Federal Acquisition Regulation; Socioeconomic Program Parity, 26220-26221 [2011-11117]
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Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Rules and Regulations
a later date establishing the effective
date.
77. It is further ordered that, pursuant
to Section 5(c) of the Communications
Act of 1934, as amended, 47 U.S.C.
155(c), the Enforcement Bureau and the
Wireless Telecommunications Bureau
are granted delegated authority to
resolve any disputes arising out of the
data roaming rule, as set forth in this
second report and order and the rules in
Appendix A.
78. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this second report and order, including
the Final Regulatory Flexibility
Analysis, to the Chief Counsel for
Advocacy of the Small Business
Administration.
79. It is further ordered that the
Commission shall send a copy of this
second report and order in a report to
be sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects
47 CFR Part 0
Organization and functions
(Government agencies).
Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 0 and
20 as follows:
PART 0—COMMISSION
ORGANIZATION
1. The authority citation for part 0
continues to read as follows:
■
Authority: Secs. 5, 48 Stat. 1068, as
amended; 47 U.S.C. 155.
2. Amend § 0.111 by revising
paragraph (a)(11) introductory text (note
remains unchanged) to read as follows:
■
jlentini on DSKJ8SOYB1PROD with RULES
Functions of Bureau.
(a) * * *
(11) Resolves other complaints against
Title III licensees and permittees,
including complaints under § 20.12(e) of
this chapter.
*
*
*
*
*
PART 20—COMMERCIAL MOBILE
SERVICES
3. The authority citation for part 20 is
revised to read as follows:
■
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16:12 May 05, 2011
Jkt 223001
4. Revise the heading to part 20 to
read as set forth above.
■ 5. Amend § 20.3 by adding the
definition ‘‘commercial mobile data
service’’ in alphabetical order to read as
follows:
■
§ 20.3
Definitions.
*
*
*
*
*
Commercial mobile data service. (1)
Any mobile data service that is not
interconnected with the public switched
network and is:
(i) Provided for profit; and
(ii) Available to the public or to such
classes of eligible users as to be
effectively available to the public.
(2) Commercial mobile data service
includes services provided by Mobile
Satellite Services and Ancillary
Terrestrial Component providers to the
extent the services provided meet this
definition.
*
*
*
*
*
■ 6. Amend § 20.12 by adding
paragraphs (a)(3) and (e) to read as
follows:
§ 20.12
47 CFR Part 20
Communications common carriers.
§ 0.111
Authority: 47 U.S.C. 154, 160, 201, 251–
254, 301, 303, 316, and 332 unless otherwise
noted. Section 20.12 is also issued under 47
U.S.C. 1302.
[FR Doc. 2011–10223 Filed 5–5–11; 8:45 am]
BILLING CODE 6712–01–P
Resale and roaming.
(a) * * *
(3) Scope of Offering Roaming
Arrangements for Commercial Mobile
Data Services. Paragraph (e) of this
section is applicable to all facilitiesbased providers of commercial mobile
data services.
*
*
*
*
*
(e) Offering Roaming Arrangements
for Commercial Mobile Data Services.
(1) A facilities-based provider of
commercial mobile data services is
required to offer roaming arrangements
to other such providers on commercially
reasonable terms and conditions, subject
to the following limitations:
(i) Providers may negotiate the terms
of their roaming arrangements on an
individualized basis;
(ii) It is reasonable for a provider not
to offer a data roaming arrangement to
a requesting provider that is not
technologically compatible;
(iii) It is reasonable for a provider not
to offer a data roaming arrangement
where it is not technically feasible to
provide roaming for the particular data
service for which roaming is requested
and any changes to the host provider’s
network necessary to accommodate
roaming for such data service are not
economically reasonable;
(iv) It is reasonable for a provider to
condition the effectiveness of a roaming
arrangement on the requesting
PO 00000
provider’s provision of mobile data
service to its own subscribers using a
generation of wireless technology
comparable to the technology on which
the requesting provider seeks to roam.
(2) A party alleging a violation of this
section may file a formal or informal
complaint pursuant to the procedures in
§§ 1.716 through 1.718, 1.720, 1.721,
and 1.723 through 1.735 of this chapter,
which sections are incorporated herein.
For purposes of § 20.12(e), references to
a ‘‘carrier’’ or ‘‘common carrier’’ in the
formal and informal complaint
procedures incorporated herein will
mean a provider of commercial mobile
data services. The Commission will
resolve such disputes on a case-by-case
basis, taking into consideration the
totality of the circumstances presented
in each case. The remedy of damages
shall not be available in connection
with any complaint alleging a violation
of this section. Whether the appropriate
procedural vehicle for a dispute is a
complaint under this paragraph or a
petition for declaratory ruling under
§ 1.2 of this chapter may vary depending
on the circumstances of each case.
Frm 00044
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 19
[FAC 2005–50; FAR Case 2011–004; Docket
2011–0004; Sequence 1]
RIN 9000–AL88
Federal Acquisition Regulation;
Socioeconomic Program Parity
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Correcting amendment.
AGENCY:
This document contains a
correction to the interim rule which
published in the Federal Register of
Wednesday, March 16, 2011 (76 FR
14568). The regulations implement
section 1347 of the ‘‘Small Business Jobs
Act of 2010.’’
DATES: Effective on May 6, 2011.
FOR FURTHER INFORMATION CONTACT: Mr.
Karlos Morgan, Procurement Analyst, at
(202) 501–2364. Please cite FAC 2005–
50; FAR Case 2011–004.
SUMMARY:
E:\FR\FM\06MYR1.SGM
06MYR1
Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Background
Section 1347 of the Small Business
Jobs Act of 2010, clarifies the
contracting officer’s ability to use
discretion when determining whether
an acquisition will be restricted to small
businesses participating in the 8(a),
HUBZone, or Service-disabled veteranowned (SDVOSB) programs. There is no
order of priority among small businesses
in the 8(a) Business Development
program, the HUBZone program, or the
SDVOSB program.
Need for Correction
As published, the regulations contain
a technical error in the promulgated
rule.
jlentini on DSKJ8SOYB1PROD with RULES
List of Subjects in 48 CFR Part 19
Government procurement.
Accordingly, 48 CFR part 19 is
corrected by making the following
correcting amendment:
VerDate Mar<15>2010
16:12 May 05, 2011
Jkt 223001
PART 19—SMALL BUSINESS
PROGRAMS
1. The authority citation for 48 CFR
part 19 continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
2. Amend section 19.502–2 by
revising paragraph (b) to read as follows:
■
19.502–2
Total small business set-asides.
*
*
*
*
*
(b) Before setting aside an acquisition
under this paragraph, refer to 19.203(c).
The contracting officer shall set aside
any acquisition over $150,000 for small
business participation when there is a
reasonable expectation that:
(1) Offers will be obtained from at
least two responsible small business
concerns offering the products of
different small business concerns (see
paragraph (c) of this section); and
(2) Award will be made at fair market
prices. Total small business set-asides
shall not be made unless such a
PO 00000
Frm 00045
Fmt 4700
Sfmt 9990
26221
reasonable expectation exists (see
19.502–3 as to partial set-asides).
Although past acquisition history of an
item or similar items is always
important, it is not the only factor to be
considered in determining whether a
reasonable expectation exists. In making
R&D small business set-asides, there
must also be a reasonable expectation of
obtaining from small businesses the best
scientific and technological sources
consistent with the demands of the
proposed acquisition for the best mix of
cost, performances, and schedules.
*
*
*
*
*
Dated: May 3, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide
Acquisition Policy.
[FR Doc. 2011–11117 Filed 5–5–11; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\06MYR1.SGM
06MYR1
]]>Agencies
[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Rules and Regulations]
[Pages 26220-26221]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11117]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 19
[FAC 2005-50; FAR Case 2011-004; Docket 2011-0004; Sequence 1]
RIN 9000-AL88
Federal Acquisition Regulation; Socioeconomic Program Parity
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document contains a correction to the interim rule which
published in the Federal Register of Wednesday, March 16, 2011 (76 FR
14568). The regulations implement section 1347 of the ``Small Business
Jobs Act of 2010.''
DATES: Effective on May 6, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Karlos Morgan, Procurement
Analyst, at (202) 501-2364. Please cite FAC 2005-50; FAR Case 2011-004.
[[Page 26221]]
SUPPLEMENTARY INFORMATION:
Background
Section 1347 of the Small Business Jobs Act of 2010, clarifies the
contracting officer's ability to use discretion when determining
whether an acquisition will be restricted to small businesses
participating in the 8(a), HUBZone, or Service-disabled veteran-owned
(SDVOSB) programs. There is no order of priority among small businesses
in the 8(a) Business Development program, the HUBZone program, or the
SDVOSB program.
Need for Correction
As published, the regulations contain a technical error in the
promulgated rule.
List of Subjects in 48 CFR Part 19
Government procurement.
Accordingly, 48 CFR part 19 is corrected by making the following
correcting amendment:
PART 19--SMALL BUSINESS PROGRAMS
0
1. The authority citation for 48 CFR part 19 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
0
2. Amend section 19.502-2 by revising paragraph (b) to read as follows:
19.502-2 Total small business set-asides.
* * * * *
(b) Before setting aside an acquisition under this paragraph, refer
to 19.203(c). The contracting officer shall set aside any acquisition
over $150,000 for small business participation when there is a
reasonable expectation that:
(1) Offers will be obtained from at least two responsible small
business concerns offering the products of different small business
concerns (see paragraph (c) of this section); and
(2) Award will be made at fair market prices. Total small business
set-asides shall not be made unless such a reasonable expectation
exists (see 19.502-3 as to partial set-asides). Although past
acquisition history of an item or similar items is always important, it
is not the only factor to be considered in determining whether a
reasonable expectation exists. In making R&D small business set-asides,
there must also be a reasonable expectation of obtaining from small
businesses the best scientific and technological sources consistent
with the demands of the proposed acquisition for the best mix of cost,
performances, and schedules.
* * * * *
Dated: May 3, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.
[FR Doc. 2011-11117 Filed 5-5-11; 8:45 am]
BILLING CODE 6820-EP-P
