*Pages 1--3 from  Microsoft Word - 30863*
 PUBLIC  NOTICE  FEDERAL  COMMUNICATIONS  COMMISSION  445  TWELFTH  STREET,  S.  W.  WASHINGTON,  D.  C.  20554 
 News  media  information  202/  418-  0500  Fax-  On-  Demand  202/  418-  2830  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov 
 DA  03-  2734  Released:  August  26,  2003 


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


 WT  Docket  No.  02-  100 
 Comment  Date:  September  26,  2003  Reply  Comment  Date:  October  14,  2003 


 On  August  6,  2003,  Anne  Arundel  County,  Maryland  (“  County”)  filed  an  Application  for  Review  (“  Application”)  requesting  that  the  full  Commission  reverse  a  decision  by  the  Wireless 
 Telecommunications  Bureau  (“  Bureau”)  in  a  Memorandum  Opinion  and  Order  (“  Order”),  DA  03-  2196,  released  July  7,  2003,  granting  a  Petition  for  Declaratory  Ruling  filed  by  Cingular 
 Wireless  LLC  finding  that  provisions  of  the  County’s  zoning  ordinance  are  preempted  under  federal  law.  1  The  County  maintains  that  reversal  of  the  Bureau’s  decision  is  required  because 
 the  Order  conflicts  with  a  controlling  statute,  47  U.  S.  C.  §  332(  c)(  7)(  B),  and  applies  a  precedent  or  policy  that  should  be  overturned  or  revised.  The  County  further  states  that,  pending 
 implementation  of  the  Commission’s  800  MHz  proceeding,  2  the  Bureau’s  decision  leaves  public  safety  systems  of  local  governments  such  as  the  County’s  vulnerable  to  and  powerless  to  deal 
 with  potentially  deadly  radio  frequency  interference  from  wireless  systems  of  commercial  mobile  radio  service  providers  operating  in  the  800  MHz  band. 


 Interested  parties  may  file  comments  on  the  County’s  Application  for  Review  on  or  before  September  26,  2003.  Parties  interested  in  submitting  reply  comments  must  do  so  on  or 
 1  See  In  the  Matter  of  Petition  for  Declaratory  Ruling  filed  by  Cingular  Wireless  LLC  that  Provisions  of  the 
 Anne  Arundel  County  Zoning  Ordinance  are  Preempted  as  Impermissible  Regulation  of  Radio  Frequency  Interference  Reserved  Exclusively  to  the  Federal  Communications  Commission,  Memorandum  Opinion  and  Order, 


 2003  WL  2151783  (WTB/  2003).  See  also  Petition  for  Declaratory  Ruling  filed  by  Cingular,  dated  April  23,  2002.  2 
 See  Improving  Public  Safety  Communications  in  the  800  MHz  Band,  Notice  of  Proposed  Rulemaking,  17  FCC  Rcd  4873  (2002). 
1