74988 Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 

remained unchanged. To reiterate, the 

Commission found that the public 

interest would not be served if the 

Commission were to require 

broadcasters, including NPR, to 

contribute to universal service based on 

the provision of non-common carrier 

telecommunications. In addition, by 

specifically mentioning ITFS licensees 

in its discussion for why broadcasters 

should not have to contribute to 

universal service, the Commission 

intended to treat ITFS licensees in the 

same manner as other broadcasters for 

universal service purposes. As such, 

modification of § 54.706(d) is 

unnecessary.

4. Multipoint Distribution Service 

18. Although we deny WCA’s petition 

and do not revise our rules to include 

MDS licensees that lease capacity to 

wireless cable operators on the list of 

those entities exempt from universal 

service obligations, we clarify that MDS 

licensees are not required to contribute 

to the universal service fund on the 

basis of revenues derived from 

broadcasting services. We further clarify 

that MDS licensees providing interstate 

telecommunications to others for a fee 

on a non-common carrier basis will not 

be exempt from contribution 

requirements. Such a result is consistent 

with section 254(d) of the 1996 Act and 

§§ 54.706(b) and (c) of the Commission’s 

rules. We find WCA has raised no facts 

that would prompt us to exempt an 

MDS licensee that chooses a noncommon carrier status but provides 

services identical to a common carrier 

licensee, and thus competes with the 

common carrier, from universal service 

contribution obligations. 

5. De Minimis Exemption 

19. We conclude that CTIA has 

presented no facts that were not 

previously considered by the 

Commission or that warrant 

reconsideration of the Commission’s 

determination that underlying carriers 

should account for revenues from 

resellers that fall under the de minimis

exemption. Section 254(d) explicitly 

allows the Commission to exempt 

carriers or classes of carriers from 

contribution requirements if their 

contributions would be de minimis. 

Moreover, contrary to CTIA’s assertions, 

directing underlying carriers to exclude 

revenues from de minimis resellers 

would reduce, rather then enlarge, the 

total contribution base. We therefore 

deny CTIA’s request for reconsideration 

of this matter. 

20. We clarify, however, that CMRS 

carriers are required to report revenues 

derived from providing 

telecommunications to entities 

qualifying for the de minimis exemption 

as end-user revenues on the appropriate 

lines of the Telecommunications 

Reporting Worksheet. Nothing in the 

Commission’s rules or implementing 

orders relieves CMRS carriers of this 

obligation. We further clarify that our 

current rules do not require underlying 

facilities-based carriers or CMRS 

carriers to identify specifically on the 

Telecommunications Reporting 

Worksheet their resale customers 

qualifying for the de minimis

exemption. 

21. The Commission will not send a 

copy of this Order on Reconsideration,

in CC Docket No. 96–45, FCC 04–237, 

released November 29, 2004, pursuant 

to the Congressional Review Act, see 5 

U.S.C. 801(a)(1)(A). 

III. Ordering Clauses 

22. Pursuant to the authority 

contained in sections 1–4, 201–205, 

218–220, 214, 254, 303(r), 403, and 410 

of the Communications Act of 1934, as 

amended, 47 U.S.C. 151–154, 201–205, 

218–220, 214, 254, 303(r), 403, and 410, 

this Order on Reconsideration is 

adopted. Pursuant to the authority 

contained in section 405 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 405, and 0.291 and 

1.429 of the Commission’s rules, 47 CFR 

0.291 and 1.429, the petitions for 

reconsideration and supplemental 

notices of the petitions for 

reconsideration of the First Report and 

Order filed by the American Public 

Communications Council in CC Docket 

No. 96–45 is granted, in part, and 

denied, in part. 

23. Pursuant to the authority 

contained in section 405 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 405, and sections 

0.291 and 1.429 of the Commission’s 

rules, 47 CFR 0.291 and 1.429, the 

petitions for reconsideration and 

supplemental notices of the petitions for 

reconsideration of the First Report and 

Order filed by the AMSC/Mobile 

Satellite Ventures Subsidiary LLC, 

AT&T, Puerto Rico Telephone 

Company, Rural Telephone Coalition, 

United States Telephone Association, 

and Wyoming Public Service 

Commission in CC Docket No. 96–45 are 

denied. 

24. Pursuant to the authority 

contained in section 405 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 405, and sections 

0.291 and 1.429 of the Commission’s 

rules, 47 CFR 0.291 and 1.429, the 

petitions for reconsideration of the 

Fourth Order on Reconsideration filed 

by the Cellular Telecommunications 

and Internet Association, Lan Neugent 

and Greg Weisiger, National Public 

Radio, Southern Education 

Communications Association, and 

Wireless Cable Association in CC 

Docket No. 96–45 are denied.

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

[FR Doc. 04–27438 Filed 12–14–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–3815, MB Docket No. 04–192, RM–

10966] 

Digital Television Broadcast Service; 

Honolulu, HI

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the 

request of Pacifica Broadcasting 

Company, licensee of noncommercial 

educational station KALO(TV), 

substitutes DTV channel *10c for DTV 

channel *39c. See 69 FR 34112, June 18, 

2004. DTV channel *10c can be allotted 

to Honolulu in compliance with the 

principle community coverage 

requirements of Section 73.625(a) at 

reference coordinates 21–23045 N. and 

158–05–58 W. with a power of 25, 

HAAT of 577 meters and with a DTV 

service population of 767 thousand. 

With this action, this proceeding is 

terminated.

DATES: Effective January 21, 2005.

FOR FURTHER INFORMATION CONTACT: Pam 

Blumenthal, Media Bureau, (202) 418–

1600.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 04–192, 

adopted December 2, 2004, and released 

December 7, 2004. The full text of this 

document is available for public 

inspection and copying during regular 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC. This document may 

also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 301–

816–2820, facsimile 301–816–0169, or 

via-e-mail joshir@erols.com.

This document does not contain (new 

or modified) information collection 

requirements subject to the Paperwork 

Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 74989

Reduction Act of 1995 (PRA), Public 

Law 104–13. In addition, 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). 

The Commission will send a copy of 

this Report & Order in a report to be sent 

to Congress and the General 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A).

List of Subjects in 47 CFR Part 73 

Digital television broadcasting, 

Television.

■ Part 73 of Title 47 of the Code of 

Federal Regulations is amended as 

follows:

PART 73—[AMENDED]

■ 1. The authority citation for part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.622 [Amended]

■ 2. Section 73.622(b), the Table of 

Digital Television Allotments under 

Hawaii, is amended by removing DTV 

channel *39c and adding DTV channel 

*10c at Honolulu.

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau.

[FR Doc. 04–27446 Filed 12–14–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF DEFENSE

48 CFR Parts 203, 209, and 252 

[DFARS Case 2003–D012] 

Defense Federal Acquisition 

Regulation Supplement; Improper 

Business Practices and Contractor 

Qualifications Relating to Debarment, 

Suspension, and Business Ethics

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to streamline and clarify text 

pertaining to debarment, suspension, 

and improper business practices. This 

rule is a result of a transformation 

initiative undertaken by DoD to 

dramatically change the purpose and 

content of the DFARS.

EFFECTIVE DATE: December 15, 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-D012.

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 include—

• Consolidation of requirements for 

reporting violations and suspected 

violations of certain requirements into a 

new section at DFARS 203.070. This 

results in elimination of DFARS 

sections 203.103, 203.103–2, and 

203.104–10; subparts 203.2, 203.3, and 

203.4; and sections 203.502 and 

203.570–4. 

• Streamlining of text at DFARS 

203.570–1 and 203.570–2 relating to 

prohibitions on persons convicted of 

fraud or other defense-contract-related 

felonies. 

• Revision of the clause at 252.203–

7001, Prohibition on Persons Convicted 

of Fraud or Other Defense-ContractRelated Felonies, to remove unnecessary 

references to first-tier subcontracts in 

paragraphs (b) and (d). Paragraph (g) of 

the clause adequately addresses 

requirements for flow down to first-tier 

subcontracts. 

• Deletion of text at DFARS 203.570–

3 relating to internal DoD procedures for 

waiver of the 5-year period for 

prohibitions on persons convicted of 

fraud or other defense-contract-related 

felonies; and deletion of text at DFARS 

209.105–2, 209.406–3, and 209.407–3 

containing internal DoD procedures for 

referral of matters to agency debarment 

and suspension officials. This text has 

been relocated to the new DFARS 

companion resource, Procedures, 

Guidance, and Information (PGI), 

available at http://www.acq.osd.mil/

dpap/dars/pgi.

DoD published a proposed rule at 69 

FR 8146 on February 23, 2004. Two 

sources submitted comments on the 

proposed rule. A discussion of the 

comments is provided below: 

1. Comment: Section 203.070, which 

specifies the violations or suspected 

violations that must be reported, should 

also include: the Truth in Negotiations 

Act (19 U.S.C. 2306(f)); the False Claims 

Act (31 U.S.C. 3729 et seq.); a reference 

to FAR 9.406–2(a)(3), which lists causes 

for debarment; and a reference to FAR 

9.407–2(a)(3), which lists causes for 

suspension. 

DoD Response: Do not agree. Since 

section 203.070 falls within the scope of 

FAR Part 3 and DFARS Part 203, 

Improper Business Practices and 

Personal Conflicts of Interest, the 

violations listed in section 203.070 are 

limited to those addressed in FAR Part 

3 and DFARS Part 203. 

2. Comment: In section 203.070, the 

reference to ‘‘DoDD 7075.5’’ should be 

corrected to read ‘‘DoDD 7050.5.’’

DoD Response: Agree. This correction 

has been included in the final rule. 

3. Comment: In section 203.070(c), the 

reference to the gratuities clause should 

be corrected to read ‘‘FAR 3.203.’’

DoD Response: Agree. This correction 

has been included in the final rule. 

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 streamlines and 

clarifies existing DFARS text, with no 

substantive change in policy. 

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 203, 

209, and 252 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR Parts 203, 209, and 

252 are amended as follows: