Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Rules and Regulations 67917 

modifications would serve the public 

interest. The conditions adopted by the 

Commission are reprinted below as set 

forth in the MO&O but without 

footnotes. 

• Reporting 

A. Cingular and any other entity that 

avails itself of the relief afforded by this 

order must so notify the Commission in 

its upcoming November 17, 2005, 

hearing aid compatibility compliance 

report. In addition to providing notice, 

such entity must include detailed 

information in its report that describes 

and discusses with specificity the status 

of its efforts to offer dual-band GSM 

handsets that achieve a rating of U3 or 

higher in the 850 MHz band in addition 

to the 1900 MHz band. We note that this 

condition is consistent with the 

requirement that compliance reports 

provide information regarding ‘‘any 

activities related to ANSI C63.19 or 

other standards work intended to 

promote compliance with’’ the 

Commission’s rules and policies. 

B. Cingular and any other entity that 

avails itself of the relief afforded by this 

order and that so notifies the 

Commission on or before November 17, 

2005, (as referenced in condition 1, 

above), must include in its May 17, 

2006, hearing aid compatibility 

compliance report detailed information 

that describes and discusses with 

specificity the status of its efforts to 

offer dual-band GSM handsets that 

achieve a rating of U3 or higher in the 

850 MHz band in addition to the 1900 

MHz band. 

C. Cingular must file an additional 

report with the Commission no later 

than February 1, 2006. This report must 

include detailed information that 

describes and discusses with specificity 

the status of its efforts to offer dual-band 

GSM handsets that achieve a rating of 

U3 or higher in the 850 MHz band in 

addition to the 1900 MHz band. 

• Consumer Outreach 

A. Cingular and any other entity that 

avails itself of the relief afforded by this 

order must ensure a thirty-day trial 

period or otherwise adopt an acceptable, 

flexible return policy for consumers 

seeking to obtain hearing aid-compatible 

GSM digital wireless handsets. In 

addition, such entity must include 

detailed information in its November 

17, 2005, and May 17, 2006, hearing aid 

compatibility compliance reports that 

describes and discusses with specificity 

efforts to ensure a thirty-day trial period 

or otherwise flexible return policy for 

consumers seeking to obtain hearing 

aid-compatible GSM digital wireless 

handsets. We note that this condition 

makes mandatory one of the outreach 

efforts described by the Commission in 

the Hearing Aid Compatibility Order 

and further discussed in the Hearing 

Aid Compatibility Reconsideration 

Order. Also, this condition is consistent 

with the requirement that compliance 

reports provide information regarding 

‘‘outreach efforts.’’

B. Cingular and any other entity that 

avails itself of the relief afforded by this 

order must take reasonable efforts to 

make available current technical and 

anecdotal information for access by the 

public regarding the hearing aid 

compatibility of specific GSM digital 

wireless handsets. In addition, such 

entity must include detailed 

information in its November 17, 2005, 

and May 17, 2006, hearing aid 

compatibility compliance reports that 

describes and discusses with specificity 

efforts to comply with this condition. 

We note that this condition is consistent 

with the outreach efforts described by 

the Commission in the Hearing Aid 

Compatibility Order, as well as the 

requirement that compliance reports 

provide information regarding 

‘‘outreach efforts.’’

I. Procedural Matters 

A. Paperwork Reduction Act Analysis 

11. This document does not contain 

new or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law No. 104–13. Therefore, it does not 

contain any new or modified 

‘‘information collection burden for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

B. Congressional Review Act 

12. The Commission will not send a 

copy of this MO&O pursuant to the 

Congressional Review Act (CRA), see 5 

U.S.C. 801(a)(1)(A), because this MO&O 

does not amend rules as defined in the 

CRA, 5 U.S.C. 804(3). 

II. Ordering Clauses 

13. The Commission, acting pursuant 

to Sections 1 and 4(i) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i), and 

section 1.925 of the Commission’s rules, 

47 CFR 1.925, grants, to the extent set 

forth in the MO&O, the waiver relief 

requested in the Letter from Thomas 

Goode, counsel to the Alliance for 

Telecommunications Industry 

Solutions, and in the Presentation of the 

HAC Incubator Working Group 9, filed 

on August 1, 2005. Second, the 

Commission grants, to the extent set 

forth in the MO&O, the petition for 

waiver of section 20.19(c)(3)(i)(A) of the 

Commission’s rules, 47 CFR 

20.19(c)(3)(i)(A), filed by Cingular 

Wireless LLC on August 5, 2005. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 05–22231 Filed 11–8–05; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

48 CFR Part 239 

[DFARS Case 2003–D054] 

Defense Federal Acquisition 

Regulation Supplement; Information 

Technology Equipment—Screening of 

Government Inventory 

AGENCY: Department of Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to delete obsolete procedures 

for screening of Government inventory 

before authorizing a contractor to 

purchase information technology 

equipment. This rule is a result of a 

transformation initiative undertaken by 

DoD to dramatically change the purpose 

and content of the DFARS. 

EFFECTIVE DATE: November 9, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Gabrielle Ward, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DAR), IMD 3C132, 3062 Defense 

Pentagon, Washington, DC 20301–3062. 

Telephone (703) 602–2022; facsimile 

(703) 602–0350. Please cite DFARS Case 

2003–D054. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective is to improve the 

efficiency and effectiveness of the 

acquisition process, while allowing the 

acquisition workforce the flexibility to 

innovate. The transformed DFARS will 

contain only requirements of law, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

http://www.acq.osd.mil/dpap/dars/ 

dfars/transformation/index.htm. 

67918 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Rules and Regulations 

This final rule is a result of the 

DFARS Transformation initiative. The 

rule deletes obsolete procedures for 

screening of Government inventory 

before authorizing a contractor to 

purchase information technology 

equipment. DoD now manages 

information technology equipment in 

the same manner as other Government 

property, in accordance with FAR Part 

45 and DFARS Part 245. 

DoD published a proposed rule at 69 

FR 67884 on November 22, 2004. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed rule as a final rule without 

change. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not have a significant economic impact 

on a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the DFARS changes in this rule 

are limited to the deletion of obsolete 

procedures for screening the 

Government’s inventory of information 

technology equipment. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. 

List of Subjects in 48 CFR Part 239 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 239 is 

amended as follows: 

PART 239—ACQUISITION OF 

INFORMATION TECHNOLOGY 

■ 1. The authority citation for 48 CFR 

part 239 continues to read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

Subpart 239.73—[Removed and 

Reserved] 

■ 2. Subpart 239.73 is removed and 

reserved. 

[FR Doc. 05–22110 Filed 11–8–05; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

48 CFR Part 239 

[DFARS Case 2003–D055] 

Defense Federal Acquisition 

Regulation Supplement; Acquisition of 

Telecommunications Services 

AGENCY: Department of Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update text pertaining to the 

acquisition of telecommunications 

services. This rule is a result of a 

transformation initiative undertaken by 

DoD to dramatically change the purpose 

and content of the DFARS. 

EFFECTIVE DATE: November 9, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Gabrielle Ward, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP(DAR), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–2022; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2003–D055. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective is to improve the 

efficiency and effectiveness of the 

acquisition process, while allowing the 

acquisition workforce the flexibility to 

innovate. The transformed DFARS will 

contain only requirements of law, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

http://www.acq.osd.mil/dpap/dars/ 

dfars/transformation/index.htm. 

This final rule is a result of the 

DFARS Transformation initiative. The 

rule—

Æ Amends DFARS 239.7401 to update 

terminology for consistency with the 

terminology used in the clause at 

DFARS 252.239–7016; and 

Æ Revises DFARS 239.7405 to delete 

obsolete text and to add text addressing 

DoD’s authority to enter into contracts 

for telecommunications services. 

DoD published a proposed rule at 70 

FR 8564 on February 22, 2005. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed rule as a final rule without 

change. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not have a significant economic impact 

on a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the rule makes no significant 

change to DoD policy for the acquisition 

of telecommunications services. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. 

List of Subjects in 48 CFR Part 239 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 239 is 

amended as follows: 

PART 239—ACQUISITION OF 

INFORMATION TECHNOLOGY 

■ 1. The authority citation for 48 CFR 

part 239 continues to read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

239.7401 [Amended] 

■ 2. Section 239.7401 is amended in 

paragraph (e) by removing ‘‘Security,’’

and adding in its place ‘‘Securing,’’. 

■ 3. Section 239.7405 is revised to read 

as follows: 

239.7405 Delegated authority for 

telecommunications resources. 

The contracting officer may enter into 

a telecommunications service contract 

on a month-to-month basis or for any 

longer period or series of periods, not to 

exceed a total of 10 years. See PGI 

239.7405 for documents relating to this 

contracting authority, which the General 

Services Administration has delegated 

to DoD. 

[FR Doc. 05–22111 Filed 11–8–05; 8:45 am] 

BILLING CODE 5001–08–P