Federal Acquisition Regulation; Publicizing Contract Actions; Contracting by Negotiation, 41331 [2013-16642]
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Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Rules and Regulations
entity. The letter must include the name
of the new, foreign-organized entity and
a certification by the licensee that the
entity complies with the 100 percent
common ownership and control
requirement in paragraph (d)(1) of this
section. The letter must also reference
the licensee’s foreign ownership
ruling(s) by IBFS File No. and FCC
Record citation, if available. This letter
notification need not be filed if the
ownership change is instead the subject
of a pro forma application or pro forma
notification already filed with the
Commission pursuant to the relevant
wireless radio service rules or satellite
radio service rules applicable to the
licensee.
(e) New petition for declaratory ruling
required. A licensee that has received a
foreign ownership ruling, including a
U.S.-organized successor-in-interest to
such licensee formed as part of a pro
forma reorganization, or any subsidiary
or affiliate relying on such licensee’s
ruling pursuant to paragraph (b) of this
section, shall file a new petition for
declaratory ruling under § 1.990 to
obtain Commission approval before its
foreign ownership exceeds the routine
terms and conditions of this section,
and/or any specific terms or conditions
of its ruling.
(f)(1) Continuing compliance. If at any
time the licensee, including any
successor-in-interest and any subsidiary
or affiliate as described in paragraph (b)
of this section, knows, or has reason to
know, that it is no longer in compliance
with its foreign ownership ruling or the
Commission’s rules relating to foreign
ownership, it shall file a statement with
the Commission explaining the
circumstances within 30 days of the
date it knew, or had reason to know,
that it was no longer in compliance
therewith. Subsequent actions taken by
or on behalf of the licensee to remedy
its non-compliance shall not relieve it of
the obligation to notify the Commission
of the circumstances (including
duration) of non-compliance. Such
licensee and any controlling companies,
whether U.S.- or foreign–organized,
shall be subject to enforcement action
by the Commission for such noncompliance, including an order
requiring divestiture of the investor’s
direct and/or indirect interests in such
entities.
(2) Any individual or entity that,
directly or indirectly, creates or uses a
trust, proxy, power of attorney, or any
other contract, arrangement, or device
with the purpose or effect of divesting
itself, or preventing the vesting, of an
equity interest or voting interest in the
licensee, or in a controlling U.S. parent
company, as part of a plan or scheme to
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evade the application of the
Commission’s rules or policies under
section 310(b) shall be subject to
enforcement action by the Commission,
including an order requiring divestiture
of the investor’s direct and/or indirect
interests in such entities.
41331
(vi) Analysis of the results of any
make-or-buy program reviews, in
evaluating subcontract costs (see
15.407–2).
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[FR Doc. 2013–16642 Filed 7–9–13; 8:45 am]
BILLING CODE 1505–01–D
PART 25—SATELLITE
COMMUNICATIONS
DEPARTMENT OF DEFENSE
4. The authority citation for part 25 is
revised to read as follows:
Defense Acquisition Regulations
System
■
Authority: 47 U.S.C. 701–744. Interprets
or applies Sections 4, 301, 302, 303, 307, 309,
310 and 332 of the Communications Act, as
amended, 47 U.S.C. Sections 154, 301, 302,
303, 307, 309, 310 and 332, unless otherwise
noted.
5. Section 25.105 is added to read as
follows:
■
§ 25.105
Citizenship.
The rules that establish the
requirements and conditions for
obtaining the Commission’s prior
approval of foreign ownership in
common carrier licensees that would
exceed the 20 percent limit in section
310(b)(3) of the Communications Act
(47 U.S.C. 310(b)(3)) and/or the 25
percent benchmark in section 310(b)(4)
of the Act (47 U.S.C. 310(b)(4)) are set
forth in §§ 1.990 through 1.994 of this
chapter.
[FR Doc. 2013–15314 Filed 7–9–2013; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
48 CFR Part 225
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
ACTION:
Final rule.
DoD is making technical
amendment to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to insert a hyperlink and direct
contracting officers to the DFARS
Procedures, Guidance, and Information.
SUMMARY:
Effective date: July 10, 2013.
FOR FURTHER INFORMATION CONTACT: Mr.
Manuel Quinones, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), Room
3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6088; facsimile
571–372–6094.
DATES:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
This final
rule amends the DFARS at 225.7703–3
to add a hyperlink and to direct
contracting officers to PGI 225.7703–3
for additional guidance on acquisitions
in support of USCENTCOM.
48 CFR Parts 5 and 15
List of Subjects in 48 CFR Part 225
SUPPLEMENTARY INFORMATION:
GENERAL SERVICES
ADMINISTRATION
Federal Acquisition Regulation;
Publicizing Contract Actions;
Contracting by Negotiation
CFR Correction
In Title 48 of the Code of Federal
Regulations, Chapter 1 (Parts 1 to 51),
revised as of October 1, 2012, on page
115, in section 5.601, in paragraph
(b)(2), reinstate the end of the paragraph
to read ‘‘that were awarded before July
24, 2003.’’; and on page 311, in section
15.404–1, reinstate paragraph (c)(2)(vi)
to read as follows:
15.404–1
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Proposal analysis techniques.
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(c) * * *
(2) * * *
Frm 00073
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Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 225 is
amended as follows:
1. The authority citation for 48 CFR
part 225 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 225—FOREIGN ACQUISITION
2. Amend section 225.7703–3 by
adding paragraph (c) to read as follows:
■
225.7703–3
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Evaluating offers.
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[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Rules and Regulations]
[Page 41331]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16642]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 5 and 15
Federal Acquisition Regulation; Publicizing Contract Actions;
Contracting by Negotiation
CFR Correction
In Title 48 of the Code of Federal Regulations, Chapter 1 (Parts 1
to 51), revised as of October 1, 2012, on page 115, in section 5.601,
in paragraph (b)(2), reinstate the end of the paragraph to read ``that
were awarded before July 24, 2003.''; and on page 311, in section
15.404-1, reinstate paragraph (c)(2)(vi) to read as follows:
15.404-1 Proposal analysis techniques.
* * * * *
(c) * * *
(2) * * *
(vi) Analysis of the results of any make-or-buy program reviews, in
evaluating subcontract costs (see 15.407-2).
* * * * *
[FR Doc. 2013-16642 Filed 7-9-13; 8:45 am]
BILLING CODE 1505-01-D
