Federal Communications Commission DA 15-219 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Petition of American Hotel & Lodging Association, Marriott International, Inc., and Ryman Hospitality Properties for a Declaratory Ruling to Interpret 47 U.S.C. § 333 or, in the Alternative, for Rulemaking ) ) ) ) ) ) ) RM-11737 ORDER Adopted: February 13, 2015 Released: February 13, 2015 By the Chief, Wireless Telecommunications Bureau: 1. On August 25, 2014, the American Hotel & Lodging Association, Marriott International, Inc., and Ryman Hospitality Properties (Petitioners) filed a petition for a declaratory ruling interpreting 47 U.S.C. § 333 or, in the alternative, for a rulemaking (Petition). 1 The Petition asks the Commission to declare that a network operator may, consistent with Section 333 of the Communications Act of 1934, as amended, “mitigate” threats to the operator’s network, even when doing so results in interference to guests’ WiFi hotspots. 2 In the alternative, the Petition asks the Commission to address these issues in an industry-wide rulemaking proceeding. 3 2. On November 19, 2014, the Consumer and Governmental Affairs Bureau put the Petition on public notice and invited interested persons to file statements opposing or supporting it. 4 A number of entities and individuals filed comments and replies. 5 3. On January 30, 2015, Petitioners filed a letter withdrawing the Petition. 6 By this order, we dismiss the Petition without prejudice. In dismissing the Petition in response to Petitioners’ withdrawal letter, we do not address the substantive matters raised in the letter. 4. Accordingly, IT IS ORDERED that, pursuant to authority delegated by Sections 0.131 and 0.331 of the Commission’s rules, 47 C.F.R. §§ 0.131, 0.331, the Petition is DISMISSED without prejudice. 1 American Hotel & Lodging Association, Marriott International, Inc., and Ryman Hospitality Properties, Petition for Declaratory Ruling or, in the Alternative, for Rulemaking, RM-11737 (filed Aug. 25, 2014). 2 See Petition at 3 (citing 47 U.S.C. § 333). 3 See id. at 1. 4 See Consumer & Governmental Affairs Bureau, Reference Information Center, Petition for Rulemaking Filed, Public Notice (Nov. 19, 2014). 5 See FCC, Electronic Comment Filing System, RM-11737, available at http://apps.fcc.gov/ecfs/comment_search/input. 6 See Letter from Bennett L. Ross, Wiley Rein LLP, to Marlene H. Dortch, Secretary, FCC, RM-11737, filed Jan. 30, 2015. Federal Communications Commission DA 15-219 2 FEDERAL COMMUNICATIONS COMMISSION Roger C. Sherman Chief, Wireless Telecommunications Bureau