13070 Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations

recipient is finally determined to be

entitled under the terms and conditions

of the award constitute a debt to the

Federal Government. If not paid within

a reasonable period after the demand for

payment, the Federal awarding agency

may reduce the debt by:

(1) Making an administrative offset

against other requests for

reimbursements,

(2) Withholding advance payments

otherwise due to the recipient,

(3) Taking other action permitted by

statute, or

(b) Except as otherwise provided by

law, the Federal awarding agency shall

charge interest on an overdue debt in

accordance with 4 CFR Chapter II,

‘‘Federal Claims Collection Standards.’’

Subpart E—Statutory Compliance

§ 2543.80 Contract Provisions.

All contracts, awarded by a recipient

including small purchases, shall contain

the following provisions as applicable:

§ 2543.81 Equal Employment Opportunity.

All contracts shall contain a provision

requiring compliance with E.O. 11246,

‘‘Equal Employment Opportunity,’’ as

amended by E.O. 11375, ‘‘Amending

Executive Order 11246 Relating to Equal

Employment Opportunity,’’ and as

supplemented by regulations at 41 CFR

part 60, ‘‘Office of Federal Contract

Compliance Programs, Equal

Employment Opportunity, Department

of Labor.’’

§ 2543.82 Copeland ‘‘Anti-Kickback’’ Act.

All contracts and subgrants in excess

of $2000 for construction or repair

awarded by recipients and subrecipients

shall include a provision for compliance

with the Copeland ‘‘Anti-Kickback’’ Act

(18 U.S.C. 874), as supplemented by

Department of Labor regulations (29

CFR part 3, ‘‘Contractors and

Subcontractors on Public Building or

Public Work Financed in Whole or in

Part by Loans or Grants from the United

States’’). The Act provides that each

contractor or subrecipient shall be

prohibited from inducing, by any

means, any person employed in the

construction, completion, or repair of

public work, to give up any part of the

compensation to which he is otherwise

entitled. The recipient shall report all

suspected or reported violations to the

Federal awarding agency.

§ 2543.83 Davis-Bacon Act.

When required by Federal program

legislation, all construction contracts

awarded by the recipients and

subrecipients of more than $2000 shall

include a provision for compliance with

the Davis-Bacon Act (40 U.S.C. 276a to

a–7) and as supplemented by

Department of Labor regulations (29

CFR part 5, ‘‘Labor Standards Provisions

Applicable to Contracts Governing

Federally Financed and Assisted

Construction’’). Under this Act,

contractors shall be required to pay

wages to laborers and mechanics at a

rate not less than the minimum wages

specified in a wage determination made

by the Secretary of Labor. In addition,

contractors shall be required to pay

wages not less than once a week. The

recipient shall place a copy of the

current prevailing wage determination

issued by the Department of Labor in

each solicitation and the award of a

contract shall be conditioned upon the

acceptance of the wage determination.

The recipient shall report all suspected

or reported violations to the Federal

awarding agency.

§ 2543.84 Contract Work Hours and Safety

Standards Act.

Where applicable, all contracts

awarded by recipients in excess of

$2000 for construction contracts and in

excess of $2500 for other contracts that

involve the employment of mechanics

or laborers shall include a provision for

compliance with Sections 102 and 107

of the Contract Work Hours and Safety

Standards Act (40 U.S.C. 327–333), as

supplemented by Department of Labor

regulations (29 CFR part 5). Under

Section 102 of the Act, each contractor

shall be required to compute the wages

of every mechanic and laborer on the

basis of a standard work week of 40

hours. Work in excess of the standard

work week is permissible provided that

the worker is compensated at a rate of

not less than 11⁄2 times the basic rate of

pay for all hours worked in excess of 40

hours in the work week. Section 107 of

the Act is applicable to construction

work and provides that no laborer or

mechanic shall be required to work in

surroundings or under working

conditions which are unsanitary,

hazardous or dangerous. These

requirements do not apply to the

purchases of supplies or materials or

articles ordinarily available on the open

market, or contracts for transportation or

transmission of intelligence.

§ 2543.85 Rights to Inventions Made Under

a Contract or Agreement.

Contracts or agreements for the

performance of experimental,

developmental, or research work shall

provide for the rights of the Federal

Government and the recipient in any

resulting invention in accordance with

37 CFR part 401, ‘‘Rights to Inventions

Made by Nonprofit Organizations and

Small Business Firms Under

Government Grants, Contracts and

Cooperative Agreements,’’ and any

implementing regulations issued by the

awarding agency.

§ 2543.86 Clean Air Act and the Federal

Water Pollution Control Act.

Contracts and subgrants of amounts in

excess of $100,000 shall contain a

provision that requires the recipient to

agree to comply with all applicable

standards, orders or regulations issued

pursuant to the Clean Air Act (42 U.S.C.

7401 et seq.) and the Federal Water

Pollution Control Act as amended (33

U.S.C. 1251 et seq.). Violations shall be

reported to the Federal awarding agency

and the Regional Office of the

Environmental Protection Agency

(EPA).

§ 2543.87 Byrd Anti-Lobbying Amendment.

Contractors who apply or bid for an

award of $100,000 or more shall file the

required certification. Each tier certifies

to the tier above that it will not and has

not used Federal appropriated funds to

pay any person or organization for

influencing or attempting to influence

an officer or employee of any agency, a

member of Congress, officer or

employee of Congress, or an employee

of a member of Congress in connection

with obtaining any Federal contract,

grant or any other award covered by 31

U.S.C. 1352. Each tier shall also disclose

any lobbying with non-Federal funds

that takes place in connection with

obtaining any Federal award. Such

disclosures are forwarded from tier to

tier up to the recipient.

§ 2543.88 Debarment and Suspension.

No contract shall be made to parties

listed on the General Services

Administration’s List of Parties

Excluded from Federal Procurement or

Nonprocurement Programs in

accordance with E.O.s 12549 and 12689,

‘‘Debarment and Suspension.’’ This list

contains the names of parties debarred,

suspended, or otherwise excluded by

agencies, and contractors declared

ineligible under statutory or regulatory

authority other than E.O. 12549.

Contractors with awards that exceed the

small purchase threshold shall provide

the required certification regarding its

exclusion status and that of its principal

employees.

[FR Doc. 95–5625 Filed 3–9–95; 8:45 am]

BILLING CODE 6050–28–P
Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations 13071

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 2 and 15

[ET Docket No. 94–32; FCC 95–47]

Spectrum Below 5 GHz Transferred

From Federal Government Use

AGENCY: Federal Communications

Commission.

ACTION: Report and order.

SUMMARY: This First Report and Order

adopts allocations for 50 megahertz of

spectrum that has been transferred from

Federal Government use to private

sector use. This action is necessary to

comply with provisions of the Omnibus

Budget Reconciliation Act of 1993

(Reconciliation Act) that require the

Commission to allocate, and propose

regulations to assign, this spectrum

within 18 months of adoption of the

Reconciliation Act. A companion Notice

of Proposed Rule Making, published

elsewhere in this issue, proposes rules

to govern use of the spectrum allocated

in this Report and Order. Our goal in

taking this action is to provide for use

of spectrum transferred from Federal

Government to private sector use in a

way that will benefit the public by

providing for the introduction of new

services and devices and enhance

existing services and devices.

EFFECTIVE DATE: April 10, 1995.

FOR FURTHER INFORMATION CONTACT:

Steve Sharkey, Office of Engineering

and Technology, (202) 739–0723.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s First

Report and Order, ET Docket No. 94–32,

FCC 95–47, adopted February 7, 1995,

and released February 17, 1995. The full

text of this First Report and Order is

available for inspection during normal

business hours in the Records Room of

the Federal Communications

Commission, room 239, 1919 M St.,

NW., Washington, DC. The complete

text may be purchased from the

Commission’s copy contractor, ITS, Inc.,

2100 M St., NW., suite 140, Washington,

DC 20037, telephone (202) 857–3800.

Summary of First Report and Order

(R&O)

1. The purpose of this R&O is to adopt

allocations for 50 megahertz of spectrum

that has been transferred from Federal

Government to private sector use as

required by the Omnibus Budget

Reconciliation Act of 1993, Pub. L. No.

103–66, Title VI, section 6001(a)(3), 107

Stat. 312 (approved August 10, 1993)

(Reconciliation Act).

2. In compliance with the provision of

the Reconciliation Act, the Department

of Commerce released a report on

February 10, 1994, which made a

preliminary identification of 200

megahertz of spectrum for reallocation

from Federal Government to private

sector use, including 50 megahertz at

2390–2400 MHz, 2402–2417 MHz, and

4660–4685 MHz identified for

immediate availability. The

Reconciliation Act requires that, by

February 10, 1995, the Commission

allocate, and propose regulations to

assign, the 50 megahertz of spectrum

that is immediately available. On

November 8, 1994, we released a Notice

of Proposed Rule Making, 59 FR 59393

(11/17/94), in this proceeding proposing

that all 50 megahertz of immediately

available spectrum be allocated for

Fixed and Mobile service. As an

alternative to allocating this spectrum

generally for Fixed and Mobile services,

the Notice of Proposed Rule Making

requested comment on the possible

allocation of these bands for specific

communications services including an

aeronautical audio/visual service to

provide real time information and

entertainment aboard aircraft, wireless

local loop service, broadcast auxiliary

services to support advanced television,

unlicensed PCS, low-power

communications, either on a licensed or

unlicensed basis, and continued use of

some of this spectrum by the amateur

community.

3. Based on the record in this

proceeding, the Commission determined

that an approach that provides spectrum

for both unlicensed devices and Fixed

and Mobile services would best serve

the public interest. Taking into account

the unique nature of some of the bands

under consideration, the current

communications environment, and the

suggestions of the commenting parties,

we find it is desirable to allocate 25

megahertz for specific services and

devices and 25 megahertz for Fixed and

Mobile operations. In particular, we are

providing 25 megahertz for use by

unlicensed devices and the Amateur

service and 25 megahertz for Fixed and

Mobile operations. Specifically, we are

allocating the 2390–2400 MHz band for

use by unlicensed asynchronous

Personal Communications Services

(PCS) devices, providing for continued

use of the 2402–2417 MHz band by

devices operating in accordance with

Part 15 of our Rules, allocating both of

these bands for use by the Amateur

service on a primary basis, and

allocating the band 4660–4685 MHz for

use by Fixed and Mobile services. The

2390–2400 MHz and 2402–2417 MHz

bands will be governed by existing

applicable rules. In a companion

Second Notice of Proposed Rule

Making, the Commission proposed rules

for use of the 4660–4685 MHz band. The

allocations adopted in this Report and

Order will benefit the public by

providing for the introduction of new

services and devices and the

enhancement of existing services and

devices. These new and enhanced

services and uses will create new jobs,

foster economic growth, and improve

access to communications by industry

and the American public.

Final Regulatory Flexibility Analysis

1. Need and purpose of this action:

This Report and Order allocates 50

megahertz of spectrum that was

transferred from Federal Government to

private sector use. Transfer and

allocation of this spectrum was required

by the Omnibus Budget Reconciliation

Act of 1993.

2. Summary of the issues raised by the

public comments in response to the

Initial Regulatory Flexibility Analysis:

There were no comments submitted in

response to the Initial Regulatory

Flexibility Analysis.

3. Significant alternatives considered:

Commenters in this proceeding

supported allocating the spectrum

under consideration for a number of

various services. These services include

wireless local loops, a ground-to-air

aeronautical audio/video service,

mobile satellite service, private services,

unlicensed PCS devices, other

unlicensed devices, amateur service,

interactive data, audio and video

services, fixed service, mobile services,

and broadcast auxiliary services. This

Report and Order considers all of these

uses and provides analysis regarding

each. As a result of this analysis, the

Commission determined that the action

taken in this Report and Order would

provide the most beneficial use of the

spectrum under consideration.

Paperwork Reduction

This proposal has been analyzed with

respect to the Paperwork Reduction Act

of 1980 and found to contain no new or

modified form, information collection

and/or recordkeeping, disclosure or

record retention requirements and will

not increase the burden hours imposed

on the public.

List of Subjects

47 CFR Part 2

Radio.

47 CFR Part 15

Communications equipment,

Computer technology, Labeling, Radio.
13072 Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Amendatory Text

Parts 2 and 15 of Chapter I of Title 47

of the Code of Federal Regulations are

amended as follows:

PART 2—FREQUENCY ALLOCATIONS

AND RADIO TREATY MATTERS;

GENERAL RULES AND REGULATIONS

1. The authority citation for Part 2

continues to read as follows:

Authority: Sec. 4, 302, 303, and 307 of the

Communications Act of 1934, as amended,

47 U.S.C. 154, 302, 303 and 307, unless

otherwise noted.

2. Section 2.106, the Table of

Frequency Allocations, is amended to

read as follows:

a. In the 2390–2450 MHz band and

the 4500–4800 MHz band, revise all

columns to read as follows:

§ 2.106 Table of Frequency Allocations.

* * * * *

International table United States table FCC use designators

Region 1—allocation MHzRegion 2—allocation MHzRegion 3—allocation MHz

Government Non-Government

Rule part(s) Special-use frequencies Allocation MHz Allocation MHz

(1) (2) (3) (4) (5) (6) (7)

* * * * * * *

2300–2450 2300–2450 2300–2450 2300–2310 2300–2310

FIXED. FIXED. FIXED. RADIOLOCATION. Amateur. Amateur (97).

MOBILE. MOBILE. MOBILE. Fixed.

Amateur. RADIOLOCATION.RADIOLOCATION.Mobile.

Radiolocation. Amateur. Amateur. US253 G2 US253

2310–2360 2310–2360

Mobile. BROADCASTING- Digital

Radiolocation. SATELLITE. Audio Radio

Fixed. Mobile. Services.

751B US276 US327 751B US276

US327

US328 G2 G120 US328

2360–2390 2360–2390

MOBILE. MOBILE.

RADIOLOCATION.

Fixed.

US276 G2 G120 US276

2390–2400

G122

2390–2400

AMATEUR.

Radio Frequency Devices (15).

AMATEUR (97)

2400–2402 2400–2402

RADIOLOCATION. Amateur. Amateur (97).

664 752 G2 664 752

664 751A 752 664 750B 751 664 750B 751 2402–2417 2402–2417 AMATEUR (97).

751B 752 751B 752 AMATEUR. Radio Frequency

664 752 G122 664 752 Devices (15).

2417–2450 2417–2450

RADIOLOCATION.

664 752 G2

Amateur.

664 752

Amateur (97).

* * * * * * *

4500–4800 4500–4800 4500–4800 4500–4660 4500–4660

FIXED. FIXED-SATELLITE

FIXED. FIXED. FIXED. MOBILE. (space-to-Earth).

FIXED-SATELLITE

(space-toEarth)

FIXED-SATELLITE

(space-toEarth)

FIXED-SATELLITE

(space-toEarth)

US245 792A US245

792A. 792A. 792A. 4660–4685 4660–4685

MOBILE. MOBILE. MOBILE.

FIXED.

FIXED-SATELLITE

(space-to-Earth).

MOBILE.

G122 792A US245

4685–4800 4685–4800

FIXED. FIXED-SATELLITE

MOBILE. (space-to-Earth).

US245 792A US245

* * * * * * *
Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations 13073

b. Government footnote G2 is revised

and Government footnote G122 is added

to read as follows:

Government (G) Footnotes

* * * * *

G2 In the bands 216–225, 420–450 (except

as provided by US 217), 890–902, 928–942,

1300–1400, 2300–2390, 2400–2402, 2417–

2450, 2700–2900, 5650–5925, and 9000–9200

MHz, the Government radiolocation is

limited to the military services.

* * * * *

G122 The bands 2390–2400, 2402–2417

and 4660–4685 MHz were identified for

immediate reallocation, effective August 10,

1994, for exclusive non-Government use

under Title VI of the Omnibus Budget

Reconciliation Act of 1993. Effective August

10, 1994, any Government operations in

these bands are on a non-interference basis

to authorized non-Government operations

and shall not hinder the implementation of

any non-Government operations.

PART 15—RADIO FREQUENCY

DEVICES

1. The authority citation for Part 15

continues to read as follows:

Authority: Sec. 4, 302, 303, 304, and 307

of the Communications Act of 1934, as

amended, 47 U.S.C. 154, 302, 303, 304, and

307.

2. Section 15.301 is revised to read as

follows:

§ 15.301 Scope.

This subpart sets out the regulations

for unlicensed personal

communications services (PCS) devices

operating in the 1910–1930 MHz and

2390–2400 MHz frequency bands.

3. Section 15.303 is amended by

revising paragraph (g) to read as follows:

§ 15.303 Definitions.

* * * * *

(g) Personal Communications Services

(PCS) Devices [Unlicensed]. Intentional

radiators operating in the frequency

bands 1910–1930 MHz and 2390–2400

MHz that provide a wide array of mobile

and ancillary fixed communication

services to individuals and businesses.

* * * * *

4. Section 15.311 is revised to read as

follows:

§ 15.311 Labelling requirements.

In addition to the labelling

requirements of § 15.19(a)(3), all devices

operating in the frequency band 1910–

1930 MHz authorized under this subpart

must bear a prominently located label

with the following statement:

Installation of this equipment is subject to

notification and coordination with UTAM,

Inc. Any relocation of this equipment must

be coordinated through, and approved by

UTAM. UTAM may be contacted at [insert

UTAM’s toll-free number].

5. Section 15.319 is amended by

revising the first sentence of paragraph

(a) to read as follows:

§ 15.319 General technical requirements.

(a) The 1910–1920 MHz and 2390–

2400 MHz bands are limited to use by

asynchronous devices under the

requirements of § 15.321. * * *

* * * * *

6. Section 15.321 is amended by

revising the heading, paragraphs (a) and

(b) and the first sentence of paragraph

(e) to read as follows:

§ 15.321 Specific requirements for

asynchronous devices operating in the

1910–1920 MHz and 2390–2400 MHz bands.

(a) Operation shall be contained

within either or both of the 1910–1920

MHz and 2390–2400 MHz bands. The

emission bandwidth of any intentional

radiator operating in these bands shall

be no less than 500 kHz.

(b) All systems of less than 2.5 MHz

emission bandwidth shall start

searching for an available spectrum

window within 3 MHz of the band edge

at 1910, 1920, 2390, or 2400 MHz while

systems of more than 2.5 MHz emission

bandwidth will first occupy the center

half of the band. Devices with an

emission bandwidth of less than 1.0

MHz may not occupy the center half of

the band if other spectrum is available.

* * * * *

(e) The frequency stability of the

carrier frequency of intentional radiators

operating in accordance with this

section shall be ±10 ppm over 10

milliseconds or the interval between

channel access monitoring, whichever is

shorter. * * *

* * * * *

[FR Doc. 95–5382 Filed 3–9–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF DEFENSE

48 CFR Parts 209 and 252

Defense Federal Acquisition

Regulation Supplement; Institutions of

Higher Education

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

public comments.

SUMMARY: The Director of Defense

Procurement is issuing an interim rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to preclude award of contracts

to, or consent to subcontracts with

institutions of higher education which

have been determined to have a policy

of denying, or effectively preventing the

Secretary of Defense from obtaining for

military recruiting purposes entry to

campuses, access to students on

campus, or access to directory

information pertaining to students. The

rule also requires that departments and

agencies shall make no further

payments under existing contracts and

shall initiate termination action if

institutions are determined to have such

a policy.

DATES: Effective Date: March 6, 1995.

Comment Date: Comments on the

interim rule should be submitted to the

address shown below on or before May

9, 1995 to be considered in formulation

of a final rule.

ADDRESSES: Interested parties should

submit written comments to The

Defense Acquisition Regulations

Council, ATTN: Ms. Linda Holcombe,

PDUSD (A&T)DP(DAR), IMD 3D139,

3062 Defense Pentagon, Washington,

D.C. 20301–3062. Telefax number (703)

602–0350. Please cite DFARS Case 94–

D310 in all correspondence related to

this issue.

FOR FURTHER INFORMATION CONTACT: Ms.

Linda S. Holcombe, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

Section 558 of the National Defense

Authorization Act for Fiscal year 1995

(Pub. L 103–337) provides that no funds

available to the Department of Defense

may be provided by grant or contract to

any institution of higher education that

either (1) has a policy of denying, or (2)

effectively prevents the Secretary of

Defense from obtaining for military

recruiting purposes entry to campuses,

access to students on campuses, or

access to directory information

pertaining to students.

This interim rule establishes a

requirement for all solicitations and

contracts with institutions of higher

education to include a clause which

requires the contractor to represent that

it does not now have and will not in the

future adopt a policy of denying or

effectively preventing the Secretary of

Defense from obtaining for military

recruiting purposes entry to their

campuses, access to students on

campuses, or access to directory

information pertaining to their students.

Institutions found to have such policies

are ineligible for contract award and

payments under existing contracts. In

addition, the Government shall

terminate the contract for the

contractor’s material failure to comply

with the terms and conditions of award.