Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules and Regulations 14377

PART 76—CABLE TELEVISION

SERVICE

1. The authority citation for Part 76

continues to read as follows:

Authority: Secs. 2, 3, 4, 301, 303, 307,

308, 309, 48 Stat., as amended, 1064,

1065, 1066, 1081, 1082, 1083, 1084,

1085, 1101; 47 U.S.C. Secs. 152, 153,

154, 301, 303, 307, 308, 309, 532, 533,

535, 542, 543, 552, as amended, 106

Stat. 1460.

2. Section 76.934 is amended by

adding paragraph (f) to read as follows:

§ 76.934 Small systems and small

operators.

* * * * *

(f) Alternative rate regulation

agreements.

(1) Local franchising authorities,

certified pursuant to § 76.910,

independent small systems, and small

systems owned by small multiple

system operators as defined by

§§ 76.901 and 76.922(b)(5)(A) may enter

into alternative rate regulation

agreements affecting the basic service

tier and the cable programming service

tier.

(2) Small systems must file with the

Commission a copy of the operative

alternative rate regulation agreement

within 30 days after its effective date.

(3) Alternative rate regulation

agreements affecting the basic service

tier shall take into account the

following:

(i) The rates for cable systems that are

subject to effective competition;

(ii) The direct costs of obtaining,

transmitting, and otherwise providing

signals carried on the basic service tier,

including signals and services carried

on the basic service tier pursuant to

§§ 76.56 and 76.64, and changes in such

costs;

(iii) Only such portion of the joint and

common costs of obtaining,

transmitting, and otherwise providing

such signals as is determined to be

reasonably and properly allocable to the

basic service tier, and changes in such

costs;

(iv) The revenues received by a cable

operator from advertising from

programming that is carried as part of

the basic service tier or from other

consideration obtained in connection

with the basic service tier;

(v) The reasonably and properly

allocable portion of any amount

assessed as a franchise fee, tax, or

charge of any kind imposed by any State

or local authority on the transactions

between cable operators and cable

subscribers or any other fee, tax, or

assessment of general applicability

imposed by a governmental entity

applied against cable operators or cable

subscribers;

(vi) Any amount required to satisfy

franchise requirements to support

public, educational, or governmental

channels or the use of such channels or

any other services required under the

franchise; and

(vii) A reasonable profit. The rate

agreed to in such an alternative rate

regulation agreement shall be deemed to

be a reasonable rate.

(4) Alternative rate regulation

agreements affecting the cable

programming service tier shall take into

account, among other factors, the

following:

(i) The rates for similarly situated

cable systems offering comparable cable

programming services, taking into

account similarities in facilities,

regulatory and governmental costs, the

number of subscribers, and other

relevant factors;

(ii) The rates for cable systems, if any,

that are subject to effective competition;

(iii) The history of the rates for cable

programming services of the system,

including the relationship of such rates

to changes in general consumer prices;

(iv) The rates, as a whole, for all the

cable programming, cable equipment,

and cable services provided by the

system, other than programming

provided on a per channel or per

program basis;

(v) Capital and operating costs of the

cable system, including the quality and

costs of the customer service provided

by the cable system; and

(vi) The revenues received by a cable

operator from advertising from

programming that is carried as part of

the service for which a rate is being

established, and changes in such

revenues, or from other consideration

obtained in connection with the cable

programming services concerned. The

rate agreed to in such an alternative rate

regulation agreement shall be deemed to

be a reasonable rate.

(5) Certified local franchising

authorities shall provide a reasonable

opportunity for consideration of the

views of interested parties prior to

finally entering into an alternative rate

regulation agreement.

(6) A basis service rate decision by a

certified local franchising authority

made pursuant to an alternative rate

regulation agreement may be appealed

by an interested party to the

Commission pursuant to § 76.944 as if

the decision were made according to

§§ 76.922 and 76.923.

[FR Doc. 95–6555 Filed 3–16–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 22 and 52

[Federal Acquisition Circular 90–23

Correction]

Federal Acquisition Regulation;

Technical Correction

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Technical correction.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council are

issuing a correction to Federal

Acquisition Circular 90–23 published

on December 28, 1994, at 59 FR 67010.

Miscellaneous typographical, editorial,

and technical errors appeared in the

following areas: FAR Case 91–13—

Acquisition of Utility Services, FAR

Case 93–27—Cost Accounting Standards

Applicability and Thresholds, and in

FAR Case 90–62—Construction

Contracting.

EFFECTIVE DATE: December 28, 1994.

FOR FURTHER INFORMATION CONTACT: Ms.

Beverly Fayson at (202) 501–4755,

General Services Administration, FAR

Secretariat, Washington, DC 20405.

Corrections

41.501 [Corrected]

1. In the Federal Register issue of

December 28, 1994, under FAR Case 91–

13, on page 67022, under 41.501, in the

third column, in paragraph (d)(3), in the

second line from the bottom of the

paragraph following the word

‘‘paragraphs’’, ‘‘(f)’’ and ‘‘(i)’’ should

read ‘‘(d)(6)’’ and ‘‘(d)(4)’’, respectively.

FAR Case 93–27 [Corrected]

2. In the same issue under FAR Case

93–27, on page 67042, in the second

column, under EFFECTIVE DATE, in the

first line at the top, ‘‘February 27, 1994’’

should read ‘‘February 27, 1995’’.

52.236–27 [Corrected]

3. In the same issue under FAR Case

90–62, on page 67050, in the second

column, under paragraph (a), second

line from the top, ‘‘Investigations’’

should read ‘‘Investigation’’.
14378 Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules and Regulations

Dated: March 10, 1995.

C. Allen Olson,

Director, Office of Federal Acquisition Policy,

General Services Administration.

[FR Doc. 95–6623 Filed 3–16–95; 8:45 am]

BILLING CODE 6820–34–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 1805

Revision to NASA Supplement

Coverage on Advance Notification of

Significant Procurement Actions

AGENCY: Office of Procurement, Contract

Management Division, National

Aeronautics and Space Administration

(NASA).

ACTION: Final rule.

SUMMARY: NASA is adding a

requirement regarding the notification

to the NASA Administrator of

significant procurement actions. These

actions include contractor selections for

competitive procurements valued at $25

million or more and noncompetitive

contract awards valued at $100 million

or more. The purpose of this notification

process is to ensure that the

Administrator has knowledge of these

actions in case of congressional or

public inquiries.

EFFECTIVE DATE: March 17, 1995.

ADDRESSES: Office of Procurement,

Contract Management Division (Code

HK), NASA Headquarters, 300 E Street

SW, Washington, DC 20546.

FOR FURTHER INFORMATION CONTACT:

Ms. Deborah O’Neill, (202) 358–0440.

SUPPLEMENTARY INFORMATION:

Background

Advance notification to the NASA

Administrator of large and potentially

sensitive contract actions is necessary to

ensure that the Administrator has

knowledge of these actions in case of

Congressional or public inquiries either

before or immediately after public

announcement of the actions.

Notification must be provided to NASA

Headquarters (Code HS), by facsimile

transmission, at least five (5) work days

prior to the intended public

announcements of contractor selection

and contract award actions. This allows

sufficient time for the information to be

provided to the Administrator within

the Administrator’s normal work flow

system. Field installations are not to

proceed with any announcements until

Code HS has advised that the

Administrator has been notified of the

proposed action and the supporting

information.

Availability of NASA FAR Supplement

The NASA FAR Supplement, of

which this proposed coverage will

become a part, is codified in 48 CFR

chapter 18, and is available in its

entirety on a subscription basis from the

Superintendent of Documents,

Government Printing Office,

Washington, DC 20402. Cite GPO

Subscription Stock Number 933–003–

00000–1. It is not distributed to the

public, whether in whole or in part,

directly by NASA.

Regulatory Flexibility Act

NASA certifies that this final rule will

not have a significant economic impact

on a substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.).

Paperwork Reduction Act

This rule does not impose any

information collection subject to 44

U.S.C. chapter 35.

List of Subjects in 48 CFR Part 1805

Government procurement.

Deidre A. Lee,

Associate Administrator for Procurement.

Accordingly, 48 CFR part 1805 is

amended as follows:

1. The authority citation for 48 CFR

part 1805 continues to read as follows:

Authority: 42 U.S.C. 2473(c)(1).

PART 1805—PUBLICIZING CONTRACT

ACTIONS

1805.303–70 [Added]

2. Sections 1805–303.70 and 1805–

303.71 are redesignated as sections

1805.303–71 and 1805–303.72, and a

new section 1805.303–70 is added to

read as follows:

1805.303–70 Notification of significant

procurement actions.

(a) NASA Headquarters (Code HS)

shall be notified of the following

procurement actions at least five (5)

workdays prior to planned public

announcement of the actions:

(1) Planned announcement of

contractor selection and planned

contract award for competitive

procurements of $25 million or more.

(2) Planned contract award of

noncompetitive awards and new work

modifications of $100 million or more.

(3) Planned award of other

procurement actions at any dollar value

thought to be of significant interest to

Headquarters.

(b) Field installation procurement

officers shall send the information listed

in paragraphs (b) (1) through (10) of this

section to NASA Headquarters (Code

HS) via facsimile transmission (202–

358–4065). Immediately prior to

transmission, Code HS shall be notified

by telephone (202–358–2080) of the

impending transmission so that a person

may immediately receive the

transmission. Code HS will hand-carry

the notification to the Office of the

Administrator (Code A) and provide a

copy to the Associated Administrator

for Procurement (Code H) to limit access

to the information to those persons

authorized to receive such information

as described in 48 CFR (FAR) 1803.104–

5(c). In accordance with 48 CFR (FAR)

3.104–5(c), all pages that include source

selection information shall be marked

with the legend ‘‘SOURCE SELECTION

INFORMATION—SEE FAR 3.104.’’ The

information to be sent is as follows:

(1) Title and a brief nontechnical

description of the work, including

identification of the program or project.

(2) Type of action (whether the action

will result in a new contract or is for

additional work under an existing

contract).

(3) Type of contract (e.g., Firm-FixedPrice or Cost type, including whether

the cost contract is completion or levelof-effort).

(4) The total contract value for the

instant action including all priced

options (for selection notifications, this

would be the successful offeror’s best

and final offer (BAFO) amount and, for

award notifications, the negotiated

value of the contract). Also include the

Government’s most probable cost.

(5) The name, address, and business

size status of the prime contractor and

each major (over $1M) subcontractor.

(6) Small business and small

disadvantaged business subcontracting

goals both in dollars and percentage of

the value of the action including all

options.

(7) Work performance location.

(8) Unusual circumstances (briefly

describe any facts or events that bear

upon this procurement and make it

unusual).

(9) Contacts (names and telephone

numbers of a prime and alternate center

points of contact).

(10) Provide the following

information on a separate piece of paper

attached to the data for paragraphs (b)

(1) through (9) of this section: For

competitive selections only, furnish the

names and addresses of all unsuccessful

offerors and a brief explanation of the

general basis for the selection, noting

that any detailed questions or requests

for more specific information should be

referred to the source selection official.

(c) Field installations are not to

proceed with any announcements until

Code HS has advised that the