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
DA 08-1040
May 1, 2008
OPENING OF DOCKET IN RESPONSE TO 
AMERICAN BIRD CONSERVANCY, INC. V. FCC, 516 F.3d 1027 (D.C. CIR. 2008)
WT Docket No. 08-61
By this Public Notice, the Wireless Telecommunications Bureau announces that, effective today, it is 
opening WT Docket No. 08-61 in response to the decision of the Court of Appeals for the District of 
Columbia in American Bird Conservancy, Inc. v. FCC, 516 F.3d 1027 (2008), in which the Court 
affirmed in part and vacated and remanded in part the Commission’s 2006 Memorandum Opinion and 
Order relating to a petition filed by the American Bird Conservancy, the Forest Conservation Council, 
and the Friends of the Earth.1
Presentations made in connection with WT Docket No.08-61 will be subject to the “permit-but-disclose” 
requirements set forth in § 1.1206 of the Commission’s ex parte rules. Specifically, under the 
Commission’s rules, the Commission’s proceeding on remand is subject to treatment by the Commission 
as restricted for ex parte purposes under § 1.1208 of the Commission’s rules, unless otherwise provided.2
Because this proceeding implicates broadly applicable policy issues, we find, pursuant to Note 2 to § 
1.1208 and consistent with § 1.1200(a), that this proceeding should be treated as permit-but-disclose
under the ex parte rules.3  Ex parte presentations in this proceeding will be allowed but must be disclosed 
in accordance with the requirements of § 1.1206(b).4 Commenters seeking to protect the confidentiality 
of information produced shall follow the procedures set forth in § 0.459 of the Commission’s rules.5
Parties making oral ex parte presentations in this proceeding are reminded that memoranda summarizing 
the presentation must contain the presentation’s substance and not merely list the subjects discussed.6  
More than a one-or two-sentence description of the views and arguments presented is generally required.7
  
1 In the Matter of Petition by Forest Conservation Council, American Bird Conservancy and Friends of the Earth for 
National Environmental Policy Act Compliance, Memorandum Opinion and Order, 21 FCC Rcd 4462 (2006).
2 47 C.F.R. § 1.1208.
3 47 C.F.R. § 1.1208 Note 2; see also 47 C.F.R. §§ 1.1200(a), 1.1206.
4 47 C.F.R. § 1.1206(b).
5 47 C.F.R. § 0.459.
6 See “Commission Emphasizes the Public's Responsibilities in Permit-But-Disclose Proceedings,” Public Notice, 15 
FCC Rcd 19945 (2000).  
2
To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, 
audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (tty).
For questions regarding this public notice, please contact Jennifer Flynn, Wireless Telecommunications 
Bureau, at Jennifer.Flynn@fcc.gov or (202) 418-0612.
     
7 See 47 C.F.R. § 1.1206(b)(2).  For further guidance regarding the requirements and content of ex parte 
submissions, see also Fact Sheet, “FCC’s Ex Parte Rules,” July 2001, 
http://www.fcc.gov/ogc/admain/ex_parte_factsheet.html.  Other rules pertaining to oral and written presentations are 
set forth in § 1.1206(b) as well.  Id. § 1.1206(b).