Defense Federal Acquisition Regulation Supplement; Technical Amendments, 21844 [E8-8698]
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21844
Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Rules and Regulations
Court of Appeals for the Tenth Circuit
asserting, in part, that the above-quoted
language violates the First Amendment
rights of TRS providers. On January 28,
2008, Sorenson filed with the
Commission a request for a stay of
paragraphs 95 and 96 pending judicial
review. Sorenson Communications, Inc.,
Request for Stay Pending Judicial
Review, CG Docket No. 03–123 (filed
Jan. 28, 2008) (Stay Request).
2. In its Stay Request, Sorenson
contends that it has a substantial
likelihood of prevailing on the merits of
the judicial review proceeding in the
Tenth Circuit because paragraphs 95
and 96 of the 2007 TRS Cost Recovery
Declaratory Ruling violate Sorenson’s
First Amendment rights by ‘‘limiting
[its] ability to engage in core political
speech and to petition the government
for redress of grievances’’ and by
‘‘restrict[ing] [its] ability to engage in
protected commercial speech.’’
Although Sorenson does not dispute
that the Commission has a substantial
interest in preventing providers from
using customer call data to offer TRS
users financial incentives to make
unnecessary TRS calls, it contends that
the Commission has no substantial
interest in preventing providers from
contacting users for other reasons,
including to assist them with service
issues, to educate them about new
service features, or to inform them of
potential misuse of the service by third
parties. Sorenson also asserts that,
absent a stay, it will suffer irreparable
harm through the loss of its First
Amendment rights and harm to its
business as a result of its inability to
warn its users of scams and abusive
relay practices. Sorenson further asserts
that a stay will not injure other parties,
as it will simply preserve the status quo.
Finally, Sorenson asserts that a stay is
in the public interest because the
challenged restrictions run afoul of the
First Amendment and impair the ability
of TRS users to learn about
developments in the provision of relay
service.
3. In considering requests for stay, the
Commission generally considers the
four criteria set forth in Virginia
Petroleum Jobbers Association v.
Federal Power Commission, 259 F.2d
921, 925 (DC Cir. 1958). These criteria
are: (1) A likelihood of success on the
merits; (2) the threat of irreparable harm
absent the grant of preliminary relief; (3)
the degree of injury to other parties if
relief is granted; and (4) the issuance of
the order will further the public interest.
As the Commission has explained, the
relative importance of the four criteria
will vary depending upon the
circumstances of the case. If there is a
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Jkt 214001
particularly overwhelming showing in
at least one of the factors, the
Commission may find that a stay is
warranted notwithstanding the absence
of another one of the factors.
4. The Bureau agrees that a temporary
stay of paragraphs 95 and 96 of the 2007
TRS Cost Recovery Declaratory Ruling is
appropriate under the circumstances
presented. Specifically, the Bureau
concludes that a stay will further the
public interest. The Bureau notes that
Sorenson and other providers have
raised several concerns, including their
asserted inability to contact users for
emergency or consumer protectionrelated purposes, that, if borne out by
further Commission examination, may
cause the Commission to reconsider the
language of paragraphs 95 and 96 of the
2007 TRS Cost Recovery Declaratory
Ruling. In order to provide the
Commission with sufficient time to
consider the arguments presented by
Sorenson and others, the Bureau finds
that a temporary stay of those
paragraphs is warranted. The Bureau
therefore finds that it is in the public
interest to grant the requested stay for a
period of 90 days, starting February 7,
2008.
Ordering Clause
Pursuant to section 4(i) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), and the
authority delegated under §§ 0.141 and
0.361 of the Commission’s rules, 47 CFR
0.141, 0.361, the Request for Stay filed
by Sorenson Communications, Inc. on
January 28, 2008, is granted, and will
remain in effect for a period of 90 days,
starting February 7, 2008.
Federal Communications Commission.
Nicole McGinnis,
Deputy Chief, Consumer and Governmental
Affairs Bureau.
[FR Doc. E8–8793 Filed 4–22–08; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 201
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
SUMMARY: DoD is making technical
amendments to the Defense Federal
PO 00000
Frm 00038
Fmt 4700
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Acquisition Regulation Supplement
(DFARS) to update a subpart heading
and a reference to a DoD publication.
EFFECTIVE DATE:
April 23, 2008.
Ms.
Michele Peterson, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–0311;
facsimile 703–602–7887.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
This final rule amends DFARS text as
follows:
Æ Subpart 201.6. Revises the subpart
heading for consistency with the
corresponding subpart of the Federal
Acquisition Regulation.
Æ Section 201.603–2. Updates
references to a DoD publication
addressing career development.
List of Subjects in 48 CFR Part 201
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR Part 201 is
amended as follows:
I
PART 201—FEDERAL ACQUISITION
REGULATIONS SYSTEM
1. The authority citation for 48 CFR
Part 201 continues to read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. The heading of subpart 201.6 is
revised to read as follows:
I
Subpart 201.6—Career Development,
Contracting Authority, and
Responsibilities
3. Section 201.603–2 is amended by
revising the second sentence of
paragraph (2)(iii) and the second
sentence of paragraph (3) to read as
follows:
I
201.603–2
Selection.
*
*
*
*
*
(2) * * *
(iii) * * * Information on
developmental opportunities is
contained in DoD Instruction 5000.66,
Operation of the Defense Acquisition,
Technology, and Logistics Workforce
Education, Training, and Career
Development Program.
(3) * * * Information on waivers is
contained in DoD Instruction 5000.66.
[FR Doc. E8–8698 Filed 4–22–08; 8:45 am]
BILLING CODE 5001–08–P
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[Federal Register Volume 73, Number 79 (Wednesday, April 23, 2008)]
[Rules and Regulations]
[Page 21844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8698]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 201
Defense Federal Acquisition Regulation Supplement; Technical
Amendments
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is making technical amendments to the Defense Federal
Acquisition Regulation Supplement (DFARS) to update a subpart heading
and a reference to a DoD publication.
EFFECTIVE DATE: April 23, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-
0311; facsimile 703-602-7887.
SUPPLEMENTARY INFORMATION:
This final rule amends DFARS text as follows:
[cir] Subpart 201.6. Revises the subpart heading for consistency
with the corresponding subpart of the Federal Acquisition Regulation.
[cir] Section 201.603-2. Updates references to a DoD publication
addressing career development.
List of Subjects in 48 CFR Part 201
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR Part 201 is amended as follows:
PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
1. The authority citation for 48 CFR Part 201 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
0
2. The heading of subpart 201.6 is revised to read as follows:
Subpart 201.6--Career Development, Contracting Authority, and
Responsibilities
0
3. Section 201.603-2 is amended by revising the second sentence of
paragraph (2)(iii) and the second sentence of paragraph (3) to read as
follows:
201.603-2 Selection.
* * * * *
(2) * * *
(iii) * * * Information on developmental opportunities is contained
in DoD Instruction 5000.66, Operation of the Defense Acquisition,
Technology, and Logistics Workforce Education, Training, and Career
Development Program.
(3) * * * Information on waivers is contained in DoD Instruction
5000.66.
[FR Doc. E8-8698 Filed 4-22-08; 8:45 am]
BILLING CODE 5001-08-P
