(iv) The Commission will consult with the EEOC on all matters relating to the evaluation and determination of compliance by the common carrier licensees or permittees with the principles of equal employment as set forth herein.

(2) Complaints indicating a general pattern of disregard of equal employment practices which are received against a licensee or permittee who is required to file an employment report to the Commission under § 1.815(a) of this chapter will be investigated by the Commission.

(f) Records available to public-(1) Commission records. A copy of every annual employment report, equal employment opportunity program, and reports on complaints regarding violation of equal employment provisions of Federal, State, Territorial, or local law, and copies of all exhibits, letters, and other documents filed as part thereof, all amendments thereto, all correspondence between the permittee or licensee and the Commission pertaining to the reports after they have been filed and all documents incorporated therein by reference, are open for public inspection at the offices of the Commission.

(2) Records to be maintained locally for public inspection by licensees or permittees (i) Records to be maintained. Each licensee or permittee required to file annual employment reports, equal employment opportunity programs, and annual reports on complaints regarding violations of equal employment provisions of Federal, State, Territorial, or local law shall maintain for public inspection, in the same manner and in the same locations as required for the keeping and posting of tariffs as set forth in § 61.72 of this chapter, a file containing a copy of each such report and copies of all exhibits, letters, and other documents filed as part thereto, all correspondence between the permittee or licensee and the Commission pertaining to the reports after they have been filed and all documents incorporated therein by reference.

(ii) Period of retention. The documents specified in paragraph (f)(2)(i) of this section shall be maintained for a period of 2 years.

and which are applicable to matters relating to communications by satellites.

[28 FR 13037, Dec. 5, 1963]

§ 25.102 [Reserved]

§ 25.103 Definitions.

(a) Communications common carrier. The term "communications common carrier" as used in this part means any person (individual, partnership, association, joint-stock company, trust, corporation, or other entity) engaged as a common carrier for hire, in interstate or foreign communication by wire or radio cr in interstate or foreign radio transmission of energy, including such carriers as are described in subsection 2(b) (2) and (3) of the Communications Act of 1934, as amended, and, in addition, for purposes of Subpart H of this part, includes any individual, partnership, association, joint-stock company, trust, corporation, or other entity which owns or controls, directly or indirectly, or is under direct or indirect common control with, any such carrier.

(b) Authorized carrier. (1) Except as provided in paragraph (b)(2) of this section, the term "authorized carrier" means a communications common carrier which is authorized by the Federal Communications Commission under the Communications Act of 1934, as amended, to provide services by means of communications satellites.

(2) For the purposes of Subpart H of this part, the term "authorized carrier" means a communications common carrier which is specifically authorized or which is a member of a class of carriers authorized by the Commission to own shares of stock in the corporation.

(c) Communications satellite corporation. (1) The terms "communications satellite corporation" or "corporation" as used in this part mean the corporation created pursuant to the provisions of Title III of the Communications Satellite Act of 1962.

(2) The corporation shall be deemed to be a common carrier within the meaning of section 3(h) of the Communications Satellite Act of 1962.

(d) Communication-satellite earth station complex. The term communication-satellite earth station complex

includes transmitters, receivers, and communications antennas at the earth station site together with the interconnecting terrestrial facilities (cables, lines, or microwave facilities) and modulating and demodulating equipment necessary for processing of traffic received from the terrestrial distribution system(s) prior to transmission via satellite and of traffic received from the satellite prior to transfer of channels of communication to terrestrial distribution system(s).

(e) Communication-satellite earth station complex functions. The communication-satellite earth station complex interconnects with terminal equipment of common carriers or authorized entities at the interface; accepts traffic from such entities at the interface, processes for transmission via satellite and performs the transmission function; receives traffic from a satellite or satellites, processes it in a form necessary to deliver channels of communication to terrestrial common carriers or such other authorized entities and delivers the processed traffic to such entities at the interface.

(f) Interface. The point of interconnection between two distinct but adjacent communications systems having different functions. The interface in the communication-satellite service is that point where communications terminal equipment of the terrestrial common carriers or other authorized entities interconnects with the terminal equipment of the communicationsatellite earth station complex. The interface in the communication-satellite service shall be located at the earth station site, or if this is impracticable, as close thereto as possible.

(Secs. 4, 201, 303, 48 Stat. 1066, as amended, 76 Stat. 419, 48 Stat. 1082, as amended; 47 U.S.C. 154, 721, 303)

(28 FR 13037, Dec. 5, 1963, as amended at 31 FR 3289, Mar. 2, 1966]

Subpart B-Communications Satellite

Procurement Regulations

AUTHORITY: Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154. Interpret or apply secs. 201, 76 Stat. 42, 47 U.S.C. 721.

SOURCE: 29 FR 348, Jan. 15, 1964, unless otherwise noted.

§ 25.151 Scope, purpose and application of this subpart.

The provisions of this subpart govern the administration of section 201(c)(1) of the Communications Satellite Act of 1962, and are designed to insure effective competition in the procurement by the corporation and communications common carriers of apparatus, equipment, and services required for the establishment and operation of the communications satellite system and satellite terminal stations, and to insure that small business concerns are given an equitable opportunity to share in such procurements. This subpart establishes uniform policies and procedures applicable to all procurements except where:

(a) The value of the procurement is less than $25,000, except as provided in § 25.176(c).

(b) The procurement is for electric power or energy, gas, water, or other utility service.

(c) The procurement is from or through a government instrumentality (d) The procurement is for personal services.

The provisions with respect to notification (§§ 25.162-25.167) shall apply only to the Corporation, other communications common carriers, and their respective prime contractors.

(e) The procurement is made by or on behalf of the International Telecommunications Satellite Organization (INTELSAT) established pursuant to Definitive Arrangements (TIAS 7532) which went into effect on February 12, 1973, at Washington and the Special Agreement signed pursuant to Article II of the Interim Arrangements. Such procurements are governed by the INTELSAT Procurement Regulations, copies of which may be obtained from the Communications Satellite Corporation, Washington, D.C. 20024.

[29 FR 348, Jan. 15, 1964, as amended at 33 FR 3638, Mar. 1, 1968; 39 FR 33527, Sept. 18, 1974)

§§ 25.152-25.155 [Reserved]

§ 25.156 Definitions.

Except as otherwise provided, the following terms shall have the follow

ing meanings when used in this subpart. (See also § 25.103.)

(a) Bidders' mailing list. The term "bidders' mailing list" means one of a number of lists classified by types of property or services containing the names of those suppliers, including small business concerns, who have made request for inclusion and who appear to be qualified for inclusion therein, or who may appear from other information to be qualified.

(b) Carrier. The term "carrier" has the same meaning as that of communications common carrier. (See § 25.103(a).)

(c) Contracts. The term "contracts" means all types of agreements and purchase orders for procurement by a party making procurement.

(d) Government instrumentality. The term "government instrumentality" means any of the following:

(1) An agency or instrumentality of the Federal Government; a possession of the United States; or the Commonwealth of Puerto Rico;

(2) A State or local government or an agency or instrumentality thereof.

(e) Party making procurement. The term "party making procurement" means any person or firm engaged in the procurement of property or services required primarily for the establishment and operation of a communications satellite system or a satellite terminal station including the corporation, carriers, prime contractors, and subcontractors: Provided, however, For the purposes of §§ 25.162-25.167, inclusive, the term "party making procurement" means the corporation, carriers, and prime contractors.

(f) Procurement. The term "procurement" means all procedures for the purchasing, renting, leasing, or the obtaining by any other means of all properties or services required primarily for the establishment and operation of a communications satellite system or a satellite terminal station.

(g) Property. The term "property" means all tangible property, including apparatus, equipment, and supplies.

(h) Prime contractor. The term "prime contractor" means any person or firm to whom any contract is awarded directly by the corporation or a carrier.

(i) Services. The term "services" shall include but is not limited to research, development, construction, maintenance, and repair activities.

(j) Small business concern. The term "small business concern" shall have the same definition as promulgated by the Small Business Administration for procurement purposes as set forth in 13 CFR Part 121. If the size status of any small business concern is questioned, the matter shall be referred to the Small Business Administration for a determination.

(k) Subcontract. The term "subcontract" means any contract to perform any work or to make or furnish any property or service required for the performance under any one or more prime contracts or subcontracts.

(1) Subcontractor. The term "subcontractor" means any person or firm to whom any contract is awarded by a prime contractor or subcontractor under a prime contract.

[29 FR 348, Jan. 15, 1964, as amended at 33 FR 3638, Mar. 1, 1968]

88 25.157-25.159 [Reserved]

§ 25.160 Emergencies.

(a) Any party making procurement confronted by a serious emergency occasioned by conditions unforseen by him, and beyond his control, which prevents his compliance with this subpart, may make such procurements as may be required by the circumstances without regard to the other requirements of this subpart, provided he immediately informs the Commission of the nature of the emergency and of the action he has taken or proposes to take.

(b) In addition to notifying the Commission immediately, any party making procurement under paragraph (a) of this section shall file with the Commission within 10 days following such procurement a statement in writing setting forth in detail all the terms and conditions of the transaction(s).

§ 25.161 Contract requirements.

Every contract or subcontract shall contain a provision that each party making procurement shall comply with the provisions of this subpart.

! § 25.162 Persons required to give prior notification.

No party making procurement as defined in § 25.156(e) shall award a contract or subcontract for property or services unless notification shall have been given to the Commission in accordance with §§ 25.163-25.167; however, the Commission may waive or modify the foregoing requirements or any other provisions of this subpart in accordance with § 1.3 of this chapter.

§ 25.163 Contents of notification.

Each notification submitted under this subpart shall contain or incorporate the following information:

(a) Name and address of the party making procurement.

(b) Names and addresses of all companies who have responded to the invitation for bids or request for proposals of the party making procurement.

(c) The method of procurement used and a statement that such method has been carried out in compliance with the provisions of this subpart applicable thereto.

(d) Copy of the contract or subcontract to be awarded or a description of its material provisions.

(e) The name of the person or firm to whom the contract or subcontract will be awarded. In the event the award is not to be made to the lowest bidder, under formal advertising or two-step procurement, a statement of the reasons therefor.

(f) If the party making procurement has a financial interest in the person or firm to whom the award will be made, the nature and extent of such interest.

(g) A statement containing a full and complete disclosure of the real party or parties in interest, if other than the parties named in the contract or subcontract.

§ 25.164 Who may sign the notification.

(a) Each notification or amendment thereto shall be personally signed by the party making procurement, if said party is an individual; by one of the general partners, if said party is a partnership; by an officer or duly authorized employee, if said party is a corporation; or by a member who is an

officer, if said party is an unincorporated association.

(b) Only the original of any notification and any amendment thereto need be signed; copies may be conformed.

(c) Notification and amendments thereto need not be signed under oath; however, wilful false statements made therein are punishable by fine and imprisonment (18 U.S.C. 1001), and by other appropriate administrative sanctions.

§ 25.165 Form of notification, number of copies, etc.

(a) The original notification and five copies thereof shall be filed with the Commission. Each copy shall bear the dates and signatures that appear on the original and shall be complete in itself.

(b) All notifications shall be on paper approximately 8 by 101⁄2 inches with left hand margin not less than 11⁄2 inches wide. The impression shall be on one side of the paper only and shall be double spaced. Notifications and accompanying papers, except charts, shall be typewritten or prepared by mechanical processing methods. All copies must be clearly legible.

§ 25.166 Action upon notification.

The party making procurement may award the proposed contract or subcontract at any time subsequent to 10 days after the date of filing with the Commission at its office in Washington, D.C., or 13 days after deposit in the mail, of such notification or last amendment thereto, unless within such period either the party making procurement, by written or telegraphic notice to the Commission, extends such period, or the Commission notifies such party during such 10-day period or any extension thereof that his notification statement is defective or that the Commission cannot, without further investigation, determine whether its rules and regulations have been complied with. In the latter event, the Commission shall issue a public notice and proceed in accordance with paragraphs (a) and (b) of this section:

(a) Within 10 days following issuance of such notice by the Commission, any interested person may file