Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Rules and Regulations 14015

1See 47 CFR 101.29 (addressing amendments of

right).

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

2. Section 73.682 is amended by

adding paragraph (d) as follows:

§ 73.682 TV transmission standards.

* * * * *

(d) Digital broadcast television

transmission standard. Transmission of

digital broadcast television (DTV)

signals shall comply with the standards

for such transmissions set forth in

Advanced Television Systems

Committee (ATSC) Doc. A/52 (‘‘ATSC

Standard Digital Audio Compression

(AC–3), 20 Dec 95’’) and ATSC Doc A/

53 (‘‘ATSC Digital Television Standard,

16 Sep 95’’), except for Section 5.1.2

(‘‘Compression format constraints’’) of

Annex A (‘‘Video Systems

Characteristics’’) and the phrase ‘‘see

Table 3’’ in Section 5.1.1 Table 2 and

Section 5.1.2 Table 4. Although not

incorporated herein by reference,

licensees may also consult ATSC Doc.

A/54 (‘‘Guide to the Use of the ATSC

Digital Television Standard, 4 Oct 95’’)

for guidance. This incorporation by

reference was approved by the Director

of the Federal Register in accordance

with 5 U.S.C. 552(a) and 1 CFR part 51.

Copies may be inspected at the Federal

Communications Commission, 1919 M

Street, NW., Washington, DC 20554 or at

the Office of the Federal Register, 800 N.

Capitol Street, NW., Washington, DC.

Copies of ATSC A/52, A/53, and A/54

can be obtained from the Commission’s

contract copier or from the Advanced

Television Systems Committee, 1750 K

Street, NW., Suite 800, Washington, DC

20006. They are also available in their

entirety on the Internet at http://

www.atsc.org.

[FR Doc. 97–7368 Filed 3–24–97; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 101

[ET Docket No. 95–183; PP Docket No. 93–

253; FCC 96–486]

37.0–38.6 GHz and 38.6–40.0 GHz

Bands and Implementation of Section

309(j) of the Communications Act—

Competitive Bidding

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petition for

reconsideration.

SUMMARY: Upon reconsideration, the

Commission has decided to lift the

processing freeze on amendments of

right filed on applications in the 38.6–

40.0 GHz band (‘‘the 39 GHz band’’)

before December 15, 1995.1 By this

action, all applications that were

amended to resolve mutual exclusivity

before this date will be processed,

provided that the original applications

had completed their 60-day public

notice period as of November 13, 1995.

In addition, the Commission clarifies

that applications to modify existing 39

GHz licenses and amendments thereto

will be processed regardless of when

filed, provided they neither enlarge the

service area nor change the assigned

frequency blocks (except to delete

them). In all other respects, previous

decisions regarding the filing and

processing of 39 GHz applications and

amendments are unaffected by this

Memorandum Opinion and Order.

EFFECTIVE DATE: January 17, 1997.

FOR FURTHER INFORMATION CONTACT:

Susan Magnotti, Private Wireless

Division, (202) 418–0871.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order, FCC

96–486, adopted December 20, 1996 and

released January 17, 1997. The complete

text of this document is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC 20554, and may be

purchased from the Commission’s copy

contractor, International Transcription

Service, (202) 857–3800, 2100 M Street,

NW., Washington, DC 20037.

Summary of Order

1. By this action, the Commission

resolves and provides clarification on

the treatment it will afford pending

applications in the 38.6–40.0 GHz band

(‘‘the 39 GHz band’’). The 39 GHz band

is used to support fixed point-to-point

microwave communications.

2. On September 9, 1994, the Point-toPoint Microwave Section of the

Telecommunications Industry

Association (‘‘TIA’’) filed a Petition for

Rule Making concerning use of the 39

GHz band and the 37.0–38.6 GHz (‘‘37

GHz’’) band, for which there are

currently no licensing or service rules.

On November 13, 1995, the Wireless

Telecommunications Bureau (‘‘Bureau’’)

issued a Freeze Order, 61 FR 8062

(March 1, 1996) announcing that the

Commission would no longer accept for

filing applications for new 39 GHz

licenses in the Common Carrier or

Operational Fixed Point-to-Point

Microwave Radio Services, pending

Commission action on TIA’s Petition.

3. Thereafter, on December 15, 1995,

the Commission issued an NPRM and

Order, 61 FR 2452 (January 26, 1996)

which expanded upon the November

13, 1995 Freeze Order, primarily by

distinguishing between those pending

39 GHz applications that would be

processed and those that would be held

in abeyance pending the outcome of the

rulemaking proceeding. As a result of

the above Commission actions, several

parties filed petitions for

reconsideration of that portion of the

Commission’s December 15, 1995 NPRM

and Order which imposed an interim

processing freeze on certain 39 GHz

band license applications and

amendments. An Emergency Request for

Stay of the freeze was also filed. In this

Memorandum Opinion and Order, the

Commission grants these petitions in

part and denies them in part. In light of

the Commission’s decision regarding the

petitions for reconsideration, the

Emergency Request for Stay is moot.

4. The NPRM and Order provided that

pending applications would be

processed if (1) they were not mutually

exclusive with other applications at the

time of the Bureau’s November 13, 1995

Freeze Order, and (2) the 60-day period

for filing mutually exclusive

applications had expired prior to

November 13, 1995. The NPRM and

Order further provided that those

applications that were mutually

exclusive with others as of November

13, 1995, or within the 60-day period for

filing competing applications on or after

November 13, 1995, would be held in

abeyance. Amendments to these frozen

applications received on or after

November 13, 1995, would also be held

in abeyance. Moreover, applications for

modification of existing 39 GHz licenses

filed on or after November 13, 1995,

would be held in abeyance, as well as

amendments to these modification

applications filed on or after November

13, 1995. Finally, no new applications

to modify existing licenses, or

amendments to pending modification

applications, would be accepted for

filing on or after December 15, 1995.

The foregoing restrictions on

modification applications and

amendments thereto were not intended

to apply if the requested action would

neither enlarge the service area nor

change frequency blocks (except to

delete them).

5. This Memorandum Opinion and

Order gives some of the relief requested

by petitioners by lifting the processing

freeze on amendments of right filed

before December 15, 1995. Thus, all

applications that were amended to
14016 Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Rules and Regulations

resolve mutual exclusivity before

December 15, 1995, will be processed,

provided the applications had

completed the 60-day public notice

period on or before November 13, 1995.

Another main point of the decision is

that the Commission will process those

amendments of right filed on or after

November 13, 1995, but before

December 15, 1995. Further, it will

continue to hold in abeyance all

pending mutually exclusive

applications, unless the mutual

exclusivity was resolved by an

amendment of right filed before

December 15, 1995. In addition, the

Memorandum Opinion and Order states

that applications to modify existing 39

GHz licenses and amendments thereto

would be processed regardless of when

filed, provided they neither enlarge the

service area nor change the assigned

frequency blocks (except to delete

them). These applications and

amendments will be processed and

granted, if otherwise in compliance with

the Commission’s Rules.

Ordering Clauses

6. Accordingly, it is hereby ordered

that the Petition for Reconsideration

submitted by Commco, LLC.,

PLAINCOM, INC., and Sintra Capital

Corporation, and the Petition for Partial

Reconsideration filed by DCT

Communications, Inc., are hereby

granted in part and denied in part.

7. It is further ordered that the

Emergency Petition for Stay filed by

Commco, L.L.C., PLAINCOM, INC., and

Sintra Capital Corporation is hereby

dismissed as moot.

8. This action is taken pursuant to the

authority found in Sections 4 (i) and 303

of the Communications Act of 1934, as

amended, 47 U.S.C. 154 (i) and 303, and

Section 0.131 of the Commission’s

Rules, 47 CFR 0.131. For further

information, contact Susan Magnotti,

Private Wireless Division, (202) 418–

0871.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–7260 Filed 3–24–97; 8:45 am]

BILLING CODE 6712–01–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1803, 1805, 1812, 1815,

1835, 1842, 1843, 1844, 1846, 1847,

1848, 1849, 1850, 1851, and 1852

Rewrite of the NASA FAR Supplement

(NFS)

AGENCY: Office of Procurement, National

Aeronautics and Space Administration

(NASA).

ACTION: Final rule.

SUMMARY: Parts 1842 through 1851,

except 1845, and clauses affected by

these parts are revised in their entirety.

Part 1815, Contracting by Negotiation, is

revised by relocating the existing

coverage on source selection evaluation

plans from 1815.612–70(g) to a new

separately titled section 1815.605–71,

and by establishing a new section

1815.612, Formal source selection. The

revision to part 1842 also incorporates

the changes published as a proposed

rule (61 FR 55264–55266, October 25,

1996). No public comments were

received in response to the proposed

rule, and the proposed changes are

adopted as final except for the deletion

of extraneous paragraph 1842.7201(d).

Also included in this final rule are

editorial changes to 1803 and 1815; a

revision to 1805.402 to reflect the

prohibition in FAR 15.1005(f) on

preaward disclosure of the identify of

offerors; a change to 1812 to authorize

use of an NFS contract clause in

commercial acquisitions; and the

adoption as final rule the proposed

changes to 1852.223–70 and 1852.247–

73 described in the proposed rule to

eliminate non-statutory contractor

certification requirements (61 FR

66643–66646).

EFFECTIVE DATE: March 25, 1997.

FOR FURTHER INFORMATION CONTACT:

Tom O’Toole, (202) 358–0478.

SUPPLEMENTARY INFORMATION:

Background

The National Performance Review

urged agencies to streamline and clarify

their regulations. The NFS rewrite

initiative was established to pursue

these goals by conducting a section by

section review of the NFS to verify its

accuracy, relevancy, and validity. The

NFS will be rewritten in blocks of parts.

Upon completion of all parts, the NFS

will be reissued in a new edition.

Impact

NASA certifies that this regulation

will not have a significant impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 602 et seq.). This rule does not

impose any reporting or record keeping

requirements subject to the Paperwork

Reduction Act.

List of Subjects in 48 CFR Parts 1803,

1805, 1812, 1815, 1835, 1842, 1843,

1844, 1846, 1847, 1848, 1849, 1850,

1851, and 1852

Government procurement.

Tom Luedtke,

Deputy Associate Administrator for

Procurement.

Accordingly, 48 CFR Parts 1803, 1805,

1812, 1815, 1835, 1842, 1843, 1844,

1846, 1847, 1848, 1849, 1850, 1851, and

1852 are amended as follows:

1. The authority citation for 48 CFR

1803, 1805, 1812, 1815, 1835, 1842,

1843, 1844, 1846, 1847, 1849, 1850,

1851, and 1852 continues to read as

follows:

Authority: U.S.C. 2473(c)(1).

PART 1803—IMPROPER BUSINESS

PRACTICES AND PERSONAL

CONFLICTS OF INTEREST

1803.101–1 [Amended]

2. The first sentence in section

1803.101–1 is revised to read as follows:

1803.101–1 General.

The statutory prohibitions and their

application to NASA personnel are

discussed in the Standards of Ethical

Conduct for Employees of the Executive

Branch, 5 CFR part 2635, and the

Supplemental Standards of Ethical

Conduct for Employees of the National

Aeronautics and Space Administration,

5 CFR part 6901.* * *

1803.101–2 [Amended]

3. In section 1803.101–2, the phrase

‘‘(See Standards of Conduct for NASA

Employees, NHB 1900.1.)’’ is removed.

1803.104–5 [Amended]

4. In paragraph (d)(1)(A) of section

1803.104–5, the phrase ‘‘under

1870.303, App. I,’’ is revised to read

‘‘(see 1815.612–70)’’.

PART 1805—PUBLICIZING CONTRACT

ACTIONS

1805.402 [Amended]

5. Section 1805.402 is revised to read

as follows:

1805.402 General public. (NASA

paragraphs (1) and (2))

(1) Unless the head of the contracting

activity determines that disclosure

would be prejudicial to the interests of

NASA, the following information on

NASA acquisitions may be released:

(i) The names of firms invited to

submit offers, and