45072 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations 

WCS licensees that intend to modify an 

existing base station must, before 

commencing such modified operation, 

provide 5 business days prior notice to 

all SDARS licensees. For the purposes 

of this section, a business day is defined 

by § 1.4(e)(2) of this chapter. 

(c) Contents of notice. (1) Notification 

must be written (e.g., certified letter, fax, 

or e-mail) and include the licensee’s 

name, and the name, address, and 

telephone number of its coordination 

representative, unless the SDARS 

licensee and all potentially affected 

WCS licensees reach a mutual 

agreement to provide notification by 

some other means. WCS licensees and 

SDARS licensees may establish such a 

mutually agreeable alternative 

notification mechanism without prior 

Commission approval, provided that 

they comply with all other requirements 

of this section. 

(2) Regardless of the notification 

method, it must specify relevant 

technical details, including, at a 

minimum: 

(i) The coordinates of the proposed 

base station to an accuracy of no less 

than ± 1 second latitude and longitude; 

(ii) The proposed operating power(s), 

frequency band(s), and emission(s); 

(iii) The antenna center height above 

ground and ground elevation above 

mean sea level, both to an accuracy of 

no less than ± 1 meter; 

(iv) The antenna gain pattern(s) in the 

azimuth and elevation planes that 

include the peak of the main beam; and 

(v) The antenna downtilt angle(s). 

(3) A WCS licensee operating base 

stations must maintain an accurate and 

up-to-date inventory of its base stations, 

including the information set forth in 

§ 27.72(c)(2), which shall be available 

upon request by the Commission. 

(d) Calculation of notice period. 

Notice periods are calculated from the 

date of receipt by the licensee being 

notified. If notification is by mail, the 

date of receipt is evidenced by the 

return receipt on certified mail. If 

notification is by fax, the date of receipt 

is evidenced by the notifying party’s fax 

transmission confirmation log. If 

notification is by e-mail, the date of 

receipt is evidenced by a return e-mail 

receipt. If the SDARS licensee and all 

potentially affected WCS licensees reach 

a mutual agreement to provide 

notification by some other means, that 

agreement must specify the method for 

determining the beginning of the notice 

period. 

(e) Duty to cooperate. WCS licensees 

must cooperate in good faith in the 

selection and use of new station sites 

and new frequencies to reduce 

interference and make the most effective 

use of the authorized facilities. WCS 

licensees should provide SDARS 

licensees as much lead time as 

practicable to provide ample time to 

conduct analyses and opportunity for 

prudent base station site selection prior 

to WCS licensees entering into real 

estate and tower leasing or purchasing 

agreements. WCS licensees must have 

sufficient operational flexibility in their 

network design to implement one or 

more technical solutions to remedy 

harmful interference. Licensees of 

stations suffering or causing harmful 

interference must cooperate in good 

faith and resolve such problems by 

mutually satisfactory arrangements. If 

the licensees are unable to do so, the 

Wireless Telecommunications Bureau, 

in consultation with the Office of 

Engineering and Technology and the 

International Bureau, will consider the 

actions taken by the parties to mitigate 

the risk of and remedy any alleged 

interference. In determining the 

appropriate action, the Bureau will take 

into account the nature and extent of the 

interference and act promptly to remedy 

the interference. The Bureau may 

impose restrictions on WCS licensees, 

including specifying the transmitter 

power, antenna height, or other 

technical or operational measures to 

remedy the interference, and will take 

into account previous measures by the 

licensees to mitigate the risk of 

interference. 

14. Section 27.73 is added to read as 

follows: 

§ 27.73 WCS, AMT, and Goldstone 

coordination requirements. 

This section requires Wireless 

Communications Services (WCS) 

licensees in the 2345–2360 MHz band to 

coordinate the deployment of base 

stations with Aeronautical Mobile 

Telemetry (AMT) facilities in the 2360– 

2395 MHz band; and to take all 

practicable steps necessary to minimize 

the risk of harmful interference to AMT 

facilities. 

(a) Wireless Communications Service 

(WCS) licensees operating base stations 

in the 2345–2360 MHz band shall, prior 

to operation of such base stations, 

achieve a mutually satisfactory 

coordination agreement with the 

Aerospace and Flight Test Radio 

Coordinating Council (AFTRCC) for any 

AMT receiver facility within 45 

kilometers or the radio line of sight, 

whichever distance is larger, of the 

intended WCS base station location. 

This coordination is necessary to protect 

AMT receive systems consistent with 

Recommendation ITU–R M.1459. The 

locations of the current and planned 

Federal and non-Federal AMT receiver 

sites may be obtained from AFTRCC. 

(b) WCS licensees operating base 

stations in the 2305–2320 MHz band 

shall, prior to operation of such base 

stations, achieve a mutually satisfactory 

coordination agreement with the 

National Aeronautics and Space 

Administration (NASA) within 145 

kilometers of the Goldstone, CA earth 

station site (35°25′33′′ N, 116°53′23′′ W). 

(c) After base station operations 

commence, upon receipt of a complaint 

of harmful interference, the WCS 

licensee(s) receiving the complaint, no 

matter the distance from the NASA 

Goldstone, CA earth station or from an 

AMT site, operating in the 2305–2320 or 

2345–2360 MHz bands, respectively, 

shall take all practicable steps to 

immediately eliminate the interference. 

(d) Duty to cooperate. WCS licensees, 

AFTRCC, and NASA must cooperate in 

good faith in the coordination and 

deployment of new facilities. WCS 

licensees must also cooperate in good 

faith in the selection and use of new 

station sites and new frequencies when 

within radio line of site of AMT receiver 

facilities to reduce the risk of harmful 

interference and make the most effective 

use of the authorized facilities. 

Licensees of stations suffering or 

causing harmful interference must 

cooperate in good faith and resolve such 

problems by mutually satisfactory 

arrangements. If the licensees are unable 

to do so, the Wireless 

Telecommunications Bureau, in 

consultation with the Office of 

Engineering and Technology and the 

National Telecommunications and 

Information Administration may impose 

restrictions including specifying the 

transmitter power, antenna height, or 

area or hours of operation of the 

stations. 

[FR Doc. 2010–18803 Filed 7–30–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Federal Acquisition 

Regulations System 

48 CFR Parts 205, 207, 208, 209, 211, 

215, 216, 217, 219, 225, 228, 232, 237, 

246, 250, and 252 

RIN 0750–AG41 

Defense Federal Acquisition 

Regulation Supplement; Inflation 

Adjustment of Acquisition-Related 

Thresholds (DFARS Case 2009–D003) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 


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Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations 45073 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement the recurring 

requirement of section 807 of the 

Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005. 

Section 807 provides for adjustment 

every 5 years of statutory acquisitionrelated thresholds, except for DavisBacon Act, Service Contract Act, and 

trade agreements thresholds. This final 

rule also adjusts some non-statutory 

acquisition-related thresholds. 

DATES: Effective Date: October 1, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, 703–602–0328. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The first review of DFARS 

acquisition-related thresholds to 

implement section 807 of the Ronald W. 

Reagan National Defense Authorization 

Act for Fiscal Year 2005 (Pub. L. 108– 

375) was conducted under DFARS Case 

2004–D022 during fiscal year 2005. The 

final DFARS rule was published in the 

Federal Register on December 19, 2006 

(71 FR 75891). 

This is the second review of DFARS 

acquisition-related thresholds. DoD 

published a proposed rule on January 

20, 2010 (75 FR 3187). The preamble to 

the proposed rule contained a detailed 

explanation of— 

• What an acquisition-related 

threshold is; 

• Which acquisition-related 

thresholds are not subject to escalation 

adjustment under this case; and 

• How DoD analyzes statutory and 

non-statutory acquisition-related 

thresholds. 

No public comments were received. 

This rule was subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this rule will not 

have a substantial economic impact on 

small business because the adjustment 

of acquisition-related thresholds for 

inflation just maintains the status quo. 

No comments were received regarding 

impact on small business. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

apply. The proposed changes to the 

DFARS do not impose new information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. 3501, et 

seq. They maintain the following 

information collection requirements at 

the status quo by adjusting the 

thresholds for inflation: 

0704–0229—Defense Federal 

Acquisition Regulation Supplement 

Part 225, Foreign Acquisition, and 

Related Clauses at 252.225. (DFARS 

252.225–7003, 252.225–7004, 

252.225–7006) 

0704–0187—Information Collection in 

Support of the DoD Acquisition 

Process (Solicitation Phase) (DFARS 

252.209–7001 and 252.209–7004) 

List of Subjects in 48 CFR Parts 205, 

207, 208, 209, 211, 215, 216, 217, 219, 

225, 228, 232, 237, 246, 250, and 252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 205, 207, 208, 

209, 211, 215, 216, 217, 219, 225, 228, 

232, 237, 246, 250, and 252 are 

amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 205, 207, 208, 209, 211, 215, 216, 

217, 219, 225, 228, 232, 237, 246, 250, 

and 252 continues to read as follows: 

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

chapter 1. 

PART 205—PUBLICIZING CONTRACT 

ACTIONS 

§ 205.303 [Amended] 

■ 2. Section 205.303 is amended by 

removing ‘‘$5.5 million’’ and adding in 

its place ‘‘$6.5 million’’ in the following 

places: 

■ a. In paragraph (a)(i) introductory text, 

in the first and second sentences; 

■ b. In paragraph (a)(i)(A), in the second 

sentence; and 

■ c. In paragraph (a)(i)(B), in the first 

and second sentences. 

PART 207—ACQUISITION PLANNING 

207.170–3 [Amended] 

■ 3. Section 207.170–3 is amended in 

paragraph (a) introductory text by 

removing ‘‘$5.5 million’’ and adding in 

its place ‘‘$6 million’’. 

PART 208—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

208.405–70 [Amended] 

■ 4. Section 208.405–70 is amended by 

removing ‘‘$100,000’’ and adding in its 

place ‘‘$150,000’’ in the following 

places: 

■ a. Paragraph (b) in the introductory 

text; and 

■ b. Paragraph (c) in the introductory 

text. 

PART 209—CONTRACTOR 

QUALIFICATIONS 

209.104–1 [Amended] 

■ 5. Section 209.104–1 is amended in 

paragraph (g)(i)(A) introductory text by 

removing ‘‘$100,000’’ and adding in its 

place ‘‘$150,000’’. 

209.104–70 [Amended] 

■ 6. Section 209.104–70 is amended in 

paragraph (a) by removing ‘‘$100,000’’ 

and adding in its place ‘‘$150,000’’. 

209.409 [Amended] 

■ 7. Section 209.409 is amended by 

removing ‘‘$100,000’’ and adding in its 

place ‘‘$150,000’’. 

PART 211—DESCRIBING AGENCY 

NEEDS 

211.503 [Amended] 

■ 8. Section 211.503 is amended in 

paragraph (b), in the first and second 

sentences, by removing ‘‘$550,000’’ and 

adding in its place ‘‘$650,000’’. 

PART 215—CONTRACTING BY 

NEGOTIATION 

215.407–2 [Amended] 

■ 9. Section 215.407–2 is amended in 

paragraph (e)(1) by removing ‘‘$1 

million’’ and adding in its place ‘‘$1.5 

million’’. 

PART 216—TYPES OF CONTRACTS 

216.505–70 [Amended] 

■ 10. Section 216.505–70 is amended by 

removing ‘‘$100,000’’ and adding in its 

place ‘‘$150,000’’ in the following 

places: 

■ a. In paragraph (a)(2); 

■ b. In paragraph (b) introductory text; 

and 

■ c. In paragraph (c) introductory text. 

PART 217—SPECIAL CONTRACTING 

METHODS 

■ 11. Section 217.170 is amended by 

revising paragraph (e)(1)(i) to read as 

follows: 

217.170 General. 

* * * * * 

(e)(1) * * * 

(i) Exceed $500 million for supplies 

(see 217.172(d); and 217.172(f)(3)) or 

$625.5 million for services (see 

217.171(a)(6); 

* * * * * 

217.171 [Amended] 

■ 12. Section 217.171 is amended in 

paragraph (a)(6) by removing ‘‘$572.5 

million’’ and adding in its place ‘‘$625.5 

million’’. 


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45074 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations 

PART 219—SMALL BUSINESS 

PROGRAMS 

■ 13. Section 219.201 is amended by 

revising paragraph (d)(10)(A) to read as 

follows: 

219.201 General policy. 

(d) * * * 

(10) * * * 

(A) Reviewing and making 

recommendations for all acquisitions 

(including orders placed against Federal 

Supply Schedule contracts) over 

$10,000, except those under the 

simplified acquisition threshold that are 

totally set aside for small business 

concerns in accordance with FAR 

19.502–2. Follow the procedures at PGI 

219.201(d)(10) regarding such reviews. 

* * * * * 

219.502–1 [Amended] 

■ 14. Section 219.502–1 is amended in 

paragraph (2) by removing ‘‘$300,000’’ 

and adding in its place ‘‘$350,000’’. 

219.502–2 [Amended] 

■ 15. Section 219.502–2 is amended in 

paragraphs (a)(ii) and (a)(iii) by: 

■ a. Removing ‘‘$1 million’’ from 

paragraph (a)(ii) and adding in its place 

‘‘$1.5 million’’; and 

■ b. Removing ‘‘$300,000’’ from 

paragraph (a)(iii) and adding in its place 

‘‘$350,000’’. 

219.1005 [Amended] 

■ 16. Section 219.1005 is amended in 

paragraphs (a)(i)(B), (a)(i)(C), and 

(a)(i)(D) by removing ‘‘$300,000’’ and 

adding in its place ‘‘$350,000’’. 

PART 225—FOREIGN ACQUISITION 

225.103 [Amended] 

■ 17. Section 225.103 is amended in 

paragraphs (a)(ii)(B)(2), (a)(ii)(B)(3), 

(b)(ii)(B), and (b)(ii)(C) by removing 

‘‘$1,000,000’’ and adding in its place 

‘‘$1.5 million’’. 

225.7204 [Amended] 

■ 18. Section 225.7204 is amended as 

follows: 

■ a. In paragraphs (a) and (b) by 

removing ‘‘$11.5 million’’ and adding in 

its place ‘‘$12.5 million’’. 

■ b. In paragraph (c) by removing 

‘‘$550,000’’ and adding in its place 

‘‘$650,000’’. 

225.7703–2 [Amended] 

■ 19. Section 225.7703–2 is amended in 

paragraphs (b)(2)(i) and (b)(2)(ii) by 

removing ‘‘$78.5 million’’ and adding in 

its place ‘‘$85.5 million’’. 

PART 228—BONDS AND INSURANCE 

228.102–1 [Amended] 

■ 20. Section 228.102–1 is amended in 

paragraph (1) by removing ‘‘$100,000’’ 

and adding in its place ‘‘$150,000’’. 

PART 232—CONTRACT FINANCING 

232.404 [Amended] 

■ 21. Section 232.404 is amended in 

paragraph (a)(9) by removing ‘‘$3,000’’ 

and adding in its place ‘‘the micropurchase threshold’’. 

232.502–1 [Amended] 

■ 22. Section 232.502–1 is amended in 

paragraph (b)(1) by removing ‘‘$55,000’’ 

and adding in its place ‘‘$65,000’’. 

PART 237—SERVICE CONTRACTING 

237.170–2 [Amended] 

■ 23. Section 237.170–2 is amended in 

paragraphs (a)(1) and (2) by removing 

‘‘$78.5 million’’ and adding in its place 

‘‘$85.5 million’’. 

PART 246—QUALITY ASSURANCE 

246.402 [Amended] 

■ 24. Section 246.402 is amended in the 

introductory text by removing 

‘‘$250,000’’ and adding in its place 

‘‘$300,000’’. 

PART 250—EXTRAORDINARY 

CONTRACTUAL ACTIONS AND THE 

SAFETY ACT 

250.102–1 

■ 25. Section 250.102–1 is amended in 

paragraph (b) by removing ‘‘$55,000’’ 

and adding in its place ‘‘$65,000’’. 

250.102–1–70 [Amended] 

■ 26. Section 250.102–1–70 is amended 

in paragraph (b)(1) by removing 

‘‘$55,000’’ and adding in its place 

‘‘$65,000’’. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.211–7000 [Amended] 

■ 27. Section 252.211–7000 is amended 

as follows: 

■ a. By revising the clause date to read 

‘‘(OCT 2010)’’; and 

■ b. In paragraph (d) by removing ‘‘$1 

million’’ and adding in its place ‘‘$1.5 

million’’. 

252.225–7003 [Amended] 

■ 28. Section 252.225–7003 is as 

follows: 

■ a. By revising the clause date to read 

‘‘(OCT 2010)’’; 

■ b. In paragraph (b)(1) by removing 

‘‘$11.5 million’’ and adding in its place 

‘‘$12.5 million’’; and 

■ c. In paragraph (b)(2)(i) by removing 

‘‘$550,000’’ and adding in its place 

‘‘$650,000’’. 

252.225–7004 [Amended] 

■ 29. Section 252.225–7004 is amended 

as follows: 

■ a. By revising the clause date to read 

‘‘(OCT 2010)’’; and 

■ b. In paragraph (b)(1) by removing 

‘‘$550,000’’ and adding in its place 

‘‘$650,000’’. 

252.225–7006 [Amended] 

■ 30. Section 252.225–7006 is amended 

as follows: 

■ a. By revising the clause date to read 

‘‘(OCT 2010)’’; and 

■ b. In paragraph (f)(1) by removing 

$550,000’’ and adding in its place 

$650,000’’. 

252.249–7002 [Amended] 

■ 31. Section 252.249–7002 is amended 

as follows: 

■ a. By revising the clause date to read 

‘‘(OCT 2010)’’; 

■ b. In paragraph (d)(1) by removing 

$550,000’’ and adding in its place 

‘‘$650,000’’; and 

■ c. In paragraphs (d)(2)(i) and (ii) by 

removing ‘‘$100,000’’ and adding in its 

place ‘‘$150,000’’. 

[FR Doc. 2010–18738 Filed 7–30–10; 8:45 am] 

BILLING CODE 5001–08–P 


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