28356 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

(2) Volunteers will be considered

Federal employees for the purposes of 5

U.S.C. chapter 81, subchapter I, relating

to compensation to Federal employees

for work injuries; and

(3) Volunteers will be considered

special Government employees for the

purpose of ethics and public integrity

under the provisions of 18 U.S.C.

chapter 11, part I, and 5 CFR chapter

XVI, subchapter B.

(d) Inherently governmental function

means any activity that is so intimately

related to the public interest as to

mandate performance by an officer or

employee of the Federal Government,

including an activity that requires either

the exercise of discretion in applying

the authority of the Government or the

use of value judgment in making a

decision for the Government.

§ 2544.115 Who may offer a donation?

Anyone, including an individual,

group of individuals, organization,

corporation, or association may offer a

donation to the Corporation.

§ 2544.120 What personal services from a

volunteer may be solicited and accepted?

A donation in the form of personal

services from a volunteer may be

solicited and accepted to assist the

Corporation in carrying out its duties.

However, volunteers may not perform

an inherently governmental function.

§ 2544.125 Who has the authority to solicit

and accept or reject a donation?

The Chief Executive Officer (CEO) of

the Corporation has the authority to

solicit, accept, or reject a donation

offered to the Corporation and to make

the determinations described in

§ 2544.130 (c) and (d). The CEO may

delegate this authority in writing to

other officials of the Corporation.

§ 2544.130 How will the Corporation

determine whether to solicit or accept a

donation?

(a) The Corporation will solicit and

accept a donation only for the purpose

of furthering the mission and goals of

the Corporation.

(b) In order to be accepted, the

donation must be economically

advantageous to the Corporation,

considering foreseeable expenditures for

matters such as storage, transportation,

maintenance, and distribution.

(c) An official or employee of the

Corporation will not solicit or accept a

donation if the solicitation or

acceptance would present a real or

apparent conflict of interest. An

apparent conflict of interest is presented

if the solicitation or acceptance would

raise a question in the mind of a

reasonable person, with knowledge of

the relevant facts, about the integrity of

the Corporation’s programs or

operations.

(d) The Corporation will determine

whether a conflict of interest exists by

considering any business relationship,

financial interest, litigation, or other

factors that may indicate such a conflict.

Donations of property or voluntary

services may not be solicited or

accepted from a source which:

(1) Is a party to a grant or contract

with the Corporation or is seeking to do

business with the Corporation;

(2) Has pecuniary interests that may

be substantially affected by performance

or nonperformance of the Corporation;

or

(3) Is an organization a majority of

whose members are described in

paragraphs (d)(1) and (2) of this section.

(e) Any solicitation or offer of a

donation that raises a question or

concern of a potential, real, or apparent

conflict of interest will be forwarded to

the Corporation’s Designated Ethics

Official for an opinion.

§ 2544.135 How should an offer of a

donation be made?

(a) In general, an offer of donation

should be made by providing a letter of

tender that offers a donation. The letter

should be directed to an official

authorized to accept donations, describe

the property or service offered, and

specify any purpose for, or condition

on, the use of the donation.

(b) If an offer is made orally, the

Corporation will send a letter of

acknowledgment to the offeror. If the

donor is anonymous, the Corporation

will prepare a memorandum to the file

acknowledging receipt of a tendered

donation and describing the donation

including any special terms or

conditions.

(c) Only those employees or officials

with expressed notice of authority may

accept donations on behalf of the

Corporation. If an offer is directed to an

unauthorized employee or official of the

Corporation, that person must

immediately forward the offer to an

appropriate official for disposition.

§ 2544.140 How will the Corporation

accept or reject an offer?

(a) In general, the Corporation will

respond to an offer of a donation in

writing and include in the response:

(1) An acknowledgment of receipt of

the offer;

(2) A brief description of the offer and

any purpose or condition that the

offeror specified for the use of the

donation;

(3) A statement either accepting or

rejecting the donation; and

(4) A statement informing the donor

that any acceptance of services or

property can not be used in any manner,

directly or indirectly, that endorses the

donor’s products or services or appears

to benefit the financial interests or

business goals of the donor.

(b) If a purpose or condition for the

use of the donation specified by the

offeror can not be accommodated, the

Corporation may request the offeror to

modify the terms of the donation.

§ 2544.145 What will be done with property

that is not accepted?

In general, property offered to the

Corporation but not accepted will be

returned to the offeror. If the offeror is

unknown or the donation would spoil if

returned, the property will either be

disposed of in accordance with Federal

Property Management regulations (41

CFR chapter 101) or given to local

charities determined by the Corporation.

§ 2544.150 How will accepted donations be

recorded and used?

(a) All accepted donations of money

and other property will be reported to

the Chief Financial Officer (CFO) of the

Corporation for recording and

appropriate disposition.

(b) All donations of personal services

of a volunteer will be reported to the

CFO and to the Personnel Division of

the Corporation for processing and

documentation.

(c) Donations not designated for a

particular purpose will be used for an

authorized purpose described in

§ 2544.125.

(d) Property will be used as nearly as

possible in accordance with the terms of

the donation. If no terms are specified,

or the property can no longer be used

for its original purpose, the property

will be converted to another authorized

use or sold in accordance with Federal

regulations. The proceeds of the sale

will be used for an authorized purpose

described in § 2544.125.

[FR Doc. 95–13236 Filed 5–30–95; 8:45 am]

BILLING CODE 6050–28–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 94–142; RM–8546]

Radio Broadcasting Services;

Knoxville, IL

AGENCY: Federal Communications

Commission.

ACTION: Final rule; correction.

SUMMARY: This document contains a

correction to the final regulation
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28357

document which was published

Monday, April 24, 1995 (60 FR 20052).

EFFECTIVE DATE: May 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Gayle Shifflett, Publications Branch,

(202) 418–0310.

SUPPLEMENTARY INFORMATION:

Need of Correction

As published, the final regulation

document contains an error in the

effective date, the window period and

closing date.

Correction of Publication

Accordingly, the publication on April

24, 1995 of the final regulations, which

were the subject of FR Doc. 95–10026 is

corrected as follows:

On page 20052, in the second column,

in the DATES section, the effective date,

the window period for filing

applications should be June 5, 1995 in

lieu of May 29, 1995.

The closing date for filing

applications should be July 6, 1995 in

lieu of June 13, 1995.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–13215 Filed 5–30–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 73

[MM Docket No. 94–68; RM 8486]

Radio Broadcasting Services; Billings,

MT

AGENCY: Federal Communications

Commission.

ACTION: Final rule; correction.

SUMMARY: This document contains a

correction to the final regulation

document which was published

Monday, April 24, 1995 (60 FR 20052).

EFFECTIVE DATE: May 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Gayle Shifflett, Publications Branch,

(202) 418–0310.

SUPPLEMENTARY INFORMATION:

Need of Correction

As published, the final regulation

document contains an error in the

effective date, the window period and

closing date.

Correction of Publication

Accordingly, the publication on April

24, 1995 of the final regulations, which

were the subject of FR Doc. 95–10025 is

corrected as follows:

On page 20052, in the third column,

in the DATES section, the effective date,

the window period for filing

applications should be June 5, 1995 in

lieu of May 29, 1995.

The closing date for filing

applications should be July 6, 1995 in

lieu of June 13, 1995.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–13214 Filed 5–30–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 76

[CS Docket No. 94–95; DA 95–1121]

Cable Television Service; List of Major

Television Markets

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, through this

action, amends its rules regarding the

listing of major television markets to

change the designation of the Tampa-St.

Petersburg-Clearwater, Florida

television market to include the

community of Lakeland, Florida. This

action is taken at the request of Public

Interest Corporation, licensee of

television station WTMV(TV), channel

32, Lakeland, Florida.

EFFECTIVE DATE: Rule provisions of Part

76 shall be effective June 30, 1995.

FOR FURTHER INFORMATION CONTACT:

Leora Hochstein, Cable Services Bureau,

(202) 416–0800.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, CS Docket No. 94–95,

adopted May 16, 1995 and released May

25, 1995. 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, 1919 M Street

NW., Washington, DC 20554.

Synopsis of the Report and Order

1. Before the Commission is the

Notice of Proposed Rule Making

adopted on August 12, 1994 and

released on August 15, 1994, 59 FR

43805 (1994), issued in response to a

petition filed by Public Interest

Corporation, licensee of television

station WTMV(TV), channel 32,

Lakeland, Florida (‘‘WTMV’’). The

Notice proposed to amend § 76.51 of the

Commission’s Rules, to change the

designation of the Tampa-St. PetersburgClearwater, Florida television market to

‘‘Tampa-St. Petersburg-ClearwaterLakeland, Florida.’’ No comments in

opposition to this proposal have been

filed.

Background

2. Section 76.51 of the Commission’s

Rules enumerates the top 100 television

markets and the designated

communities within those markets.

Among other things, this market list is

used to determine the scope of

territorial exclusivity rights that

television broadcast stations may

purchase and, in addition, may help

define the scope of compulsory

copyright license liability for cable

operators in certain circumstances.

Certain cable television syndicated

exclusivity and network nonduplication

rights are also determined by the

presence of broadcast station

communities of license on this list.

Some of the markets consist of more

than one named community (a

‘‘hyphenated market’’). Such

‘‘hyphenation’’ of a market is based on

the premise that stations licensed to any

of the named communities in the

hyphenated market do, in fact, compete

with all stations licensed to such

communities. Market hyphenation

‘‘helps equalize competition’’ where

portions of the market are located

beyond the Grade B contours of some

stations in the area yet the stations

compete for economic support.

3. Section 4 of the Cable Television

Consumer Protection and Competition

Act of 1992 (‘‘Cable Act’’), which

amended Section 614 of the

Communications Act of 1934, as

amended (‘‘Act’’), requires the

Commission to make revisions needed

to update the list of top 100 television

markets and their designated

communities in § 76.51 of the

Commission’s Rules.

Rule Making Comments

4. The petitioner contends that

WTMV in Lakeland competes directly

with television stations in the Tampa-St.

Petersburg-Clearwater hyphenated

market for audience share and

advertising revenues. Although

Lakeland is located inside the TampaSt. Petersburg ‘‘area of dominant

influence’’ (‘‘ADI’’), the petitioner

argues that because Lakeland is not a

designated community in the above

market, WTMV is considered a ‘‘distant

signal’’ for purposes of compulsory

copyright license liability if carried on

cable systems more than 35 miles from

Lakeland. According to the petitioner,

the consequence of being classified as a

‘‘distant signal’’ is that cable systems

will have to pay significant copyright