61478 Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Notices 

Listing, and the MLS rules of each of the 

respondents already provide protections 

to ensure that a selling broker—a broker 

who finds a buyer for the property—is 

compensated for the brokerage service 

he or she provides. 

It is possible, of course, that a buyer 

of an Exclusive Agency Listing may 

make the purchase without using a 

selling broker, but this is true for 

traditional Exclusive Right to Sell 

Listings as well. Under the existing MLS 

rules of each of the respondents that 

apply to any form of the listing 

agreement, the listing broker must 

ensure that the home seller pays 

compensation to the cooperating selling 

broker (if there is one), and the listing 

broker may be liable himself for a lost 

commission if the home seller fails to 

pay a selling broker who was the 

procuring cause of a completed property 

sale. The possibility of sellers or buyers 

using the MLS but bypassing brokerage 

services is already addressed effectively 

by the respondents’ existing rules that 

do not distinguish between forms of 

listing contracts, and does not justify the 

Web Site Policies. 

IV. The Proposed Consent Orders 

Despite the recent cessation by each 

of the respondents of the challenged 

practices, it is appropriate for the 

Commission to require the prospective 

relief in the proposed consent orders. 

Such relief ensures that the respondents 

cannot revert to the old rules or policies, 

or engage in future variations of the 

challenged conduct. The conduct at 

issue in the current cases is itself a 

variation of practices that have been the 

subject of past Commission orders; as 

noted above, in the 1980s and 1990s, the 

Commission condemned the practices of 

several local MLS boards that had 

banned Exclusive Agency Listings 

entirely, and several consent orders 

were imposed. 

The proposed orders are designed to 

ensure that each MLS does not misuse 

its market power, while preserving the 

procompetitive incentives of members 

to contribute to the MLS systems 

operated by the respondents. The 

proposed orders prohibit respondents 

from adopting or enforcing any rules or 

policies that deny or limit the ability of 

their respective MLS participants to 

enter into Exclusive Agency Listings, or 

any other lawful listing agreements, 

with sellers of properties. The proposed 

orders include examples of such 

practices, but the conduct they enjoin is 

not limited to those five enumerated 

examples. In addition, the proposed 

orders state that, within thirty days after 

each order becomes final, each 

respondent shall have conformed its 

rules to the substantive provisions of the 

order. Each respondent is further 

required to notify its participants of the 

applicable order through its usual 

business communications and its Web 

site. The proposed orders require 

notification to the Commission of 

changes in the respondent entities’

structures, and periodic filings of 

written reports concerning compliance 

with the terms of the orders. 

The proposed orders apply to each of 

the named respondents and entities it 

owns or controls, including its 

respective MLS and any affiliated Web 

site it operates. The orders do not 

prohibit participants in the respondents’

MLS systems, or other independent 

persons or entities that receive listing 

information from a respondent, from 

making independent decisions 

concerning the use or display of such 

listing information on participant or 

third-party Web sites, consistent with 

any contractual obligations to 

respondent(s). 

The proposed orders will expire in 10 

years. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E6–17357 Filed 10–17–06; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the National Coordinator for 

Health Information Technology; 

American Health Information 

Community Electronic Health Record 

Workgroup Meeting 

ACTION: Announcement of meeting. 

SUMMARY: This notice announces the 

eleventh meeting the American Health 

Information Community Electronic 

Health Record Workgroup in accordance 

with the Federal Advisory Committee 

Act (Pub. L. No. 92–463, 5 U.S.C., App.). 

DATES: November 7, 2006, from 1 p.m. 

to 4 p.m. 

ADDRESSES: Mary C. Switzer Building 

(330 C Street, SW., Washington, DC 

20201), Conference Room 4090 (please 

bring photo ID for entry to a Federal 

building). 

FOR FURTHER INFORMATION CONTACT: 

http://www/hhs.gov/healthit/ahic/ 

ehr_main.html. 

SUPPLEMENTARY INFORMATION: The 

workgroup discussion will include a 

discussion of critical components as 

well as other topics relating to an 

electronic health record. 

The meeting will be available via Web 

cast at http://www.hhs.gov/healthit/ 

ahic/ehr_instruct.html. 

Dated: October 12, 2006. 

Judith Sparrow, 

Director, American Health Information 

Community, Office of Programs and 

Coordination, Office of the National 

Coordinator for Health Information 

Technology. 

[FR Doc. 06–8733 Filed 10–17–06; 8:45 am] 

BILLING CODE 4150–24–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the National Coordinator for 

Health Information Technology; 

American Health Information 

Community Consumer Empowerment 

Workgroup Meeting 

ACTION: Announcement of meeting. 

SUMMARY: This notice announces the 

eleventh meeting of the American 

Health Information Community 

Consumer Empowerment Workgroup in 

accordance with the Federal Advisory 

Committee Act (Pub. L. 92–463, 5 

U.S.C., App.). 

DATES: November 6, 2006, from 1 p.m. 

to 5 p.m. 

ADDRESSES: Mary C. Switzer Building 

(330 C Street, SW., Washington, DC 

20201), Conference Room 4090 (please 

bring photo ID for entry to a Federal 

building). 

FOR FURTHER INFORMATION CONTACT: 

http://www.hhs.gov/healthit/ahic/ 

ce_main.html. 

SUPPLEMENTARY INFORMATION: The 

Workgroup members will discuss 

outcomes from the visioning process, 

and continue discussion on a personal 

health record. 

The meeting will be available via Web 

cast at http//www.hhs.gov/healthit/ahic/ 

ce_instruct.html. 

Dated: October 12, 2006. 

Judith Sparrow, 

Director, American health Information 

Community, Office of Programs and 

Coordination, Office of the National 

Coordinator for Health Information 

Technology. 

[FR Doc. 06–8734 Filed 10–17–06; 8:45 am] 

BILLING CODE 4150–24–M 


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