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.
13074 Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations

B. Regulatory Flexibility Act

The interim rule may have a

significant economic impact on a

substantial number of small entities

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq.,

because the rule restricts agencies from

soliciting offers from, awarding

contracts to, or consenting to

subcontracts with institutions of higher

education which are 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 campuses, or access to

directory information pertaining to

students. In addition, the interim rule

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. A

copy of the Initial Regulatory Flexibility

Analysis has been submitted to the

Chief Counsel for Advocacy of the Small

Business Administration. A copy of the

Initial Regulatory Flexibility Analysis

may be obtained from Ms. Linda

Holcombe, Defense Acquisition

Regulations Council, 3062 Defense

Pentagon, Washington, D.C. Comments

are invited. Comments from small

entities concerning the affected DFARS

subparts will be considered in

accordance with Section 610 of the Act.

Such comments must be submitted

separately and cite DFARS Case 94–

D310 in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the interim rule does

not impose reporting or recordkeeping

requirements which require the

approval of OMB under 44 U.S.C. 3501,

et seq.

List of Subjects in 48 CFR Parts 209 and

252

Government procurement.

Claudia L. Naugle,

Deputy Director, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 209 and 252

are amended as follows:

1. The authority citation for 48 CFR

parts 209 and 252 continues to read as

follows:

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

Chapter 1.

PART 209—CONTRACTOR

QUALIFICATIONS

2. Subpart 209.4 is amended to add

Sections 209.470, 209.470–1, 209.470–2,

and 209.470–3 as follows:

Subpart 209.4—Debarment,

Suspension, and Ineligibility

* * * * *

209.470 Military recruiting on campus.

209.470–1 Policy.

(a) 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—

(i) Entry to campuses or access to

students on campus; or

(ii) Access to directory information

pertaining to students; or

(2) Effectively prevents the Secretary

of Defense from obtaining for military

recruiting purposes—

(i) Entry to campuses or access to

students on campus; or

(ii) Access to directory information

pertaining to students.

(b) Institutions of higher education

that are determined under the

procedures prescribed by the Secretary

of Defense to have the policy or practice

in paragraph (a) of this subsection shall

be listed as ineligible on the list of

Parties Excluded From Federal

Procurement Programs published by the

General Services Administration (GSA).

(See FAR 9.404).

209.470–2 Procedures.

(a) Agencies shall not solicit offers

from, award contracts to, or consent to

subcontracts with ineligible contractors.

(b) After a determination of

ineligibility, departments and agencies

shall make no further payments under

existing contracts with the institutions,

and shall initiate termination action.

209.470–3 Contract clause.

Use the clause at 252.209–7007,

Military Recruiting on Campus, in all

solicitations and contracts with

institutions of higher education.

PART 252—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

3. Section 252.209–7007 is added to

read as follows:

252.209–7007 Military Recruiting on

Campus

As prescribed in 209.470–3, use the

following clause:

Military Recruiting on Campus (Mar 1995)

(a) Definitions. ‘‘Directory information,’’ as

used in this clause, means, with respect to a

student, the student’s name, address,

telephone listing, date and place of birth,

level of education, degrees received, and the

most recent previous educational institution

enrolled in by the student. Students are

individuals who are 17 years of age or older.

(b) General. An institution of higher

education that has been determined, using

procedures established by the Secretary of

Defense to implement section 558 of Pub. L.

103–337 (1994): (1) To have a policy of

denying, or (2) to prevent effectively 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

students, access to students on campuses, is

ineligible for contract award and payments

under existing contracts. In addition, the

Government shall terminate this contract for

the contractor’s material failure to comply

with the terms and conditions of award.

(c) Agreement. The contractor represents

that it does not now have and agrees that

during performance of this contract it will

not adopt a policy of denying, and that it

does not, is not, and will not during

performance of the contract, effectively

prevent 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.

(End of clause)

[FR Doc. 95–5958 Filed 3–9–95; 8:45 am]

BILLING CODE 5000–04–M

48 CFR Part 219

Defense Federal Acquisition

Regulation Supplement;

Subcontracting Plans

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

comment.

SUMMARY: The Director of Defense

Procurement has issued an interim rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to extend the authority

through September 30, 1997, for

contractors to claim credit towards their

small business subcontracting goals for

subcontracts with qualified nonprofit

agencies for the blind and severely

disabled.

DATES: Effective date: February 27, 1995.

Comment date: Comments on the

interim rule should be submitted in

writing to the address shown below on

or before May 9, 1995, to be considered

in the formulation of the final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

LTC Edward C. King Jr,

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

3062 Defense Pentagon, Washington, DC

20301–3062. Telefax number (703) 602–

0350. Please cite DFARS Case 94–D312

in all correspondence related to this

issue.