15688 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations

Service systems, Land Mobile Services

systems, or any other service having a

primary allocation in or adjacent to the

band.

(3) No amateur station may transmit

in the 219–220 MHz segment unless the

licensee has given written notification

of the station’s specific geographic

location for such transmissions in order

to be incorporated into a data base that

has been made available to the public.

The notification must be given at least

30 days prior to making such

transmissions. The notification must be

given to: The American Radio Relay,

Inc., 225 Main Street, Newington, CT

06111–1494.

(4) No amateur station may transmit

in the 219–220 MHz segment from a

location that is within 640 km of an

AMTS Coast Station unless the amateur

station licensee has given written

notification of the station’s specific

geographic location for such

transmissions to the AMTS licensee.

The notification must be given at least

30 days prior to making such

transmissions. AMTS Coast Station

locations may be obtained either from:

The American Radio Relay, Inc., 225

Main Street, Newington, CT 06111–

1494

or

Interactive Systems, Inc., Suite 1103,

1601 North Kent Street, Arlington, VA

22209, Fax: (703) 812–8275, Phone

(703) 812–8270.

(5) No amateur station may transmit

in the 219–220 MHz segment from a

location that is within 80 km of an

AMTS Coast Station unless the amateur

station licensee holds written approval

from that AMTS licensee.

* * * * *

5. The table in Section 97.305(c) is

amended by revising the third entry in

the VHF wavelength band to read as

follows:

§ 97.305 Authorized emission types.

* * * * *

(c) * * *

Wavelength band Frequencies Emission types

authorized

Standards see § 97.307(f), paragraph

* * * * * * *

1.25 m ............................................ 219–220 MHz ............................... Data .............................................. (13).

Do ........................................... 222–225 MHz ............................... MCW, phone, image, RTTY, data,

test.

(2), (6), (8).

* * * * * * *

6. Section 97.307(f)(13) is added to

read as follows:

§ 97.307 Emission standards.

* * * * *

(f) * * *

(13) A data emission using an

unspecified digital code under the

limitations listed in § 97.309(b) also may

be transmitted. The authorized

bandwidth is 100 kHz.

7. Section 97.313(h) is added to read

as follows:

§ 97.313 Transmitter power standards.

* * * * *

(h) No station may transmit with a

transmitter power exceeding 50 W PEP

on the 219–220 MHz segment of the

1.25 m band.

[FR Doc. 95–7296 Filed 3–24–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 73

[MM Docket No. 91–221, FCC 95–97]

Broadcast Services; Television Station

Ownership

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission eliminates

two of its television network rules, the

‘‘network station ownership’’ rule, and

the ‘‘secondary affiliation’’ rule. This

action is taken because a review of the

record in this proceeding indicates that

changes in the television marketplace

have rendered these rules obsolete.

Thus, the action is taken to ensure that

the Commission’s rules are as current

and effective as possible.

EFFECTIVE DATE: April 26, 1995.

FOR FURTHER INFORMATION CONTACT:

Dan Bring, Mass Media Bureau, (202)

739–0770, or Roger Holberg, Mass

Media Bureau, (202) 776–1653.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Report and Order in MM

Docket No. 91–221, FCC 95–97, adopted

March 7, 1995, and released March 7,

1995. The complete text of this Report

and Order is available for inspection

and copying during normal business

hours in the FCC Reference Center

(Room 239), 1919 M Street, N.W.,

Washington, D.C., and also may be

purchased from the Commission’s copy

contractor, International Transcription

Service, at (202) 857–3800, 2100 M

Street, N.W., Suite 140, Washington,

D.C. 20037.

Synopsis of the Report and Order

1. The Commission eliminates two of

its network rules, 47 CFR § 73.658(f), the

‘‘network station ownership’’ rule, and

§ 73.658(1), the ‘‘secondary affiliation’’

rule. The network station ownership

rule prohibits network ownership of

television broadcast stations in markets

that have so few stations, or stations of

such unequal desirability that

‘‘competition would be substantially

restrained’’ by permitting network

ownership. The secondary affiliation

rule limits secondary network

affiliations in markets where two

stations have affiliated with two of the

three ‘‘traditional’’ networks, and there

is at least one independent station with

comparable facilities. In these

circumstances, § 73.658(1) requires a

third network seeking an affiliate in the

market to offer its programming first to

the independent station.

2. The Notice of Inquiry in this

proceeding (56 FR 40847, August 16,

1991) sought comment on the

implications of the growth of

competition in the video marketplace

for the Commission’s regulatory

policies. The Notice of Proposed Rule

Making in this proceeding (57 FR 28163,

June 24, 1992) sought comments on

several long-standing structural rules

that have governed the television

industry, proposed alternative means of

lessening the regulatory burden on the

television broadcasting industry, and

proposed repeal of the dual network

rule 47 CFR 73.658(g), the network

station ownership rule, and the

secondary affiliation rule. Based on the

record in this proceeding, this Report

and Order eliminated the network

station ownership rule and the

secondary affiliation rule.

3. The network station ownership rule

was intended to increase the availability

of programming to viewers, prevent

domination of smaller markets by

networks, and encourage the creation

and growth of new networks by

preventing existing networks from
Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations 15689

‘‘bottling up’’ the best facilities. The rule

was first applied to television in 1946

when there were only six television

stations in the United States. The

Commission finds that because of the

growth in the number of television

stations and in network programming

made available by cable and satellite

home dishes, the network station

ownership rule is no longer necessary to

increase the availability of video

programming to viewers or further the

creation of new networks. Therefore, the

Commission eliminates § 73.658(f) of its

rules.

4. The secondary affiliation rule was

adopted by the Commission in 1971 (36

FR 6507, April 16, 1971) in order to

promote development of UHF television

stations. While commenters were

divided as to the continued need for the

secondary affiliation rule, the

Commission is persuaded that, due to

improvements to UHF reception and the

increased availability of programming,

this rule is no longer needed to ensure

the availability of competitive

programming to unaffiliated stations.

The Commission thus eliminates

§ 73.658(1) of its rules.

Administrative Matters

Final Regulatory Flexibility Analysis

5. Pursuant to the Regulatory

Flexibility Act of 1980, 5 U.S.C. 605, the

Commission believes that this action

will eliminate rules no longer required

by the public interest in view of changes

in the video marketplace since their

adoption. Additionally, their

elimination will make over-the-air

television better able to compete in the

current, and future, video environment.

The complete Final Regulatory

Flexibility Act Statement may be found

following paragraph 26 of the full text

of this Report and Order.

Ordering Clauses

6. It Is Therefore Ordered that,

pursuant to the authority contained in

Sections 4(i) and 303(r) of the

Communications Act of 1934, as

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

303(r), Part 73 of the Commission’s

Rules, 47 CFR part 73, is amended as set

forth below.

List of Subjects in 47 CFR Part 73

Television broadcasting.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Amendatory Revisions

Part 73 of Title 47 of the U.S. Code of

Federal Regulations is amended as

follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334.

§ 73.658 [Amended]

2. Section 73.658 is amended by

removing and reserving paragraphs (f)

and (l).

[FR Doc. 95–7441 Filed 3–24–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF DEFENSE

48 CFR Part 235

Defense Federal Acquisition

Regulation Supplement; Research and

Development Streamlined Contracting

Procedures—Test

AGENCIES: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Department of Defense is

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to revise its streamlined

research and development contracting

procedures test.

EFFECTIVE DATE: March 21, 1995.

FOR FURTHER INFORMATION CONTACT: Mr.

R.G. Layser, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

The streamlined research and

development contracting procedures

test is the result of a 1987 Defense

Science Board summer group

recommendation. The Lab Demo

Contracting Subgroup of the Lab Demo

project proposed a streamlined

procedure for solicitation and a

standard format for award of R&D

contracts in support of military

department laboratories.

The streamlined contracting

procedures consist of a solicitation

published in the Commerce Business

Daily (CBD); terms and conditions

incorporated by reference; a

supplemental package, if necessary,

which is mailed to all interested parties

who provide address information. The

statement of work may be published in

the CBD with the solicitation summary

or may be included in a supplemental

package. The use of a standard contract

is intended to make the contracting

process easier on industry, because

offerors can expect all DoD laboratories

to use the same contract format.

The Department of Defense published

a final rule on October 18, 1994 (59 FR

52442) after receiving public comments

on the proposed rule. This final rule

revises the previous final rule as a result

of changes found necessary during

initial implementation of the Test.

This final rule revises the list of

contracting offices approved to

participate in the test of 235.7002(a)(2);

the data collection requirements

235.7003(d)(9); and the clauses and

provisions included in the exhibit at

235.7006(d). The rule adds the clauses

at *(I.168)252.223–7006, Prohibition on

Disposal of Toxic and Hazardous

Materials, and *(I.169)252.249.7002,

Notification of Program Termination or

Reduction; deletes *(K.24)252.226–

7000, Notice of Historically Black

College or University and Minority

Institution Set Aside, to correct a

duplication; and adds an asterisk (*) to

(L.19)52.237–1, Site Visit, to designate

that this provision is for use as

prescribed in the FAR.

In addition, Test Oversight Committee

members may now authorize, for their

respective agencies, on a one time only

basis, the use of FAR and DFARS

provisions and clauses or approved

nonstandard provisions and clauses that

are not in the research and development

streamlined contracting format at

235.7006(d).

A. Regulatory Flexibility Act

The rule does not constitute a

significant DFARS revision within the

meaning of FAR 1.501 and Public Law

98–577 and publication for comment is

not required.

B. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this final rule does

not impose any new recordkeeping,

information collection requirements, or

collection of information from offerors,

contractors, or members of the public

which require the approval of OMB

under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 235

Government procurement.

Claudia L. Naugle,

Deputy Director, Defense Acquisition

Regulations Council.

Therefore, 48 CFR part 235 is

amended as follows:

1. The authority citation for part 235

continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.