*Pages 1--2 from Microsoft Word - 11983.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 ____________________________________________________________________________________ News media information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 TTY 202 / 418- 2555 Internet: http:// www. fcc. gov DA 01- 2299 Released October 2, 2001 PARTIES ASKED TO REFRESH RECORD REGARDING RECONSIDERATION OF RULES ADOPTED IN 1996 IN DOCKET Preemption of Local Zoning Regulation of Satellite Earth Stations IB Docket No. 95- 59 Pursuant to the Commission’s rules governing petitions for reconsideration, 1 the Commission invites interested parties to update the record pertaining to petitions for reconsideration filed with respect to the rules adopted by the Commission in the Report and Order in IB Docket No. 95- 59 Preemption of Local Zoning Regulation of Satellite Earth Stations. 2 On August 6, 1996, the Commission released the 1996 Antenna Order and Further Notice of Proposed Rulemaking. In this Report and Order, the Commission, among other things, amended, Section 25.104, 47 C. F. R. § 25.104 by creating a rebuttable presumption that local regulations that impose restrictions affecting the installation, use and maintenance of satellite earth station antennas one meter or less in any area or two meters or less in commercial or industrial areas were unreasonable and would be preempted. Nine petitions for reconsideration of the 1996 Antenna Order were filed. Specifically, the pending petitions request 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 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 and rules they still wish to be reconsidered. To the extent that intervening events have materially altered the circumstances surrounding filed petitions or the relief sought by filing parties, those 1 47 C. F. R. § 1.106. 2 Preemption of Local Zoning Regulation of Satellite Earth Stations, Report and Order and Further Notice of Proposed Rulemaking, IB Docket No. 95- 59, 11 FCC Rcd 5809 (1996) (“ 1996 Antenna Order.”) 1 2 entities may refresh the record with new information or arguments related to their original filings that they believe to be relevant to the issues. The previously filed petitions will be deemed withdrawn and will be dismissed if parties do not indicate in writing an intent to pursue their respective petitions for reconsideration. The refreshed record will enable the Commission to undertake appropriate and expedited reconsideration of its rules. Interested parties may file supplemental comments updating their previously filed petitions for reconsideration no later than 30 days after this Public Notice appears in the Federal Register, with the Secretary, FCC at 445 12 th Street, SW, TW- A325, Washington, DC 20554. Oppositions or responses to these comments may be filed with the Secretary, FCC no later than 45 days after this Public Notice appears in the Federal Register. All pleadings are to reference IB Docket No. 95- 59. Interested parties should file an original and seven copies of all pleadings. An additional copy of all pleadings should also be sent to Selina Khan, International Bureau, FCC, Room 6- B459, 445 12 th Street, SW, Washington, DC 20554. The original petitions for reconsideration that parties filed in 1996 are available for inspection and copying during normal business hours in the FCC's Reference Center, Room CY- A257, 445 12th Street, SW, TW- A325, Washington, DC 20554. Copies also can be obtained from Qualex International at 445 12th Street, SW, Room CY- B402, Washington, DC 20554 or by calling Qualex at (202) 863- 2893 or faxing Qualex at (202) 863- 2898. Comments filed through the ECFS can be sent as an electronic file via the Internet to http:// www. fcc. gov/ e- file/ efcs. html. Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one electronic copy of the comments for each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e- mail. To get filing instructions for e- mail comments, commenters should send an e- mail to efcs@ fcc. gov, and should include the following words in the body of the message, “get form