*Pages 1--3 from Microsoft Word - 46110.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 05- 384 February 11, 2005 INTERNATIONAL BUREAU SEEKS COMMENT ON PETITION FOR RECONSIDERATION OF THE FOREIGN OWNERSHIP GUIDELINES FOR FCC COMMON CARRIER AND AERONAUTICAL RADIO LICENSES IB Docket No. 05- 55 Comment Date: March 14, 2005 Reply Comment Date: March 29, 2005 On December 17, 2004, Wilkinson Barker Knauer, L. L. P. (“ Wilkinson Barker”) 1 filed a petition seeking reconsideration of the Foreign Ownership Guidelines for FCC Common Carrier and Aeronautical Radio Licenses (the “Foreign Ownership Guidelines”) that were issued by the International Bureau on November 17, 2004. 2 The International Bureau (“ Bureau”) issued the Foreign Ownership Guidelines to assist the public and applicants in understanding and complying with the Commission’s interpretation of Section 310, its rules, and foreign ownership policies as set forth in precedent. 3 In the Foreign Ownership Guidelines, the Bureau, among other things, described the applicability of Sections 310( b)( 3) and 310( b)( 4) of the Communications Act of 1934, as amended, to certain foreign investments. 4 Wilkinson Barker seeks reconsideration of the Bureau’s description of the applicability of Sections 310( b)( 3) and 310( b)( 4) of the Act to certain foreign investments. 5 Specifically, Wilkinson Barker contends that interpreting Section 310( b) in the manner set forth in the Foreign Ownership Guidelines would create a new barrier to foreign entry into the U. S. telecommunications market. 6 Further, Wilkinson Barker contends that the interpretation of Section 310( b)( 3) of the Act, as set forth in the Foreign Ownership Guidelines, is inconsistent with the Act, its legislative history, and current Commission practice and precedent. 7 Accordingly, Wilkinson Barker requests that the Bureau revise the 1 Wilkinson Barker is a law firm that concentrates in telecommunications and provides legal services both to Commission licensees and to foreign entities investing in Commission licensees. Wilkinson Barker Knauer, L. L. C. Petition for Reconsideration of the Foreign Ownership Guidelines for FCC Common Carrier and Aeronautical Radio Licenses at 1 n. 1 (filed December 17, 2004) (“ Petition for Reconsideration”). 2 Foreign Ownership Guidelines for FCC Common Carrier and Aeronautical Radio Licenses¸ 19 FCC Rcd 22612 (Int’l. Bur. 2004). 3 Id. at 22614- 15. 4 See id. at 22617- 20, 22625, 22627- 28, 22631. 5 Petition for Reconsideration. 6 Id. at 4- 6. 7 Id. at 6- 13. 1 3 susan. o’connell@ fcc. gov or (202) 418- 2824 (facsimile), (3) Francis Gutierrez, Policy Division, International Bureau, at francis. gutierrez@ fcc. gov or (202) 418- 6763 (facsimile), and (4) Neil Dellar, Office of General Counsel, at neil. dellar@ fcc. gov or (202) 418- 6966 (facsimile). Copies of the petition and any subsequently- filed comments in this matter may be obtained in person from Best Copy and Printing, Inc., at 445 12th Street, S. W., Room CY- B402, Washington, D. C. 20554, via telephone at (202) 488- 5300, via facsimile at (202) 488- 5563, or via e- mail at fcc@ bcpiweb. com. The petition and any associated documents are also available for public inspection and copying during normal reference room hours at the FCC Reference Information Center, 445 12th Street, S. W., Room CY- A257, Washington, D. C. 20554. They are also available electronically through the Commission’s ECFS, which may be accessed on the Commission’s Internet website at http:// www. fcc. gov/ cgb/ ecfs/. Alternate formats of these documents (computer diskette, large print, audio recording, and Braille) are available to persons with disabilities by contacting Brian Millin at (202) 418- 7426 (voice), (202) 418- 7365 (TTY), or by sending an e- mail to access@ fcc. gov. For further information, please contact Susan O’Connell or Francis Gutierrez, Policy Division, International Bureau at (202) 418- 1460. By the Chief, International Bureau. - FCC - 3