67854 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

respects identical to that contained in 

Appendix E hereto, which provides 

assurances that $2.5 billion will be available 

for band reconfiguration, notwithstanding the 

financial condition of Nextel, or its 

successor(s). 

• Nextel shall specify on the initial letter 

of credit and any subsequent letters of credit, 

a Trustee, acceptable to the Commission, 

which shall draw upon and disburse funds 

in accordance with the terms thereof and the 

Transition Administrator’s instructions. 

Further, on the occasion of a material breach 

by Nextel of its obligations hereunder, as 

declared by the Commission, said trustee 

shall receive the remaining balance of the 

letter(s) of credit to hold in trust and disburse 

in accordance with the terms of this Report 

and Order. Said funds shall be devoted 

exclusively to reconfiguration of the 800 

MHz band except as otherwise provided in 

this Report and Order. 

• Nextel shall deliver an opinion letter 

from counsel clearly stating, subject only to 

customary assumptions, limitations and 

qualifications, that in a proceeding under 

Title 11 of the United States Code, 11 U.S.C. 

Section 101 et seq. (the ‘‘Bankruptcy Code’’), 

in which Nextel is the debtor, the bankruptcy 

court would not treat the Letter of Credit or 

proceeds of the Letter of Credit as property 

of Nextel’s bankruptcy estate under Section 

541 of the Bankruptcy Code. The scope of the 

opinion letter must also cover such other 

opinions as the Commission shall request. 

The opinion letter must contain detailed 

legal analysis of the basis of counsel’s 

opinion. A draft opinion letter must be 

submitted for review and approval by the 

Commission’s Office of General Counsel 

prior to issuance of the letter. Bankruptcy 

counsel, and, if applicable, counsel’s firm, 

must have a Martindale-Hubbell rating of

‘‘A/V’’ and must satisfy the Commission in 

all other respects. 

• Nextel shall provide a letter or letters, in 

content satisfactory to the Commission, from 

any and all parties having a financial or 

equitable interest in any existing or proposed 

800 MHz system, whether in the United 

States, Mexico or Canada, and connected in 

any way to Nextel by way of being a 

subsidiary, partner, or otherwise; to the effect 

that such parties are bound to perform the 

obligations imposed on Nextel herein to the 

extent such obligations are necessary or 

desirable in the completion of 

reconfiguration of the 800 MHz band. 

• Nextel shall obtain the Commission’s 

approval of all documents it submits 

pursuant to this paragraph. 

• Nextel shall file with the Commission an 

acknowledgement that meets the 

requirements of paragraph 87 supra.’’

4. The Commission extends the 

deadline contained in paragraph 345 of 

the Order (as numbered in the Second 

Erratum released October 6, 2004). 

Paragraph 345, as numbered, provides 

that that ‘‘within thirty days of the 

publication of this Report and Order in 

the Federal Register, Nextel and 

Southern LINC shall deliver to the 

Commission an agreement for the 

channel distribution for all 800 MHz 

licensees in the areas shown in 

Appendix G.’’

5. The Commission extends the 

Broadcast Auxiliary Service (BAS) 

relocation deadlines set out in 

paragraph 346 of the Order (as 

numbered in the Second Erratum

released October 6, 2004). Paragraph 

346 provides that, Nextel’s modified 

licenses authorizing operations within 

the 1.9 GHz band are conditioned on 

several requirements, including:

‘‘Nextel shall certify to the Commission that 

all BAS facilities have been relocated within 

thirty months after the effective date of this 

Report and Order. If Nextel fails to meet this 

benchmark, for reasons that Nextel could 

reasonably have avoided, the Commission 

will determine whether forfeitures should be 

imposed and/or whether Nextel licenses, 

including, but not limited to, its 1.9 GHz 

licenses, should be revoked.’’

6. The Commission extends the BAS 

relocation deadlines set forth in 

Paragraph 352 of the Order (as 

numbered in the Second Erratum

released on October 6, 2004). Paragraph 

352 provides that, ‘‘as a condition on 

Nextel’s 1.9 GHz licenses, Nextel shall, 

as described herein, relocate all BAS 

licensees in the 1990–2025 MHz band 

within thirty months after the effective 

date of this Report and Order.’’ In this 

connection, Section 352 provides that 

Nextel shall comply with certain 

requirements, which include, but are 

not limited to:

• ‘‘Nextel shall file with the Commission 

and copy the MSS licensees within thirty 

days after the effective date of this Report 

and Order its plan for the relocation of BAS 

operations in the markets that will be 

relocated during stage one (i.e., relocations 

made within eighteen months after the 

effective date of this Report and Order).’’

• ‘‘Nextel shall follow a negotiation period 

for stage one relocations that ends May 31, 

2005 and that ends March 31, 2006 for stage 

two relocations (i.e., relocations made within 

thirty months after the effective date of this 

Report and Order).’’

• ‘‘Nextel shall file progress reports within 

twelve months and twenty-four months after 

the effective date of this Report and Order on 

the status of the transition, including 

identifying the markets that will be relocated 

during stage one, and all remaining markets 

that will be relocated during stage two.’’

• ‘‘Nextel shall certify to the Commission 

that all BAS facilities have been relocated 

within thirty months after the effective date 

of this Report and Order. If Nextel fails to 

meet this benchmark, for reasons that Nextel 

could reasonably have avoided, the 

Commission will determine whether 

forfeitures should be imposed and/or 

whether Nextel licenses, including, but not 

limited to, its 1.9 GHz licenses, should be 

revoked.’’

• ‘‘Nextel shall be entitled to seek 

reimbursement from MSS licensees that have 

entered the band for the MSS licensee’s pro 

rata share of Nextel’s costs to clear the top 

thirty markets and relocate all fixed BAS 

facilities, regardless of market size, incurred 

during the thirty-six month reconfiguration 

process. Nextel shall be required to inform 

the Commission and MSS licensees on 

whether it will or will not seek 

reimbursement from MSS licensees within 

twelve months after the effective date of this 

Report and Order.’’

7. This extension does not apply to 

the statutory deadlines for filing 

petitions for reconsideration and for 

seeking judicial review of the Order.

Also, the Commission is not deferring 

the effective date of the rules set forth 

in Appendix C of the initial Order and 

published elsewhere in the Rules and 

Regulations section of this issue, 

including the effective dates of technical 

standards and procedural mechanisms 

adopted in the Order to abate 

unacceptable interference.

Federal Communications Commission. 

Michael J. Wilhelm, 

Chief, Public Safety and Critical 

Infrastructure Division, Wireless 

Telecommunications Bureau, Federal 

Communications Commission.

[FR Doc. 04–25806 Filed 11–19–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF DEFENSE

48 CFR Part 211 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD is making technical 

amendments to the Defense Federal 

Acquisition Regulation Supplement to 

update the Internet address for DoD 

specifications and standards.

EFFECTIVE DATE: November 22, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Michele Peterson, Defense Acquisition 

Regulations Council, 

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

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0311; 

facsimile (703) 602–0350.

List of Subjects in 48 CFR Part 211 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR Part 211 is amended 

as follows:

■ 1. The authority citation for 48 CFR 

Part 211 continues to read as follows:

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

Chapter 1.

Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67855

PART 211—DESCRIBING AGENCY 

NEEDS

211.201 [Amended]

■ 2. Section 211.201 is amended in 

paragraph (d) introductory text by 

removing ‘‘http://assist.daps.mil’’ and 

adding in its place ‘‘http://

assist.daps.dla.mil’’.

[FR Doc. 04–25809 Filed 11–19–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Parts 217 and 219 

[DFARS Case 2003–D092] 

Defense Federal Acquisition 

Regulation Supplement; Small 

Disadvantaged Businesses and Leader 

Company Contracting

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to revise text pertaining to DoD 

review of small business subcontracting 

plans, and to remove text pertaining to 

leader company contracting. This rule is 

a result of a transformation initiative 

undertaken by DoD to dramatically 

change the purpose and content of the 

DFARS.

DATES: Effective November 22, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Robin Schulze, Defense Acquisition 

Regulations Council, 

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

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0326; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2003–D092.

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/dfars/

transf.htm.

This final rule is a result of the 

DFARS Transformation initiative. The 

DFARS changes—

• Remove DFARS Subpart 217.4, 

which addresses the participation of 

small disadvantaged business concerns 

in leader company contracting. DoD 

rarely uses leader company contracting. 

Incentives for major DoD contractors to 

assist small disadvantaged business 

concerns are provided through the DoD 

Pilot Mentor-Prote ́ge ́ Program, in 

accordance with DFARS Subpart 219.71 

and Appendix I. 

• Lower the approval level at DFARS 

219.705–4(d), from two levels above the 

contracting officer to one level above the 

contracting officer, for small business 

subcontracting plans that contain a 

small disadvantaged business goal of 

less than five percent.

DoD published a proposed rule at 69 

FR 21996 on April 23, 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 rule deletes text that is 

seldom used and revises review 

procedures that are internal to DoD. 

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 Parts 217 and 

219 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR Parts 217 and 219 

are amended as follows:

■ 1. The authority citation for 48 CFR 

Parts 217 and 219 continues to read as 

follows:

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

chapter 1.

PART 217—SPECIAL CONTRACTING 

METHODS

Subpart 217.4—[Removed]

■ 2. Subpart 217.4 is removed.

PART 219—SMALL BUSINESS 

PROGRAMS

■ 3. Section 219.705–4 is amended in 

paragraph (d) by revising the second 

sentence to read as follows:

219.705–4 Reviewing the subcontracting 

plan. 

(d) * * * A small disadvantaged 

business goal of less than five percent 

must be approved one level above the 

contracting officer.

[FR Doc. 04–25825 Filed 11–19–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Part 219 

[DFARS Case 2003–D105] 

Defense Federal Acquisition 

Regulation Supplement; Contracting 

for Architect-Engineer Services

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has adopted as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement Section 1427 of 

the National Defense Authorization Act 

for Fiscal Year 2004. Section 1427 

increases, from $85,000 to $300,000, the 

threshold below which acquisitions for 

architect-engineer services for military 

construction or family housing projects 

are set aside for small business 

concerns.

DATES: Effective November 22, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. 

Euclides Barrera, Defense Acquisition 

Regulations Council, 

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

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0296; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2003–D105.

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published an interim rule at 69 

FR 31909 on June 8, 2004, to implement 

Section 1427 of the National Defense 

Authorization Act for Fiscal Year 2004 

(Pub. L. 108–136). Section 1427 

amended 10 U.S.C. 2855 to increase, 

from $85,000 to $300,000, the threshold 

below which acquisitions for architectVerDate jul<14>2003 15:08 Nov 19, 2004 Jkt 205001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\22NOR1.SGM 22NOR1