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41754 Federal Register / Vol. 70, No.

138 / Wednesday, July 20, 2005 / Notices

construction permits will be granted licenses or construction permits held by Request for Waiver filed by Panasonic
only after the full and timely payment the applicant. Corporation regarding the hearing aid
of winning bids and any applicable late compatibility and volume control
vi. Refund of Remaining Upfront
fees, in accordance with 47 CFR requirements in order to market the
Payment Balance
1.2109(a). Panasonic 2.4 GHz FHSS Cordless
151. All applicants that submit Telephone with Bone Conduction Type
ii. Long-Form Applications upfront payments but are not winning Ear-Piece, Model KX–TG2388.
148. Within thirty days after the bidders for a construction permit in DATES: Reply comments may be filed on
release of the auction closing notice, Auction No. 62 may be entitled to a or before July 7, 2005.
winning bidders must electronically refund of their remaining upfront
ADDRESSES: You may submit comments
submit a properly completed FCC Form payment balance after the conclusion of
the auction. No refund will be made identified by CC Docket 87–124, by any
301, Application for FM Construction of the following methods:
unless there are excess funds on deposit
Permit, and required exhibits for each • Federal eRulemaking Portal: http://
construction permit won through from the applicant after any applicable
www.regulations.gov. Follow the
Auction No. 62. Winning bidders bid withdrawal payments have been
instructions for submitting comments.
paid. All refunds will be returned to the
claiming new entrant status must • Federal Communications
include an exhibit demonstrating their payer of record, as identified on the FCC
Commission s Web site: http://
eligibility for the bidding credit. Further Form 159, unless the payer submits
www.fcc.gov/cgb/ecfs/. Follow the
filing instructions will be provided to written authorization instructing
instructions for submitting comments.
otherwise.
auction winners at the close of the • E-mail: Arlene.Alexander@fcc.gov.
152. Bidders that drop out of the
auction. Include the docket number(s) in the
auction completely may be eligible for
149. One commenter suggests that the a refund of their upfront payments subject line of the message.
FCC Form 301 deadline be extended • Mail: Federal Communications
before the close of the auction. Qualified
beyond 30 days, arguing that the Commission, Consumer & Governmental
bidders that have exhausted all of their
Auction No. 37 FCC Form 301 deadline Affairs Bureau, 445 12th Street, SW.,
activity rule waivers, have no remaining
occurred immediately after the end-of- Room CY–418, Washington, DC 20554.
bidding eligibility, and have not
year holiday period, and at a time of • People with Disabilities: Contact
withdrawn a provisionally winning bid
year when the locations of many the FCC to request reasonable
during the auction must submit a
allotments were subject to winter accommodations (accessible format
written refund request. If you have
weather (snow & ice). The commenter documents, sign language interpreters,
completed the refund instructions
implies, without explanation, that the CART, etc.) by e-mail: FCC504@fcc.gov
electronically, then only a written
winter weather interferes with winning or phone (202) 418–0539 or TTY: (202)
request for the refund is necessary. If
bidders’ ‘‘finding and negotiating for a not, the request must also include wire 418–0432.
parcel of property.’’ However, the For detailed instructions for
transfer instructions, Taxpayer
Bureaus’’ rules provide for FCC Form submitting comments and additional
Identification Number (TIN) and FCC
301 filing within 30 days of the information on the rulemaking process,
Registration Number (FRN). Send
auction’s close, which itself is not a see the SUPPLEMENTARY INFORMATION
refund requests to: Federal
fixed date. In Auction No. 37, all section of this document.
Communications Commission,
winning bidders timely filed their FCC Financial Operations Center, Auctions FOR FURTHER INFORMATION CONTACT:
Form 301 applications, and over half of Accounting Group, Gail Glasser, 445 Arlene Alexander, (202) 418–0581
the applicants, 139, received grants 12th Street, SW., Room 1–C864, (voice), (202) 418–0183 (TTY), or e-mail
within 90 days of the FCC Form 301 Washington, DC 20554. Arlene.Alexander@fcc.gov.
filing deadline. Thus, the Bureaus see SUPPLEMENTARY INFORMATION: This is a
Federal Communications Commission.
no reason to alter the filing deadline. summary of the Commission’s Public
Gary D. Michaels,
Notice, DA 05–1683, released June 17,
iii. Default and Disqualification Deputy Chief, Auctions and Spectrum Access 2005. Pursuant to §§ 1.415 and 1.419 of
Division.
150. Any high bidder that defaults or the Commission’s rules, 47 CFR 1.415,
is disqualified after the close of the [FR Doc. 05–14238 Filed 7–19–05; 8:45 am] 1.419, interested parties may file reply
auction (i.e., fails to remit the required BILLING CODE 6712–01–P comments on or before July 7, 2005. All
down payment within the prescribed filings must reference CC Docket No.
period of time, fails to submit a timely 87–124. Reply comments may be filed
FEDERAL COMMUNICATIONS
long-form application, fails to make full using the Commission’s Electronic
COMMISSION
payment, or is otherwise disqualified) Comment Filing System (ECFS) or by
will be subject to the payments [CC Docket 87–124, DA 05–1683] filing paper copies. Reply comments
described in 47 CFR 1.2104(g)(2). In filed through the ECFS can be sent as an
such event the Commission may re- Request for Comments On Panasonic electronic file via the Internet to
auction the construction permit or offer Corporation Of North America’s http://www.fcc.gov/cgb/ecfs/. Generally,
it to the next highest bidder (in Request For Waiver Of Hearing Aid- only one copy of an electronic
descending order) at its final bid. In Compatibility And Volume Control submission must be filed. If multiple
addition, if a default or disqualification Requirements For Its Panasonic 2.4 docket or rulemaking numbers appear in
involves gross misconduct, GHz FHSS Cordless Telephone With the caption of this proceeding, however,
misrepresentation, or bad faith by an Bone Conduction Type Ear-Piece commenters must transmit one
applicant, the Commission may declare AGENCY: Federal Communications electronic copy of the reply comments
the applicant and its principals Commission. to each docket or rulemaking number
ineligible to bid in future auctions, and ACTION: Notice. referenced in the caption. In completing
may take any other action that it deems the transmittal screen, commenters
necessary, including institution of SUMMARY: In this document, the should include their full name, U.S.
proceedings to revoke any existing Commission seeks public comment on a Postal Service mailing address, and the

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Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Notices 41755

applicable docket or rulemaking name of the electronic file on the have loss of hearing in the outer ear that
number. Parties may also submit an diskette. The label should also include collects incoming sound waves.
electronic comment by Internet e-mail. the following phrases ‘‘Disk Copy—Not Panasonic also states that the product
To get filing instructions for e-mail an Original.’’ Each diskette should would be labeled as non-hearing aid
comments, commenters should send an contain only one party’s pleading, compatible, contain a warning that the
e-mail to ecfs@fcc.gov, and should preferably in a single electronic file. In phone may not be used in a public
include the following words in the body addition, commenters must send location, and provide instructions on
of the message, ‘‘get form.’’ A sample diskette copies to the Commission’s how to reduce feedback in a hearing aid
form and directions will be sent in copy contractor, Best Copy and Printing, caused by the telephone.
reply. Inc. (BCPI), Portals II, 445 12th Street, Federal Communications Commission.
Parties who choose to file by paper SW., Room CY–CB402, Washington, DC
Jay Keithley,
must file an original and four copies of 20554.
each filing. If more than one docket or Pursuant to § 1.1206 of the Deputy Bureau Chief, Consumer &
Governmental Affairs Bureau.
rulemaking number appears in the Commission’s rules, 47 CFR 1.1206, this
caption of this proceeding, commenter proceeding will be conducted as a [FR Doc. 05–14061 Filed 7–19–05; 8:45 am]
must submit two additional copies for permit-but-disclose proceeding in BILLING CODE 6712–01–P

each additional docket or rulemaking which ex parte communications are


number. Filings can be sent by hand or subject to disclosure.
messenger delivery, electronic media, A copy of this document, Panasonic’s FEDERAL COMMUNICATIONS
by commercial overnight courier, or by Request for Waiver, and any COMMISSION
first-class or overnight U.S. Postal subsequently filed documents in this [CC Docket 87–124, DA 05–1653]
Service mail (although we continue to matter will be available for public
experience delays in receiving U.S. inspection and copying during regular Obligation of Telecommunications
Postal Service mail). The Commission’s business hours at the FCC Reference Equipment Manufactures And
contractor, Natek, Inc. will receive Information Center, Portals II, 445 12th Telecommunications Services
hand-delivered or messenger-delivered Street, SW., Room CY–A257, Providers To Designate Agent For
paper filings or electronic media for the Washington, DC 20554. This document, Complaints Received By The FCC
Commission’s Secretary at 236 Panasonic’s Request for Waiver
AGENCY: Federal Communications
Massachusetts Avenue, NE., Suite 110, submission and any subsequently filed
Commission.
Washington, DC 20002. The filing hours document in this matter may also be
purchased from the Commission’s ACTION: Notice.
at this location are 8 a.m. to 7 p.m. All
hand deliveries must be held together duplicating contractor, BCPI, Portals II, SUMMARY: In this document, the
with rubber bands or fasteners. Any 445 12th Street, SW., Room CY–B402, Commission reminds
envelopes must be disposed of before Washington, DC 20554. Customers may telecommunications equipment
entering the building. Commercial and contact BCPI at their Web site: http:// manufacturers and telecommunications
electronic media sent by overnight mail www.bcpiweb.com or call 1–800–378– service providers of their obligation to
(other than U.S. Postal Service Express 3160. A copy of the submission may designate an agent for service of
Mail and Priority Mail) must be sent to also be found by searching on the informal and formal complaints
9300 East Hampton Drive, Capitol Commission’s Electronic Comment received by the Commission.
Heights, MD 20743. U.S. Postal Service Filing System (ECFS) at http://
DATES: Effective June 14, 2005.
first-class mail, Express Mail, and www.fcc.gov/cgb/ecfs (insert CC Docket
FOR FURTHER INFORMATION CONTACT:
Priority Mail should be addressed to 445 No. 87–124 into the Proceeding block).
12th Street, SW., Washington, DC To request materials in accessible Arlene Alexander, (202) 418–0581
20554. All filings must be addressed to formats for people with disabilities (voice), (202) 418–0183 (TTY), or e-mail
the Commission’s Secretary, Marlene H. (Braille, large print, electronic files, Arlene.Alexander@fcc.gov.
Dortch, Office of the Secretary, Federal audio format), send an e-mail to SUPPLEMENTARY INFORMATION: This is a
Communications Commission, 445 12th fcc504@fcc.gov or call the Consumer & summary of the Commission’s Public
Street, SW., Room TW–B204, Governmental Affairs Bureau at (202) Notice, DA 05–1653, released June 14,
Washington, DC 20554. 418–0530 (voice) or (202) 418–0432 2005. This designation or updated
Parties who choose to file by paper (TTY). This Public Notice can also be designation information may be sent to
should also submit their reply comment downloaded in Word and Portable the Commission via e-mail to
on diskette. These diskettes should be Document Format (PDF) at http:// Section255_POC@fcc.gov or mail 1 copy
submitted, along with three paper www.fcc.gov/cgb.dro. only to: Federal Communications
copies to: Arlene Alexander, Consumer Commission, Attention: Arlene
& Governmental Affairs Bureau, Synopsis Alexander, 445 12th Street, SW., Room
Disability Rights Office, 445 12th Street, On April 19, 2005, Panasonic CY–C418, Washington, DC 20554.
SW., Room CY–C418, Washington, DC Corporation filed a Request for Waiver Contact information for section 255
20554. Such a submission should be a with the Federal Communications telecommunications equipment
3.5 inch diskette formatted in an IBM Commission (Commission) of the manufacturers is posted on the
compatible format using Word 97 or hearing aid compatibility and volume Consumer & Governmental Affairs
compatible software. The diskette control requirements set forth in 47 CFR Bureau’s Web site at: http://
should be accompanied by a cover letter 68.316 and 68.317 in order to market the www.fcc.gov/cgb/dro/
and should be submitted in ‘‘read only’’ Panasonic 2.4 GHz FHSS Cordless section255_manu.html; contact
mode. The diskette should be clearly Telephone with Bone Conduction Type information for telecommunications
labeled with the commenter’s name, Ear-Piece, Model KX–TG2388. service providers is posted at http://
proceeding (including the lead docket Panasonic asserts that the non- www.fcc.gov/cgb/dro/
number in this case (CC Docket No. 87– conforming ear-piece will benefit the service_providers.html; and contact
124)), type of pleading (Reply special needs of ‘‘transmission hearing information for affected colleges and
comment), date of submission, and the impaired’’ persons, i.e., individuals who universities is posted at http://

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