programming. See also 47 U.S.C. � 605(d). MDUs may include rental apartments, as well as condominiums and co-operatives. See 47 C.F.R. � 76.800-806 et seq. 47 C.F.R. � 1.4000. 47 C.F.R. � 76.984(c)(3). 47 C.F.R. � 79.1(b)(1) (phase-in schedule for captioning ``new'' English language programming, which is defined as programming first published or exhibited on or after January 1, 1998). Video programming first published or exhibited for display on television receivers equipped for display of digital transmissions or formatted for such transmission is defined as ``new'' as of July
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-98A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-98A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-98A1.txt
  • that the Applications for Review filed by the Woodmere Townhome Association and the Community Associations Institute ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary In the caption and text of this Memorandum Opinion and Order we correct a previous misspelling of the Petitioner's name. See In the Matter of Philip Wojcikewicz[sic], 18 FCC Rcd 19523 (2003). 47 C.F.R. � 1.4000. See Preemption of Local Zoning Regulation of Satellite Earth Stations and Implementation of Section 207 of the Telecommunications Act of 1996; Restrictions on Over-the-Air Reception Devices: Television Broadcast Service and Multichannel Multipoint Distribution Service, 11 FCC Rcd 19276 (1996) (``Report and Order''), recon. granted in part and denied in part, 13 FCC Rcd 18962 (1998) (``Order on Reconsideration''), Second Report
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-66A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-66A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-66A1.txt
  • subject to our first-come, first-served procedures, a transfer of control would have no impact on the status of the application. Accordingly, based on the foregoing, we dismiss the waiver request as moot. Weinstein Motion to Enlarge the Issue On July 19, 2007, Stephen Weinstein filed a document entitled Motion to Enlarge the Issue (``Motion''). Weinstein claims that DIRECTV violated section 1.4000 of the Commission's rules governing over-the-air reception devices (``OTARD rule'') and misrepresented OTARD requirements and protections. Weinstein claims that DIRECTV did not give him accurate legal advice about the OTARD rule and his right to have an individual satellite antenna in cases where the landlord offers a central antenna system. He states: ``In determining whether the proposed transfer will result
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-35A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-35A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-35A1.txt
  • of the MDU MVPD agreements in the market''); Waterton Residential Comments at 1 (``About 10% of our properties are covered by some form of bulk billing arrangement''); SureWest Reply Comments at 6. But see Ziletto Comments at 2 (``This practice is pervasive in the condominium community''). Verizon Reply Comments at 3 n.6. Our Over-the-Air Reception Devices rules, 47 C.F.R. � 1.4000, permit MDU residents to place DBS receiving antennas on their premises under some circumstances. Dawson Declaration at � 7; MDU Commun. International, Inc. (``MDU Commun.'') Comments at 2 (filed Feb. 4, 2008). Tammy Callarman Comments. Boca Raton Comments at 3 (``upstart'' new entrants cannot obtain financing to wire buildings with fiber without the ``reliable, long term revenue stream'' that bulk
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-120A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-120A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-120A1.txt
  • Radio Pool in the Private Mobile Frequencies Below 800 MHz, WT Docket No. 99-87, RM-9332, RM-9405, Notice of Proposed Rulemaking, 14 FCC Rcd 5206, 5244 � 76 (1999). XO Comments at 3. PCIA Comments at 3, 5. In the Matter of Promotion of Competitive Networks in Local Telecommunications; Markets Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services; Implementation of the Local Competition; Provisions in the Telecommunications Act of 1996, WT. Docket No. 99-217; CC Docket Nos. 96-98 and 88-57; First Report and Order and Further Notice of Proposed Rulemaking in WT Docket No. 99-217, Fifth Report and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-16A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-16A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-16A1.txt
  • (rules applicable to restricted proceedings), 1.1212 (procedures for handling prohibited ex parte presentations). MAP Comments at 2. See 47 U.S.C. � 208; 47 C.F.R. �� 1.720 et seq. See 47 U.S.C. � 224; 47 C.F.R. �� 1.1401 et seq. See 47 U.S.C. � 222; 47 C.F.R. �� 64.2001 et seq. See 47 C.F.R. �� 76.7 et seq. See id. �� 1.4000 et seq. See id. � 54.314. We note that other bureaus and offices may wish to complete independent proceedings to transition matters within their jurisdiction into the formal docketing process, and direct CGB to take particular care to consult with the bureaus and offices in this regard. We note that any subsequent determination that specific proceedings (or types of proceedings)
• http://transition.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.pdf http://transition.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.wp
  • and to require cable system operators to educate subscribers as to the use of this device.177 Congress, however, subsequently abolished the Commission's A/B switch requirements when Federal Communications Commission FCC 98-153 17847 U.S.C. �534(e). 1791992 Cable Act, �2(a)(18). 180Rules have also been adopted by the Commission which remove legal impediments to the installation of roof top antennas. See 47 C.F.R. �1.4000. 181See DTV Refocuses Attention on Antenna Issues at CES, COMMUNICATIONS DAILY, Jan. 13, 1998 at 6 (" 'DTV makes antennas more important than ever,' said Charles Sherman, NAB senior vp-TV . . . .'We wish the whole world was still on antennas.' ") 40 it passed the Cable Act of 1992, stating affirmatively that no cable operator should be required
• http://transition.fcc.gov/Bureaus/Cable/Orders/1998/fcc98273.pdf http://transition.fcc.gov/Bureaus/Cable/Orders/1998/fcc98273.txt http://transition.fcc.gov/Bureaus/Cable/Orders/1998/fcc98273.wp
  • and Prohibited Access Areas......33 1. Scope of Section 207...........................................33 2. Constitutional Considerations.....................................37 3. Practical Considerations.........................................46 C. First Amendment and Equal Protection Claims..............................52 1. First Amendment..............................................52 2. Equal Protection...............................................59 III. Final Regulatory Flexibility Analysis............................................63 IV. Paperwork Reduction Act of 1995 Analysis.......................................80 V. Ordering Clauses...........................................................81 Appendix A - List of Commenters Appendix B - The Over-the-Air Reception Devices Rule (47 C.F.R. � 1.4000) Federal Communications Commission FCC 98-273 1Pub. L. No. 104-104, 110 Stat. 114 (1996). 2See IB Docket No. 95-59 and CS Docket No. 96-83, FCC No. 96-328, 11 FCC Rcd 19276 (rel. Aug. 6, 1996). In re Preemption of Local Zoning Regulation of Satellite Earth Stations, IB Docket No. 95-59, and In re Implementation of Section 207 of the Telecommunications Act
• http://transition.fcc.gov/Bureaus/Cable/Reports/fcc01001.doc http://transition.fcc.gov/Bureaus/Cable/Reports/fcc01001.pdf http://transition.fcc.gov/Bureaus/Cable/Reports/fcc01001.txt
  • Premises Equipment, Implementation of the Consumer Protection and Competition Act of 1992: Cable Home Wiring, CS Docket 95-184 and MM Docket No. 92-260, Report and Order and Second Further Notice of Proposed Rulemaking (``Inside Wiring Order''), 13 FCC Rcd 3659 (1998). Promotion of Competitive Networks in Local Telecommunications Markets, Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Service, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, Review of Sections 68.104 and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone Network, WT Docket No. 99-217, CC Docket No. 96-98,
• http://transition.fcc.gov/Bureaus/Cable/Reports/fcc99418.doc http://transition.fcc.gov/Bureaus/Cable/Reports/fcc99418.txt
  • Video Satellite, Inc. for Assignment of Direct Broadcast Satellite Orbital Positions and Channels, Memorandum Opinion and Order, 10 FCC Rcd 10480 (1995). DirecTV Comments at 10. DirecTV Comments at 10-11; SBCA Comments at 25; EchoStar Comments at 2-6. EchoStar Comments at 6. SBCA Comments at 10. Id. at 10-11. Id. at Appendix B (``1999 DBS Study 6''). 47 C.F.R. � 1.4000. As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Commission adopted the OTARD Rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from DBS, MMDS, and television broadcast stations. The rule prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule prohibits
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00290.pdf
  • untimely access. The following recommendations accomplish this by encouraging competition, promoting infrastructure investment and addressing the affordability of advanced services. 385 See Mass Media Bureau Provides Further Information on Application Filing Procedures and Announces Availability of Electronic Filing for Two-Way Multipoint Distribution Service and Instructional Television Fixed Service, Public Notice, DA 00-1481 (rel. June 30, 2000). 386 47 C.F.R. � 1.4000. 387 See NTIA/RUS Report at 36-38. Federal Communications Commission FCC 00-290 100 � We are considering a modification of our collocation rules to ensure competitive access to incumbent LEC remote premises.388 As fiber is pushed further into the local loop and customers are increasingly served through remote terminals, we recognize the need to ensure that competition is not stifled by
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00400.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00400.txt
  • para. 29. See, e.g., In the Matter of Detariffing the Installation and Maintenance of Inside Wiring, CC Docket No. 79-105, Third Report and Order, 7 FCC Rcd 1334 at n.6; see supra notes 4 and 5; See In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets, Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services, WT Docket No. 99-217, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, CC Docket No. 96-98, and Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone
• http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.doc http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.txt
  • cause harmful interference to stations in Canada or Mexico. � 101.1425 RF safety. Stations with output powers that equal or exceed 1640 watts eirp will be subject to the routine environmental evaluation rules for radiation hazards, as set forth in Section 1.1307 of this part. � 101.1427 Over-the-air reception devices rule (OTARD). The Over-the-Air Reception Devices Rule (OTARD) in Section 1.4000 of this part shall apply to the receive-only MVDDS antennas at subscribers' homes or offices. � 101.1437 MVDDS licenses subject to competitive bidding. Mutually exclusive initial applications for MVDDS licenses in the 12.2-12.7 GHz band are subject to competitive bidding procedures. The procedures set forth in part 1, subpart Q, of this chapter will apply unless otherwise provided in this
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99141.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission FCC 99-141 Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of )) Promotion of Competitive Networks ) WT Docket No. 99-217 in Local Telecommunications Markets )) Wireless Communications Association ) International, Inc. Petition for Rulemaking to ) Amend Section 1.4000 of the Commission's Rules ) to Preempt Restrictions on Subscriber Premises ) Reception or Transmission Antennas Designed ) To Provide Fixed Wireless Services )) Cellular Telecommunications Industry ) Association Petition for Rule Making and ) Amendment of the Commission's Rules ) to Preempt State and Local Imposition of ) Discriminatory And/Or Excessive Taxes ) and Assessments )) Implementation of the
• http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone Network ) ) ) ) ) ) ) )
• http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr056.doc http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr056.html http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr056.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit October 12, 2000 In the Matter of Promotion of Competitive Networks in Local Communications Markets, WT Docket No. 99-217; Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, CC Docket No. 96-98; Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone Network, CC Docket 88-57. PRESS
• http://transition.fcc.gov/ownership/materials/already-released/survivor090002.pdf
  • combined with a system's ownership of one or more regional programming networks may create one such opportunity for cable operators to shift (regional) programming to terrestrial distribution to facilitate denial of the programming to competitors. See Program Access Report & Order, FCC 02-176, �� 123-41. 126 The satellite dishes may be of any size in Alaska. 127 47 C.F.R. � 1.4000 128 Restrictions on Over-the-Air Receptions Devices: Television Broadcast, Multichannel Multipoint Distribution and Direct Broadcast Satellite Services, CS Docket No. 96-83, Second Report and Order, 13 FCC Rcd 23874 (1998); Restrictions on Over-the-Air Receptions Devices: Television Broadcast, Multichannel Multipoint Distribution and Direct Broadcast Satellite Services, CS Docket No. 96-83, Order on Reconsideration, 14 FCC 19924 (1999). 61 the satellite, which transmits
• http://wireless.fcc.gov/auctions/17/releases/fc970082.pdf http://wireless.fcc.gov/auctions/17/releases/fc970082.txt http://wireless.fcc.gov/auctions/17/releases/fc970082.wp
  • Regulation of Satellite Earth Stations: IB Docket No. 95-59, Implementation of 579 Section 207 of the Telecommunications Act of 1996 and Restrictions on Over-the-Air Reception Devices, Television Broadcast Service and Multichannel Multipoint Distribution Service: CS Docket No. 96-83, Report and Order, Memorandum Opinion and Order, and Further Notice of Proposed Rulemaking, FCC 96-328, released Aug. 8, 1996 (adopting new Section 1.4000 of the Commission's Rules). Id. at paras. 30, 37. 580 PAGE 154 376. The 1996 Act provides express authority in Section 207 for the Commission to prohibit all restrictions on over-the-air reception devices. It required us to promulgate 577 regulations to prohibit restrictions that impair a viewer's ability to receive video programming service through devices designed for over-the-air reception of
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • Regulation of Satellite Earth Stations: IB Docket No. 95-59, Implementation of 579 Section 207 of the Telecommunications Act of 1996 and Restrictions on Over-the-Air Reception Devices, Television Broadcast Service and Multichannel Multipoint Distribution Service: CS Docket No. 96-83, Report and Order, Memorandum Opinion and Order, and Further Notice of Proposed Rulemaking, FCC 96-328, released Aug. 8, 1996 (adopting new Section 1.4000 of the Commission's Rules). the Constitution, it is empowered to pre-empt state laws to the extent it is believed that such action is necessary to achieve its purposes.'' The Commission may preempt non-Federal 574 regulations when the non-Federal body has created an obstacle to the accomplishment and execution of the full purposes and objectives'' of the Commission acting within its
• http://wireless.fcc.gov/auctions/53/releases/fc000418.pdf http://wireless.fcc.gov/auctions/53/releases/fc000418.txt
  • Local Telecommunications Markets, First Report and Order and Further Notice of Proposed Rule Making in WT Docket No. 99-217, Fifth Report and Order and Memorandum Opinion and Order in CC Docket No. 96-98, and Fourth Report and Order and Memorandum Opinion and Order in CC Docket No. 88-57, FCC 00-366, at �� 117-120. (rel. October 25, 2000); 47 C.F.R. � 1.4000. We also note that local governments, associations, and property owners may require professional installation of transmitting antennas without running afoul of Section 1.4000 of our rules. Id. at � 119. 521 Table 1, 47 C.F.R. �1.1307(b)(1). 522 See Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, FCC Office of Engineering and Technology (OET), OET Bulletin 65,
• http://wireless.fcc.gov/auctions/53/releases/fc020116.pdf
  • at the satellite. 490 See Further Notice, 16 FCC Rcd at 4199 � 273. 491 MITRE Report at 6-2. 492 Id. at 6-3. 493 Id. at 6-4 494 Id. at 6-2 to 6-4. 495 MDSA Comments at 11-12; MDSA Reply Comments at 13-14. 496 See MDSA Comments at 12; Northpoint Comments, Technical Index at 25. 497 See 47 C.F.R. � 1.4000. See also Promotion of Competitive Networks in Local Telecommunications Markets, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, First Report and (continued....) Federal Communications Commission FCC 02-116 81 previously opined that the OTARD rule would probably apply to MVDDS antennas at subscribers' homes or offices because MVDDS proposed to provide wireless services.498 The Commission received no
• http://wireless.fcc.gov/releases/hfr-001012.doc http://wireless.fcc.gov/releases/hfr-001012.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit In the Matter of Promotion of Competitive Networks in Local Communications Markets, WT Docket No. 99-217; Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, CC Docket No. 96-98; Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone Network, CC Docket 88-57. PRESS
• http://wireless.fcc.gov/siting/otard.html
  • Structure [36]wow-com The World of Wireless Communications Over the Air Reception Devices In 1996, the Commission adopted the [37]Over-the-Air Reception Devices Rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from direct broadcast satellites ("DBS"), multichannel multipoint distribution (wireless cable) providers ("MMDS"), and television broadcast stations ("TVBS"). The rule is cited as [38]47 C.F.R. Section 1.4000. It prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule applies to video antennas including direct-to- home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent
• http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.pdf http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.txt http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.wp
  • and to require cable system operators to educate subscribers as to the use of this device.177 Congress, however, subsequently abolished the Commission's A/B switch requirements when Federal Communications Commission FCC 98-153 17847 U.S.C. �534(e). 1791992 Cable Act, �2(a)(18). 180Rules have also been adopted by the Commission which remove legal impediments to the installation of roof top antennas. See 47 C.F.R. �1.4000. 181See DTV Refocuses Attention on Antenna Issues at CES, COMMUNICATIONS DAILY, Jan. 13, 1998 at 6 (" 'DTV makes antennas more important than ever,' said Charles Sherman, NAB senior vp-TV . . . .'We wish the whole world was still on antennas.' ") 40 it passed the Cable Act of 1992, stating affirmatively that no cable operator should be required
• http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98273.pdf http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98273.txt http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98273.wp
  • and Prohibited Access Areas......33 1. Scope of Section 207...........................................33 2. Constitutional Considerations.....................................37 3. Practical Considerations.........................................46 C. First Amendment and Equal Protection Claims..............................52 1. First Amendment..............................................52 2. Equal Protection...............................................59 III. Final Regulatory Flexibility Analysis............................................63 IV. Paperwork Reduction Act of 1995 Analysis.......................................80 V. Ordering Clauses...........................................................81 Appendix A - List of Commenters Appendix B - The Over-the-Air Reception Devices Rule (47 C.F.R. � 1.4000) Federal Communications Commission FCC 98-273 1Pub. L. No. 104-104, 110 Stat. 114 (1996). 2See IB Docket No. 95-59 and CS Docket No. 96-83, FCC No. 96-328, 11 FCC Rcd 19276 (rel. Aug. 6, 1996). In re Preemption of Local Zoning Regulation of Satellite Earth Stations, IB Docket No. 95-59, and In re Implementation of Section 207 of the Telecommunications Act
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000927.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit P P P P 8 d � P Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Bell Atlantic Video Services Company Petition for Declaratory Ruling Pursuant to 47 C.F.R. � 1.4000 ) ) ) ) ) ) ) ) ) CSR 5398-0 Adopted: April 24, 2000 Released: April 26, 2000 By the Chief, Cable Services Bureau: iNTRODUCTIOn Bell Atlantic Video Services Company (``Bell Atlantic'') filed a Petition for Declaratory Ruling (``Petition'') seeking a determination that The Meadow Community Service Association's (``MCSA'' or ``The Meadow'') covenants, conditions, and restrictions that prohibit or
• http://www.fcc.gov/Bureaus/Cable/Public_Notices/1997/fcc97034.pdf http://www.fcc.gov/Bureaus/Cable/Public_Notices/1997/fcc97034.txt http://www.fcc.gov/Bureaus/Cable/Public_Notices/1997/fcc97034.wp
  • v. United States, 444 U.S. 37, 42 (1979)("A fundamental canon of construction is that, 22 unless otherwise defined, words will be interpreted as taking their ordinary, contemporary, common meaning."). While the Commission's Rules use the term "acceptable" in a variety of contexts, none of them appear to relate to the question before the Commission here. See, e.g., 47 C.F.R. � 1.4000(a)(2)(iii)(preempting local regulation that precludes reception of an "acceptable" quality signal); 47 C.F.R. � 5.207 (applicants for a pioneer's preference may submit an "acceptable" showing of technical feasibility); 47 C.F.R. � 15.117(c)(Note)(discussing "acceptable" television tuning mechanisms); 47 C.F.R. � 68.318(b)(1)(establishing minimum "acceptable" standards for certain terminal equipment); 47 C.F.R. � 73.702(g)(Note)(although FCC prefers field strengths equal to or greater than IFRB
• http://www.fcc.gov/Bureaus/Cable/Public_Notices/2000/da000196.doc
  • COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE The Commission has received a Petition for Declaratory Ruling from Dr. and Mrs. Irvin Guterman asking the Commission to determine whether the Dumont Oaks Corporation (``Dumont Oaks'') Declaration of Protective Covenants, Conditions, Restrictions and Easements (CC&R's) for The Palatine in Potomac restricting installation and placement of television antennas and satellite dishes is preempted by Section 1.4000 of the Commission's rules. The Petition alleges that the Dumont Oaks covenants violate the Commission's rule preempting restrictions that impair installation, maintenance or use of over-the-air reception devices (satellite dishes and antennas) by requiring prior approval and restricting placement. The Palatine in Potomac is located in Potomac, Maryland. For purposes of our ex parte rules, this proceeding will be considered
• http://www.fcc.gov/Bureaus/Cable/Public_Notices/2000/da000434.doc
  • PREEMPTED BY THE COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE The Commission has received a Petition for Declaratory Ruling from Mr. Keith A. Sime asking the Commission to determine whether The Plantation at Leesburg Homeowners' Association, Inc.'s (``The Plantation'') Declaration of Protective Covenants, Conditions, Easements and Restrictions (CC&R's) restricting installation and placement of television antennas and satellite dishes is preempted by Section 1.4000 of the Commission's rules. The Petition alleges that The Plantation's covenants violate the Commission's rule preempting restrictions that impair installation, maintenance or use of over-the-air reception devices (satellite dishes and antennas) by adding an unreasonable expense to the installation, by limiting the color of the dish, by requiring screening of the dish, and by restricting its height and placement. The
• http://www.fcc.gov/Bureaus/Cable/Public_Notices/2000/da000719.doc
  • HOMEOWNERS ASSOCIATION ARE PREEMPTED BY THE COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE Messrs. Daniel and Corey Roberts have filed a Petition for Declaratory Ruling asking the Commission to determine whether the Declaration of Protective Covenants, Conditions, Easements and Restrictions of The Canada Vista Homeowners Association (``Canada Vista'') restricting installation and placement of television antennas and satellite dishes is preempted by Section 1.4000 of the Commission's rules. The Petition alleges that Canada Vista's covenants violate the Commission's rule preempting restrictions that impair installation, maintenance or use of over-the-air reception devices (satellite dishes and antennas) by imposing antenna screening requirements that add an unreasonable expense to the installation. Canada Vista is located in Scottsdale, Arizona. For purposes of our ex parte rules, this proceeding
• http://www.fcc.gov/Bureaus/Cable/Reports/fcc01001.doc http://www.fcc.gov/Bureaus/Cable/Reports/fcc01001.pdf http://www.fcc.gov/Bureaus/Cable/Reports/fcc01001.txt
  • Premises Equipment, Implementation of the Consumer Protection and Competition Act of 1992: Cable Home Wiring, CS Docket 95-184 and MM Docket No. 92-260, Report and Order and Second Further Notice of Proposed Rulemaking (``Inside Wiring Order''), 13 FCC Rcd 3659 (1998). Promotion of Competitive Networks in Local Telecommunications Markets, Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Service, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, Review of Sections 68.104 and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone Network, WT Docket No. 99-217, CC Docket No. 96-98,
• http://www.fcc.gov/Bureaus/Cable/Reports/fcc99418.doc http://www.fcc.gov/Bureaus/Cable/Reports/fcc99418.txt
  • Video Satellite, Inc. for Assignment of Direct Broadcast Satellite Orbital Positions and Channels, Memorandum Opinion and Order, 10 FCC Rcd 10480 (1995). DirecTV Comments at 10. DirecTV Comments at 10-11; SBCA Comments at 25; EchoStar Comments at 2-6. EchoStar Comments at 6. SBCA Comments at 10. Id. at 10-11. Id. at Appendix B (``1999 DBS Study 6''). 47 C.F.R. � 1.4000. As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Commission adopted the OTARD Rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from DBS, MMDS, and television broadcast stations. The rule prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule prohibits
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2000/fcc00171.doc
  • 68.216, 68.226, 68.302, 68.304, 68.306, 68.308, 68.310, 68.312, 68.314, 68.500, 68.502, 68.504, and 68.506. See, e.g., Inside Wiring Third Report & Order, 7 FCC Rcd 1334 at note 6; see supra notes 8 and 10; see also Promotion of Competitive Networks in Local Telecommunications Markets, WT Docket No. 99-217, Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed To Provide Fixed Wireless Services, Cellular Telecommunications Industry Association Petition for Rule Making and Amendment of the Commission's Rules to Preempt State and Local Imposition of Discriminatory And/Or Excessive Taxes and Assessments, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, CC
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00290.pdf
  • untimely access. The following recommendations accomplish this by encouraging competition, promoting infrastructure investment and addressing the affordability of advanced services. 385 See Mass Media Bureau Provides Further Information on Application Filing Procedures and Announces Availability of Electronic Filing for Two-Way Multipoint Distribution Service and Instructional Television Fixed Service, Public Notice, DA 00-1481 (rel. June 30, 2000). 386 47 C.F.R. � 1.4000. 387 See NTIA/RUS Report at 36-38. Federal Communications Commission FCC 00-290 100 � We are considering a modification of our collocation rules to ensure competitive access to incumbent LEC remote premises.388 As fiber is pushed further into the local loop and customers are increasingly served through remote terminals, we recognize the need to ensure that competition is not stifled by
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00400.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00400.txt
  • para. 29. See, e.g., In the Matter of Detariffing the Installation and Maintenance of Inside Wiring, CC Docket No. 79-105, Third Report and Order, 7 FCC Rcd 1334 at n.6; see supra notes 4 and 5; See In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets, Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services, WT Docket No. 99-217, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, CC Docket No. 96-98, and Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc99405.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc99405.txt
  • BOMA petition from individual building owners, managers, and others. See Petition for Expedited Rulemaking, filed August 22, 1995 (BICSI Petition). 1997 Rulemaking, 12 FCC Rcd at 11897. Id. BellSouth petition at 3-4. Bell Atlantic petition at 2. Promotion of Competitive Networks in Local Telecommunications Markets, WT Docket No. 99-217; Wireless Communications Association International, Inc., Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed To Provide Fixed Wireless Services; Cellular Telecommunications Industry Association Petition for Rule Making and Amendment of the Commission's Rules to Preempt State and Local Imposition of Discriminatory and/or Excessive Taxes and Assessments: Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, CC
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.txt
  • cause harmful interference to stations in Canada or Mexico. � 101.1425 RF safety. Stations with output powers that equal or exceed 1640 watts eirp will be subject to the routine environmental evaluation rules for radiation hazards, as set forth in Section 1.1307 of this part. � 101.1427 Over-the-air reception devices rule (OTARD). The Over-the-Air Reception Devices Rule (OTARD) in Section 1.4000 of this part shall apply to the receive-only MVDDS antennas at subscribers' homes or offices. � 101.1437 MVDDS licenses subject to competitive bidding. Mutually exclusive initial applications for MVDDS licenses in the 12.2-12.7 GHz band are subject to competitive bidding procedures. The procedures set forth in part 1, subpart Q, of this chapter will apply unless otherwise provided in this
• http://www.fcc.gov/Bureaus/International/Orders/2000/da002170.doc
  • legitimate and important interest in managing land use in their communities. The Commission has two rules that govern the installation and use of satellite antennas as well as specify when local zoning ordinances are preempted by federal rules. Section 25.104 governs restrictions on the installation, maintenance and use of satellite earth station antennas greater than one meter in diameter. Section 1.4000 governs over the air reception devices (``OTARD''), including satellite antennas one meter or less in diameter. These rules seek to balance local and federal concerns. C. The Waiver Standard 5. In order to further the federal interests of competition and access to communications facilities without interfering with local interests, Section 25.104(a) preempts local zoning restrictions that limit transmission or reception
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl990813.html http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl990813.wp
  • Wagonwheel Broadcasting of Santa Anna. In the Matter of Amendment of Section 73.202(b) Table of Allotments FM Broadcast Stations (Middlebury, Berlin, and Hardwick, Vermont)(MM Docket No. 98-72/RM 9368). Notification of License Assignment - Bulmer Communications of Vermont, Inc. In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets/Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services (WT Docket No. 99-217)/Cellular Telecommunications Industry Association Petition for Rule Making and Amendment of the Commission's Rules to Preempt State and Local Imposition of Discriminatory And/Or Excessive Taxes and Assessments/Implementation of the Local Competition Provisions in the Telecommunications Act of
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl990820.html http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl990820.wp
  • Maritime Mobile and the Maritime Mobile-Satellite Radio Services (IB Docket No. 98-96), Report and Order and Further Notice of Proposed Rulemaking (released July 13, 1999), Request to Extend Comment Period. Comments - The United States Department of Commerce. In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets/Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Reception or Transmission Antennas Designed To Provide Fixed Wireless Services/Cellular Telecommunications Industry Association Petition for Rulemaking and Amendment of the Commission's Rules to Preempt State and Local Imposiiton of Discriminatory And/Or Excessive Taxes and Assessments/Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 (CC Docket No. 96-98). Comment - U.S. RealTel, Inc., Greenbelt Homes, Inc.
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl990827.doc http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl990827.html
  • Markets (WT Docket No. 99-217)/Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 (CC Docket No. 96-98). Comments - Arrowhead Management Company, Windsor Ridge at Westborough, Colony North, Seldin Company, Windsor at Arbors, Parkway Properties. In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets/Wireless Communications Association International, Inc. Petitions for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services (WT Docket No. 99-217)/Cellular Telecommunications Industry Association Petition for Rulemaking and Amendment of the Commission's Rules to Preempt State and Local Imposition of Discriminatory And/or Excessive Taxes and Assessments/Implementation of the Local Competition Provisions in the -8- Telecommunications Act of
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl991001.doc http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl991001.html
  • the Matter of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations (Fort Bridger, Wyoming and Hyrum, Utah)(MM Docket No. 99-232/RM 9321). Response to Reply Comments - M. Kent Frandsen/KNYN. -3- September 27 In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets (WT Docket No. 99-217)/Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services/Cellular Telecommunications Industry Association Petition for RuleMaking and Amendment of the Commission's Rules to Preempt State and Local Imposition of Discriminatory And/Or Excessive Taxes and Assessments/Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 (CC Docket No. 96-98).
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl991015.doc http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl991015.html
  • Communications Coalition. In the Matter of Public Safety National Channels of Carroll County, Maryland Licensed Under Call Signs WPIQ515 and WPIU695 (GN Docket No. 90-7/GN Docket No. 89-574/GN Docket No. 92-274 DA-99-1812). Response - The Commonwealth of Pennsylvania. In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets/Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services (WT Docket No. 99-217)/Cellular Telecommunications Industry Association Petition for Rulemaking and Amendment of the Commission's Rules to Preempt State and Local Imposition of Discriminatory And/Or Excessive Taxes and Assessments (CC Docket No. 96-98)/Implementation of the Local Competition Provisions in the
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl991029.doc http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl991029.html
  • In the Matter of OLE BROOK BROADCASTING, INC. AND LEOLA D. DICKEY For Construction Permit for a New FM Station, Channel 282C3 Bude, Mississippi (File No. BPH-9501511MI/File No. BPH-950503MC). Comments In Opposition - Ole Brook Broadcasting, Inc. -3- In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets/Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception of Transmission Antennas Designed to Provide Fixed Wireless Services/Cellular Telecommunications Industry association Petition for Rulemaking and Amendment of the Commission's Rules to Preempt State and Local Imposition of Discriminatory And/Or Excessive Taxes/Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 (CC Docket No. 96-98). Motion for
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl991105.doc http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl991105.html
  • Utilities Commissioners. In the Matter of Amendment of Section 73.202(b) Table of Allotments FM Broadcast Stations (Greeley and Broomfield, Colorado)(MM Docket No. 99-279/RM 9716). Comments of Expression of Continuing Interest - Chancellor Media/Shamrock Radio Licenses, L.L.C. -2- October 29 In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets/Wireless Communications Association International, Inc. Petition for Rulemaking to Amend 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed To Provide Fixed Wireless Service (WT Docket No. 99-217)/Cellular Telecommunications Industry Association Petition for Rulemaking and Amendment of the Commission's Rules to Preempt State and Local Imposition of Discriminatory And/Or Excessive Taxes and Assessments/Implementation of the Local Competition Provisions in the Telecommunications Act of 1996
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl991203.doc http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl991203.html
  • Ad Hoc Telecommunications Users Committee. In the Matter of United States Telecom Association Petition for Rulemaking - 2000 Biennial Regulatory Review (RM 9707). Reply Comments - The United States Telecom Association, Bell Atlantic. -8- In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets (WT Docket No. 99-217)/Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services/Cellular Telecommunications Industry Association Petition for Rulemaking and Amendment of the Commission's Rules to Preempt State and Local Imposition of Discriminatory And/Or Excessive Taxes and Assessments/Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 (CC Docket No. 96-98).
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl991217.doc
  • of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations (Mill Hall, Pennsylvania; Jersey Shore, Pennsylvania; and Pleasant Gap, Pennsylvania)(MM Docket No. 99-312/RM 9735). Comments - Forever Broadcasting, LLC, Carl T. Jones Corporation. In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets (WT Docket No. 99-217)/Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services/Cellular Telecommunications Industry Association Petition for Rulemaking and Amendment of the Commission's Rules to Preempt State and local Imposition of Discriminatory And/Or Excessive Taxes and Assessments/Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 (CC Docket No. 96-98).
• http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990507.html http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990507.wp
  • (202) 418-2358. PN 5/5; DA 99-839 Cable Services Action - Petitions Seeking Declaratory Rulings That Certain Restrictions of Homeowners Associations are Preempted by the Commission's Over-the-Air Reception Devices Rule The Commission has received two Petitions for Declaratory Rulings, both asking the Commission to determine whether covenants restricting installation and placement of television antennas and satellite dishes are preempted by Section 1.4000 of the Commission's rules. One Petition involves the Meadow Community Service Association's covenants (The Meadow, New Market, MD) and the other involves the Crooked Creek Villages Homeowners' Association, Inc's covenants (Crooked Creek, Indianapolis, IN). Comments for both due June 4; replies June 21. Contact: Eloise Gore at (202) 418-1066; Roberto Rodas at (202) 418-1024. News Media Contact: Morgan Broman (202)
• http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990514.html http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990514.wp
  • (202) 418-2358. PN 5/5; DA 99-839 Cable Services Action - Petitions Seeking Declaratory Rulings That Certain Restrictions of Homeowners Associations are Preempted by the Commission's Over-the-Air Reception Devices Rule The Commission has received two Petitions for Declaratory Rulings, both asking the Commission to determine whether covenants restricting installation and placement of television antennas and satellite dishes are preempted by Section 1.4000 of the Commission's rules. One Petition involves the Meadow Community Service Association's covenants (The Meadow, New Market, MD) and the other involves the Crooked Creek Villages Homeowners' Association, Inc's covenants (Crooked Creek, Indianapolis, IN). Comments for both due June 4; replies June 21. Contact: Eloise Gore at (202) 418-1066; Roberto Rodas at (202) 418-1024. News Media Contact: Morgan Broman (202)
• http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990521.html http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990521.wp
  • (202) 418-2358. PN 5/5; DA 99-839 Cable Services Action - Petitions Seeking Declaratory Rulings That Certain Restrictions of Homeowners Associations are Preempted by the Commission's Over-the-Air Reception Devices Rule The Commission has received two Petitions for Declaratory Rulings, both asking the Commission to determine whether covenants restricting installation and placement of television antennas and satellite dishes are preempted by Section 1.4000 of the Commission's rules. One Petition involves the Meadow Community Service Association's covenants (The Meadow, New Market, MD) and the other involves the Crooked Creek Villages Homeowners' Association, Inc's covenants (Crooked Creek, Indianapolis, IN). Comments for both due June 4; replies June 21. Contact: Eloise Gore at (202) 418-1066; Roberto Rodas at (202) 418-1024. News Media Contact: Morgan Broman (202)
• http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990604.html http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990604.wp
  • (202) 418-2358. PN 5/5; DA 99-839 Cable Services Action - Petitions Seeking Declaratory Rulings That Certain Restrictions of Homeowners Associations are Preempted by the Commission's Over-the-Air Reception Devices Rule The Commission has received two Petitions for Declaratory Rulings, both asking the Commission to determine whether covenants restricting installation and placement of television antennas and satellite dishes are preempted by Section 1.4000 of the Commission's rules. One Petition involves the Meadow Community Service Association's covenants (The Meadow, New Market, MD) and the other involves the Crooked Creek Villages Homeowners' Association, Inc's covenants (Crooked Creek, Indianapolis, IN). Comments for both due June 4*; replies June 21. Contact: Eloise Gore at (202) 418-1066; Roberto Rodas at (202) 418-1024. News Media Contact: Morgan Broman (202)
• http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990618.html http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op990618.wp
  • SERVICES BUREAU PN 5/5; DA 99-839 Cable Services Action - Petitions Seeking Declaratory Rulings That Certain Restrictions of Homeowners Associations are Preempted by the Commission's Over-the-Air Reception Devices Rule The Commission has received two Petitions for Declaratory Rulings, both asking the Commission to determine whether covenants restricting installation and placement of television antennas and satellite dishes are preempted by Section 1.4000 of the Commission's rules. One Petition involves the Meadow Community Service Association's covenants (The Meadow, New Market, MD) and the other involves the Crooked Creek Villages Homeowners' Association, Inc's covenants (Crooked Creek, Indianapolis, IN). Comments for both due June 4*; replies June 21. Contact: Eloise Gore at (202) 418-1066; Roberto Rodas at (202) 418-1024. News Media Contact: Morgan Broman (202)
• http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Agenda/2000/ag000914.doc http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Agenda/2000/ag000914.html
  • POLICY TITLE: Compatibility Between Cable Systems and Consumer Electronics Equipment (PP Docket No. 00-67). SUMMARY: The Commission will consider a Report and Order concerning compatibility between cable systems and consumer electronics equipment. 6 WIRELESS TELE-COMMUNICATIONS TITLE: Promotion of Competitive Networks in Local Telecommunications Markets (WT Docket No. 99-217); Wireless Communications Association International, Inc., Petition for Rule Making to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services; Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 (CC Docket No. 96-98); and Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to Telephone Network (CC Docket No. 88-57).
• http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Agenda/2000/ag001012.html
  • Carriers: Phase 2 and Phase 3. SUMMARY: The Commission will consider a Notice of Proposed Rule Making concerning issues regarding the accounting rules and ARMIS reporting requirements for incumbent local exchange carriers. 3 WIRELESS TELE-COMMUNICATIONS TITLE: Promotion of Competitive Networks in Local Telecommunications Markets (WT Docket No. 99-217); Wireless Communications Association International, Inc., Petition for Rule Making to Amend Section 1.4000 of the Commissions Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services; Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 (CC Docket No. 96-98); and Review of Sections 68.104, and 68.213 of the Commissions Rules Concerning Connection of Simple Inside Wiring to Telephone Network (CC Docket No. 88-57).
• http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Agenda/2000/ag00914a.html
  • POLICY TITLE: Compatibility Between Cable Systems and Consumer Electronics Equipment (PP Docket No. 00-67). SUMMARY: The Commission will consider a Report and Order concerning compatibility between cable systems and consumer electronics equipment. 6 WIRELESS TELE-COMMUNICATIONS TITLE: Promotion of Competitive Networks in Local Telecommunications Markets (WT Docket No. 99-217); Wireless Communications Association International, Inc., Petition for Rule Making to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services; Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 (CC Docket No. 96-98); and Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to Telephone Network (CC Docket No. 88-57).
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99141.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission FCC 99-141 Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of )) Promotion of Competitive Networks ) WT Docket No. 99-217 in Local Telecommunications Markets )) Wireless Communications Association ) International, Inc. Petition for Rulemaking to ) Amend Section 1.4000 of the Commission's Rules ) to Preempt Restrictions on Subscriber Premises ) Reception or Transmission Antennas Designed ) To Provide Fixed Wireless Services )) Cellular Telecommunications Industry ) Association Petition for Rule Making and ) Amendment of the Commission's Rules ) to Preempt State and Local Imposition of ) Discriminatory And/Or Excessive Taxes ) and Assessments )) Implementation of the
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone Network ) ) ) ) ) ) ) )
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da010123.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da010123.txt
  • NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th Street, S.W., TW-A325 WASHINGTON, DC 20554 DA 01- 123 News media information 202/418-0500 Fax-On Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: January 19, 2001 COMMERCIAL WIRELESS DIVISION GRANTS WIRELESS COMMUNICATIONS ASSOCIATION INTERNATIONAL, INC. REQUEST FOR EXTENSION FOR TIME TO RESPOND TO THE REAL ACCESS ALLIANCE'S MOTION FOR STAY OF REVISED OTARD RULES, 47 C.F.R. � 1.4000, WHICH WERE PROMULGATED IN FCC 00-366 WT Docket No. 99-217 Comments due: January 26, 2001 On January 8, 2001, the Real Access Alliance filed a Motion for Stay (``Motion'') of certain rules promulgated in the First Report and Order in WT Docket No. 99-217, the Fifth Report and Order and Memorandum Opinion and Order in CC Docket No. 96-98, and
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd971014.html
  • IN SOUTH CAROLINA. Granted the peition for declaratory ruling filed by Michael MacDonald concerning antenna restrictions of Savannah Lakes Property Owners Association. The order finds historic preservation exception does not apply and Association's requirements for permit, prior approval, placement and camouflaging antennas, as well as threatened denial of community privileges, violate the Commission's Over-The-Air Reception Devices Rule (47 C.F.R. Section 1.4000). Action by Chief, CSB. Adopted: October 10, 1997. by MO&O. (DA No. 97-2189). CSB Internet URL: [8]http://www.fcc.gov/Bureaus/Cable/Orders/1997/da972189.txt CSB ADOPTS DECLARATORY RULING PREEMPTING RESTRICTIONS ON THE USE OF OVER THE AIR RECEPTION DEVICES IMPOSED BY HOMEOWNER ASSOCIATION IN SAN ANTONIO, TX. Granted the petition for declaratory ruling filed by C.S. Wireless (d/b/a Omnivision of San Antonio) concerning antenna restrictions of Northamption
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd971031.html
  • BUREAU ADOPTS DECLARATORY RULING PREEMPTING RESTRICTIONS ON THE USE OF OVER AIR RECEPTION DEVICES IMPOSED BY TOWNHOUSE ASSOCIATION IN ILLINOIS. Granted the petition for declaratory ruling filed by Victor Frankfurt concerning New Century Town Townhouse Association No. 2 antenna restrictions. The order finds New Century restriction that prohibits externally-mounted antennas violates the Commission's Over-The-Air Reception Devices Rule (47 C.F.R Section 1.4000) by impairing installation, maintenance and use of antennas covered by the rule. Action by Chief, Cable Services Bureau. Adopted: October 30, 1997. by MO&O. (DA No. 97-2305). CSB Internet URL: [16]http://www.fcc.gov/Bureaus/Cable/Orders/1997/da972305.txt ADDENDA: The following items, released October 30, 1997, did not appear in Digest No. 210: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- INTERNATIONAL BUREAU GRANTS TELMEX/SPRINT COMMUNICATIONS, L.L.C. AUTHORITY TO
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980204.html
  • tier rates charged by TCI Cablevision of Nevada, Inc., in Carson City, beginning June 1, 1997, and ordered TCI Cablevision of Nevada, Inc., to pay refunds to subscribers. Action by Deputy Chief, Cable Services Bureau. Adopted: February 2, 1998. by Order. (DA No. 98-189). CSB Internet URL: [9]http://www.fcc.gov/Bureaus/Cable/Orders/1998/da980189.txt JASON PETERSON/CHESAPEAKE COMMONS (CSR-5115-0). Granted Petition for Declaratory Ruling Under C.F.R. Section 1.4000 finding that restrictions on OTARDS are against the rules. Action by Chief, Cable Services Bureau. Adopted: January 30, 1998. by MO&O. (DA No. 98-188). CSB Internet URL: [10]http://www.fcc.gov/Bureaus/Cable/Orders/1998/da980188.txt COMCAST CABLEVISION OF WEST FLORIDA, INC. Granted the Petition for Reconsideration filed by Comcast Cablevision of West Florida concerning its cable programming services tier rate in Punta Gorda, FL. Action by Deputy
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980618.html
  • SERVICES BUREAU ADOPTS DECLARATORY RULING PREEMPTING RESTRICTIONS ON THE USE OF OVER THE AIR RECEPTION DEVICES IMPOSED BY TOWNHOUSE ASSOCIATION IN NEW YORK. Granted the petition for declaratory ruling filed by Jordan Lourie concerning Roxbury Run Village antenna restrictions. The order finds Roxbury Run Village restriction that prohibits externally-mounted antennas violates the Commission's Over-The-Air Reception Devices Rule (47 C.F.R. Section 1.4000) by impairing installation, maintenance and use of antennas covered by the rule. Action by Acting Chief, Cable Services Bureau. Adopted: June 16, 1998. by MO&O. (DA No. 98-1170). CSB Internet URL: [19]http://www.fcc.gov/Bureaus/Cable/Orders/1998/da981170.wp ADDENDA: The following items, released June 17, 1998, did not appear in Digest No. 116: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- U.S. DISTRICT COURT UPHOLDS FCC RADIO LICENSING
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980701.html
  • carriers that deliver unqueried traffic to US West for routing and termination. Action by Chief, Competitive Pricing Division, Common Carrier Bureau. Adopted: July 1, 1998. by MO&O. (DA No. 98-1315). CCB Internet URL: [10]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da981315.wp JAMES SADLER. Granted petition by James Sadler finding that townhome association's restrictions on antennas are prohibited by the Commission's over-the-air reception devices rule, 47 C.F.R. Section 1.4000. Action by Acting Chief, Cable Services Bureau. Adopted: June 26, 1998. by MO&O. (DA No. 98-1284). CSB Internet URL: [11]http://www.fcc.gov/Bureaus/Cable/Orders/1998/da981284.wp TCI CABLEVISION OF OHIO. Granted, in part, and denied, in part appeal of local rate order filed by TCI Cablevision of Ohio. Action by Chief, Cable Services Bureau. Adopted: June 25, 1998. by MO&O. (DA No. 98-1268). CSB Internet URL:
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980821.html
  • RECEPTION DEVICES IMPOSED BY HOMEOWNER ASSOCIATION IN POTOMAC, MD. Denied Application for Review of a Declaratory Ruling (DA 97-2188), in re: Jay Lubliner and Deborah Galvin, concerning Potomac Ridge Homeowner Association antenna restrictions. The Order affirms Cable Services Bureau's ruling that the Potomac Ridge restriction prohibiting externally-mounted television broadcast antennas violates the Commission's Over-the-Air Reception Devices Rule (47 C.F.R. Section 1.4000) by impairing reception of acceptable quality signal. Action by the Commission. Adopted: August 18, 1998. by MO&O. (FCC No. 98-201). CSB Internet URL: [13]http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98201.wp URSUS TELECOM CORP. Granted the cable landing license, subject to conditions, for the Bahamas II Cable System (Bahamas II). Granted the application of Ursus Telecom Corp under the Cable Landing License Act to add UTC as
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980925.html
  • mandatory carriage complaint. Action by Deputy Bureau Chief. Adopted: September 22, 1998. by MO&O. (DA No. 98-1945). CSB Internet URL: [10]http://www.fcc.gov/Bureaus/Cable/Orders/1998/da981945.wp **IMPLEMENTATION OF SECTION 207 OF THE TELECOMMUNICATIONS ACT OF 1996 - RESTRICTIONS ON OVER-THE-AIR RECEPTION DEVICES. Granted in part and denied in part Petitions for Reconsideration of the Report and Order and Over-the-Air Reception Devices Rule (47 C.F.R. Section 1.4000). Dkt No.: CS- 96-83. Action by the Commission. Adopted: August 27, 1998. by Order on Recon. (FCC No. 98-214). CSB Internet URL: [11]http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98214.wp ERRATUM - GRANTS AND PERALTA, NM. Amended NPRM in proceding, DA 98-1727, Docket MM 98-158, released September 11. Reply comments due November 17, 1998. Dkt No.: MM- 98-158. Adopted: September 23, 1998. MMB AMENDMENT OF PARTS 21
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd981120.html
  • May 1, 1998, rate increase for cable programming services tier in Rowland Heights, CA. Action by Acting Chief, Financial Analysis and Compliance Division. Adopted: November 19, 1998. by Order. (DA No. 98-2352). CSB Internet URL: [18]http://www.fcc.gov/Bureaus/Cable/Orders/1998/da982352.wp **IMPLEMENTATION OF SECTION 207 OF THE TELECOMMUNICATIONS ACT OF 1996 - RESTRICTIONS ON OVER-THE-AIR RECEPTION DEVICES. Amended the Over-the-Air-Reception Devices Rule (47 C.F.R. Section 1.4000) to include within the scope of the rule lease restrictions on antenna installation within the leasehold. Dkt No.: CS- 96-83. Action by the Commission. Adopted: October 14, 1998. by 2nd R&O. (FCC No. 98-273). CSB Internet URL: [19]http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98273.pdf ERRATUM - CHADMOORE COMMUNICATIONS, INC/MOBEX COMMUNICATIONS, INC. Corrected footnote 11 of MO&O (FCC 98-300) in this matter, released November 16, 1998. Action
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990505.html
  • ACCEPTED FOR FILING. Released: May 5, 1999. CABLE SERVICES ACTION - PETITIONS SEEKING DECLARATORY RULINGS THAT CERTAIN RESTRICTIONS OF HOMEOWNERS ASSOCIATIONS ARE PREEMPTED BY THE COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE.The Commission has received two Petitions for Declaratory Rulings, both asking the Commission to determine whether covenants restricting installation and placement of television antennas and satellite dishes are preempted by Section 1.4000 of the Commission's rules. One Petition involves the Meadow Community Service Association's covenants (The Meadow, New Market, MD) and the other involvves the Crooked Creek Villages Homeowners' Assocation, Inc's covenants (Crooked Creek, Indianapolis, IN). Comments for both due June 4; replies June 21.. (DA No. 99-839). Contact: Eloise Gore at (202) 418-1066; Roberto Rodas at (202) 418-1024. News Media Contact:
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2005/dd050629.html
  • Re: Applications Accepted for Filing. MB. Contact: (202) 418-7000 [7]DOC-259696A1.pdf [8]DOC-259696A1.txt Released: 06/29/2005. NOTICE OF ACCEPTANCE FOR FILING OF TELEVISION BROADCAST STATION APPLICATION AND NOTICE OF PETITION TO DENY DEADLINE. (DA No. 05-1871) Cut-Off Date: August 1, 2005. MB [9]DA-05-1871A1.doc [10]DA-05-1871A1.pdf [11]DA-05-1871A1.txt Released: 06/29/2005. PETITION FROM THE SHADOW WOOD CONDOMINIUM ASSOCIATION IN SAN JOSE, CALIFORNIA SEEKING A WAIVER OF SECTION 1.4000 OF THE COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULES. (DA No. 05-1845). MB. Contact: Roberto Rodas at (202) 418-1024 [12]DA-05-1845A1.doc [13]DA-05-1845A1.pdf [14]DA-05-1845A1.txt Report No: 46016 Released: 06/29/2005. BROADCAST ACTIONS. MB [15]DOC-259633A2.txt [16]DOC-259633A1.pdf Report No: 26016 Released: 06/29/2005. BROADCAST APPLICATIONS. MB [17]DOC-259632A2.txt [18]DOC-259632A1.pdf Released: 06/29/2005. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILING IN PERMIT-BUT-DISCLOSURE PROCEEDINGS (1 OF 2). OMD. Contact: Helen Abraham
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd060123.html
  • filed by M.J. Phillips Communications, Inc. Reduced forfeiture imposed for excessive power, EAS and antenna registration violations from $10,000 to $7,000 on basis of inability to pay. Action by: Chief, Enforcement Bureau. Adopted: 01/19/2006 by MO&O. (DA No. 06-102). EB [34]DA-06-102A1.doc [35]DA-06-102A1.pdf [36]DA-06-102A1.txt SHADOW WOOD CONDOMINIUM ASSOCIATION. Denied the Petition for Waiver of the Commission's OTARD Rules, 47 C.F.R. Section 1.4000. Action by: Deputy Chief, Media Bureau. Adopted: 01/19/2006 by MO&O. (DA No. 06-100). MB [37]DA-06-100A1.doc [38]DA-06-100A1.pdf [39]DA-06-100A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED JANUARY 20, 2006, DID NOT APPEAR IN DIGEST NO. 13: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 01/20/2006. NEW SKIES SATELLITES HOLDINGS LTD. AND SES GLOBAL S.A. SEEK CONSENT TO TRANSFER CONTROL OF AUTHORIZATIONS HELD BY NEW SKIES
• http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr056.doc http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr056.html http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr056.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit October 12, 2000 In the Matter of Promotion of Competitive Networks in Local Communications Markets, WT Docket No. 99-217; Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, CC Docket No. 96-98; Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to the Telephone Network, CC Docket 88-57. PRESS
• http://www.fcc.gov/mb/engineering/FCC-03-9A1.pdf
  • for reconsideration, responses, and oppositions to petitions for reconsideration are listed in Appendix C. Parties submitting comments, replies, and surreplies to the Report and Order and Second Further Notice and ex parte filings are listed in Appendix D. 8 See also Promotion of Competitive Networks in Local Telecommunications Markets, Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, Review of Sections 68.104 and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to Telephone Networks, First Report and Order and Further Notice of Proposed
• http://www.fcc.gov/ogc/documents/filings/2004/BrandX.pet.app.final.pdf
  • such rules and regulations, and issue such orders, not 313United States v. Southwestern Cable Co., 392 U.S. 157, 178 (1968). See also FCC v. Midwest Video Corp., 440 U.S. 689 (1979); United States v. Midwest Video Corp., 406 U.S. 649 (1972) ("Midwest Video"); Promotion of Competitive Networks in Local Telecommunications Markets, Wireless Commun. Ass'n Int'l, Inc., Petition to Amend Section 1.4000 of the Commission's Rules, First Report and Order and Further Notice of Proposed Rule- making in WT Docket No. 99-217, Fifth Report and Order and Memorandum Opinion and Order in CC Docket No. 96-98, and Fourth Report and Order and Memorandum Opinion and Order in CC Docket No. 88-57 ("Competitive Networks"), 15 FCC Rcd 22983, 23028-29 � 101 and n.261
• http://www.fcc.gov/ogc/documents/opinions/2001/99-1009.html http://www.fcc.gov/ogc/documents/opinions/2001/99-1009.pdf
  • law or regulation, including zoning, land-use or building regulation, or any private covenant, homeowners' association rule or similar restriction on property within the exclusive use or control of the antenna user where the user has a direct or indirect ownership interest in the property, that impairs the installation, maintenance, or use of [a 207 device] ... is prohibited.... 47 C.F.R. 1.4000 (1996). The prohibitions in the first OTARD rule applied only to property in which the "user" of satellite services (i.e., the "viewer" for purposes of 207) had an ownership interest. Despite its stated prohibition of "any" restriction, the rule allowed for several exceptions: Restrictions on 207 devices were permissible if they served a "clearly defined safety objective" and were administered
• http://www.fcc.gov/ownership/materials/already-released/survivor090002.pdf
  • combined with a system's ownership of one or more regional programming networks may create one such opportunity for cable operators to shift (regional) programming to terrestrial distribution to facilitate denial of the programming to competitors. See Program Access Report & Order, FCC 02-176, �� 123-41. 126 The satellite dishes may be of any size in Alaska. 127 47 C.F.R. � 1.4000 128 Restrictions on Over-the-Air Receptions Devices: Television Broadcast, Multichannel Multipoint Distribution and Direct Broadcast Satellite Services, CS Docket No. 96-83, Second Report and Order, 13 FCC Rcd 23874 (1998); Restrictions on Over-the-Air Receptions Devices: Television Broadcast, Multichannel Multipoint Distribution and Direct Broadcast Satellite Services, CS Docket No. 96-83, Order on Reconsideration, 14 FCC 19924 (1999). 61 the satellite, which transmits