Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules 4947

1Copies may be obtained, at cost, from the

National Technical Information Service, 5285 Port

Royal Road, Springfield, VA 22121. 2See footnote 1 to § 247.1.

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 247

[RIN 0790–AG37]

Department of Defense Newspapers,

Magazines and Civilian Enterprise

Publications

AGENCY: Office of the Secretary of

Defense, DoD.

ACTION: Proposed rule.

SUMMARY: This rule revises and provides

DoD policy and updates procedures to

meet changed circumstances for

publishing DoD internal command

information newspapers, magazines and

civilian enterprise publications. It has

minimal impact on some civilian

printers who are contracted to print the

publications.

DATE: Written comments on this

proposed rule must be received by April

4, 1997.

ADDRESSES: Forward comments to

American Forces Information Service,

Attn: Print Media Policy, 601 N. Fairfax

St., Alexandria, Virginia 22314–2007.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Colonel Frank Theising,

USA, (703) 428–0628.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, ‘‘Regulatory

Planning and Review’’

It has been determined that 32 CFR

part 247 is not a significant regulatory

action. The rule does not:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy; a sector of the economy;

productivity; competition; jobs; the

environment; public health or safety; or

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs, or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in this Executive Order.

Public Law 96–354, ‘‘Regulatory

Flexibility Act’’ (5 U.S.C. 601)

It has been certified that this rule is

not subject to the Regulatory Flexibility

Act (5 U.S.C. 601) because it would not,

if promulgated, have a significant

economic impact on a substantial

number of small entities.

Public Law 96–511, ‘‘Paperwork

Reduction Act’’ (44 U.S.C. Chapter 44)

It has been certified that 32 CFR part

247 does not impose any reporting or

recordkeeping requirements under the

Paperwork Reduction Act of 1980 (44

U.S.C. 3501–3520).

List of Subjects in 32 CFR Part 247

Defense communications,

Government publications, Newspapers

and magazines.

Accordingly, 32 CFR part 247 is

proposed to be revised to read as

follows:

PART 247—DEPARTMENT OF

DEFENSE NEWSPAPERS, MAGAZINES

AND CIVILIAN ENTERPRISE

PUBLICATIONS

Sec.

247.1 Purpose.

247.2 Applicability.

247.3 Definitions.

247.4 Policy.

247.5 Responsibilities.

247.6 Procedures.

247.7 Information requirements.

Appendix A to part 247—Funded

Newspapers and Magazines

Appendix B to part 247—CE Publications

Appendix C to part 247—Mailing of DoD

Newspapers, Magazines, CE Guides, and

Installation Maps; Sales and Distribution

of Non-DoD Publications

Appendix D to part 247—AFIS Print Media

Directorate

Appendix E to part 247—DoD Command

Newspaper and Magazine Review

System

Authority: 10 U.S.C. 121 and 133.

§ 247.1 Purpose.

This part implements DoD Directive

5122.10 1 and implements policy,

assigns responsibilities, and prescribes

procedures concerning authorized DoD

Appropriated Funded (APF)

newspapers and magazines, and

Civilian Enterprise (CE) newspapers,

magazines, guides, and installation

maps in support of the DoD Internal

Information Program.

§ 247.2 Applicability.

This part:

(a) Applies to the Office of the

Secretary of Defense (OSD), the Military

Departments, the Chairman of the Joint

Chiefs of Staff, the Combatant

Commands, the Defense Agencies, and

the DoD Field Activities (hereafter

referred to collectively as ‘‘the DoD

Components’’). The term ‘‘Military

Services,’’ as used herein, refers to the

Army, the Navy, the Air Force, the

Marine Corps, and includes the Coast

Guard when operating as a Military

Service in the Navy.

(b) Does not apply to the Stars and

Stripes (S&S) newspapers and business

operations. S&S guidance is provided in

DoD Directive 5122.11.2

(c) The term Commander, as used in

this part, also means Heads of the DoD

Components.

§ 247.3 Definitions.

Civilian Enterprise (CE) guides and

installation maps. Authorized

publications containing advertising that

are prepared and published under

contract with commercial publishers.

The right to circulate the advertising in

these publications to the DoD

readership constitutes contractual

consideration to pay for these DoD

publications. The publications become

the property of the command,

installation, or intended recipient upon

delivery in accordance with terms of the

contract. Categories of these

publications are:

(1) Guides. Publications that provide

DoD personnel with information about

the mission of their command; the

availability of command, installation, or

community services; local geography;

historical background; and other

information. These publications may

include installation telephone

directories at the discretion of the

commander.

(2) Installation maps. Publications

designed for orientation of new arrivals

or for visitors.

CE publications. CE newspapers, CE

magazines, CE guides and installation

maps produced commercially under the

CE concept.

DoD newspapers. Authorized,

unofficial publications, serving as part

of the commander’s internal information

program, that support DoD command

internal communication requirements.

Usually, they are distributed weekly or

monthly. DoD newspapers contain most,

if not all, of the following elements to

communicate with the intended DoD

readership: command, military

department, and DoD news and features;

commanders’ comments; letters to the

editor; editorials; commentaries;

features; sports; entertainment items;

morale; welfare, and recreation news

and announcements; photography; line

art; and installation and local

community news and announcements.

DoD newspapers do not necessarily

reflect the official views of, or

endorsement of content by, the

Department of Defense.
4948 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules

3See footnote 1 to § 247.1.

(1) CE newspapers. Newspapers

published by commercial publishers

under contract with the DoD

Components or their subordinate

commands. The commander or public

affairs office provides oversight and

final approval authority for the news

and editorial content of the paper.

Authorized news and information

sources include the Office of the

Assistant Secretary of Defense for Public

Affairs (OASD(PA)), AFIS, the Military

Departments, their subordinate levels of

command, and other Government

Agencies. CE contractor personnel may

provide material for use in the

newspaper if approved by the

commander or public affairs officer

(PAO), as the commander’s

representative. These newspapers

contain advertising sold by the

commercial publisher on the same basis

as for CE guides and installation maps

and may contain supplements or inserts.

They become the property of the

command, installation, or intended

recipient upon delivery in accordance

with terms of the contract.

(2) Funded newspapers. Newspapers

published by the DoD Components or

their subordinate commands using

appropriated funds. The editorial

content of these newspapers is prepared

by the internal information section of

the public affairs staff or other internal

sources. Usually, these newspapers are

printed by the Government Printing

Office (GPO) or under GPO contract in

accordance with Government printing

regulations. DoD Directive 5330.3 3

specifies DPS as the sole DoD conduit

to the GPO.

(3) Overseas Combatant Command

newspapers. Newspapers published for

overseas audiences approved by the

Assistant Secretary of Defense for Public

Affairs (ASD(PA)) to provide world,

U.S., and regional news from

commercial sources, syndicated

columns, editorial cartoons, and

applicable U.S. Government,

Department of Defense, Component, and

subordinate command news and

information.

(4) News bulletins and summaries.

Publications of deployed or isolated

commands and ships compiled from

national and international news and

opinion obtained from authorized

sources. News bulletins or summaries

may be authorized by the next higher

level of command when no daily

English language newspapers are readily

available.

Inserts. A flier, circular, or

freestanding advertisement placed

within the folds of the newspaper. No

disclaimer or other labeling is required.

Magazines. Authorized, unofficial

publications, serving as part of the

commander’s internal information

program. They are produced and

distributed periodically, usually

monthly, and contain information of

interest to personnel of the publishing

DoD component or organization. They

usually reflect a continuing policy as to

purpose, format, and content. They are

normally non-directive in nature and

are published to inform, motivate, and

improve the performance of the

personnel and organization. They may

be published as funded magazines or

under the CE concept.

Option. A unilateral right in a contract

by which, for a specified time, the

Government may elect to acquire

additional supplies or services called for

by the contract, or may elect to extend

the term of the contract.

Organizational terms.

(1) Command. A unit or units, an

organization, or an area under the

command of one individual. It includes

organizations headed by senior civilians

that require command internal

information-type media.

(2) DoD Components. See § 247.2(a).

(3) Installation. A DoD facility or ship

that serves as the base for one or more

commands. Media covered by this part

may serve the command communication

needs of one or several commands

located at one installation.

(4) Major command. A designated

command such as the Air Mobility

Command or the Army Forces

Command that serves as the

headquarters for subordinate commands

or installations that have the same or

related missions.

(5) Subordinate levels. Lower levels or

command.

Publications. As used in this part,

‘‘publications’’ refers to DoD

newspapers, magazines, guides and/or

installation maps serving the

commander’s internal information

program.

Supplements. Features, advertising

sections, or morale, welfare and

recreation sections printed with or

inserted into newspapers for

distribution. Supplements must be

labeled ‘‘Supplement to the (name of

newspaper).’’ Editorial content in

supplements is subject to approval by

the commander or the PAO as his or her

agent.

§ 247.4 Policy.

It is DoD policy that:

(a) A free flow of news and

information shall be provided to all DoD

personnel without censorship or news

management. The calculated

withholding of news unfavorable to the

Department of Defense is prohibited.

(b) News coverage and other editorial

content in DoD publications shall be

factual and objective. News and

headlines shall be selected using the

dictates of good taste. Morbid,

sensational, or alarming details not

essential to factual reporting shall be

avoided.

(c) DoD publications shall distinguish

between fact and opinion, both of which

may be part of a news story. When an

opinion is expressed, the person or

source shall be identified. Accuracy and

balance in coverage are paramount.

(d) DoD publications shall distinguish

between editorials (command position)

and commentaries (personal opinion) by

clearly identifying them as such.

(e) News content in DoD publications

shall be based on releases, reports, and

materials provided by the DoD

Components and their subordinate

levels, DoD newspaper staff members,

and other government agencies. DoD

publications shall credit sources of all

material other than local, internal

sources. This includes, but is not

limited to, Military Department news

sources, American Forces Information

Service, and command news releases.

(f) DoD publications may contain

articles of local interest to installation

personnel produced outside official

channels (e.g., stringers, local

organizations), provided that the

author’s permission has been obtained,

the source is credited, and they do not

otherwise violate this part.

(g) DoD publications normally shall

not be authorized the use of commercial

news and opinion sources, such as

Associated Press (AP), United Press

International (UPI), New York Times,

etc., except as stated in this paragraph

and the following paragraph. The use of

such sources is beyond the scope of the

mission of command or installation

publications and puts them in direct

competition with commercial

publications. The use of such sources

may be authorized for a specific DoD

newspaper by the cognizant DoD

Component only when other sources of

national and international news and

opinion are not available.

(h) Overseas Combatant Command

newspapers published outside the

United States may purchase or contract

for and carry news stories, features,

syndicated columns, and editorial

cartoons from commercial services or

sources. A balanced selection of

commercial news or opinion shall

appear in the same issue and same page,

whenever possible, but in any case, over

a reasonable time period. Selection of
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules 4949

4See footnote 1 to § 247.1

5See footnote 1 to § 247.1

6See footnote 1 to § 247.1

7See footnote 1 to § 247.1

8See footnote 1 to § 247.1

9See footnote 1 to § 247.1

10See footnote 1 to § 247.1

commercial news sources, syndicated

columns, and editorial cartoons to be

purchased or contracted for shall be

approved by the Commanders. Overseas

Combatant Command newspapers, news

bulletins, and news summaries

authorized to carry national and world

news may include coverage of U.S.

political campaign news from

commercial news sources. Presentation

of such political campaign news shall be

made on a balanced, impartial, and

nonpartisan basis.

(i) The masthead of all DoD

publications shall contain the following

disclaimer printed in type no smaller

than 6-point: ‘‘This (DoD newspaper,

magazine, guide or installation map) is

an authorized publication for members

of the Department of Defense. Contents

of (name of the DoD newspaper/

magazine/this guide/this installation

map) are not necessarily the official

views of, or endorsed by, the U.S.

Government, the Department of Defense,

or) the name of the publishing DoD

Component).’’

(j) The masthead of DoD CE

publications shall contain the following

statements in addition to that contained

in paragraph (i) of this section:

(1) ‘‘Published by (name), a private

firm in no way connected with the

(Department of Defense/the U.S. Army/

the U.S. Navy/ the U.S. Air Force/the

U.S. Marine Corps) under exclusive

written contract with (DoD Component

or subordinate level).’’

(2) ‘‘The appearance of advertising in

this publication, including inserts or

supplements, does not constitute

endorsement by the (Department of

Defense/the U.S. Army/the U.S. Navy/

the U.S. Air Force/the U.S. Marine

Corps), or (name of commercial

publisher) of the products or services

advertised.’’

(3) ‘‘Everything advertised in this

publication shall be made available for

purchase, use, or patronage without

regard to race, color, religion, sex,

national origin, age, marital status,

physical handicap, political affiliation,

or any other nonmerit factor of the

purchaser, user, or patron.’’ If a

violation or rejection of this equal

opportunity policy by an advertiser is

confirmed, the publisher shall refuse to

print advertising from that source until

the violation is corrected.

(k) DoD publications shall not contain

campaign news, partisan discussions,

cartoons, editorials, or commentaries

dealing with political campaigns,

candidates, or issues. DoD CE

publications shall not carry paid

political advertisements for a candidate,

party, or which advocate a particular

position on a political issue. This

includes those advertisements

advocating a position on any proposed

DoD policy or policy under review.

(l) DoD newspapers shall support the

Federal Voting Assistance Program by

carrying factual information about

registration and voting laws, especially

those on absentee voting requirements

of the various States, the District of

Columbia, Puerto Rico, and U.S.

territories and possessions. DoD

newspapers shall use voting materials

provided by the Director, Federal Voting

Assistance Program; the OSD; and the

Military Departments. Such information

is designed to encourage DoD personnel

to register as voters and to exercise their

right to vote as outlined in DoD

Directive 1000.4.4

(m) DoD publications shall comply

with DoD Instruction 1100.13 5

pertaining to polls, surveys, and straw

votes.

(1) The DoD Components and

subordinate levels may authorize polls

on matters of local interest, such as

soldier of the week, and favorite athlete.

(2) A DoD publication shall not

conduct a poll, a survey, or a straw vote

relating to a political campaign or issue.

(3) Opinion surveys must be in

compliance with Military Service

regulations.

(n) DoD newspapers will support

officially authorized fund-raising

campaigns (e.g., Combined Federal

Campaign (CFC)) within the Department

of Defense in accordance with DoD

Directive 5035.1.6 News coverage of the

campaign will not discuss monetary

goals, quotas, competition or tallies or

solicitation between or among agencies.

To avoid any appearance of

endorsement, features and news

coverage will discuss the campaign in

general and not address specific

agencies within the CFC.

(o) DoD publications shall not:

(1) Contain any material that implies

that the DoD Components or their

subordinate levels endorse or favor a

specific commercial product,

commodity, or service.

(2) Subscribe, even at no cost, to a

commercial or feature wire or other

service whose primary purpose is the

advertisement or promotion of

commercial products, commodities, or

services.

(3) Carry any advertisement that

violates or rejects DoD equal

opportunity policy. (See paragraph (j)(3)

of this section.)

(p) All commercial advertising,

including advertising supplements,

shall be clearly identifiable as such.

Paid advertorials and advertising

supplements may be included but must

be clearly labeled as advertising and

readily distinguishable from editorial

content.

(q) Alteration of official photographic

and video imagery will comply with

DoD Directive 5040.5.7

(r) Commercial sponsors of Armed

Forces Professional Entertainment

Program events and morale, welfare and

recreation events may be mentioned

routinely with other pertinent facts in

news stories and announcements in

DoD newspapers. (See DoD Instructions

1330.13 8 and 1015.2 9

(s) Book, radio, television, movie,

travel, and other entertainment reviews

may be carried if written objectively and

if there is no implication of

endorsement by the Department of

Defense or any of its Components or

their subordinate levels.

(t) All printing using appropriate

funds will be obtained in accordance

with DoD Directive 5330.3.

(u) Although DoD internet web sites

are normally discouraged from linking

to commercial activities, the

commander may authorize an

installation web site to be linked to the

web site carrying the authorized civilian

enterprise publication.

§ 247.5 Responsibilities.

(a) The Assistant Secretary of Defense

for Public Affairs, consistent with DoD

Directive 5122.5,10 shall:

(1) Develop policies and provide

guidance on the administration of the

DoD Internal Information Program.

(2) Provide policy and operational

direction to the Director, AFIS.

(3) Monitor and evaluate overall

mission effectiveness within the

Department of Defense for matters under

this part.

(b) The Director, American Forces

Information Service, shall:

(1) Develop and oversee the

implementation of policies and

procedures pertaining to the

management, content, and publication

of DoD publications encompassed by

this part.

(2) Serve as DoD point of contact with

the Joint Committee on Printing,

Congress of the United States, for

matters under this part.

(3) Serve as the DoD point of contact

in the United States for Combatant

Command newspaper matters.

(4) Provide guidance to the Combatant

Commands, Military Departments, and
4950 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules

11See footnote 1 to § 247.1.

12See footnote 1 to § 247.1.

13See footnote 1 to § 247.1.

14See footnote 1 to § 247.1. 15See footnote 1 to § 247.1.

other DoD Components pertaining to

DoD publications.

(5) Monitor effectiveness of business

and financial operations of DoD

publications and provide business

counsel and assistance, as appropriate.

(6) Sponsor a DoD Interservice

Newspaper Committee and a Flagship

Periodicals Committee composed of

representatives of the Military

Departments to coordinate DoD

command or installation newspaper

matters and flagship periodicals matters,

respectively.

(7) Provide a press service for jointService news and information for use by

authorized DoD publication editors.

(c) The Secretaries of the Military

Departments shall:

(1) Provide policy guidance and

assistance to the Department’s

publications.

(2) Encourage the use of CE

publications when they are the most

cost-effective means of fulfilling the

command communication requirement.

(3) Ensure that adequate resources are

available to support authorized internal

information products under this part.

(4) Designate a member of their public

affairs staff to serve on the DoD

Interservice Newspaper Committee.

(5) Ensure all printing obtained with

appropriated funds complies with DoD

Directive 5330.3.

(d) The Commanders of Combatant

Commands shall:

(1) Publish Combatant Command

newspapers, if authorized. In

discharging this responsibility, the

Commander shall ensure that policy,

direction, resources, and administrative

support are provided, as required, to

produce a professional quality

newspaper to support the command

mission.

(2) Ensure that the newspaper is

prepared to support U.S. forces in the

command area during contingencies and

armed conflict.

§ 247.6 Procedures.

(a) General.

(1) National security information shall

be protected in accordance with DoD

Directive 5200.1 11 and DoD 5200.1–R.12

(2) Specific items of internal

information of interest to DoD personnel

and their family members prepared for

publication in DoD publications may be

made available to requesters if the

information can be released as provided

in DoD Directive 5400.7 13 and DoD

5400.1–R.14

(3) Editorial policies of DoD

publications shall be designed to

improve the ability of DoD personnel to

execute the missions of the Department

of Defense.

(4) DoD editors of publications

covered under this part shall conform to

applicable policies, regulations, and

laws involving libel, photographic

image alteration, copyright,

classification of information, and U.S.

Government printing and postal

regulations.

(5) DoD publications shall comply

with DoD Directive 5400.11 15 regarding

the DoD privacy program.

(b) Establishment of DoD newspapers.

(1) Commanders are authorized to

establish Funded newspapers

(Appendix A to this part) or CE

newspapers (Appendix B to this part)

when:

(i) A valid internal information

mission requirement exists.

(A) Command or installation

newspapers provide the commander a

primary means of communicating

mission-essential information to

members of the command. They provide

feedback through such forums as letters

to the editor columns. This alerts the

commander to the emotional status and

state of DoD knowledge of the

command. The newspaper is used as a

return conduit for command

information to improve attitudes and

increase knowledge.

(B) News and feature treatment on

individuals and organizational elements

of the command provides a crossfeed of

DoD information, which improves

internal cooperation and mission

performance. Recognition of excellence

in individual or organizational

performance motivates and sets forth

expected norms for mission

accomplishment.

(C) The newspaper improves morale

by quelling rumors, and keeping

members informed on DoD information

that will affect their futures. It provides

information and assistance to family

members, which improve their spirits

and thereby the effectiveness of their

military service and/or civilian member.

The newspaper encourages participation

in various positive leisure-time

activities to improve morale and deter

alcohol abuse and other pursuits that

impair their ability to perform.

(D) The newspaper provides

information to make command members

aware of the hazards of the abuse of

drugs and other substances, and of the

negative impact that substance abuse

has on readiness.

(E) CE Newspapers provide

advertisements that guide command

members to outlets where they may

fulfill their purchasing needs. A byproduct of this commercial contact is

increased installation-community

communication, which enhances

mutual support.

(F) The newspaper increases

organizational cohesiveness and

effectiveness by providing a visual

representation of the essence of the

command itself.

(G) Good journalistic practices are

vital, but are not an end unto

themselves. They are the primary means

to enhance receptivity of command

communication through the newspaper.

(H) The newspaper exists to facilitate

accomplishment of the command or

installation mission. That is the only

basis for the expenditure of DoD

resources to produce them.

(ii) A newspaper is determined by the

commander and the next higher level of

command to be the most cost-effective

means of fulfilling the command

internal communication requirement.

(2) The use of appropriated funds is

authorized to establish a Funded

newspaper if a CE newspaper is not

feasible. The process of establishing a

newspaper must include an

investigation of the feasibility of

publishing under the CE concept. This

investigation must include careful

consideration of the potential for real or

apparent conflict of interest. If

publishing under the CE concept is

determined to be feasible, commanders

must ensure that they have obtained

approval to establish the newspaper

before authorizing their representatives

to negotiate a contract with a CE

publisher.

(3) DoD newspapers are mission

activities. The use of nonappropriated

funds for any aspect of their operations

is not authorized.

(4) Appropriated funds shall not be

used to pay any part of the commercial

publisher’s costs incurred in publishing

a CE publication.

(5) Only one DoD newspaper or

magazine is authorized for each

command or installation.

(i) If a newspaper is required at an

installation where more than one

command or headquarters is collocated,

the host commander shall be

responsible for publication of one

funded or CE newspaper for all. The

host command shall provide balanced

and sufficient coverage of the other

commands, their personnel, and

activities in that locality. These

commands, or headquarters, shall assist

the staff of the host newspaper with

coverage. If required by unusual
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules 4951

1Copies may be obtained, at cost, from the

National Technical Information Service, 5285 Port

Royal Road, Springfield, VA 22121.

circumstance, a commander other than

the host may publish the single

authorized newspaper when the

majority of affected organizations

concur.

(ii) This provision is not intended to

prohibit the headquarters of a

geographically dispersed command that

receives its local coverage in the host

installation newspaper from publishing

a command-wide newspaper; nor is it

intended to prohibit a command that

has information needs that are

significantly different from the majority

of the host installation audience from

publishing a separate newspaper, when

authorized by the designated approving

authority. (See Appendix E to this part).

(iii) Establishment of CE Guides and

Installation Maps. When valid

communication requirements exist,

publications in this category may be

established by the commander, if

feasible. (See Appendix B to this part)

Only one CE guide and installation map

is authorized for each command or

installation. The requirements of

paragraph (b) (4) of this section, apply

to CE guides and installation maps.

These publications shall be approved by

the next higher level. Approval

authorities shall exercise care not to

overburden community advertisers.

(iv) Use of trademark. The DoD

Components and their subordinate

levels shall trademark—State, Federal,

or both—the names of their publications

when possible.

(v) Use of recycled products. The

public affairs office shall, whenever

possible, based on contractual

agreements, use recycled paper for

publications covered under this part.

(vi) Mailing requirements and sales

and distribution of non-DoD

publications. See appendix C to this

part.

(vii) AFIS print media directorate. See

appendix D to this part.

(viii) DoD command newspaper and

magazine review system. See appendix

E to this part.

(6) When, in the opinion of the

Assistant Secretary of Defense for Public

Affairs, or the Combatant Command

Commander, a Combatant Command

newspaper is needed, establishment

shall be directed by the Secretary of

Defense. Both appropriated and

nonappropriated funds may be used in

the publication of overseas Combatant

Command newspapers.

(7) Establishment of magazines. New

magazines shall be approved by the

Head of the publishing DoD Component.

New magazines serving the Military

Services shall be approved in

accordance with Service procedures.

Only one DoD magazine or newspaper

is authorized for each command or

installation. Magazines are normally

financed through appropriate funds.

When CE magazines are approved,

provisions in this part regarding

advertising and contracting for CE

publications apply to CE magazines.

Magazines must:

(i) Serve a clearly defined purpose in

support of the mission of the publishing

DoD Component, and the purpose must

justify the cost.

(ii) Not duplicate equivalent

magazines serving the same, or

substantially the same purpose.

(iii) Be published and distributed

efficiently and economically.

(iv) Be reviewed every two years by

the publishing DoD Component to

ensure they are in compliance with this

part, are mission essential, and are

economically achieving their desired

objective.

§ 247.7 Information requirements.

The biennial reporting requirement

contained in this part has been assigned

Report Control Symbol DD–PA(B1)

1638.

Appendix A to Part 247—Funded

Newspapers and Magazines

A. Purpose. Funded newspapers and

magazines support the command

communication requirements of the

DoD Components and their subordinate

commands. Normally, printing is

accomplished by a commercial printer

under contract or in government

printing facilities in accordance with

DoD Directive.1 The editorial content of

these publications and distribution are

accomplished by the contracting

command. Overseas, Funded

newspapers are authorized to be printed

under contract with the S&S. Where

printing S&S is not feasible because of

distance or other factors, Funded

newspapers may be printed by other

means. These are evaluated on a caseby-case basis with the cognizant DPS

office.

B. Name. The name of the publication

may include the name of the command

or installation, or, the name of the

command or installation may appear

separately in the nameplate (flag). The

emblem of the command or installation

may be included in the nameplate, also.

When possible, the DoD Components

and their subordinate levels shall

trademark the names of their

publications, as stated in § 247.5(d).

C. Masthead. The masthead shall

include the names of the commanding

officer and the PAO, the names and

editorial titles of the primary staff of the

publication, and the mailing address

and telephone number of the editorial

staff, in addition to that required in

section § 247.4(ii).

D. News and editorial materials. The

commander and the public affairs staff

shall generate and select news,

information, photographs, editorial, and

other materials to be used. Authorized

news and information sources include

the Office of the Assistant Secretary of

Defense for Public Affairs (OASD(PA)),

AFIS, the Military Departments, their

subordinate levels of command, and

other Government Agencies. Civilian

community service news and

announcements of benefit to personnel

assigned to the command or installation

and their family members may also be

used. Photographic images used will be

in compliance with § 247.4(r).

E. Assignment of personnel. Military

and DoD civilian personnel may not be

assigned to duty at the premises of the

contract printer to perform any job

functions that are part of the business

activities or contractual responsibilities

of the contract printer. Members of the

public affairs staff who produce

editorial content may work on the

premises as liaison and monitor to

specify and coordinate layout and other

production details provided for in the

command contract with the contract

printer. A member of the public affairs

staff shall review proof copy to prevent

mistakes.

F. Funding. The expense of

publishing and distributing Funded

newspapers and magazines is charged to

appropriated funds of the publishing

command.

G. Printing. Printing of a funded

publication shall be handled in

accordance with DoD Directive 5330.3

in conjunction with public affairs as the

office of primary interest.

H. Distribution. Funded publications

may be distributed through official

channels. Appropriated funds and

manpower may be used for distribution

of Funded publications, as required.

I. Advertising. Funded publications

shall not carry advertising. As a service,

the Funded newspaper may carry

nonpaid listings of personally owned

items and services for sale by members

of the command. Noncommercial news

stories and announcements concerning

nonappropriated fund activities and

commissaries may be published in

funded publications.

J. Employment and gratuities. DoD

personnel shall not accept employment

by or gratuities from GPO-contracted

printers under contract to print funded

publications. To avoid a conflict of
4952 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules

2See footnote 1 to section A. of this appendix.

interest, employment of spouses and

minor children of DoD personnel by a

contract printer shall be in accordance

with the DoD 5500.7–R.2

Appendix B to Part 247—CE

Publications

A. Purpose. CE publications consist of

DoD newspapers, magazines, guides,

and installation maps. They support

command internal communications.

The commander or public affairs office

provides oversight and final approval

authority for the news and editorial

content of the publication. CE

publishers sell advertising to cover costs

and secure earnings, print the

publications, and may make all or part

of the distribution. Periodically, CE

publishers compete for contracts to

publish these publications. Neither

appropriated nor nonappropriated funds

shall be used to pay for any part of a CE

publisher’s costs incurred in publishing

a CE publication.

B. Name. The name of the publication

may include the name of the command

or installation, or the name of the

command or installation may appear

separately in the nameplate (flag). The

emblem of the command or installation

may also be included in the nameplate.

When possible, the DoD Components

and their subordinates shall trademark

the names of their publications, as

stated in § 247.6(d).

C. Masthead. The masthead shall

include the following in addition to that

required in § 247.4 (i) and (j). ‘‘The

editorial content of this publication is

the responsibility of the (name of

command or installation) Public Affairs

Office.’’ The names of the commanding

officer and PAO, the names and

editorial titles of the staff assigned the

duty of preparing the editorial content,

and the office address and telephone

number of the editorial staff shall be

listed in the masthead of DoD

newspapers, but is not required in CE

guides and installation maps. The

names of the publisher and employees

of the publisher may be listed

separately.

D. News and editorial materials. The

commander or the public affairs office

shall provide oversight and final

approval authority for news,

information, photographs, editorial, and

other materials to be used in a CE

publication in the space allotted for that

purpose by written contract with the

commercial publisher. Authorized news

and information sources include the

OASD(PA), AFIS, the Military

Departments and their subordinate

levels of command, and other

Government Agencies. CE contractor

personnel may provide material for use

in the publication if approved by the

commander or PAO, as the

commander’s representative.

Commercial news and opinion sources,

such as AP, UPI, New York Times, etc.,

are not normally authorized for use in

DoD publications except as stated in

§ 247.4(q). Newspapers may publish

community service news and

announcements of the civilian

community for the benefit of command

or installation personnel and their

families. Imagery used will be in

compliance with § 247.4(r).

E. Assignment of personnel. Neither

military nor DoD civilian personnel

shall be assigned to duty at the premises

of the CE publisher. Neither military nor

DoD civilian personnel shall perform

any job functions that are part of the

business activities or contractual

responsibilities of the CE publisher

either at the contractor’s facility or the

Government facility. The PAO and staff

who produce the non-advertising

content of the CE publication may

perform certain installation liaison

functions on publisher premises

including monitoring and coordinating

layout and design and other publishing

details set forth in the contract to ensure

the effective presentation of

information. One or more members of

the public affairs staff shall review proof

copy to prevent mistakes. Newspaper

text-editing-system pagination and copy

terminals owned by the CE publisher

may be placed in the command or

installation public affairs office under

contractual agreement for use by the

public affairs staff to coordinate layout

and ensure that the preparation of

editorial material is performed in such

a way as to enhance the efficiency and

effectiveness of the printing and

publication functions performed by the

CE publisher. All costs of these

terminals shall be borne by the CE

newspaper publishers who shall remain

title to the equipment and full

responsibility for any damage to or loss

of such equipment. The relationship

between the public affairs staff and

employees of the CE contractor is that

of Government employees working with

employees of a private contractor.

Supervision of CE employees; that is,

the responsibility to rate performance,

set rate of pay, grant vacation time,

exercise discipline, assign day-to-day

administrative tasks, etc., remains with

the CE publisher. Any modifications of

the contract must be made by the

responsible contracting officer. Public

affairs staff members must be aware that

employees of the contractor are not

employees of the government and

should be treated accordingly.

F. Distribution of CE Publications

1. A funded newspaper shall not be

distributed as an insert to a CE

newspaper, unless provided for in the

CE contract, nor shall a CE newspaper

be distributed as an insert to a funded

newspaper.

2. Supplements, clearly labeled as

such, and advertising inserts, may be

inserted into and distributed with a CE

newspaper.

3. The commercial publisher of a CE

publication shall make as much of the

distribution to the intended readership

as possible. CE publications may be

distributed through official channels.

4. Except as authorized by the next

higher headquarters for special

situations or occasions (such as an

installation open house), CE

publications shall not be distributed

outside the intended DoD audience and

retirees, which includes family

members. Electronic publication on the

internet/world wide web is not

considered distribution outside the

intended DoD audience. The CE

publisher may provide complete copies

of each specific issue of a CE

publication to an advertiser whose

advertisement is carried therein.

5. The CE publisher of a CE

newspaper will provide the appropriate

number of news racks determined by

the installation commander for

publication distribution. CE publishers

are responsible for maintenance of these

racks.

6. CE guides, magazines, and

installation maps may be delivered in

bulk quantities to the appropriate

installation offices to distribute these

publications through official channels

as necessary.

G. Responsibilities Regarding

Advertising

1. Only the CE publisher shall use the

space agreed upon for advertising.

While the editorial content of the

publication is completely controlled by

the installation, the advertising section,

including its content, is the

responsibility of the CE publisher. The

public affairs staff, however, retains the

responsibility to review advertisements

before they are printed.

2. Any decision by a CE publisher to

accept or reject an advertisement is

final. The PAO may discuss with a

publisher their decision not to run an

advertisement, but cannot substitute his

judgment for that of the publisher.

3. Before each issue of a CE

publication is printed, the public affairs

staff shall review advertisements to
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules 4953

1Copies may be obtained, at cost, from the

National Technical Information Service, 5285 Port

Royal Road, Springfield, VA 22161.

2See footnote 1 to section G.3. of this appendix. 3See footnote 1 to section G.3. of this appendix.

identify any that are contrary to law or

to DoD or Military Service regulations,

including this part, or that may pose a

danger or detriment to DoD personnel or

their family members, or that interfere

with the command or installation

missions. It is in the command’s best

interest to carefully apply DoD and

Service regulations and request

exclusion of only those advertisements

that are clearly in violation of this part.

If any such advertisements are

identified, the public affairs office shall

obtain a legal coordination of the

proposed exclusion. After coordination,

the public affairs office shall request, in

writing if necessary, that the

commercial publisher delete any such

advertisements. If the publisher prints

the issue containing the objectionable

advertisement(s), the commander may

prohibit distribution in accordance with

DoD Directive 1325.6.1

4. DoD Directive 1325.6 gives the

commander authority to prohibit

distribution on the installation of a CE

publication containing advertising he or

she determines likely to promote a

situation leading to potential riots or

other disturbances, or when the

circulation of such advertising may

present a danger to loyalty, discipline,

or morale of personnel. Each

commander shall determine whether

particular advertisements to be placed

by the publisher in a CE publication

serving the command or installation

may interfere with successful mission

performance. Some considerations in

this decision are the local situation, the

content of the proposed advertisement,

and the past performance of the

advertiser. Prior to making a

determination to prohibit distribution of

a CE publication, the commander shall

obtain a legal coordination.

5. CE publications may carry paid and

nonpaid advertising of the products and

services of nonappropriated fund

activities and commissaries, if allowed

by DoD and Military Service

regulations. (See DoD Instruction

1015.2.2)

6. Bingo games and lotteries

conducted by a commercial organization

whose primary business is conducting

lotteries may not be advertised in CE

publications. Non-lottery activities

(such as dining at a restaurant or

attending a musical performance) of a

commercial organization whose primary

business is conducting lotteries may be

advertised in CE publications.

Exceptions are allowed for authorized

State lotteries, lotteries conducted by a

non-profit organization or a

governmental organization, or

conducted as a promotional activity by

a commercial organization and clearly

occasional and ancillary to the primary

business of that organization. An

exception also pertains to any gaming

conducted by an Indian tribe under 25

U.S.C. 2720. See section D. of Appendix

C to this part.

H. CE Guides and Maps

1. The name of the publication may

include the name and emblem of the

command or installation.

2. At the discretion of the

commander, an installation telephone

directory may be included as a section

of a CE guide. The telephone section

shall be part of the guide contract

specifications. Separate contracts for CE

telephone directories are not authorized.

Over-run printing of the telephone

directory/yellow pages section of the

installation guide is authorized. The

number of guides with integral

telephone directories and the number of

over-run copies of the telephone

directory/yellow pages will be clearly

specified in the single guide contract.

Required communication security

information shall be printed on the first

page of the telephone section and not on

the cover of the guide. The cover of the

guide may notify users that the

publication contains the telephone

directory.

3. CE contracts for guides and maps

shall establish firm delivery dates and

shall contain provisions to ensure

distribution is controlled by the

command. Delivery dates may vary for

guides and maps to make them more

attractive to advertisers. The contract

provisions shall specify delivery dates.

I. Employment and Gratuities

DoD personnel involved with CE

contracts shall not accept employment

by or gratuities from a CE publisher. To

avoid a conflict of interest, employment

of spouses and minor children of DoD

personnel by a contract publisher shall

be in accordance with DoD Directive

5500.7–R.3

J. Contracting for a CE Publication

1. General. The DoD Components and

their subordinate commands are

authorized to contract in writing for CE

publications. The underlying premise of

the CE concept is that the DoD

Components and their subordinate

commands will save money by

transferring certain publishing and

distribution functions to a commercial

publisher selected through a

competitive process. The CE publication

is printed and delivered to the

command, installation, or its readership

in accordance with the terms of a

written contract. Oral contracts are not

acceptable. The right to sell and

circulate advertising to the complete

readership in the CE publication

provides the publisher revenue to cover

costs and secure earnings. The

command or installation guarantees first

publication and distribution of locallyproduced editorial content in the

publication. The publication becomes

the property of the command,

installation, or intended reader upon

delivery in accordance with terms of the

contract.

2. Contracting process. Whether a first

time initiative to establish a CE

publication or a recompetition of an

existing CE contract, the process must

start with advance planning as to the

nature of the command’s requirements,

the contracting strategy, and the market

or potential advertisers and competitors

for the job. The CE contract solicitation

and the contract itself must contain a

statement of work that describes in

legally sufficient detail the

Government’s requirements and the

conditions and restrictions under which

the contractor will perform. The

cognizant contracting office for the CE

contracting action shall be the

contracting office which normally

provides contracting support to the

command for service contracts and

other procurements of a general nature

which are above the simplified small

purchase threshold. The contracting

officer shall combine the statement of

work with appropriate contractual terms

and conditions, using 48 CFR chapter I

and II as guides, although CE contracts

are not subject to the FAR or DFARS,

because they do not involve the

expenditure of appropriated funds. The

resulting solicitation and contract shall

completely identify the rights and

obligations of both parties. Proposals

shall be solicited from all known

commercial publishers who could

potentially become the CE contractor.

Upon evaluation of the competing

proposals by the Source Selection

Advisory Committee (SSAC) and

selection of a winner by the selecting

official, the CE contract shall be

awarded by the contracting officer. The

CE contract shall not require the

contractor to pay money to the

command or to provide goods, services,

or other consideration not directly

related to the CE publication. In the

event that only one offer is received, the

SSAC may recommend to the selecting
4954 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules

4Copies may be obtained, at cost, from the

Superintendent of Documents, U.S. Government

Printing Office, Washington, DC 20402. 5See footnote 1 to section G.3. of this appendix.

official that no award be made or that

the contracting officer enter into

negotiations with the sole offeror to

obtain the best possible service and

product for the Government.

3. Statement of Work (SOW). The

SOW should be written to have the CE

contractor perform as many of the

publishing and distribution functions as

practical to generate maximum savings

to the Department of Defense. In so

doing, care must be taken to balance

Government requirements with a

realistic view of the advertising revenue

potential so as to achieve a contract that

is commercially viable. The command’s

internal information needs shall be

paramount. Some of the key issues that

shall be addressed in the SOW follow:

a. A general description of the scope

of the proposed contract including the

name and nature of the publication

involved; for example, weekly

newspaper, monthly magazine, annual

guide and installation map. Normally,

guides and installation maps are

included in the same contract.

b. A description of editorial content to

be carried; e.g., news, features,

supplements, and factual information,

along with provisions addressing the

possible inclusion of contractorfurnished advertising supplements for

newspapers, provided any such

supplement shall have the prior

approval of the commander.

c. A description of the rules for the

inclusion of advertising in the

publication. This provision shall specify

that the commander’s representative

shall have the authority to specify

newspaper advertising layout when

required to enhance communications’

effectiveness of the publication and

shall require the contractor to notify

advertisers of the requirements in

§ 247.4(i) and § 247.4(j). The Military

Departments will coordinate a standard

set of ratios of advertising-to-editorial

copy for multiples of pages for run of

the publication advertising in CE

publications that will be included in all

DoD Component regulations

supplementing this part. The

recommended annual average is a ratio

of 60/40. Inserts and advertising

supplements will not count in the total

ad to copy ratio; however, the

commander may prohibit the

distribution of supplemental advertising

deemed excessive. Contract provisions

shall be formulated to prohibit the

amount of advertising a publisher sells

from forcing the contracting command

or installation public affairs staff to

produce editorial content exceeding that

required for the command internal

communication mission of the

publication.

d. A provision substantially as

follows: ‘‘The contractor agrees not to

enter into any exclusive advertising

agreement with any firm, broker, or

individual for the purpose of selling

advertising associated with this

contract.’’

e. A description of the CE contractor’s

responsibilities for distribution of the

publication. This provision should

address such matters as contractor

furnishing of news racks along with

contractor responsibility for

maintenance of these racks.

f. A description of contractor-owned

and/or contractor-furnished equipment

such as text editing, copy terminals, and

modems determined to be required to

coordinate layout and ensure that the

preparation of editorial material is

performed in such a way as to enhance

the efficiency and effectiveness of the

publication process.

g. A description of contractorfurnished editorial support services

determined to be required. Such

description must be in terms of the end

product required; e.g., photography

service and/or writer/reporter services,

and not as a requirement to make

available certain contractor personnel.

In day-to-day performance and

administration of the CE contract,

contractor personnel performing such

support services shall not be treated in

any way as though they are Government

employees.

h. A provision that the use, where

economically feasible, of recycled paper

for internal products will be a

consideration for awarding the contract,

as stated in § 247.6(e).

i. SOW’s and RFP’s for CE

newspapers shall specify standard

newsprint, recyclable, subject to

requirements of applicable laws and

regulations.

j. For CE magazines, a provision

requiring the contractor to provide a

bulk number of copies of each printing

to the Government Printing Office (GPO)

for distribution to Federal Depository

Libraries. The number of copies to be

provided will be determined on the

number of libraries desiring to subscribe

to the publication. The number could be

a maximum of 1,400, but has

historically averaged approximately 500

to 600 copies for military magazines.

The contractor would be required to

contact GPO to initiate this procedure at

(202) 512–1071.

4. Contract provisions. The CE

concept is based on an exception to the

Government Printing and Binding

Regulations 4 published by the

Congressional Joint Committee on

Printing. While CE contracts are not

subject to the FAR (48 CFR chapter I) or

the DFARS (48 CFR chapter II), the FAR

contains many clauses that are useful in

protecting the interests of the

Government. The following clauses may

be helpful in obtaining the best possible

CE publication:

a. Status of FAR clause. To clarify the

status of FAR clauses appearing in CE

contracts, the following clause shall be

included in all new CE contracts:

‘‘The (name of DoD installation/unit/

organization) is an element of the

United States Government. This

agreement is a United States

Government contract authorized under

the provisions of DoD Instruction

5120.4 5 as an exception to the

Government Printing and Binding

Regulations published by the

Congressional Joint Committee on

Printing. Although this contract is not

subject to the Federal Acquisition

Regulation (FAR) or the Defense FAR

Supplement (DFARS), FAR clauses

useful in protecting the interests of the

Government and implementing those

provisions required by law are included

in this contract.’’

b. Option clause. Insert a clause

substantially the same as the following

to extend the term of the CE publisher

contract:

(1) ‘‘The Government may extend the

term of this contract by written notice

to the contractor within [insert in the

clause the period of time in which the

contracting officer has to exercise the

option]; provided that the Government

shall give the contractor a preliminary

written notice of its intent to exercise

the option at least 60 days before the

contract expires. The preliminary notice

does not commit the government to

exercise the option.’’ In the case of base

closure or realignment the publisher has

the right to request a renegotiation of the

contract.

(2) ‘‘If the Government exercises this

option, the extended contract shall be

considered to include this option

provision.’’

(3) ‘‘The total duration of this

contract, including the exercise of any

options under this clause, shall not

exceed 6 years.’’

c. Default clause. Insert the following

clause in solicitations and contracts:

(1) ‘‘The Government may, by written

notice of default to the contractor,

terminate this contract in whole or in

part if the contractor fails to:
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules 4955

(a) Deliver the CE publications in the

quantities required or to perform the

services within the time specified in

this contract or any extension;

(b) Make progress, so as to endanger

performance of this contract;

(c) Perform any of the other

provisions of this contract.’’

(2) ‘‘If the Government terminates this

contract in whole or in part, it may

acquire, under the terms and in the

manner the contracting officer considers

appropriate, supplies or services similar

to those terminated. However, the

contractor shall continue the work not

terminated.’’

(3) ‘‘The rights and remedies of the

Government in this clause are in

addition to any other rights and

remedies provided by law or under this

contract.’’

d. Termination for convenience of the

Government. Insert the following clause

in solicitations and contracts:

‘‘The contracting officer, by written

notice, may terminate this contract, in

whole or in part if the services

contracted for are no longer required by

the Government, or when it is in the

Government’s interest, such as with

installation closures. Any such

termination shall be at no cost to the

Government.’’ The Government will use

its best efforts to mitigate financial

hardship on the publisher.

5. Term of contract. CE contracts may

be entered into for an initial period of

up to 2 years, and may contain options

to extend the contract for one or more

additional periods of 1 or 2 years

duration. The total period of the

contract, including options, shall not

exceed 6 years, after which the contract

must be recompeted.

6. Exercise of options. Under normal

circumstances, when the contractor is

performing satisfactorily, options for

additional periods of performance

should be exercised. However, the

exercise of the option is the exclusive

right of the Government, and decisions

not to exercise the option, or to test the

market before option exercise, are

within the contracting officer’s

discretion working in concert with the

PAO and other command officials.

7. Modification of the contract. Any

changes to the SOW or other terms and

conditions of the contract shall be made

by written contract modification signed

by both parties.

8. SSAC. The commander shall

appoint an SSAC. The committee shall

participate in the development of the

Source Selection Plan (SSP) before the

solicitation of proposals, evaluate

proposals, and recommend a source to

the selecting official. Since cost is not a

factor in the evaluation, award will be

based on technical proposals, the

offeror’s experience and/or

qualifications, and past performance.

a. The SSAC shall consist of a

minimum of five voting members: a

chairperson, who shall be a senior

member of the command; senior

representatives from public affairs and

printing; and a minimum of two other

functional specialists with skills

relevant to the selection process. Each

SSAC shall have non-voting legal and

contracting advisors to assist in the

selection process.

b. In arriving at its recommendations,

the SSAC shall follow the SSP and avail

itself of all relevant information,

including the proposals submitted,

independently derived data regarding

offerors’ performance records, the

results of on-site surveys of offerors’

facilities, where feasible, and in

appropriate cases, personal

presentations by offerors.

c. The work of the SSAC must be

coordinated with the contracting officer

to ensure that the process is objective

and fair. All communications between

the offerors and the Government shall

be through the contracting officer. No

member of the SSAC or the selecting

official shall communicate directly with

any offeror regarding the source

selection.

d. In cases where a losing competitor

requests a debriefing from the

contracting officer, members of the

SSAC may be called upon to participate

so as to give the losing competitor the

most thorough explanation practical as

to why its proposal was not successful.

No information regarding competitors’

proposals shall be discussed with the

unsuccessful offerors during

debriefings, discussions, or negotiations.

9. SSP. A SSP (see sample SSP at

attachment 1 to this Appendix) must be

developed early in the planning process

to serve as a guide for the personnel

involved and ensure a fair and objective

process and a successful outcome. The

contracting officer is primarily

responsible for development of the SSP,

in coordination with the PAO and other

members of the SSAC. Ideally, the SSP

should be completed and approved

prior to issuance of the solicitation; it

must be completed and approved before

the receipt of proposals.

10. Evaluation criteria and proposal

requirements. The solicitation must

specify, in relative order of importance,

the factors the Government will

consider in selecting the most

advantageous proposal. In addition, the

solicitation must specify the types of

information the proposal must contain

to be properly evaluated. These two

aspects of the solicitation must closely

parallel one another. The contracting

officer is primarily responsible for

development of these two solicitation

provisions, in coordination with the

PAO, legal counsel, and members of the

SSAC.

a. Evaluation criteria for award.

Drawing upon the SSP, this feature of

the solicitation must advise offerors

what factors the Government will

consider in evaluating proposals and the

relative importance of each factor. The

sample SSP (attachment 1 to this

appendix) provides as an example of

criteria that might be used. Note that

under the ‘‘Services and/or Items

Offered’’ factor, paragraph E.2.b of

attachment 1 to this appendix, it is

necessary to list and indicate the

relative importance of services and/or

items above the minimum requirements

of the SOW that the command would

consider desirable and that, if offered,

will enhance the offeror’s evaluation

standing. The offer of services and/or

items not listed in the evaluation

criteria shall not be considered in the

evaluation of proposals, but may be

accepted in the contract award if

deemed valuable to the Government,

PROVIDED the service and/or item

involved is directly related to producing

the publication and not in violation of

any other statute or regulation.

Examples of items that cannot be

considered during the evaluation

process are: press kits, laminated maps,

economic development reports, or other

separate publications not an integral

part of the CE publication.

b. Proposal requirements. This

provision of the solicitation must

describe the specific and general types

of information necessary to be

submitted as part of the proposal to be

evaluated. Offerors shall be notified that

unnecessarily elaborate proposals are

not desired.

Attachment 1 to Appendix B to part

247—SSP

A. Introduction

1. The objectives of this plan are:

a. To ensure an impartial, equitable,

and thorough evaluation of all offerors’

proposals in accordance with the

evaluation criteria presented in the

request for proposals (RFP).

b. To ensure that the contracting

officer is provided technical evaluation

findings of the SSAC in such a manner

that selection of the offer most

advantageous to the Government is

ensured.

c. To document clearly and

thoroughly all aspects of the evaluation

and decision process to provide

effective debriefings to unsuccessful
4956 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules

offerors, to respond to legal challenges

to the selection, and to ensure

adherence to evaluation criteria.

2. This plan will be used to select a

CE contractor for publication of the

llllll newspaper (CE guide,

magazine, or installation map) and will:

a. Give each SSAC member a clear

understanding of his or her

responsibilities as well as a complete

overview of the evaluation process.

b. Establish a well-balanced

evaluation structure, equitable and

uniform scoring procedures, and a

thorough and accurate appraisal of all

considerations pertinent to the

negotiated contracting process.

c. Provide the selecting official with

meaningful findings that are clearly

presented and founded on the

collective, independent judgment of

technical and managerial experts.

d. Ensure identification and selection

of a contractor whose final proposal

offers optimum satisfaction of the

Government’s technical and managerial

requirements as expressed in the RFP.

e. Serve as part of the official record

for the evaluation process.

B. Organization and Staffing

1. The SSAC will consist of the

Chairperson and a minimum of four

other voting committee members plus

the non-voting advisors to the SSAC.

2. The SSAC committee members are:

Name Position

llllllll Chairperson.

llllllll Member.

llllllll Member.

llllllll Member.

llllllll Member.

llllllll Legal Advisor.1

llllllll Contract Advisor.1

1 Non-voting members.

C. Responsibilities

1. Selecting Official:

a. Approves the SSP.

b. Reviews the evaluation and

findings of the SSAC.

c. Considers the SSAC’s

recommendation of award.

d. Selects the successful offeror.

2. Chairperson of the Source Selection

Advisory Committee (C/SSAC):

a. Reviews the SSP.

b. Approves membership of the SSAC.

c. Analyzes the evaluation and

findings of the SSAC and applies

weights to the evaluation results.

d. Approves the SSAC report for

submission to the selecting official.

3. Contracting Officer:

a. Is responsible for the proper and

efficient conduct of the entire source

selection process encompassing

solicitation, evaluation, selection, and

contract award.

b. Provides SSAC and the selecting

official with guidance and instructions

to conduct the evaluation and selection

process.

c. Receives proposals submitted and

makes them available to the SSAC,

taking necessary precautions to ensure

against premature or unauthorized

disclosure of source selection

information.

4. SSAC members shall:

a. Familiarize themselves with the

RFP and SSP.

b. Provide a fair and impartial review

and evaluation of each proposal against

the solicitation requirements and

evaluation criteria.

c. Provide written documentation

substantiating their evaluations to

include strengths, weaknesses, and any

deficiencies of each proposal.

5. Legal advisor:

a. Reviews RFP and SSP for form and

legality.

b. Advises the SSAC members of their

duties and responsibilities, regarding

procurement integrity issues and

confidentiality requirements.

c. Participate in SSAC meetings and

provide legal advice as required.

d. Provides legal review of all

documents supporting the selection

decision to ensure legal sufficiency and

consistency with the evaluation criteria

in the RFP and SSP.

e. Advises the selecting official on the

legality of the selection decision.

D. Administrative Instructions

1. Evaluation overview. The advisory

committee will operate with maximum

flexibility. Collective discussion by

evaluators at committee meetings of

their evaluation findings is permitted in

the interchange of viewpoints regarding

strengths, weaknesses, and deficiencies

noted in the proposals relating to

evaluation items. Evaluators will not

suggest or disclose numerical scores or

other information regarding the relative

standing of offerors outside of

committee meetings.

2. Evaluation procedure. The

evaluation of offers is based on good

judgment and a thorough knowledge of

the guidelines and criteria applicable to

each evaluation factor.

a. Numerical scoring is merely

reflective of the composite findings of

the SSAC. The evaluation scoring

system is used as a tool to assist the

Chairperson of the SSAC in determining

the proposal most advantageous to the

Government.

b. The most important documents

supporting the contract award will be

the findings, conclusions, and reports of

the SSAC.

3. Safeguarding data. The sensitivity

of the proceedings and documentation

require stringent and special safeguards

throughout the evaluation process:

a. Inadvertent release of information

could be a source of considerable

misunderstanding and embarrassment

to the Government. It is imperative,

therefore, for all members of the SSAC

to avoid any unauthorized disclosures

of information pertaining to this

evaluation. Evaluation participants will

observe the following rules:

(1) All offeror and evaluation

materials will be secured when not in

use (i.e., during breaks, lunch, and at

the end of the day).

(2) All attempted communications by

offeror’s representatives shall be

directed to the contracting officer. No

communications between members of

the SSAC or the selecting official and

offerors regarding the contract award or

evaluation is permitted except when

called upon under the provisions of

paragraph J.8.d, of Appendix B to this

part.

(3) Neither SSAC members nor the

selecting official shall disclose anything

pertaining to the source selection

process to any offeror except as

authorize by the contracting officer.

(4) Neither SSAC members nor the

selecting official shall discuss the

substantive issues of the evaluation with

any unauthorized individual, even after

award of the contract.

E. Technical Evaluation Procedures

1. Evaluation process. Proposals will

be evaluated based on the following

criteria as indicated in Section M of the

solicitation: The evaluation worksheet

(attachment 2 to this appendix) shall be

used to score the technical factors.

Using the technical evaluation

worksheet, each member of the SSAC

will independently review each

proposal and assign an appropriate

number of points to each factor being

considered. Point scores for each factor

will range from ‘‘0’’ to ‘‘5’’ based on the

committee member’s evaluation of the

proposal. Upon completion of

individual evaluations, the group will

meet in committee with the Chairperson

and arrive at a single numeric score for

each factor in the proposal.

2. Criteria. An example of applicable

evaluation criteria and their relative

order of importance are listed below in

paragraphs E.2. a. through d of this

appendix. Criteria and weights are

provided as an example only. The SSAC

must determine its own weighting

factors tailored to meet the needs of the

particular CE publication and describe

the relative weights assigned in the RFP;

e.g., ‘‘Evaluation factors are listed in
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules 4957

1 (Discussions of strengths, weaknesses, and

deficiencies should reference the specific

evaluation factor involved to ensure that proposals

are evaluated only against the criterion set forth in

the RFP, to facilitate debriefings, and to provide an

effective defense to any challenges regarding the

legality of the selection process.)

1Copies may be obtained, at cost, from the

National Technical Information Service, 5285 Port

Royal Road, Springfield, VA 22161.

2See footnote 1 to section A. of this appendix.

descending order of importance; criteria

#1 is twice as important as criteria #2,’’

etc.

a. Technical and production

capability. Scores will range from ‘‘0’’

(unacceptable), to ‘‘5’’ (exhibits state-ofthe-art, award-winning, or clearly

superior technical ability to produce the

required newspaper, magazine, guide, or

installation map). Factors to be

considered for newspaper contracts

include: level of automation;

compatibility of automation with

existing PAO automation (unless other

automation is provided); printing

capability; production equipment;

physical plant (capabilities); and driving

distance to the plant. Similar factors

may be considered for magazines,

guides and installation maps.

b. Services and/or items offered.

Scores will range from ‘‘0’’

(unacceptable), to ‘‘5’’ (the offer of

equipment, such as automation

equipment; or services, such as editorial

or photographic services as set forth in

the contract solicitation that will greatly

enhance the newspaper and/or its

production). Factors to be considered

for newspapers include: offer of

automation equipment and the quality

and amount of equipment offered; the

quality and amount of services offered;

the usefulness of the services and/or

items to the public affairs office in

enhancing the newspaper; the impact of

the services and/or items on other parts

of the contract. Similar factors may be

considered for magazines, guides and

installation maps. The offer of

equipment or services not specifically

related to producing the publication

will not result in the assignment of a

higher score.

c. Past performance record. Scores

will range from ‘‘0’’ (no experience in

newspaper, magazine, guide, or

installation map publishing and/or

unsatisfactory, previous performance,)

to ‘‘5’’ (long-term, highly successful

experience publishing similar

newspapers, magazines, guides, or

installation maps). Factors to be

considered include: demonstrated

ability to successfully produce a CE or

similar publication; demonstrated

printing ability (types of printing,

history of newspaper, magazine, guide,

or installation map printing);

demonstrated success in contract

performance in a timely and responsive

manner; demonstrated capability to sell

advertising and successfully recoup

publication costs.

d. Management approach. Scores will

range from ‘‘0’’ (approach

unacceptable), to ‘‘5’’ (proposal

demonstrates a sound and innovative

approach to interfacing with the PAO

and managing the CE publication

operation). Factors to be considered

include: The offeror’s proposed

approach to:

(1) Interfacing with the PAO staff.

(2) Controlling the quality and

timeliness of the finished product.

(3) Sale of ads of the type that

enhance the publication’s image in the

community and with the readership at

large.

(4) Ensuring that contractor’s

personnel are properly supervised and

managed.

3. Weighting factors. Points will be

assigned to the final score of each factor

in a proposal as determined by

multiplying the score assigned (e.g.,

‘‘0,’’ ‘‘1,’’ ‘‘2,’’ ‘‘3,’’ ‘‘4,’’ or ‘‘5’’) by the

relative weight of the individual

criterion as indicated:

Factor

Relative

weight maximum points

Criterion 1 ............................. 40% 200

Criterion 2 ............................. 30% 150

Criterion 3 ............................. 20% 100

Criterion 4 ............................. 10% 50

Total ............................... 500

(Example Only):

Criterion 1 Score 5 (5×40) Total

Points ................................................ 200

Criterion 1 Score 4 (4×30) Total

Points ................................................ 120

Criterion 1 Score 3 (3×20) Total

Points ................................................ 60

Criterion 1 Score 2 (2×10) Total

Points ................................................ 20

Total .............................................. 400

4. Report of findings and

recommendations. After the SSAC has

completed final evaluation of proposals

and all weighting has been completed,

the committee will prepare a written

report of its findings and

recommendations, setting forth the

consensus of the committee and its

composite scores (Sample at attachment

3 to this appendix). The Chairperson

will sign the report to confirm its

accuracy and his agreement with the

recommendation. All copies of

proposals and evaluation worksheets

will be returned to the contracting

officer.

Attachment 2 to Appendix B to Part

247—Sample Evaluation Worksheet

Contractor lllllllllllllll

Evaluator llll Datellll

Evaluation Criteria and Scores (Range 0–5

points for each) lllllllllllll

1. Technical and production capability: ll

2. Services and items offered: lllllll

3. Past performance record: llllllll

4. Management approach: llllllll

Narrative Discussion: 1

Strengths llllllllllllllll

Weaknesses lllllllllllllll

Deficiencies lllllllllllllll

Attachment 3 to Appendix B to Part

247—Sample Memorandum for

Selecting Official

Subject: Evaluation of Proposals RFP No. l

1. All proposals received in response to

subject RFP have been evaluated by the

Source Selection Advisory Committee

(SSAC). The results and comments are listed

below.

a. Offeror’s proposal were rated as follows:

Offeror Name Numerical Score

b. Summary Narrative Comments.

(This section of the report shall be a

summary of the individual strengths and

weaknesses in each proposal, along with any

deficiencies that are susceptible to being

cured through written or oral discussions

with the offeror, as noted by the SSC

evaluators. This summary should be

supported by detailed narratives contained in

the individual evaluator’s worksheets.)

2. Recommendation.

lllllllllllllllllllll

Chairperson, SSAC

Appendix C to Part 247—Mailing of

DoD Newspapers, Magazines, CE

Guides, and Installation Maps; Sales

and Distribution of Non-DoD

Publications

A. Policy. It is DoD policy that mailing

costs shall be kept at a minimum

consistent with timeliness and

applicable postal regulations. (See DoD

Instruction 4525.7 1 and DoD 4525.8–

M. 2 Responsible officials shall consult

with appropriate postal authorities to

obtain resolution of specific problems.

B. Definition. DoD appropriated fund

postage includes all means of paying

postage using funds appropriated for the

Department of Defense. These means

include meter imprints and stamps,

permit imprints, postage stamps, and

other means authorized by the U.S.

Postal Service.

C. Use of Appropriated Fund Postage

1. DoD appropriated fund postage

shall be used only for:

a. Mailing copies to satisfy mandatory

distribution requirements.

b. Mailing copies to other public

affairs offices for administrative

purposes.
4958 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules

3See footnote 1 to section A. of this appendix.

c. Mailing copies to headquarters in

the chain of command.

d. Bulk mailings of DoD newspapers

and magazines to subordinate units for

distribution to members of the units.

e. Mailing information copies to other

U.S. Government Agencies, Members of

Congress, libraries, hospitals, schools,

and depositories.

f. Mailing of an individual copy of a

DoD newspaper, magazine, or CE

publication in response to an

unsolicited request from a private

person, firm, or organization, if such

response is in the best interest of the

DoD Component or its subordinate

levels of command.

g. Mailing copies of DoD newspapers,

magazines, guides, or installation maps

to incoming DoD personnel and their

families to orient them to their new

command, installation, and community.

2. Dod appropriated fund postage

shall not be used for mailing:

a. To the general readership of DoD

newspapers, magazines, guides, and

installation maps, unless specifically

excepted in this part.

b. By a CE publisher.

c. CE publications other than

newspapers and magazines in bulk. (See

paragraph C.1.d. of this section).

3. Generally, DoD newspapers,

magazines, and CE publications shall be

mailed as second class Requester

Publication Rate, third-class bulk, or

third- or fourth-class mail.

D. Legal prohibitions. Compliance

with 18 U.S.C. 1302 and 1307 is

mandatory. 18 U.S.C. Section 1302

prohibits the mailing of publications

containing advertisements of any type of

lottery or scheme that is based on lot or

chance. 18 U.S.C. 1307 authorizes

exceptions pertaining to authorized

State lotteries, lotteries conducted by a

not-for-profit organization or a

governmental organization, or

conducted as a promotional activity by

a commercial organization and clearly

occasional and ancillary to the primary

business of that organization. An

exception also pertains to any gaming

conducted by an Indian tribe under 25

U.S.C. 2720. Lottery is defined as

containing the following three elements:

1. Prize (whatever items of value are

offered in the particular game).

2. Chance (random selection of

numbers to produce a winning

combination).

3. Consideration (requirement to pay

a fee to play).

E. Review of Mailing and Distribution

Effectiveness

1. Mailing and distribution lists shall

be reviewed annually to determine

distribution effectiveness and

continuing need of each recipient to

receive the publication.

2. Distribution techniques, target

audiences, readers-per-copy ratios, and

use of the U.S. Postal Service to ensure

the most economical use of mail

services consistent with timeliness shall

be revalidated annually.

F. Non-DoD publications. A

commander shall afford reputable

distributors of other publications the

opportunity to sell or give away

publications at the activity he or she

commands in accordance with DoD

Directive 1325.6. 3 Such publications

shall not be distributed through official

channels. These publications may be

made available through subscription

paid for by the recipient or placed in

specific general use areas designated by

the commander, such as the foyers of

open messes or exchanges. They will be

placed only in stands or racks provided

by the responsible publisher. The

responsible publisher will maintain the

stand or rack to present a neat and

orderly appearance. Subscriptions paid

for by a recipient may be homedelivered by the commercial distributor

in installation residential areas.

Appendix D to Part 247—AFIS Print

Media Directorate

A. General. The Print Media

Directorate (PMD), an element of AFIS,

develops, publishes, and distributes a

variety of print media products that

support DoD-wide programs and

policies for targeted audiences

throughout the DoD community.

Products include the following:

1. American Forces Press Service,

news and feature articles, photographs,

and art distributed principally to editors

of DoD newspapers.

2. DEFENSE magazine, a bimonthly

periodical featuring articles authored by

senior military and civilian officials on

DoD programs and policies. An annual

almanac edition highlights DoD’s

organization.

3. Defense Billboard, a monthly poster

featuring topics of particular interest to

junior Military Service members, but

applicable to general DoD audiences.

4. Pamphlets, booklets, and other

posters covering a variety of joint

interest information topics.

5. PMD also posts the Press Service on

Military Service computer bulletin

boards and internet world wide web

sites. PAOs and editors may download

text and art in a form readily usable for

world processing or desktop publishing.

All other PMD publications should be

requisitioned through the Military

Service’s or organization’s publications

distribution system.

B. Use of materials published by print

media directorate. With the exception of

copyrighted matter, all materials

published by PMD may be reproduced

or adapted for use by DoD newspaper

and magazine editors as appropriate.

When PMD material is edited or revised,

accuracy and conformance to DoD

policy and accepted standards of good

taste will be maintained. Due to the

policy-oriented nature of DEFENSE

magazine contents, particular care shall

be taken to preserve the original context,

tone, and meaning of any material

adapted, revised, or edited from this

publication.

C. Eligible activities. The following

activities are eligible to receive the

above listed PMD products:

1. All authorized DoD newspaper and

magazines.

2. Headquarters of the DoD

Components and their subordinate

commands.

3. Proponent offices of DoD

periodicals published by the DoD

Components.

4. AFRTS networks and outlets.

5. Isolated commands and

detachments at which DoD newspapers

are not readily available.

Appendix E to Part 247—DoD

Command Newspaper and Magazine

Review System

A. Purpose. The purpose of the DoD

command newspaper and magazine

review system is to assist commanders

in establishing and maintaining costeffective internal communications

essential to mission accomplishment.

The system also enables internal

information managers to assess the cost

and effective use of resources devoted to

command newspapers and to provide

requested reports.

B. Policy. DoD newspapers and

magazines shall be reviewed and

reported biennially. The review process

is not intended to replace day-to-day

quality assurance procedures or

established critique programs.

C. Review criteria. Each newspaper

and magazine shall be evaluated on the

basis of mission essentiality,

communication effectiveness, costeffectiveness, and compliance with

applicable regulations.

D. Reporting Requirements

1. The DoD Components (less the

Military Departments) shall forward, by

January 31 of each even numbered year,

the information indicated at attachment

1 to this Appendix for each newspaper

published to: Director, American Forces

Information Service, ATTN: Print Media
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules 4959

Plans and Policy, 601 North Fairfax

Street, Alexandria, VA 22314–2007.

2. No later than April 15 of each evennumbered year, the Secretary (or

designee) of each Military Department

shall forward to the address above a

report of the Military Department’s

review of newspapers and magazines.

This report shall include summary data

on total number of newspapers and

magazines, along with a listing of the

information indicated at attachment 1 to

this appendix.

3. One information copy of each issue

of all DoD newspapers and magazines

shall be forwarded on publication date

to the address in paragraph H.1. of this

appendix.

4. Information copies of CE contracts

shall be forwarded to the address in

paragraph H.1. of this appendix, upon

request.

5. Administrative Instructions shall be

issued by the Director, AFIS, for the

annual review and reporting of

newspapers and magazines.

Attachment 1 to Appendix E to Part

247—Newspaper and Magazine

Reporting Data

As required by section H. of this

appendix, the following information

shall be provided biennially regarding

newspapers and magazines:

A. Name of newspaper or magazine.

B. Publishing command and mailing

address.

C. Printing arrangement:

1. Government equipment.

2. Government contract with

commercial printer.

3. CE contract with commercial

publisher (give name, mailing address,

and phone number of commercial

publisher).

D. Automation capabilities (desktop

publishing, computer bulletin board,

etc.)

E. Frequency and number of issues

per year.

F. Number of copies printed and

estimated readership.

G. Paper size (metro, tabloid, or

magazine/newsletter) and average

number of pages per issue.

H. Size of publication staff, listed as

full time, part time, and contractorprovided.

Dated: January 21, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–2079 Filed 1–31–97; 8:45 am]

BILLING CODE 5000–04–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 25, 26, 73, 76 and 100

[MM Docket No. 95–176; FCC 97–4]

Closed Captioning of Video

Programming

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Telecommunications Act

of 1996, Public Law 104–104, 110 Stat.

56 (1996), added a new provision,

Section 713, to the Communications Act

of 1934, as amended, which requires the

Commission to prescribe, by August 8,

1997, rules and implementation

schedules for captioning of video

programming. The Commission requests

comment on proposed rules and

timetables for mandatory closed

captioning of video programming, as

outlined in the Notice of Proposed

Rulemaking (‘‘NPRM’’). The intended

effect of this NPRM is to promote the

accessibility of video programming to

persons with hearing disabilities. Our

proposals are based on comments and

information submitted in response to a

Notice of Inquiry (‘‘NOI’’) in this

proceeding and additional data gathered

by the Commission for our Report to

Congress on video accessibility that was

issued on July 29, 1996.

DATES: Comments are due on or before

February 28, 1997, and reply comments

are due on or before March 24, 1997.

Written comments by the public on the

proposed information collections are

due on or before February 28, 1997.

Written comments must be submitted by

the Office of Management and Budget

(OMB) on the proposed collections on

or before April 4, 1997.

ADDRESSES: Federal Communications

Commission, Washington, D.C. 20554.

In addition to filing comments with the

Secretary, a copy of any comments on

the information collections contained

herein should be submitted to Dorothy

Conway, Federal Communications

Commission, Room 234, 1919 M Street,

N.W., Washington, D.C. 20554, or via

the Internet to dconway@fcc.gov, and to

Timothy Fain, OMB Desk Officer, 10236

NEOB, 725—17th Street, N.W.,

Washington, DC 20503 or via the

Internet to fainlt@al.eop.gov.

FOR FURTHER INFORMATION CONTACT:

Marcia Glauberman, John Adams or

Alexis Johns, Cable Services Bureau,

(202) 418–7200, TTY (202) 418–7172.

For additional information concerning

the information collections contained in

this NPRM, contact Dorothy Conway at

202–418–0217, or via the Internet at

dconway@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rulemaking, MM Docket No.

95–176, FCC 97–4, adopted January 9,

1997, and released January 17, 1997.

The full text of this decision is available

for inspection and copying during

normal business hours in the FCC

Reference Center (room 239), 1919 M

Street, NW, Washington, D.C. 20554,

and may be purchased from the

Commission’s copy contractor,

International Transcription Service,

(202) 857–3800, TTY (202) 293–8810,

1919 M Street, N.W., Washington, D.C.

20554. For copies in alternative formats,

such as braille, audio cassette, or large

print, please contact Sheila Ray at

International Transcription Service.

Paperwork Reduction Act

This NPRM contains proposed

information collections. The

Commission, as part of its continuing

effort to reduce paperwork burdens,

invites the general public and the Office

of Management and Budget (OMB) to

comment on the information collections

contained in this NPRM, as required by

the Paperwork Reduction Act of 1995.

Public and agency comments are due at

the same time as other comments on

this NPRM; OMB notification of action

is due 60 days from date of publication

of this NPRM in the Federal Register.

Comments should address: (a) whether

the proposed collections of information

are necessary for the proper

performance of the functions of the

Commission, including whether the

information shall have practical utility;

(b) the accuracy of the Commission’s

burden estimates; (c) ways to enhance

the quality, utility, and clarity of the

information collected; and (d) ways to

minimize the burden of the collections

of information on the respondents,

including the use of automated

collection techniques or other forms of

information technology.

OMB Approval Number: 3060–XXXX

Approval number to be assigned.

Title: Closed Captioning of Video

Programming.

Type of Review: New collection.

Respondents: Individuals or

households; businesses and other forprofit entities.

Number of Respondents: 23,342.

(3,000 complainants + 20,342 program

providers)

Estimated Time Per Response: 1–10

hours estimated as follows: We estimate

that program providers will initiate 100

waivers/petitions each year requesting

exemption from closed captioning

requirements. At this time, we estimate