to experience the effects of re-radiation from the station's own tower(s).

(2) Applicants who experience nighttime interference by Cuban skywave signals to their Class I stations shall take measurements as prescribed in the first sentence of paragraph (e)(1) of this section, at locations within the affected portion of their primary service areas, unless only their secondary service is affected. In the latter case, the measurements shall be taken within the affected portion of their secondary service area.

(f) The monitoring of Cuban signals prescribed in this section is designed to provide evidence of the duration or incidence of interfering Cuban signals for the purposes of determining compliance with the 50% requirement in §1.1704(b). Although the procedures under this section call for the measuring and recording the field strengths of Cuban signals within the affected station's service area, the Commission, when determining whether the minimum level of interference prescribed in §1.1704(a) exists, will ordinarily base its findings solely on calculations performed in conformity with §1.1703, without taking into account the field strengths recorded by station licensees under this section. However, in cases where the data obtained by monitoring performed by the licensee under this §1.1705 reflect a consistently large, unexplained disparity from the level of interference calculated under §1.1703, the Commission may either request the applicant to take further measurements or defer reaching a finding on the application until it reviews and reconsiders the data previously assembled and the calculations previously made under §1.1703. The Commission will take such further action in each such case as it may find appropriate in the circumstances of the case.

§ 1.1706 Waivers and exceptions.

(a) The Commission recognizes that compliance with some of the requirements for compensation may be needlessly burdensome for licensees whose facilities were modified, for the purpose of mitigating the effects of Cuban interference, under Commission authorization issued before the regulations in this Subpart L were adopted.

will,

Accordingly, the Commission upon the request of applicants in such cases, consider waiving or adjusting the showings generally required to be made by applicants.

(b) Licensees who were authorized before April, 1984 to modify their station facilities for the explicit purpose of mitigating the effects of interference from Cuba are generally excepted from the requirements of §§ 1.1703, 1.1704, and 1.1705 relating to showings of minimum levels and duration of Cuba interference; provided that, such licensees shall submit such information relating to interference received by them as the Commission may find it appropriate to request in individual cases.

§1.1707 Required FCC authorization for modification of station facilities. (a) Section 7(b) of the Radio Broadcasting to Cuba Act provides for compensation for expenses incurred "pursuant to special temporary authority from the Federal Communications Commission" in mitigating the effects of Cuban interference. This requirement will ordinarily be satisfied by the issuance by the Commission of an "STA" (special temporary authorization) for the purposes of enabling the station to restore service to areas prevented by Cuban interference from receiving interference-free primary or secondary service that the station could otherwise provide.

(b) As Congress was aware, most of the authorizations issued before the enactment of the Radio Broadcasting to Cuba Act, for the purpose of mitigating the effects of Cuban interference, were in the form of STAS. Other forms of licensing have been used in a few cases for the same explicit purpose. The substance of the statutory prerequisite to compensation referred to in paragraph (a) of this section is understood to be that the licensee have been authorized by the Federal Communications Commission to make the facilities changes in question for the purpose of mitigating the effects of Cuban interference, but not that such authorization necessarily have been issued in the explicit form of an STA. The Commission will act accordingly in determining whether applicants meet the requirements of section 7(b) of the Act.

§1.1708 Compensable costs.

(a) The following costs are compensable under section 7 of the Radio Broadcasting to Cuba Act:

(1) The prudently incurred cost of acquiring, installing, or constructing facilities specially authorized by the Federal Communications Commission for the purpose of mitigating the effects of interference from Cuba, less the amount of depreciation on equipment replaced by such specially authorized facilities that was reported in previously filed Federal income tax returns.

(2) Technical and engineering cost associated with the facilities changes so authorized. The costs allowable under this paragraph (a)(2) shall include costs prudently incurred in planning, designing, engineering and testing such new facilities, and in performing monitoring required by §1.1704(b), or monitoring performed by licensees who submitted the results to the Commission in support of their applications for authorizations to change facilities to mitigate Cuban interference that were granted before March 15, 1984.

(b) The following costs are not compensable:

(1) Remuneration or expenses paid to persons, such as the station engineer, who are in the regular employ of the applicant; provided that this shall not bar compensation for out-of-pocket outlays for payments to such employees for overtime work on the tasks listed in §1.1708(a)(2);

(2) Attorney's fees;

(3) The costs of acquiring title or leasehold interests in land; and

(4) Any part of costs incurred for the purpose of extending the interferencefree service of stations beyond the area to which the existing affected station would provide interference-free service if the Cuban interference were not present.

[49 FR 12271, Mar. 29, 1984, as amended at 49 FR 34007, Aug. 28, 1984]

$1.1709 Requirements for filing applications for compensation.

(a) This section states the requirements for filing applications for compensation for expenses incurred in mitigating the effects of Cuban inter

ference that are filed pursuant to this subpart M. Applications for authorization by the Federal Communications Commission to make changes in authorized station facilities are governed by other applicable provisions of the FCC rules.

(b) Applications for compensation may be filed on or after the entry into effect of this Subpart M, by the licensees of AM broadcast stations in the United States who simultaneously file or had previously filed applications for authorization to change licensed station facilities in order to mitigate the effects of interference received from stations in Cuba. Applications shall be file with the Secretary to the Federal Communications Commission, Washington, DC 20554.

(c) Applications for compensation need not use any particular form, but shall contain all the information required under this Subpart M, and any supplemental information the Commission may request the applicant to file. When initially submitted, the applications need not be accompanied by the evidence of duration of interference required by §§1.1704(b) and 1.1705, or the proof of costs required by §1.1709(f) that applicants file after the facilities changes have been completed.

(d) Applications for compensation, when initially filed, shall be accompanied by a statement, with supporting breakdown, of:

(1) The costs incurred, or the estimated costs expected to be incurred, for equipment and services that are compensable under §1.1708(a); and

(2) The amount of depreciation on replaced equipment that is deductible from compensation under § 1.1708(a).

(e) The data concerning duration of interference required by §§ 1.1704(b) and 1.1705 may be submitted in a supplemental filing for association with a previously filed application for compensation when the applicant completes the prescribed monitoring. However, if the applicant does not file such data within 120 days from the date of the filing of the application for compensation, or within such extended period as the Commission may for good cause permit, the application will be returned. In such case, any priority accrued under §1.1710 will lapse; and if

the application is subsequently refiled, it will be treated as a new application under §1.1710(c).

(f) Upon the completion of facilities changes authorized to mitigate the effects of Cuban interference, applicants for compensation shall submit to the Federal Communications Commission a detailed financial statement of the out-of-pocket expenditures made for the equipment and services whose costs are compensable under $1.1708. The statement shall be supported by accompanying receipted bills, cancelled checks, and such additional evidence of actual and prudent outlays for such compensable kinds of services and equipment as the Commission may request in individual cases.

[49 FR 12271, Mar. 29, 1984, as amended at 49 FR 34007, Aug. 28, 1984]

§1.1710 Priorities.

Because it is not possible to foresee the extent to which interference by Cuban stations may be experienced, and because it is therefore uncertain whether the available funds will be sufficient to cover all the allowable compensation payments to all qualifying applicants, the following priorities are established for eligibility for compensation payments, in order to provide an equitable basis for the distribution of available funds:

(a) First Priority. Applicants whose authorizations of facilities changes to mitigate Cuban interference were issued by the Federal Communications Commission prior to October 4, 1983 (the date of the enactment of the Radio Broadcasting to Cuba Act) and whose applications for compensation are filed before October 1, 1984 (the date Section 7 of that Act enters into effect). Within this first priority group, priority will be accorded in the order in which such authorizations were granted.

(b) Second Priority. Applicants whose authorizations of facilities changes to mitigate Cuban interference were issued on or after October 4, 1983 and before the effective date of the regulations adopted in this Subpart M, and whose applications for compensation are filed no later than October 1, 1984. Within this second priority group, priority will be accorded in the order in which the applications for authoriza

tion to make such facilities changes are filed with the Federal Communications Commission.

(c) Third Priority. Applicants who do not come within the first or second priority groups, and applicants whose priorities as a member of the second group have lapsed under §1.1709(e). Within this third priority group, priority will be accorded in the order of the filing or refiling of applications for compensation that contain substantially all the information.

(d) The effect of the priority sequencing of applicants established under paragraphs (a) through (c), of this section, is governed by the fact that the responsibilities for processing and evaluating applications, and for making the compensation payments, have, by statute, been divided between the FCC and the USIA. While the FCC will initially receive, process and evaluate applications for compensation, the USIA has been designated by the Act as the agency that will make the payments, and to whom appropriations for this purpose will be made. In these circumstances, the matter of priority standing of applicants for compensation will be dealt with as provided in paragraph (e) of this section.

(e) The FCC will determine the priority group in which each applicant for compensation falls and the applicant's priority within that group, and will inform USIA and the applicant of that determination. However, the FCC does not administer the compensation payments or control the funds appropriated for those payments. The authority to perform those functions having been conferred by statute upon the USIA, it is for USIA to determine the manner in which the priorities established by the FCC are applied in practice in the administration of the compensation funds entrusted to the USIA. Accordingly, such questions as whether all applicants within a particular priority group who are found by the FCC to qualify for compensation will receive such compensation fully before any applicants in a lower priority group, or whether available funds (if inadequate to cover all qualifying applicants) will be pro-rated in some fashion among members of the same priority group, or otherwise, will be for the USIA to de

findings of eligibility.

(a) As soon as practicable after the filing of applications containing all the information required under §1.1709 (c), (d) and (e), the Commission will make a provisional findings as to whether the applicant meets the requirements of this Subpart M for compensation, and if so, in what estimated amount.

(b) When the facilities changes are completed and the documentation required by §1.1709(f) is filed, the Commission will make a definitive finding as to the amount of compensation for which applicant meets the requirements of this Subpart M. Such amount shall not exceed the amount of compensation determined in the provisional finding adopted under paragraph (a) of this section.

(c) The findings reached under paragraphs (a) and (b) of this section will be adopted by order, which will be published and transmitted to the USIA and the applicant. Such findings do not constitute entitlement to compensation, which will depend upon the availability of appropriated funds and the satisfaction of such requirements as may be established by the United States Information Agency which, under the Act, is responsible for making the compensation payments.

§1.1712 Review of findings.

(a) Sections 0.61 and 0.283 of this chapter delegate to the Chief, Mass Media Bureau, the processing of applications for compensation under this Subpart M, and the adoption of orders containing provisional and definitive findings as to the amount of compensation for which applicants qualify under the Radio Broadcasting to Cuba Act and the regulations in this subpart.

(b) Sections 1.101, 1.102(b), 1.103, 1.104, 1.106, 1.108, 1.110 (except the last sentence thereof), 1.113, 1.115, and 1.117 of this chapter, which relate to reconsideration and review of actions taken by the Commission and pursuant to delegated authority, and to effective dates and finality of actions, shall apply to

orders making provisional or definitive findings under § 1.1711.

(c) The Commission considers that orders adopted under §1.1711 (a) or (b) by the Commission en banc, but not those adopted under delegated authority by the Chief, Mass Media Bureau, are final orders subject to judicial review under section 402(a) of the Communications Act of 1934, as amended, 47 U.S.C. 402(a).

Subpart N-Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Federal Communications Commission

AUTHORITY: 29 U.S.C. 794.

SOURCE: 52 FR 16258, May 4, 1987, unless otherwise noted.

§1.1801 Purpose.

The purpose of this part is to effectuate section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by Executive agencies or the United States Postal Service.

$1.1802 Applications.

This part applies to all programs or activities conducted by the Federal Communications Commission. The programs or activities of entities that are licensed or certified by the Federal Communications Commission are not covered by these regulations.

§1.1803 Definitions.

For purposes of this part, the

term

Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Department of Justice.

Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the Commission. For example, auxil

iary aids useful for persons with impaired vision include readers, Brailled materials, audio recordings, and other similar services and devices. Auxiliary aids useful for persons with impaired hearing include telephone handset amplifiers, telephones compatible with hearing aids, telecommunication devices for deaf persons (TDD's), interpreters, notetakers, written materials, and other similar services and devices. Commission means Federal Communications Commission.

Complete complaint means a written statement that contains the complainant's name and address and describes the Commission's alleged discriminatory action in sufficient detail to inform the Commission of the nature and date of the alleged violation of section 504. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination.

Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property.

Individual with handicaps means any individual who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. As used in this definition, the phrase:

(1) Physical ΟΥ mental impairment includes

(i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or

(ii) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and

hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, and drug addiction and alcoholism.

(2) Major life activities includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

(3) Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

(4) Is regarded as having an impairment

means

(i) Has a physical or mental impairment that does not substantially limit major life activities but is treated by the Commission as constituting such a limitation;

(ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or

(iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by the Commission as having such an impairment.

Qualified individual with handicaps

means

(1) With respect to any Commission program or activity under which an individual is required to perform services or to achieve a level of accomplishment, an individual with handicaps who meets the essential eligibility requirements and who can achieve the purpose of the program or activity without modifications in the program or activity that the Commission can demonstrate would result in a fundamental alteration in its nature; and

(2) With respect to any other program or activity, an individual with handicaps who meets the essential eligibility requirements for participation in, or receipt of benefits from, that program or activity; and

(3) “Qualified handicapped person" as that term is defined for purposes of employment in 29 CFR 1613.702(f), which is made applicable to this part by §1.1840.

"Section 504" means section 504 of the Rehabilitation Act of 1973, Pub. L.