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         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 9th 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 9th 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
9th 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 12th 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, or Susan
Magnotti (202) 418-0871, email smagnott@fcc.gov, of the Network Services Division, Common
Carrier Bureau.  The TTY number is (202) 418-0484.


                             -FCC-