> **DA 00-2615**
>
> **Released: November 17, 2000**

**Network Services Division DETERMINES THAT Waiver Proceeding on Volume
Control WILL BE CONDUCTED IN ACCORDANCE WITH cOMMISSION RULES GOVERNING
Permit-BUT-DISCLOSE *Ex Parte* Presentations**

> **NSD-L-00-17**
>
> **NSD-L-00-22**
>
> **NSD-L-00-63**
>
> **NSD-L-00-193**

On August 9, 2000, the Network Services Division of the Common Carrier
Bureau released a public notice seeking comment on three waiver
petitions concerning volume control rules, *Tandy Corporation, Walker
Equipment and Ameriphone, Inc. Seek Waiver of Hearing Aid Compatibility
Volume Control Standards*, Public Notice, NSD File Nos. L-00-17 L-00-22
L-00-63, DA 00-181 (Rel. 2000) (August 9^th^ Public Notice). In this
Public Notice, we determine that the above captioned proceedings will be
conducted in accordance with the provisions of Commission rule 1.1206
governing permit-but-disclose *ex parte* proceedings. In addition, we
consolidate another petition in these proceedings.

Unless indicated otherwise, pursuant to section 1.1208 of the
Commission\'s rules, waiver proceedings at the Commission are generally
\"restricted proceedings\" prohibiting *ex parte* presentations. *Ex
parte* presentations, as defined in the Commission's rules, are any
presentations that, if written, are not served on the parties to the
proceeding, or if oral, are made without advance notice to the parties
and without opportunity for them to be present. Because the August 9^th^
Public Notice did not indicate otherwise, the above captioned waiver
proceedings are "restricted proceedings." Upon further consideration, we
conclude that the application of our volume control rules at issue in
the several waiver requests involve issues of broadly applicable policy.
*See* 47 C.F.R. § 1.1208, n.2. Accordingly, we conclude that the public
interest would be better served by permitting properly disclosed *ex
parte* communications with Commission decision-making personnel to
discuss the merits or outcome of the proceedings. *Ex parte*
communications would help to inform our decision making in this
sensitive matter, where the potential both for benefit and harm to
consumers is significant.

This public notice also adds to the proceeding a fourth petition,
received after release of the August 9^th^ Public Notice, which raises
similar issues. *Ultratec, Inc. Request for Waiver of Rule 47 C.F.R.
Section 68.317(f)*, NSD L-00-193 (filed Sept. 1, 2000).

The full text of this document, the waiver petitions, and public
comments will be available for public inspection and copying during
regular business hours at the FCC Reference Information Center, Portals
II, 445 12th Street, SW, Room CY-A257, Washington, DC 20554. This
document may also be purchased from the Commission\'s copy contractor,
International Transcription Service, Inc. (ITS), 445 12^th^ Street, SW,
Room CY-B402,Washington, D.C., (202) 314-3070, TTY (202)-293-8810.

Henceforth, we will treat the above captioned proceedings as
"permit-but-disclose" for purposes of the Commission's *ex parte* rules.
*See* 47 C.F.R. §§ 1.1200, 1.1206. Persons making oral *ex parte*
presentations are reminded that memoranda summarizing the presentations
must contain summaries of the substance of the presentations and not
merely a listing of the subjects discussed.

For further information, contact Jamal Mazrui (202) 418-0069, email
[jmazrui@fcc.gov](../jmazrui@fcc.gov), or Susan Magnotti (202) 418-0871,
email [smagnott@fcc.gov](../smagnott@fcc.gov), of the Network Services
Division, Common Carrier Bureau. The TTY number is (202) 418-0484.

-FCC-