Federal Register / Vol. 60, No. 238 / Tuesday, December 12, 1995 / Proposed Rules 63669

that turns out not to be hearing aid

compatible.

For confined settings, the proposed

rules would require that establishments

with fifty or more beds make their

telephones hearing aid compatible

within one year of the Commission’s

implementing Order, while those with

fewer than fifty beds would have to

comply within two years. Telephones in

all confined setting establishments

would be exempt if alternate signalling

devices were available, monitored and

working, or if a resident brought in and

maintained his or her own telephone

equipment.

The proposed rules would require

that hotels and motels with eighty or

more guest rooms be required to provide

hearing aid compatible telephones

within two years of the Commission’s

implementing Order, while those with

fewer than eighty guest rooms would

have three years to do so. Upon the

effective date of these proposed rules,

generally twenty percent of guest rooms

must have telephones that are hearing

aid compatible.

The proposed rules do not address

wireless telephone hearing aid

compatible issues, because those are

being addressed by the Commission’s

Wireless Telecommunications Bureau.

Initial Regulatory Flexibility Analysis

As required by Section 603 of the

Regulatory Flexibility Act of 1980, 5

U.S.C. 601 et seq., the Commission has

prepared an Initial Regulatory

Flexibility Analysis (‘‘IRFA’’) of the

expected impact on small entities of the

proposals suggested in this document.

The IRFA is set forth in Appendix C of

the NPRM. Written public comments are

requested in the IRFA. These comments

must be filed in accordance with the

same filing procedures as other

comments in this proceeding, but they

also must have a separate and distinct

heading designating them as responses

to the Initial Regulatory Flexibility

Analysis.

Reason for Action: The NPRM

responds to the recommendations of the

Hearing Aid Compatibility Negotiated

Rulemaking Committee. Pursuant to the

Negotiated Rulemaking Act, the

Commission is obligated to initiate this

rulemaking proceeding.

Objectives: The objective of this

proposal is to provide greater access to

the telephone network by persons with

hearing disabilities, while at the same

time balancing the needs of

establishments that must provide

hearing aid-compatible telephones.

Legal Basis: The proposed action is

authorized under Sections 1, 201–205,

and 218 of the Communications Act of

1934, as amended, 47 U.S.C. Sections

151, 154, 201–205, and 218.

Reporting, Record Keeping and Other

Compliance Requirements: The

proposed rules would require

manufacturers and importers of

telephones for use in the United States

to provide volume control with their

equipment after a certain date. Such

telephone equipment manufacturers and

importers also would be required to

display on their equipment the date of

manufacture. In addition, workplaces

with fifteen or more employees,

confined setting establishments and

hotels and motels would have to

provide hearing aid-compatible

telephones after certain dates.

Federal Rules Which Overlap,

Duplicate, or Conflict with These Rules:

None.

Description, Potential Impact and

Number of Small Entities Involved: The

proposals set forth in this Notice may

have an economic impact on workplaces

with fifteen or more employees,

confined setting establishments and

hotels and motels. These establishments

eventually may be required to replace

some or all of their existing telephones

with telephones that are hearing aidcompatible, including telephones that

have volume control. These proposals

also may make it easier for these

establishments to acquire employees

and generate business.

Any Significant Alternatives

Minimizing the Impact on Small

Entities, Consistent with Stated

Objectives: None.

List of Subjects

47 CFR Part 64

Communications common carriers,

Handicapped, Telephone, Hearing aid

compatibility.

47 CFR Part 68

Administrative practice and

procedure, Communications common

carriers, Communications equipment,

Reporting and recordkeeping

requirements, Telephone, Hearing aid

compatibility, Volume control.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–30374 Filed 12–11–95; 8:45 am]

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47 CFR Part 73

[MM Docket No. 95–175; RM–8707]

Radio Broadcasting Services; Ada,

Newcastle, Watonga, OK

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Tyler

Broadcasting Corporation requesting the

reallotment of Channel 227C1 from Ada,

OK, to Newcastle, OK, as the

community’s first local aural broadcast

service, and the modification of Station

KTLS’ license to specify Newcastle as

its community of license. To

accommodate the allotment at

Newcastle, the Commission also

proposes the substitution of Channel

230A for Channel 228A at Watonga, OK,

and the modification of Station KIMY’s

license to specify the alternate Class A

channel. Channel 227C1 can be allotted

to Newcastle in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 7.5 kilometers (4.7 miles)

south, at coordinates 35–10–44 NL; 97–

36–03 WL, to accommodate petitioner’s

desired transmitter site. Channel 230A

can be allotted to Watonga at Station

KIMY’s licensed transmitter site, at

coordinates 35–54–17 NL; 98–23–09

WL.

DATES: Comments must be filed on or

before January 29, 1996, and reply

comments on or before February 13,

1996.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Gary S. Smith, Esq.,

Smithwick & Belendiuk, P.C., 1990 M

Street, NW., Suite 510, Washington, DC

20036 (Counsel to petitioner).

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

95–175, adopted November 21, 1995,

and released December 6, 1995. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Services, Inc., (202) 857–
63670 Federal Register / Vol. 60, No. 238 / Tuesday, December 12, 1995 / Proposed Rules

3800, 2100 M Street, NW., Suite 140,

Washington, DC 20037.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–30220 Filed 12–11–95; 8:45 am]

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