Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Notices 59347 

8034 (February 17, 2005); 

Telecommunications Relay Services and 

Speech-to-Speech Services for 

Individuals with Hearing and Speech 

Disabilities, CC Docket No. 98–67, CG 

Docket No. 03–123, Order on 

Reconsideration, FCC 05–139, note 109 

(July 19, 2005), published at 70 FR 

51643 (August 31, 2005). The 

Commission is concerned that the 

misuse of VRS may be partially 

responsible for the large increase in 

minutes of use of VRS. The Interstate 

TRS Fund reimbursed 869,003 minutes 

of VRS usage for June 2004 and 

2,136,657 minutes for June 2005. The 

Commission understands that VRS 

providers generally have procedures in 

place to terminate calls where VRS is 

being used as a way to obtain free 

interpreting services. However, the 

Commission also understands that 

persons misusing VRS may be doing so 

in ways to avoid detection, and are also 

publicizing these methods via consumer 

bulletin boards and other means. 

The Commission is mindful that 

employers, State and local government 

entities, and public accommodations are 

required under the ADA to provide 

persons with hearing disabilities a 

reasonable accommodation, and that the 

accommodation may entail the use of a 

sign language interpreter. However, VRS 

cannot be used as a substitute for using 

an in-person interpreter or VRI in 

situations that would not, absent one of 

the parties’ hearing disability, entail the 

use of the telephone. The Commission 

will continue to carefully scrutinize the 

provision and use of VRS to ensure that 

it is being used only as a means of 

accessing the telephone system, not as 

a substitute for VRI or as a means to gain 

free ‘‘in-person’’ interpreting services. 

The Commission encourages persons 

requiring interpreting service and 

providing interpreting services, as well 

as VRS providers, to report any 

improper use of VRS to the Commission 

so that it may ensure that the Interstate 

TRS Fund is compensating only 

legitimate VRS calls. The Commission 

will continue to closely monitor alleged 

instances of the wrongful use of VRS, 

and take whatever enforcement action is 

necessary and appropriate against such 

misuse. 

Federal Communications Commission. 

Jay Keithley, 

Deputy Chief, Consumer & Governmental 

Affairs Bureau. 

[FR Doc. 05–20133 Filed 10–11–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[WC Docket No. 05–276; DA 05–2514] 

Access Charges for IP-Transported 

Calls 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: This document seeks 

comment on petitions for declaratory 

ruling filed by SBC and VarTec. SBC 

seeks a declaratory ruling that wholesale 

transmission providers using Internet 

protocol (IP) technology to transport 

long distance calls are liable for access 

charges. VarTec seeks a declaratory 

ruling that it is not required to pay 

access charges to terminating local 

exchange carriers (LECs) when 

enhanced service providers or other 

carriers deliver calls directly to the 

terminating LECs for termination. 

VarTec also seeks a declaratory ruling 

that such calls are exempt from access 

charges when they are originated by a 

commercial mobile radio service 

(CMRS) provider and do not cross 

metropolitan trading area (MTA) 

boundaries. VarTec also seeks a 

declaratory ruling that terminating LECs 

are required to pay VarTec for the 

transiting service VarTec provides when 

terminating LECs terminate intraMTA 

calls originated by a CMRS provider. 

DATES: Comments due November 10, 

2005, and reply comments due 

December 12, 2005. 

ADDRESSES: You may submit comments, 

identified by WC Docket No. 05–276, by 

any of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs. Follow the 

instructions for submitting comments. 

E-mail: Include the docket number in 

the subject line of the message. 

Mail: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202–

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer McKee, Wireline Competition 

Bureau, Pricing Policy Division, (202) 

418–1530, jennifer.mckee@fcc.gov. 

SUPPLEMENTARY INFORMATION: On 

September 21, 2005, the SBC incumbent 

local exchange carriers (SBC) filed a 

petition for declaratory ruling that 

wholesale transmission providers using 

Internet protocol (IP) technology to 

transport long distance calls are liable 

for access charges. SBC filed its petition 

after the United States District Court for 

the Eastern District of Missouri 

dismissed without prejudice SBC’s 

claims seeking payment of access 

charges for long distance calls that were 

transported using IP technology. The 

court found it appropriate to defer the 

issues raised by SBC to the primary 

jurisdiction of the FCC. In its petition, 

SBC seeks a declaratory ruling that 

wholesale transmission providers using 

IP technology to carry long distance 

calls that originate and terminate on the 

public switched telephone network 

(PSTN) are liable for access charges 

under § 69.5 of the Commission’s rules, 

47 CFR 69.5, and applicable tariffs. SBC 

seeks a ruling that providers meeting 

these criteria are interexchange carriers. 

VarTec filed a petition for declaratory 

ruling on related issues. Specifically, 

VarTec seeks a declaratory ruling that it 

is not required to pay access charges to 

terminating local exchange carriers 

(LECs) when enhanced service 

providers or other carriers deliver calls 

directly to the terminating LECs for 

termination. VarTec also seeks a 

declaratory ruling that such calls are 

exempt from access charges when they 

are originated by a commercial mobile 

radio service (CMRS) provider and do 

not cross major trading area (MTA) 

boundaries. VarTec also seeks a 

declaratory ruling that terminating LECs 

are required to pay VarTec for the 

transiting service VarTec provides when 

terminating LECs terminate intraMTA 

calls originated by a CMRS provider. 

Interested parties may file comments 

on or before November 10, 2005, and 

reply comments on or before December 

12, 2005. Comments may be filed using 

the Commission’s Electronic Comment 

Filing System (ECFS) or by filing paper 

copies. Comments filed through the 

ECFS can be sent as an electronic file 

via the Internet to http://www.fcc.gov/ 

cgb/ecfs/. Generally, only one copy of 

an electronic submission must be filed. 

In completing the transmittal screen, 

commenters should include their full 

name, U.S. Postal Service mailing 

address, and the applicable docket or 

rulemaking number, in this case WC 

Docket No. 05–276. Parties may also 

submit an electronic comment by 

Internet e-mail. To get filing instructions 

59348 Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Notices 

for e-mail comments, commenters 

should send an e-mail to ecfs@fcc.gov, 

and should include the following words 

in the body of the message, ‘‘get form.’’

A sample form and directions will be 

sent in reply. Parties who choose to file 

by paper must file an original and four 

copies of each filing. 

Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail 

(although we continue to experience 

delays in receiving U.S. Postal Service 

mail). Parties are strongly encouraged to 

file comments electronically using the 

Commission’s Electronic Comment 

Filing System (ECFS). 

The Commission’s contractor, Natek, 

Inc., will receive hand-delivered or 

messenger-delivered paper filings for 

the Commission’s Secretary at 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002. 

—The filing hours at this location are 8 

a.m. to 7 p.m. 

—All hand deliveries must be held 

together with rubber bands or 

fasteners. 

—Any envelopes must be disposed of 

before entering the building. 

—Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 

9300 East Hampton Drive, Capitol 

Heights, MD 20743. 

—U.S. Postal Service first-class mail, 

Express Mail, and Priority Mail 

should be addressed to 445 12th 

Street, SW., Washington, DC 20554. 

All filings must be addressed to the 

Commission’s Secretary, Marlene H. 

Dortch, Office of the Secretary, Federal 

Communications Commission, 445 12th 

Street, SW., Washington, DC 20554. 

Parties should also send a copy of their 

filings to Jennifer McKee, Pricing Policy 

Division, Wireline Competition Bureau, 

Federal Communications Commission, 

Room 5–A263, 445 12th Street, SW., 

Washington, DC 20554, or by e-mail to 

jennifer.mckee@fcc.gov. Parties shall 

also serve one copy with the 

Commission’s copy contractor, Best 

Copy and Printing, Inc. (BCPI), Portals 

II, 445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, (202) 488–5300, 

or via e-mail to fcc@bcpiweb.com. 

Documents in WC Docket No. 05–276, 

including the SBC Petition and the 

VarTec Petition, are available for public 

inspection and copying during business 

hours at the FCC Reference Information 

Center, Portals II, 445 12th St. SW., 

Room CY–A257, Washington, DC 20554. 

The documents may also be purchased 

from BCPI, telephone (202) 488–5300, 

facsimile (202) 488–5563, TTY (202) 

488–5562, e-mail fcc@bcpiweb.com. 

This matter shall be treated as a 

‘‘permit-but-disclose’’ proceeding in 

accordance with the Commission’s ex 

parte rules. 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. More than a one- or twosentence description of the views and 

arguments presented generally is 

required. Other requirements pertaining 

to oral and written ex parte 

presentations in permit-but-disclose 

proceedings are set forth in section 

1.1206(b) of the Commission’s rules. 

Federal Communications Commission. 

Donald Stockdale, 

Acting Deputy Chief, Wireline Competition 

Bureau. 

[FR Doc. 05–20527 Filed 10–11–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL RESERVE SYSTEM 

Sunshine Act Meeting 

AGENCY HOLDING THE MEETING: Board of 

Governors of the Federal Reserve 

System. 

TIME AND DATE: 11:30 a.m., Monday, 

October 17, 2005. 

PLACE: Marriner S. Eccles Federal 

Reserve Board Building, 20th and C 

Streets, N.W., Washington, D.C. 20551. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: 

1. Personnel actions (appointments, 

promotions, assignments, 

reassignments, and salary actions) 

involving individual Federal Reserve 

System employees. 

2. Any items carried forward from a 

previously announced meeting. 

FOR FURTHER INFORMATION CONTACT: 

Michelle A. Smith, Director, Office of 

Board Members; 202–452–2955. 

SUPPLEMENTARY INFORMATION: You may 

call 202–452–3206 beginning at 

approximately 5 p.m. two business days 

before the meeting for a recorded 

announcement of bank and bank 

holding company applications 

scheduled for the meeting; or you may 

contact the Board’s Web site at http:// 

www.federalreserve.gov for an electronic 

announcement that not only lists 

applications, but also indicates 

procedural and other information about 

the meeting. 

Board of Governors of the Federal Reserve 

System, October 7, 2005. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. 05–20568 Filed 10–7–05; 3:25 pm] 

BILLING CODE 6210–01–S 

FEDERAL RETIREMENT THRIFT 

INVESTMENT BOARD 

Sunshine Act Notice 

TIME AND DATE: 9 a.m. (EDT), October 

17, 2005. 

PLACE: 4th Floor Conference Room, 

1250 H Street, NW, Washington, DC. 

STATUS: Parts will be open to the public 

and parts closed to the public. 

MATTERS TO BE CONSIDERED: 

Parts Open to the Public 

1. Approval of the minutes of the 

September 19, 2005, Board member 

meeting. 

2. Thrift Savings Plan activity report 

by the Executive Director. 

3. Quarterly Investment Policy report. 

4. Quarterly Vendor Financial 

Statement report. 

5. Old business. Resolution to require 

Executive Director to consult Board. 

6. Mid-year financial audit report 

from Deloitte & Touche. 

Parts Closed to the Public 

7. Procurement. 

8. Personnel. 

CONTACT PERSON FOR MORE INFORMATION: 

Thomas J. Trabucco, Director, Office of 

External Affairs, (202) 942–1640. 

Dated: October 6, 2005. 

Elizabeth S. Woodruff, 

Secretary to the Board, Federal Retirement 

Thrift Investment Board. 

[FR Doc. 05–20482 Filed 10–6–05; 5:02 pm] 

BILLING CODE 6760–01–P 

GENERAL SERVICES 

ADMINISTRATION 

Notice of a Deviation; Motor Vehicle 

Management 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Notice of a deviation. 

SUMMARY: This notice announces that 

the General Services Administration 

(GSA), Office of Governmentwide Policy 

(M), is granting a deviation from the 

Federal Management Regulation (FMR) 

to all agencies whose purchase of 

gasoline for motor vehicles has been 

impacted by Hurricanes Katrina and