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30848 Federal Register / Vol. 71, No.

104 / Wednesday, May 31, 2006 / Proposed Rules

joint probability of all eight conditions government and the States, or on the the relationship between the Federal
holding simultaneously with respect to distribution of power and Government and Indian tribes, or on the
any particular revocation. (This Agency responsibilities among the various distribution of power and
document is available in the docket of levels of government.’’ This proposed responsibilities between the Federal
this proposed rule). Furthermore, for the rule directly regulates growers, food Government and Indian tribes, as
pesticide named in this proposed rule, processors, food handlers and food specified in Executive Order 13175.
the Agency knows of no extraordinary retailers, not States. This action does not Thus, Executive Order 13175 does not
circumstances that exist as to the alter the relationships or distribution of apply to this proposed rule.
present proposal that would change the power and responsibilities established List of Subjects in 40 CFR Part 180
EPA’s previous analysis. Any comments by Congress in the preemption
about the Agency’s determination provisions of section 408(n)(4) of Environmental protection,
should be submitted to the EPA along FFDCA. For these same reasons, the Administrative practice and procedure,
with comments on the proposal, and Agency has determined that this Agricultural commodities, Pesticides
will be addressed prior to issuing a final proposed rule does not have any ‘‘tribal and pests, Reporting and recordkeeping
rule. In addition, the Agency has implications’’ as described in Executive requirements.
determined that this action will not Order 13175, entitled Consultation and Dated: May 19, 2006.
have a substantial direct effect on States, Coordination with Indian Tribal James Jones,
on the relationship between the national Governments (65 FR 67249, November Director, Office of Pesticide Programs.
government and the States, or on the 6, 2000). Executive Order 13175, Therefore, it is proposed that 40 CFR
distribution of power and requires EPA to develop an accountable part 180 be amended asfollows:
responsibilities among the various process to ensure ‘‘meaningful and
levels of government, as specified in timely input by tribal officials in the PART 180—AMENDED
Executive Order 13132, entitled development of regulatory policies that
Federalism (64 FR 43255, August 10, have tribal implications.’’ ‘‘Policies that 1. The authority citation for part 180
1999). Executive Order 13132 requires have tribal implications’’ is defined in continues to read as follows:
EPA to develop an accountable process the Executive order to include Authority: 21 U.S.C. 321(q), 346a and 371.
to ensure ‘‘meaningful and timely input regulations that have ‘‘substantial direct
by State and local officials in the effects on one or more Indian tribes, on § 180.199 [Removed]
development of regulatory policies that the relationship between the Federal 2. Section 180.199 is removed.
have federalism implications.’’ ‘‘Policies Government and the Indian tribes, or on 3. Section 180.2020 is amended by
that have federalism implications’’ is the distribution of power and adding alphabetically the following
defined in the Executive order to responsibilities between the Federal entry to the table to read as follows.
include regulations that have Government and Indian tribes.’’ This
‘‘substantial direct effects on the States, proposed rule will not have substantial § 180.2020 Non-food determinations.
on the relationship between the national direct effects on tribal governments, on * * * * *

Pesticide Chemical Chemical CAS Reg. No. Limits Uses

Methyl Bromide 74–83–9 When applied as a pre- All pre-plant soil uses
plant soil fumigant
* * * * * * *

[FR Doc. E6–8398 Filed 5–30–06; 8:45 am] hearing person may call a VRS user • People with Disabilities: Contact
BILLING CODE 6560–50–S through any VRS provider without the FCC to request reasonable
having to ascertain the first VRS user’s accommodations (accessible format
current Internet-Protocol (IP) address. documents, sign language interpreters,
FEDERAL COMMUNICATIONS DATES: Comments are due on or before CART, etc.) by e-mail: FCC504@fcc.gov
COMMISSION July 17, 2006. Reply comments are due or phone (202) 418–0539 or TTY: (202)
on or before July 31, 2006. Written 418–0432.
47 CFR Part 64 comments on the Paperwork Reduction For detailed instructions for
Act (PRA) proposed information submitting comments and additional
[CG Docket No. 03–123; FCC 06–57] collection requirements must be information on the rulemaking process,
submitted by the general public, Office see the SUPPLEMENTARY INFORMATION
Telecommunications Relay Services
of Management and Budget (OMB), and section of this document. In addition, a
and Speech-to-Speech Services for
other interested parties on or before July copy of any comments on the PRA
Individuals With Hearing and Speech
31, 2006. information collection requirements
Disabilities; Video Relay Service
ADDRESSES: You may submit comments, contained herein should be submitted to
Interoperability
identified by [CG Docket number 03– Leslie Smith, Federal Communications
AGENCY: Federal Communications 123 and/or FCC Number 06–57], by any Commission, Room 1–A804, 445 12th
Commission. of the following methods: Street, SW., Washington, DC 20554, or
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ACTION: Proposed rule. • Federal eRulemaking Portal:http:// via the Internet to Leslie.Smith@fcc.gov,
www.regulations.gov. Follow the and to Kristy L. LaLonde, OMB Desk
SUMMARY: In this document, the instructions for submitting comments. Officer, Room 10234 NEOB, 725 17th
Commission seeks comment on whether • Federal Communications Street, NW., Washington, DC 20503, or
and how an open global database of Commission’s Web Site: http:// via the Internet to
proxy numbers of Video Relay Service www.fcc.gov/cgb/ecfs/. Follow the Kristy_L._LaLonde@omb.eop.gov, or via
(VRS) users may be created so that a instructions for submitting comments. fax at (202) 395–5167.

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Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Proposed Rules 30849

FOR FURTHER INFORMATION CONTACT: e-mail to ecfs@fcc.gov, and include the Initial Paperwork Reduction Act of
Thomas Chandler, Consumer & following words in the body of the 1995 Analysis
Governmental Affairs Bureau, Disability message, ‘‘get form <your e-mail The FNPRM contains proposed
Rights Office at (202) 418–1475 (voice), address>.’’ A sample form and information collection requirements.
(202) 418–0597 (TTY), or e-mail at directions will be sent in response. The Commission, as part of its
Thomas.Chandler@fcc.gov. For • Paper Filers: Parties who choose to continuing effort to reduce paperwork
additional information concerning the file by paper must file an original and burdens, invites the general public and
Paperwork Reduction Act information four copies of each filing. If more than the Office of Management and Budget
collection requirements contained in one docket or rulemaking number (OMB) to comment on the information
this document, contact Leslie Smith at appears in the caption in this collection requirements contained in
(202) 418–0217, or via the Internet at proceeding, filers must submit two this document, as required by the PRA
Leslie.Smith@fcc.gov. additional copies of each additional of 1995, Public Law 104–13. Public and
docket or rulemaking number. agency comment are due July 31, 2006.
SUPPLEMENTARY INFORMATION: The Filings can be sent by hand or
Further Notice of Proposed Rulemaking Comments should address: (a) Whether
messenger delivery, by commercial
(FNPRM), Telecommunications Relay the proposed collection of information
overnight courier, or by first-class or
Services and Speech-to-Speech Services is necessary for the proper performance
overnight U.S. Postal Service mail
for Individuals with Hearing and Speech of the functions of the Commission,
(although the Commission continues to
Disabilities; CG Docket No. 03–123, FCC experience delays in receiving U.S. including whether the information shall
06–57, contains proposed information Postal Service mail). All filings must be have practical utility; (b) the accuracy of
collection requirements subject to the addressed to the Commission’s the Commission’s burden estimates; (c)
PRA of 1995, Public Law 104–13. It will Secretary, Office of the Secretary, ways to enhance the quality, utility, and
be submitted to the Office of Federal Communications Commission. clarity of the information collected; and
Management and Budget (OMB) for • The Commission’s contractor will (d) ways to minimize the burden of the
review under section 3507 of the PRA. receive hand-delivered or messenger- collection of information on the
OMB, the general public, and other delivered paper filings for the respondents, including the use of
Federal agencies are invited to comment Commission’s Secretary at 236 automated collection techniques or
on the proposed information collection Massachusetts Avenue, NE., Suite 110, other forms of information technology.
requirements contained in this Washington, DC 20002. The filing hours In addition, pursuant to the Small
document. This is a summary of the at this location are 8 a.m. to 7 p.m. All Business Paperwork Relief Act of 2002,
Commission’s FNPRM, FCC 06–57, hand deliveries must be held together Public Law 107–198, see 44 U.S.C.
adopted May 3, 2006, and released May with rubber bands or fasteners. Any 3506(c)(4), the Commission seeks
9, 2005, in CG Docket No. 03–123. envelopes must be disposed of before specific comment on how it may
Pursuant to §§ 1.415 and 1.419 of the entering the building. ‘‘further reduce the information
Commission’s rules, 47 CFR 1.415 and • Commercial mail sent by overnight collection burden for small business
1.419, interested parties may file mail (other than U.S. Postal Service concerns with fewer than 25
comments and reply comments on or Express Mail and Priority Mail) must be employees.’’
before the dates indicated on the first sent to 9300 East Hampton Drive, OMB Control Number: 3060–XXXX.
page of this document. Comments may Capitol Heights, MD 20743. Title: Telecommunications Relay
be filed using: (1) The Commission’s • U.S. Postal Service first-class, Services and Speech-to-Speech Services
Electronic Comment Filing System Express, and Priority mail should be for Individuals with Hearing and
(ECFS), (2) the Federal Government’s addressed to 445 12th Street, SW., Speech Disabilities; Video Relay Service
eRulemaking Portal, or (3) by filing Washington, DC 20554. (VRS) Interoperability, Further Notice of
paper copies. See Electronic Filing of Pursuant to § 1.1200 of the Proposed Rulemaking, CG Docket No.
Documents in Rulemaking Proceedings, Commission’s rules, 47 CFR 1.1200, this 03–123.
63 FR 24121, May 1, 1998. matter shall be treated as a ‘‘permit-but- Form No.: N/A.
• Electronic Filers: Comments may be disclose’’ proceeding in accordance Type of Review: New collection.
filed electronically using the Internet by with the Commission’s ex parte rules. Number of Respondents: 8.
Number of Responses: 3,000,000.
accessing the ECFS: http://www.fcc.gov/ Persons making oral ex parte Respondents: Business and other for-
cgb/ecfs/ or the Federal eRulemaking presentations are reminded that profit entities; State, Local or Tribal
Portal: http://www.regulations.gov. memoranda summarizing the Government.
Filers should follow the instructions presentations must contain summaries Estimated Time per Response: 40 to
provided on the Web site for submitting of the substance of the presentation and 1,000 hours.
comments. not merely a listing of the subjects Frequency of Response: Annual and
• For ECFS filers, if multiple docket discussed. More than a one or two one-time reporting requirement;
or rulemaking numbers appear in the sentence description of the views and recordkeeping; third party disclosure.
caption of this proceeding, filers must arguments presented is generally Total Annual Burden: 11,840 hours.
transmit one electronic copy of the required. Other requirements pertaining Total Annual Costs: $0.
comments for each docket or to oral and written presentations are set Privacy Act Impact Assessment: No
rulemaking number referenced in the forth in § 1.1206(b) of the Commission’s impact(s).
caption. In completing the transmittal rules. Needs and Uses: On May 9, 2006, the
screen, filers should include their full People with Disabilities: To request Commission released a Declaratory
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name, U.S. Postal Service mailing materials in accessible formats for Ruling and Notice of Proposed
address, and the applicable docket or people with disabilities (Braille, large Rulemaking (FNPRM), In the Matter of
rulemaking number, which in this print, electronic files, audio format), Telecommunications Relay Services and
instance is CG Docket No. 03–123. send an e-mail to fcc504@fcc.gov or call Speech-to-Speech Services for
Parties may also submit an electronic the Consumer & Governmental Affairs individuals with Hearing and Speech
comment by Internet e-mail. To get Bureau at (202) 418–0530 (voice), (202) Disabilities, CG Docket No. 03–123, FCC
filing instructions, filers should send an 418–0432 (TTY). 06–57. In this FNPRM:

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30850 Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Proposed Rules

The Commission seeks comment on all VRS users can receive incoming telephone system through a broadband
the feasibility of establishing a single, calls. Internet video connection between the
open, and global database of proxy VRS user and the communications
Synopsis
numbers for VRS users that would be assistant (CA). A VRS user may initiate
available to all service providers, so that California Coalition of Agencies a VRS call either via a VRS provider’s
a hearing person can call a VRS user Serving the Deaf and Hard of Hearing is Web site or directly through VRS
through any VRS provider, and without a coalition of eight community-based equipment connected to the Internet.
having first to ascertain the VRS user’s nonprofit agencies providing various With VRS, the dial tone equivalent is
current IP address. social services to deaf and hard-of- when the VRS user establishes a video
The Commission also seeks comment hearing consumers in California, connection with the CA, who then
on nature of the proxy numbers that (CCASDHH or Petitioner) filed a places an outbound telephone call to a
might be used and how they might be Petition for Declaratory Ruling that hearing person. During the call, the CA
administered. raises the issue of VRS providers using communicates in ASL with the VRS
The Commission seeks comment on a proprietary database of ‘‘proxy’’ or user and by voice with the hearing
the role of the Commission in creating ‘‘alias’’ numbers that allow their person. The conversation between the
and maintaining the database. customers to use their existing two end users flows in near real time
In this FNPRM, the Commission telephone number (or some other and in a faster manner than with a TTY
recognizes: (a) That when a hearing number) as a proxy for their Internet or a text-based TRS call. VRS, therefore,
person contact a VRS user by calling a Protocol (IP) address. California provides a degree of ‘‘functional
VRS provider, the calling party has to Coalition of Agencies Serving the Deaf equivalency’’ that is not attainable with
know in advance the IP address of the and Hard of Hearing (CCASDHH or text-based TRS by allowing those
VRS user so that the calling party can Petitioner), Petition for Declaratory persons whose primary language is ASL
give that address to the VRS CA; (b) that Ruling on Interoperability, CC Docket to communicate in sign language, just as
because most consumers’ IP addresses No. 98–67, CG Docket No. 03–123, filed a hearing person communicates in, e.g.,
are dynamic, the VRS consumer may February 15, 2005. This arrangement spoken English.
not know the IP address of his or her permits a VRS provider to determine A hearing person may also initiate a
VRS equipment at a particular time; (c) automatically the IP address of a VRS VRS call by calling a VRS provider
that some VRS providers have created user when a hearing person initiates a through a toll-free telephone number.
their own database of ‘‘proxy’’ or ‘‘alias’’ VRS call. These databases, however, are However, unlike the voice telephone
numbers that associate with the IP generally used only for calls made via network, VRS equipment is not linked
address of their customers, even if a one provider’s service and using that to a uniform numbering system that
particular person’s IP address is provider’s equipment. The FNPRM correlates to a VRS user’s IP address.
dynamic and changes; (d) that databases seeks comment on whether and how an Most VRS users have ‘‘dynamic’’ IP
are maintained by the service provider open and global database of proxy addresses, which are temporary
and, generally, are not shared with other number for VRS users may be created so addresses assigned to the user by an
service providers; and (e) that a person that a hearing person may call a VRS Internet service provider, and change
desiring to call a VRS consumer via the user through any VRS provider without periodically. This makes it difficult for
consumer’s proxy number can only use having to ascertain first the VRS user’s a hearing person to know in advance the
the services of the VRS provider that current IP address. The Commission IP address of the VRS user he or she
generates the number. also seeks comment in the FNPRM on desires to call. If the calling party is not
The FNPRM contains the following whether it should adopt specific calling a VRS user through a VRS
information collection requirements Internet protocols or standards to ensure provider that maintains a database of its
involving an open, global database of that all VRS providers can receive calls customers’ IP addresses, the calling
VRS proxy numbers. from, and make calls to, any VRS party must determine in advance the
The FNPRM seeks comment on: (1) consumer, and all VRS consumers can VRS user’s correct IP address and give
Whether VRS providers should be make calls through any VRS provider. that address to the VRS provider.
required to provide information to
populate an open, global database of Traditional TRS and VRS The Petition
VRS proxy numbers and to keep the When Congress enacted section 225 of Petitioner addresses Sorenson’s
information current; (2) whether the the Communications Act, and the practice of using a database of ‘‘proxy’’
Interstate TRS Fund administrator, a Commission implemented the TRS, numbers that allows its customers to use
separate entity, or a consortium of relay calls were placed using a text their existing telephone number (or
service providers should be responsible telephone device (TTY) connected to some other number) as a proxy for their
for the maintenance and operation of an the Public Switched Telephone Network IP address. Petition at 3–4, notes 3, 5–
open, global database of VRS proxy (PSTN). In such a ‘‘traditional’’ TRS 6. This arrangement permits a hearing
numbers; (3) whether Deaf and hard of call, a person with a hearing (or speech) person to call a VRS user through
hearing individuals using video disability dials a telephone number for Sorenson without having to know the
broadband communication need a TRS facility using a TTY. In this VRS user’s IP address. Petitioner asserts
uniform and static end-point numbers context, the first step for the TRS user, that this ‘‘restricted database’’ precludes
should be linked to the North American the completion of the outbound call to a hearing person from making a VRS
Numbering Plan (NANP) that which the TRS facility, is functionally call through another provider’s service
would remain consistent across all VRS equivalent to receiving a ‘‘dial tone.’’ using the VRS user’s proxy number.
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providers so that they can contact one Both persons with hearing and speech Petition at 6. Petitioner notes thats
another and be contacted to the same disabilities and voice telephone users although a hearing person may still be
extent that Public Switched Telephone can initiate a traditional TRS call by able to call a VRS user by providing the
Network (PSTN) and VoIP users are able dialing 711 to reach a TRS provider. VRS provider with the VRS user’s IP
to identify and call one another; (4) See, e.g., 47 CFR 64.601(1). address, most VRS users have dynamic
whether participation by service VRS allows persons using American IP addresses so that they likely do not
providers should be mandatory so that Sign Language (ASL) to access the know their IP address to give to the

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Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Proposed Rules 30851

calling party. Petition at 6. The Petition provider, and without having first to technical issues they believe are
asserts that acquiring a static (i.e., ascertain the VRS user’s current IP relevant to this issue.
permanent) IP address is costly and that address; and (2) whether the The Commission also seeks comment
consumers generally do not have such Commission should adopt specific on nature of the proxy numbers that
IP addresses. Petition at 3, notes 3, 6. Internet protocols or standards to ensure might be used and how they might be
that all VRS providers can receive calls administered. As the Commission has
The Comments noted, some VRS databases associate
from, and make calls to, any VRS
Commenters addressed the use of consumer, and all VRS consumers can users with ten-digit telephone numbers.
proxy numbers for the IP addresses of make calls through any VRS provider. Others allow the user to create their
VRS users. CSD notes, for example, that Proxy Numbers for VRS Users. As own unique identification.
presently ‘‘there is no uniform means of noted above, a hearing person may Communication Service for the Deaf
identifying and accessing VRS users that contact a VRS user by calling a VRS (CSD) states that ‘‘in order for VRS to be
offers the ease of the North American provider’s toll free number. The VRS functionally equivalent to voice
Numbering Plan (NANP) enjoyed by CA, however, will be able to establish telephone services, deaf and hard of
voice users.’’ Instead, CSD asserts, each the video-to-video link with the VRS hearing individuals using video
VRS provider has its own system for user only if the CA knows the IP address broadband communication need
enabling hearing persons to make a of the VRS user’s equipment. Often, that uniform and static end-point numbers
relay call to a VRS user. CSD maintains requires that the calling party know in linked to the North American
that this results in serious confusion for advance the IP address of the VRS user Numbering Plan (NANP) that will
hearing individuals who want to make so that the calling party can give that remain consistent across all VRS
a VRS call and requires them to have address to the VRS CA. Because most providers so that they can contact one
‘‘the specific provider information and consumers’ IP addresses are dynamic, another and be contacted to the same
extension of the individual they are extent that Public Switched Telephone
the VRS consumer may not know the IP
trying to reach.’’ CSD states that a Network (PSTN) and VoIP users are able
address of his or her VRS equipment at
‘‘seamless numbering scheme’’ is to identify and call one another.’’ CSD
a particular time.
needed that will allow all VRS users— Ex Parte (October 20, 2005) at 3.
deaf and hearing—to contact each other Some providers have created their
Accordingly, CSD urges that this matter
with the same ease that other telephone own database of ‘‘proxy’’ or ‘‘alias’’
be referred to the North American
users do so. Finally, CSD notes that numbers that associate with the IP
Numbering Council (NANC). The
such a numbering scheme would addresses of their customers, even if a
Commission seeks comment on this
facilitate the handling of emergency particular person’s IP address is
approach.
calls. dynamic and changes. These numbers The Commission further seeks
Sorenson responds that, because VRS often resemble telephone numbers, comment on the maintenance and
equipment is generally connected to the which makes it easier for VRS users to operation of such a database.
Internet through a dynamic IP address, give their ‘‘number’’ to hearing persons Commenters should address whether
it developed a means by which callers who may wish call them via VRS. These this type of database should be the
can reach a device identified by an IP databases, however, are maintained by responsibility of the Fund
address. Sorenson assigns a unique the service provider and, generally, are administrator, a separate entity, or a
number to each videophone (usually the not shared with other service providers. consortium of service providers.
consumer’s telephone number), and the Therefore, a person desiring to call a Commenters that urge creation of an
VP–100 and Sorenson’s servers ‘‘work VRS consumer via the consumer’s proxy oversight committee should specify the
together to match the unique identifier number can only use the services of the scope and composition of the
with the user’s dynamic IP address.’’ As VRS provider that generates the number. committee.
a result, Sorenson creates a directory See, e.g., Sorenson Ex Parte (January 6, Finally, the Commission seeks
‘‘that matches pseudo phone numbers 2006) at 16. comment on the role of the Commission
(which remain constant) with dynamic In the FNPRM, the Commission seeks in creating and maintaining the
IP addresses,’’ so that a hearing person comment on the feasibility of database. Commenters should address
seeking to call a Sorenson VRS user can establishing a single, open, and global what specific rule changes would be
do so by calling a Sorenson and database of proxy numbers for VRS necessary to establish the database.
providing the CA with the VRS user’s users that would be available to all Commenters should also address
‘‘phone number.’’ Sorenson states that service providers, so that a hearing whether participation by service
this ‘‘proprietary videophone number person can call a VRS user through any providers should be mandatory so that
dialing feature is part of Sorenson’s VRS provider, and without having first all VRS users can receive incoming
integrated VRS solution and is not to ascertain the VRS user’s current IP calls. Finally, the Commission seeks
available independently of the VP–100.’’ address. In assessing the feasibility of comment on what ongoing Commission
Sorenson claims that ‘‘users find this this proposal, commenters should oversight or regulation, if any, would be
feature very helpful because the address both technical and the necessary.
videophone number does not change economic issues. Technical issues Adoption of Specific VRS Internet
and there is no need to acquire a static include the need for standard protocols Protocols or Standards. Videophones
(fixed) IP address or domain name.’’ so that the database system can work and other devices that send video via
with all VRS equipment and services. the Internet to make VRS calls operate
The FNPRM The Commission also seeks comment on via specific call signaling protocols or
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In this FNPRM, the Commission whether there are aspects of proxy standards that connect the two
addresses two issues: (1) The feasibility numbers that are dependent on endpoints to the call. Internet telephony
of establishing a single global database functionalities outside of a database, requires standards or protocols so that
of proxy numbers for VRS users that such as functionalities in the user’s the end-user devices can communicate
would be available to all service equipment. If so, parties should address with each other. H.323 is one standard
providers, so that a hearing person can whether standardization is required. for transmitting real-time voice and
call a VRS user through any VRS Commenters should address any other video over packet-based networks.

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30852 Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Proposed Rules

Another newer standard is SIP (Session 4661, paragraph 20. The rule states that and providers can communicate with
Initiation Protocol). In declining to ‘‘TRS shall be capable of each other. With the increasing use of
mandate the provision of VRS in the communicating with ASCII and Baudot VRS and changes in technology, we now
Improved TRS Order, the Commission format, at any speed generally in use.’’ seek comment on whether we should
stated because VRS was in its early 47 CFR 64.604(b)(1). adopt specific protocols for VRS calls
stages of technological development the Subsequently, the Commission noted and if so, what protocol or protocols
Commission would ‘‘permit market that new TTY transmission protocols should be adopted.
forces, not the Commission, to had evolved since the initial TRS As the provision of VRS has
determine the technology and regulations were adopted, and therefore developed, nearly all VRS equipment
equipment best suited for the provision sought comment on whether these (the VP–100, the D-Link, and webcams)
of [VRS], and allow[] for the enhanced protocols, such as the V.18 uses the H.323 protocol, and all present
development of new and improved protocol, should be required to be used providers use this protocol. As a result,
technology.’’ Telecommunications Relay by TRS providers. Improved TRS Order, this equipment is inherently
Services and Speech-to-Speech Services 15 FCC Rcd 5197–5199, paragraphs interoperable with any of the VRS
for Individuals with Hearing and Speech 139–146. The Commission also noted providers’ service, and vice versa. Some
Disabilities, CC Docket No. 98–67, that Baudot was still the dominant newer videophone equipment, however,
Report and Order and Further Notice of protocol. In the June 2003 Second uses other protocols, such as SIP. A SIP
Proposed Rulemaking, (Improved TRS Report and Order, the Commission device cannot, without translation,
Order), 15 FCC Rcd 5153, paragraph 23; stated that it did not receive adequate communicate with an H.323 device.
published at 65 FR 38432 (June 21, comments on this issue and sought Without a translation mechanism, if a
2000) and 65 FR 38490 (June 21, 2000). further comment on ‘‘the extent to VRS consumer has a SIP-based
which innovative non-proprietary videophone the consumer will only be
With traditional TRS, the Commission
protocols for TTY products are currently able to use the relay services of a
initially proposed requiring TTYs to be
being used, and any advantages or provider that can handle SIP-based
capable of communicating in either
disadvantages such protocols may calls. Similarly, if a provider can only
ASCII or Baudot formats.
present to TRS providers.’’ accept SIP-based calls, a consumer with
Telecommunications Services for
Telecommunications Relay Services and an H.323-based videophone will not be
Hearing-Impaired and Speech-Impaired
Speech-to-Speech Services for able to use that provider’s service, nor
Individuals, and the Americans with Individuals with Hearing and Speech will a hearing person attempting to call
Disabilities Act of 1990, CC Docket No. Disabilities, CC Docket No. 98–67 and a VRS user with an H.323-based
90–571, Notice of Proposed Rulemaking, CG Docket No. 03–123, Second Report videophone. As a result, it is clear that
5 FCC Rcd 7187, 7188–7189, paragraph and Order, Order on Reconsideration, the development and use of
12 (November 16, 1990); published at 55 and Notice of Proposed Rulemaking videophones that use new Internet
FR 50037 (December 4, 1990) (noting (Second Improved TRS Order), 18 FCC protocols that are incompatible with
that although ASCII offers a higher data Rcd 12440–12441, paragraph 127; existing videophone protocols creates a
transfer rate, not all TTY users have published at 68 FR 50093 (August 25, barrier to realizing the goal of ensuring
compatible equipment and rely instead 2003) and 68 FR 50973 (August 25, that all VRS providers can receive calls
‘‘on Baudot code equipment’’). Baudot 2003). In the 2004 TRS Report and from, and make calls to, any VRS
code was developed in the late 1800’s Order, the Commission concluded that consumer, and ensuring that all VRS
and is a 5 bit coding scheme limited to the record did not reflect that there were consumers can make calls through any
32 characters. ASCII was developed in any new non-proprietary TTY protocols VRS provider.
the 1960’s and is a 7 bit coding scheme available on the market. The Commission therefore seeks
specifically intended for data Telecommunications Relay Services and comment on whether, following the
processing. See generally R. Horak, Speech-to-Speech Services for model of traditional TRS, it should
Communications Systems and Networks Individuals with Hearing and Speech mandate specific Internet protocols that
at 196–198 (3rd edition 2002). In Disabilities, CC Docket Nos. 90–571 and VRS providers must use to receive and
adopting the TRS regulations, the 98–67, CG Docket No. 03–123 Report place VRS calls. The Commission notes
Commission noted that both codes were and Order, Order on Reconsideration, that it does not regulate TRS equipment,
being used by TTY users and existing and Further Notice of Proposed but only providers to the extent they
TRS providers, although ASCII was the Rulemaking (2004 TRS Report and seek compensation from the Fund. If so,
superior technology and had the Order), 19 FCC Rcd 12512, paragraph the Commission seeks comment on
advantage of being able to be used by 88; published at 65 FR 53346 what standard or standards we should
personal computers. (September 1, 2004) and 65 FR 53382 mandate, and an appropriate transition
Telecommunications Relay Services and (September 1, 2004). The Commission period for the adoption of these
Speech-to-Speech Services for therefore declined to mandate the use of standards. The Commission also seeks
Individuals with Hearing and Speech additional TTY protocols. At the same comment on what costs may be
Disabilities, CC Docket No. 90–571, time, it recognized that it is desirable to involved if it requires all providers to be
Report and Order and Request for make TRS ‘‘universal for all types of able to receive and make calls through
Comments, (TRS I), 6 FCC Rcd 4661, callers by ensuring its compatibility specific multiple protocols, and whether
paragraph 20; published at 56 FR 36729 with various TTY protocols’’ and stated such costs should be compensable by
(August 1, 1991). The Commission that it would continue to monitor this the Fund. The Commission further seeks
concluded that it would not adopt a issue. 2004 TRS Report and Order, 19 comment on whether it should invite
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phase-out period for Baudot because FCC Rcd 12512, paragraph 89 (internal the providers, consumer groups, and
many persons who rely on TRS have quotation marks omitted). other interested parties to work together
access only to Baudot terminals. Presently, unlike with traditional TRS to jointly propose standards to the
Therefore, the Commission adopted the calls made using TTYs and the PSTN, Commission and if so, on the
proposed rule requiring TRS to be the Commission has not mandated the appropriate timing of such an endeavor.
capable of communicating in both ASCII use of particular protocols by VRS The Commission also seeks comment
and Baudot formats. TRS I, 6 FCC Rcd providers to ensure that all consumers on whether it can ensure

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Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Proposed Rules 30853

interoperability in some way other than calls are presently made to the PSTN the providers, consumer groups, and
mandating protocols, and on any other number of TTY users. The Commission other interested parties to work together
issues relating to ensuring that VRS asks if there are aspects of proxy to jointly propose standards to the
consumers can use VRS equipment to numbers that are dependent on Commission and if so, on the
call any of the VRS providers, and the functionalities outside of a database, appropriate timing of such an endeavor.
VRS providers can make calls to all VRS such as functionalities in the user’s The Commission also seeks comment
consumers. equipment and, if so, the Commission on whether it can ensure
further asks whether standardization interoperability in some way other than
Initial Regulatory Flexibility Analysis mandating protocols, and on any other
should be required. The Commission
As required by the Regulatory also seeks comment on any other issues relating to ensuring that VRS
Flexibility Act of 1980, as amended technological considerations that may consumers can use VRS equipment to
(RFA), the Commission has prepared be relevant to this issue. call any of the VRS providers, and the
this present Initial Regulatory In addition, the Commission seeks VRS providers can make calls to all VRS
Flexibility Analysis (IRFA) of the comment on the nature of the proxy consumers.
possible significant economic impact on numbers that might be used and how
a substantial number of small entities by Legal Basis
they might be administered. The
the policies and rules proposed in this Commission also asks whether this The authority for the actions proposed
FNPRM. See 5 U.S.C. 603. The RFA, see matter should be referred to North in this FNPRM may be found in sections
5 U.S.C. 601–612, has been amended by American Numbering Council (NANC). 1, 4(i) and (j), 201–205, 218 and 225 of
the Small Business Regulatory See 5 U.S.C. 603(a). the Communications Act of 1934, as
Enforcement Fairness Act of 1996 The Commission seeks comment on amended, 47 U.S.C. 151, 154(i) and (j),
(SBREFA), Public Law 104–121, 110 the maintenance and operation of such 201–205, 218 and 225, and sections
Statute 857 (1996). Written public a database. The Commission specifically 64.601–64.608 of the Commission’s
comments are requested on this IRFA. seeks comment on whether the regulations, 47 CFR 64.601–64.608.
Comments must be identified as maintenance and operation of such a Description and Estimate of the Number
responses to the IRFA and must be filed proposed database be the responsibility of Small Entities To Which the Proposed
by the deadlines for comments on the of the Fund administrator, a separate Rules Will Apply
FNPRM provided in paragraph 57 of the entity, or a consortium of service
FNPRM. The Commission will send a providers. The Commission invites The RFA directs agencies to provide
copy of the FNPRM, including this further comment on the role of the a description of, and where feasible, an
IRFA, to the Chief Counsel for Advocacy Commission in creating and estimate of the number of small entities
of the Small Business Administration maintaining the database, including that may be affected by the proposed
(SBA). See 5 U.S.C. 603(a). whether participation by service rules, if adopted. 5 U.S.C. 603(b)(3). The
providers should be mandatory so that RFA generally defines the term ‘‘small
Need for, and Objectives of, the entity’’ as having the same meaning as
all VRS users can receive incoming
Proposed Rules the terms ‘‘small business,’’ ‘‘small
calls. Finally, the Commission asks
Currently, it is difficult for a voice what ongoing Commission oversight or organization,’’ and ‘‘small governmental
telephone user to call a VRS user regulation, if any, would be necessary. jurisdiction.’’ 5 U.S.C. 601(6). In
because either the voice telephone user The Commission notes that the addition, the term ‘‘small business’’ has
or the CA must know the IP address of development and use of videophones the same meaning as the term ‘‘small
the VRS user, and most VRS consumer’s that use new Internet protocols are business concern’’ under the Small
IP addresses are dynamic and therefore incompatible with existing videophone Business Act. 5 U.S.C. 601(3)
continually change. Some VRS have protocols, which creates a barrier to (incorporating by reference the
developed a solution to this problem by realizing the goal of ensuring that all definition of ‘‘small business concern’’
creating their own database of unique VRS providers can receive calls from, in the Small Business Act, 15 U.S.C.
‘‘proxy’’ number for their customers, and make calls to, any VRS consumer, 632). Pursuant to the 5 U.S.C. 601(3),
which generally resemble telephone and ensuring that all VRS consumers the statutory definition of a small
numbers. The provider has a method of can make calls through any VRS business applies ‘‘unless an agency,
ensuring that the proxy number will provider. after consultation with the Office of
always correlate with the VRS user’s IP The Commission therefore invites Advocacy of the Small Business
address, even when the IP address comment on whether it should mandate Administration and after opportunity
changes. The record reflects, however, specific Internet protocols that VRS for public comment, establishes one or
that these proxy numbers can be used providers must use to receive and place more definitions of such term which are
only if the voice telephone user is using VRS calls. The Commission notes that it appropriate to the activities of the
the VRS provider that assigned the does not regulate TRS equipment, but agency and publishes such definition(s)
consumer the proxy number. only providers to the extent they seek in the Federal Register.’’ A small
The FNPRM therefore seeks comment compensation from the Fund. If so, the business concern is one which: (1) Is
on the feasibility of establishing and Commission seeks comment on what independently owned and operated; (2)
maintaining an open and a single, open, standard or standards it should is not dominant in its field of operation;
and global database of proxy numbers mandate, and an appropriate transition and (3) satisfies any additional criteria
for VRS users so that a hearing person period for the adoption of these established by the SBA. 15 U.S.C. 632.
may call a VRS user through any VRS standards. The Commission seeks As noted above, the FNPRM seeks
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provider and without having to comment on what costs may be comment on establishing a global
ascertain first the VRS user’s current IP involved if it requires all providers to be database of proxy IP addresses for VRS
address. This would permit VRS users able to receive and make calls through users that would be available to all VRS
to have one number for their VRS specific multiple protocols, and whether providers. As a result, the Commission
equipment that voice telephone users such costs should be compensable by believes that the entities that may be
could ‘‘call’’ through any VRS provider, the Fund. The Commission further seeks affected by the proposed rules are only
similar to the way that traditional TRS comment on whether it should invite VRS providers. Neither the Commission

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30854 Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Proposed Rules

nor the SBA has developed a definition the VRS consumer may not know the IP providers so that they can contact one
of ‘‘small entity’’ specifically directed address of his or her VRS equipment at another and be contacted to the same
toward VRS providers. The closest a particular time. Some providers have extent that Public Switched Telephone
applicable size standard under the SBA created their own database of ‘‘proxy’’ Network (PSTN) and VoIP users are able
rules is for Wired Telecommunications or ‘‘alias’’ numbers that associate with to identify and call one another.’’ CSD
Carriers, for which the small business the IP addresses of their customers, even Ex Parte (October 20, 2005) at 3.
size standard is all such firms having if a particular person’s IP address is Accordingly, CSD urges that this matter
1,500 or fewer employees. 13 CFR dynamic and changes. These numbers be referred to the North American
121.201, NAICS Code 517110. often resemble telephone numbers, Numbering Council (NANC). CSD Ex
Currently, there are eight VRS which makes it easier for VRS users to Parte (October 20, 2005) at 3. The
providers. Approximately two or fewer give their ‘‘number’’ to hearing persons Commission seeks comment on this
of these entities are small entities under who may wish to call them via VRS. approach and the alternatives to this
the SBA size standard. See National These databases, however, are approach that may have a minimal
Association for State Relay maintained by the service provider and, burden on small businesses. The
Administration (NASRA) Statistics. generally, are not shared with other Commission further seeks comment on
These numbers are estimates because of service providers. Therefore, a person the maintenance and operation of such
recent and pending mergers and desiring to call a VRS consumer via the a database. The Commission invites
partnerships in the telecommunications consumer’s proxy number can only use commenters to address whether this
industry. the services of the VRS provider that type of database should be the
generates the number. See, e.g., responsibility of the Fund
Description of Projected Reporting,
Sorenson Ex Parte (January 6, 2006) at administrator, a separate entity, or a
Recordkeeping and Other Compliance
16. consortium of service providers and
Requirements In this FNPRM, the Commission whether the proposed responsibility
The proposed rule establishing an contemplates the feasibility of would pose a significant burden on
open, global database of VRS proxy establishing a single, open, and global small businesses. The Commission asks
numbers would require VRS providers database of proxy numbers for VRS that commenters that urge creation of an
to provide information to populate the users that would be available to all oversight committee should specify the
database and to keep the information service providers, so that a hearing scope and composition of the
current. Further, the proposed rule person can call a VRS user through any committee.
mandating specific Internet protocols VRS provider, and without having first Finally, the Commission contemplates
and or standards would require VRS to ascertain the VRS user’s current IP the role of the Commission in creating
providers to use compatible video address. In assessing the feasibility of and maintaining the database. The
protocols in order to receive and place this proposal, commenters should Commission provisionally considers
VRS calls. address both technical and the that specific rule changes may be
Steps Taken To Minimize Significant economic issues. Technical issues necessary to establish the database and
Economic Impact on Small Entities, and include the need for standard protocols that the alternatives to these rule
Significant Alternatives Considered so that the database system can work changes may be needed to alleviate the
with all VRS equipment and services. burden on small businesses. The
The RFA requires an agency to The Commission asks whether there are Commission requests that commenters
describe any significant, alternatives, aspects of proxy numbers that are address whether participation by service
specific to small businesses, that it has dependent on functionalities outside of providers should be mandatory so that
considered in reaching its proposed a database, such as functionalities in the all VRS users can receive incoming
approach, which may include the user’s equipment. If so, parties should calls. The Commission considers the
following four alternatives (among address whether standardization is exemption of a mandatory participation
others): ‘‘(1) The establishment of required. The Commission requests that by small entities as it may create a
differing compliance or reporting commenters address any other technical significant burden on small businesses.
requirements or timetables that take into issues they believe are relevant to this Finally, the Commission seeks comment
account the resources available to small issue. The Commission considers the on what ongoing Commission oversight
entities; (2) the clarification, potential impact of these technical and or regulation, if any, would be necessary
consolidation, or simplification of economic issues on small business and and on what would be the alternatives
compliance or reporting requirements the alternatives in easing the burden on in considering the impact on small
under the rule for small entities; (3) the small businesses. businesses.
use of performance rather than design The Commission also invites Videophones and other devices that
standards; and (4) an exemption from comment on nature of the proxy send video via the Internet to make VRS
coverage of the rule, or any part thereof, numbers that might be used and how calls operate via specific call signaling
for small entities.’’ 5 U.S.C. 603(c)(1)– they might be administered. As the protocols or standards that connect the
(4). Commission has noted, some VRS two endpoints to the call. Internet
As noted above, a hearing person may databases associate users with ten-digit telephony requires standards or
contact a VRS user by calling a VRS telephone numbers. Others allow the protocols so that the end-user devices
provider’s toll free number. The VRS user to create their own unique can communicate with each other.
CA, however, will be able to establish identification. CSD states that ‘‘in order H.323 is one standard for transmitting
the video-to-video link with the VRS for VRS to be functionally equivalent to real-time voice and video over packet-
mstockstill on PROD1PC61 with PROPOSALS

user only if the CA knows the IP address voice telephone services, deaf and hard based networks. Another newer
of the VRS user’s equipment. Often, that of hearing individuals using video standard is SIP (Session Initiation
requires that the calling party know in broadband communication need Protocol). In declining to mandate the
advance the IP address of the VRS user uniform and static end-point numbers provision of VRS in the Improved TRS
so that the calling party can give that linked to the North American Order, the Commission stated because
address to the VRS CA. Because most Numbering Plan (NANP) that will VRS was in its early stages of
consumers’ IP addresses are dynamic, remain consistent across all VRS technological development the

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Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Proposed Rules 30855

Commission would ‘‘permit market receive adequate comments on this barrier to realizing the goal of ensuring
forces, not the Commission, to issue and sought further comment on that all VRS providers can receive calls
determine the technology and ‘‘the extent to which innovative non- from, and make calls to, any VRS
equipment best suited for the provision proprietary protocols for TTY products consumer, and ensuring that all VRS
of [VRS], and allow [* * *] for the are currently being used, and any consumers can make calls through any
development of new and improved advantages or disadvantages such VRS provider.
technology.’’ Improved TRS Order, 15 protocols may present to TRS The Commission therefore
FCC Rcd at 5153, paragraph 23. providers.’’ Second Improved TRS contemplates, following the model of
With traditional TRS, the Commission Order, 18 FCC Rcd at 12440–12441, traditional TRS, mandating specific
initially proposed requiring TTYs to be paragraph 127. In the 2004 TRS Report Internet protocols that VRS providers
capable of communicating in either and Order, the Commission concluded must use to receive and place VRS calls.
ASCII or Baudot formats. that the record did not reflect that there The Commission notes that it does not
Telecommunications Services for were any new non-proprietary TTY regulate TRS equipment, but only
Hearing-Impaired and Speech-Impaired protocols available on the market. 2004 providers to the extent they seek
Individuals, and the Americans with TRS Report and Order, 19 FCC Rcd at compensation from the Fund. If so, the
Disabilities Act of 1990, CC Docket No. 12512, paragraph 88. The Commission Commission seeks comment on what
90–571, Notice of Proposed Rulemaking, therefore declined to mandate the use of standard or standards it should
5 FCC Rcd 7187, 7188–7189, at additional TTY protocols. At the same mandate, and on an appropriate
paragraph 12 (November 16, 1990) time, it recognized that it is desirable to transition period for the adoption of
(noting that although ASCII offers a make TRS ‘‘universal for all types of these standards. The Commission
higher data transfer rate, not all TTY callers by ensuring its compatibility provisionally considers what costs may
users have compatible equipment and with various TTY protocols’’ and stated be involved if it required all providers
rely instead ‘‘on Baudot code that it would continue to monitor this to be able to receive and make calls
equipment’’). Baudot code was issue. 2004 TRS Report and Order, 19 through specific multiple protocols, and
developed in the late 1800’s and is a 5 FCC Rcd at 12512, paragraph 89 whether such costs should be
bit coding scheme limited to 32 (internal quotation marks omitted). compensable by the Fund as a way to
characters. ASCII was developed in the ease financial burden on small
Presently, unlike traditional TRS calls
1960’s and is a 7 bit coding scheme businesses. The Commission further
made using TTYs and the PSTN, the
specifically intended for data seeks comment on whether it should
processing. See generally R. Horak, Commission has not mandated the use
of particular protocols by VRS providers invite the providers, consumer groups,
Communications Systems and Networks and other interested parties to work
at 196–198 (3rd edition 2002). In to ensure that all consumers and
providers can communicate with each together to jointly propose standards to
adopting the TRS regulations, the
other. However, with the increasing use the Commission and if so, on the
Commission noted that both codes were
of VRS and changes in technology, the appropriate timing of such an endeavor.
being used by TTY users and existing
TRS providers, although ASCII was the Commission now contemplates whether The Commission also considers the
superior technology and had the we should adopt specific protocols for alternatives of ensuring interoperability
advantage of being able to be used by VRS calls and if so, what protocol or other than mandating protocols. The
personal computers. TRS I, 6 FCC Rcd protocols should be adopted. The Commission further asks for comments
at 4661, at paragraph 20. The Commission further contemplates the on any other issues relating to ensuring
Commission concluded that it would effects of adopting specific protocols on that VRS consumers can use VRS
not adopt a phase-out period for Baudot small businesses. As the provision of equipment to call any of the VRS
because many persons who rely on TRS VRS has developed, nearly all VRS providers, and the VRS providers can
have access only to Baudot terminals. equipment (the VP–100, the D-Link, and make calls to all VRS consumers. The
Therefore, the Commission adopted webcams) uses the H.323 protocol, and Commission also requests for comments
the proposed rule requiring TRS to be all present providers use this protocol. that will propose any alternative that
capable of communicating in both ASCII As a result, this equipment is inherently will minimize adverse economic impact
and Baudot formats. TRS I, 6 FCC Rcd interoperable with any of the VRS on small entities.
at 4661, at paragraph 20. The rule states providers’ service, and vice versa. Some
Federal Rules That May Duplicate,
that ‘‘TRS shall be capable of newer videophone equipment, however,
Overlap, or Conflict With the Proposed
communicating with ASCII and Baudot uses other protocols, such as SIP. A SIP
Rules
format, at any speed generally in use.’’ device cannot, without translation,
47 CFR 64.604(b)(1) of the communicate with an H.323 device. None.
Commission’s rules. Subsequently, the Without a translation mechanism, if a Ordering Clauses
Commission noted that new TTY VRS consumer has a SIP-based
transmission protocols had evolved videophone the consumer will only be Pursuant to the authority contained in
since the initial TRS regulations were able to use the relay services of a sections 1.2 and 225 of the
adopted, and therefore sought comment provider that can handle SIP-based Communications Act of 1934, as
on whether these enhanced protocols, calls. Similarly, if a provider can only amended, 47 U.S.C. 151, 152 and 225,
such as the V.18 protocol, should be accept SIP-based calls, a consumer with this further notice of proposed
required to be used by TRS providers. an H.323-based videophone will not be rulemaking is adopted.
Improved TRS Order, 15 FCC Rcd at able to use that provider’s service, nor The Commission’s Consumer &
mstockstill on PROD1PC61 with PROPOSALS

5197–5199, paragraphs 139–146. The will a hearing person attempting to call Governmental Affairs Bureau, Reference
Commission also noted that Baudot was a VRS user with an H.323-based Information Center, shall send a copy of
still the dominant protocol. Improved videophone. As a result, it is clear that this Further Notice of Proposed
TRS Order, 15 FCC Rcd at 5197–5199, the development and use of Rulemaking, including the Initial
paragraphs 139–146. In the June 2003 videophones that use new Internet Regulatory Flexibility Analysis, to the
Second Report and Order, the protocols that are incompatible with Chief Counsel for Advocacy of the Small
Commission stated that it did not existing videophone protocols creates a Business Administration.

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30856 Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Proposed Rules

Federal Communications Commission. FOR FURTHER INFORMATION CONTACT: Members of the public should note
Marlene H. Dortch, Andrew J. Rhodes, Media Bureau, (202) that from the time a Notice of Proposed
Secretary. 418–2180. Rule Making is issued until the matter
[FR Doc. E6–8374 Filed 5–30–06; 8:45 am] SUPPLEMENTARY INFORMATION: This is a is no longer subject to Commission
BILLING CODE 6712–01–P summary of the Commission’s Notice of consideration or court review, all ex
Proposed Rule Making, MB Docket No. parte contacts are prohibited in
06–97, adopted May 10, 2006, and Commission proceedings, such as this
FEDERAL COMMUNICATIONS released May 12, 2006. The full text of one, which involve channel allotments.
COMMISSION this Commission decision is available See 47 CFR 1.1204(b) for rules
for inspection and copying during governing permissible ex parte contact.
47 CFR Part 73 normal business hours in the For information regarding proper
Commission’s Reference Center, 445 filing procedures for comments, see 47
[DA 06–988; MB Docket No. 06–97; RM– Twelfth Street, SW. Washington, DC CFR 1.415 and 1.420.
11254] 20554. The complete text of this
decision may also be purchased from List of Subjects in 47 CFR Part 73
Radio Broadcasting Services; Dundee the Commission’s duplicating
and Odessa, NY contractor, Best Copy and Printing, Inc., Radio, Radio broadcasting.
445 12th Street, SW. Room CY–B402, For the reasons discussed in the
AGENCY:Federal Communications Washington, DC, 20054, telephone 1–
Commission. preamble, the Federal Communications
800–378–3160 or http:// Commission proposes to amend 47 CFR
ACTION: Proposed rule. www.BCPIWEB.com. This document part 73 as follows:
does not contain proposed information
SUMMARY: The Audio Division requests collection requirements subject to the PART 73—RADIO BROADCAST
comment on a petition filed by Finger Paperwork Reduction Act of 1995, SERVICES
Lakes Radio Group, Inc. to reallot and Public Law 104–13. In addition,
to change the community of license for therefore, it does not contain any 1. The authority citation for part 73
Station WFLR–FM from Channel 240A proposed information collection burden continues to read as follows:
at Dundee, New York, to Channel 238A ‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the Authority: 47 U.S.C. 154, 303, 334, 336.
at Odessa, New York. See
SUPPLEMENTARY INFORMATION. Small Business Paperwork Relief Act of § 73.202 [Amended]
DATES: Comments must be filed on or 2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4). 2. Section 73.202(b), the Table of FM
before July 3, 2006, and reply comments Allotments under New York, is
Pursuant to § 1.420(i) of the
on or before July 18, 2006. amended by removing Dundee, Channel
Commission’s Rules, we shall not accept
ADDRESSES: Federal Communications competing expressions of interest 240A and by adding Odessa, Channel
Commission, 445 Twelfth Street, SW., pertaining to the use of Channel 238A 238A.
Washington, DC. 20554. In addition to at Odessa, New York. Channel 238A can Federal Communications Commission.
filing comments with the FCC, be allotted to Odessa at proposed
interested parties should serve the John A. Karousos,
reference coordinates of 42–20–38 NL
petitioner, as follows: James L. Oyster, and 76–53–03 WL. Assistant Chief, Audio Division, Media
Esq., 108 Oyster Lane, Castleton, Provisions of the Regulatory Bureau.
Virginia 22716–2839 (Counsel for Finger Flexibility Act of 1980 do not apply to [FR Doc. E6–8378 Filed 5–30–06; 8:45 am]
Lakes Radio Group, Inc). this proceeding. BILLING CODE 6712–01–P
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