*Pages 1--3 from Microsoft Word - 21898.doc* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S. W. WASHINGTON, D. C. 20554 DA 02- 2556 News media information 202/ 418- 0500 Fax- On- Demand 202/ 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov Released: October 8, 2002 MEDIA BUREAU ACTION PETITION SEEKING DECLARATORY RULING THAT THE ZONING BY- LAWS OF NEEDHAM, MASSACHUSETTS ARE PREEMPTED BY THE COMMISSION'S OVER-THE- AIR RECEPTION DEVICES RULE The Commission has received a Petition for Declaratory Ruling from Uniigo Communications, 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 or before November 22, 2002. Please place the case identifier, CSR- 5988- O, on all filings. The Petition is available for public inspection in the Commission’s Reference Information Center: 445 12 th Street, S. W. Washington, D. C. 20554 202- 418- 7092 This document is also available to individuals with disabilities requiring accessible formats (electronic ASCII text, Braille, large print, and audiocassette) by contacting Brian Millin at (202) 418- 7426 (Voice), (202) 418- 7365 (TTY), or by sending an email to bmillin@ fcc. Copies of the Petitions and other pleadings are available for purchase from: QUALEX INTERNATIONAL 1 2 202- 863- 2893 2 3 When filing responses or replies, one copy of each pleading must be served on all parties, and an original and two copies of all pleadings should be addressed to: Office of the Secretary Federal Communications Commission 445 12th Street, S. W. Washington, D. C. 20554 Attn: Media Bureau Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U. S. Postal Service mail (although we continue to experience delays in receiving U. S. Postal Service mail). The Commission's contractor, Vistronix, Inc., will receive hand- delivered or messenger- delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, N. E., Suite 110, Washington, D. C. 20002. The filing hours at this location are 8: 00 a. m. to 7: 00 p. m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U. S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U. S. Postal Service first- class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, SW, Washington, D. C. 20554. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. Media Contact: Michelle Russo, (202) 418- 7200 Media Bureau Contact: Eloise Gore, (202) 418- 7200 -- FCC -- 3