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Federal Register / Vol. 70, No.

65 / Wednesday, April 6, 2005 / Notices 17457

64.604(b)(2) speed of answer; and (5) 47 SUMMARY: This document establishes (2002), Communications Vending
CFR 64.604(b)(3) equal access to final procedures for resolving End User Corporation of Arizona, Inc., et al., v.
interexchange carriers. These waivers Common Line (EUCL) informal FCC, et al., 365 F.3d 1064 (D.C.Cir.
are granted provided that VRS providers complaints. The Commission’s actions 2004). Accordingly, the EUCL
submit an annual report to the are necessary in order to resolve several Procedures Order informs all remaining
Commission, in a narrative form, hundred longstanding informal informal complainants that they must
detailing: (1) The provider’s plan or complaints previously filed by initiate final resolution of their claims
general approach to meet the waived payphone providers against local within the next few months.
standards; (2) any additional costs that exchange carriers (LEC). The intended Specifically, each payphone provider
would be required to meet the effect of the EUCL Procedures Order is who previously filed a EUCL informal
standards; (3) the development of any to notify EUCL informal complainants complaint and who still wishes to
new technology that may affect the that, if they intend to pursue their pursue its claims, must now take the
particular waivers; (4) the progress claims and collect damages, they must following actions: (1) notify the
made by the provider to meet the follow a number of specific procedures Commission by Friday, April 22, 2005,
standards; (5) the specific steps taken to between Friday, April 22, 2005 and of its intent to pursue its claim by
resolve any technical problems that Friday, September 9, 2005, or risk losing inputting notification data into the
prohibit the provider from meeting the the right to pursue certain claims. All Commission’s Web site at http://
standards; and (6) any other factors informal complainants are strongly www.fcc.gov/eb/eucl, click on the
relevant to whether the waivers should encouraged to read closely the EUCL Complainant Notification Form, or
continue in effect. Further, as requested Procedures Order. notice of intent to proceed may be made
by the parties and for administrative DATES: EUCL informal complainants by sending the information set forth in
convenience, VRS providers may must file their Notices of Intent to Paragraph 8 of the EUCL Procedures
combine the reporting requirement Convert by Friday, April 22, 2005, if Order by certified mail (postmarked no
established in the Report and Order they wish to pursue their claims via the later than April 22, 2005) to: EB/MDRD,
with existing VRS/IP Relay reporting Commission’s formal complaint process. Federal Communications Commission,
requirements, which are scheduled to be The final deadline for actual conversion 445 12th Street, SW., Room 4–C366,
submitted annually on April 16th of of informal complaints to formal Washington, DC 20554, Attention: EUCL
each year pursuant to the IP Relay Order complaints is extended to Friday, Notice; (2) make a good faith effort to
on Reconsideration and Second September 9, 2005, for those complaints settle its claim against the LEC prior to
Improved TRS Order & NPRM. In the for which a Notice of Intent to File is filing a formal complaint; and, (3) if
Order on Reconsideration, the filed by Friday, April 22, 2005. settlement efforts are unsuccessful, file
Commission affirms, except as ADDRESSES: Submit electronic a formal complaint by Friday,
otherwise specifically provided therein, notification of intent to pursue existing September 9, 2005, in accordance with
the cost recovery methodology for VRS informal complaints at the following the streamlined procedures described in
established in the June 30, 2003, Bureau Web address: http://www.fcc.gov/eb/ the EUCL Procedures Order.
TRS Order. The Commission adjusts the eucl, click on the Complainant The EUCL Procedures Order may have
VRS compensation rate to a per-minute Notification Form. Alternatively, notice a further impact on a complainant’s
compensation rate of $8.854. of intent to proceed may be made by right to recover damages. All informal
On June 30, 2004, the Commission certified mail (postmarked no later than complainants should read thoroughly
also released a Further Notice of April 22, 2005) to: EB/MDRD, Federal the EUCL Procedures Order. If a
Proposed Rulemaking, In the Matter of Communications Commission, 445 12th complainant fails to provide Notice of
Telecommunication Relay Services and Street, SW., Room 4–C366, Washington, Intent to File as described herein and in
Speech-to-Speech Services for DC 20554, Attention: EUCL Notice. See the EUCL Procedures Order, that
Individuals with Hearing and Speech SUPPLEMENTARY INFORMATION for address complainant will not be able to pursue
Disabilities, CG Docket No. 03–123, FCC and mailing instructions for all its claim further via the Commission’s
04–137, that addressed a number of converted formal complaints. formal complaint process. The
outstanding issues with respect to VRS FOR FURTHER INFORMATION CONTACT: Enforcement Bureau has deferred the
and IP Relay, none of which have any Sandra Gray-Fields, 202–418–7330. mandatory filing date for the conversion
implications under the Paperwork SUPPLEMENTARY INFORMATION: On March of informal complaints to formal
Reduction Act. 25, 2005, the Enforcement Bureau of the complaints numerous times, see, e.g.,
Federal Communications Commission. Federal Communications Commission Informal Complaints filed by
William F. Caton, (Commission) released the EUCL Independent Payphone Service
Deputy Secretary.
Procedures Order establishing final Providers against Various Local
procedures for resolving End User Exchange Carriers Seeking Refunds of
[FR Doc. 05–6812 Filed 4–5–05; 8:45 am]
Common Line (EUCL) informal End User Common Line Charges, Order,
BILLING CODE 6712–01–P
complaints. The critical legal issues 16 FCC Rcd 3669 (CCB 1999); Informal
raised by the existing EUCL informal Complaints filed by Independent
FEDERAL COMMUNICATIONS complaints have been previously and Payphone Service Providers against
COMMISSION definitively addressed in consolidated Various Local Exchange Carriers
formal complaint proceedings before the Seeking Refunds of End User Common
Commission, see, e.g., Communications Line Charges, Order, 2004 WL 2973797,
[DA 05–674] Vending Corporation of Arizona, Inc. et File Nos. IC–98–42853, et al., DA No.
al. v. Citizens Communications 04–4022 (EB Rel. Dec. 22, 2004). The
End User Common Line Procedures
Company f/k/a Citizens Utility extension of the conversion date in the
AGENCY: Federal Communications Company and Citizens EUCL Procedures Order to September 9,
Commission. Telecommunications Company d/b/a 2005 is considered to be the final
Citizens Telecom, et al., Memorandum extension. Formal complainants must
ACTION: Notice.
Opinion and Order, 17 FCC Rcd 24201 deliver the following copies of the

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17458 Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Notices

newly converted formal complaint to copying in Room CY–B402, 445 12th 2005. See section 1.4(b)(1) of the
the following addresses on or before Street, SW., Washington, DC or may be Commission’s rules (47 CFR 1.4(b)(1)).
September 9, 2005: (a) the original copy purchased from the Commission’s copy Replies to an opposition must be filed
of the newly converted formal contractor, Best Copy and Printing, Inc. within 10 days after the time for filing
complaint should be delivered, along (BCPI)(1–800–378–3160). Oppositions oppositions have expired.
with the requisite filing fee, to the to these petitions must be filed by April Subject: In the Matter of the
Federal Communications Commission, 21, 2005. See section 1.4(b)(1) of the Procedures to Govern the Use of
Enforcement, PO Box 358120, Commission’s rules (47 CFR 1.4(b)(1)). Satellite Earth Stations on Board Vessels
Pittsburgh, PA 15251–5120; (b) one Replies to an opposition must be filed in the 5925–6425 MHz/3700–4200 MHz
copy of the formal complaint should be within 10 days after the time for filing Bands and 14.0–14.5 GHz/11.7–12.2
delivered to Office of the Secretary, oppositions have expired. GHz Bands (IB Docket No. 02–10).
Federal Communications Commission, Subject: Number of Petitions Filed: 5.
445 12th Street SW., Room TW–204(B), In the Matter of Improving Public Safety Subject: In the Matter of Facilitating
Washington, DC 20554; and, (c) two Communications in the 800 MHz the Provision of Spectrum-Based
copies of the formal complaint should Band (WT Docket No. 02–55); Services to Rural Areas and Promoting
be delivered to Market Disputes Consolidating the 800 and 900 MHz Opportunities for Rural Telephone
Resolution Division, Enforcement Industrial/Land Transportation and Companies to Provide Spectrum-Based
Bureau, Federal Communications Business Pool Channels; Services (WT Docket No. 02–381); 2000
Commission, 445 12th Street SW., Room Amendment of Part 2 of the Biennial Regulatory Review Spectrum
TW–204(B), Washington, DC 20554. Commission’s Rules to Allocate Aggregation Limits for Commercial
The complete text of the EUCL Spectrum Below 3 GHz for Mobile Mobile Radio Services (WT Docket No.
Procedures Order is available for and Fixed Services to Support the 01–14); Increasing Flexibility to
inspection and copying during normal Introduction of New Advanced Promote Access to and the Efficient and
business hours in the FCC Reference Wireless Services, including Third Intensive Use of Spectrum and the
Information Center, Portals II, 445 12th Generation Wireless Systems (ET Widespread Deployment of Wireless
Street SW., Room CY–A257, Docket No. 00–258); Services, and to Facilitate Capital
Washington, DC 20554. This document Petition for Rulemaking of the Wireless Formation (WT Docket No. 03–202).
may also be purchased from the Information Networks Forum Number of Petitions Filed: 2.
Commission’s duplicating contractor, Concerning the Unlicensed Personal
Marlene H. Dortch,
Best Copy and Printing, Inc. (BCPI), Communications Service (RM–9498);
Petition for Rulemaking of UT Starcom, Secretary.
Portals II, 445 12th Street, SW., Room
CY–B402, Washington, DC 20554, Inc., Concerning the Unlicensed [FR Doc. 05–6815 Filed 4–5–05; 8:45 am]
telephone 202–863–2893, facsimile Personal Communications Service BILLING CODE 6712–01–M

202–863–2898, or via e-mail at http:// (RM–10024);


www.bcpiweb.com. An electronic copy Amendment of Section 2.106 of the
of the EUCL Procedures Order is also Commission’s Rules to Allocate FEDERAL MARITIME COMMISSION
available at http://www.fcc.gov/eb/ Spectrum at 2 GHz for use by the
mdrd/Items.html. Mobile Satellite Service (ET Docket Notice of Agreements Filed
The Commission will not send a copy No. 95–18)
The Commission hereby gives notice
of this Order pursuant to the Number of Petitions Filed: 6. of the filing of the following agreements
Congressional Review Act, see 5 U.S.C. Marlene H. Dortch, under the Shipping Act of 1984.
801 (a)(1)(A), because there are no new Interested parties may obtain copies of
Secretary.
rules attached to the Notice and the agreements by contacting the
[FR Doc. 05–6807 Filed 4–5–05; 8:45 am]
Order simply responds to informal Commission’s Office of Agreements at
BILLING CODE 6712–01–M
complaints previously filed by parties to 202–523–5793 or via e-mail at
this particular Commission proceeding. tradeanalysis@fmc.gov. Interested
Federal Communications Commission. FEDERAL COMMUNICATIONS parties may submit comments on an
Christopher N. Olsen, COMMISSION agreement to the Secretary, Federal
Deputy Chief, Enforcement Bureau. Maritime Commission, Washington, DC
[Report No. 2698] 20573, within 10 days of the date of this
[FR Doc. 05–6559 Filed 4–5–05; 8:45 am]
BILLING CODE 6712–01–P Petitions for Reconsideration and notice appears in the Federal Register.
Clarification of Action in Rulemaking Agreement No.: 010955–008.
Title: ACL/H–L Reciprocal Space
Proceedings
FEDERAL COMMUNICATIONS Charter and Sailing Agreement.
COMMISSION March 28, 2005. Parties: Atlantic Container Line AB
Petitions for Reconsideration and and Hapag-Lloyd Container Line GmbH.
[Report No. 2697] Clarification have been filed in the Filing Party: Wayne R. Rohde, Esq.,
Commission’s Rulemaking proceedings Sher & Blackwell, LLP, 1850 M Street,
Petitions for Reconsideration of Action NW., Suite 900, Washington, DC 20036.
in Rulemaking Proceeding listed in this Public Notice and
published pursuant to 47 CFR 1.429(e). Synopsis: The amendment deletes the
DATE: The full text of this document is capacity rationalization authority
March 23, 2005 available for viewing and copying in contained in the agreement.
Petitions for Reconsideration have Room CY–B402, 445 12th Street, SW., Agreement No.: 011654–012.
been filed in the Commission’s Washington, DC or may be purchased Title: Middle East Indian
Rulemaking proceeding listed in this from the Commission’s copy contractor, Subcontinent Discussion Agreement.
Public Notice and published pursuant to Best Copy and Printing, Inc. (BCPI) (1– Parties: American President Lines;
47 CFR 1.429(e). The full text of this 800–378–3160). Oppositions to these A.P. Moller-Maersk A/S; China
document is available for viewing and petitions must be filed by April 21, Shipping Navigation Co., Ltd. d/b/a

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