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respect to compensation and allowances, travel and transportation expenses, and employee benefits which are consistent with his remaining an officer or employee of the Department. Such an agreement may provide that the compensation, travel and transportation expenses, and allowances (or any part thereof) of the officer or employee will be reimbursed by the State, including travel directed by a State.

(b) Department personnel on leave without pay. Each agreement for assignment to a State agency of an officer or employee of the Department on leave without pay from his position in the Department shall, in accordance with section 314(f) of the Act, contain provisions with respect to the following matters:

(1) Payment by the State of Compensation (including allowances) of the officer or employee during the period of assignment, which may include provisions for supplementary salary payments from the Department not in excess of the amount by which the Department rate of compensation (including allowances) exceeds the State rate of compensation (including allowances) and the agreement may also contain provisions for reimbursement by the State for such supplementary compensation;

(2) Payment by the Department of the expenses of travel of the officer or employee and transportation of his immediate family, household goods and personal effects to and from his initial place of assignment, which may include provisions for reimbursement by the State for such expenses;

(3) Payment by the State, under State law and implementing regulations and policies, of travel and transportation expenses incurred as a result of travel directed by the State;

(4) Entitlement to annual and sick leave to the extent authorized by Federal law if that officer or employee were not on leave without pay, but only in circumstances considered by the Secretary to justify approval of such leave;

(5) Coverage under Chapter 87 (life insurance), Chapter 89 (health insurance), and Chapter 83 (retirement) of Title 5 of the United States Code, includ. ing the collection and deposit into the

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respective Federal funds of all necessary contributions and the election of either benefits available under those provisions or similar benefits available through employment in the State agency;

(6) Coverage under Chapter 81 (compensation for work injuries) of Title 5 of the United States Code, except that the officer or employee so assigned (or his dependents in case of death) may elect either benefits available under that provision or similar benefits available through employment in the State agency for injury or death (such election shall be made within 1 year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law); and

(7) Crediting of the period of assignment toward eligibility for Periodic Step Increases under the provision of Chapter 53, Subchapter III of Title 5 of the United States Code and for retention and leave accural purposes under the provisions of Chapter 63, Subchapter I of Title 5, United States Code;

(8) The receipt of credit by a Commissioned Officer for his services while so detailed for pay, promotion, retirement, Social Security, and other purposes as an officer of the Uniformed Services of the United States;

(9) Entitlement of Commissioned Officers and/or their dependents and beneficiaries to medical care, commissary and post exchange privileges and other benefits as members of the Uniformed Services of the United States;

(10) The Federal program which will pay (with or without reimbursement by the State) monetary benefits to which the survivors of an officer or employee are entitled upon death (e.g., in the case of a Commissioned Officer, 6 months pay death gratuity, travel of dependents to a home of selection, shipment of household goods, transportation of remains to place of burial, transportation for escort to accompany remains, burial allowance,

etc.).

(c) State personnel without appointment to Department. Each agreement for the assignment to the Department of an officer or employee of the State

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agency without appointment shall con elect either the benefits under that protain provisions with respect to compen vision or benefits available through emsation and allowances, travel and trans ployment in the State agency for injury portation expenses, and employee bene or death (such election shall be made fits which are consistent with his re within one year after the injury or death, maining an officer or employee of the or such further time as the Secretary of State agency, except that, in accordance Labor may for good cause allow, and with section 314(f) of the Act, provisions when made shall be irrevocable unless shall be contained in the agreement with otherwise provided by law); respect to the following matters:

(4) Exclusion of the officer or em(1) Payment by the Department of ex ployee from coverage under the retirepenses of travel of the officer or em ment provision of Chapter 83 of Title 5, ployee (but not expenses of transporta United States Code, and the life insurtion of his immediate family, household ance provision of Chapter 87 of Title 5, goods, and personal effects) to and from United States Code; the place of assignment or during the (5) Coverage under the health insurperiod of assignment;

ance provision of Chapter 87 of Title 5, (2) Coverage under the compensation United States Code, but only if appointfor work injuries provision of Chapter ment to the Department results in the 81 of Title 5, United States Code, except loss of coverage in a group health benethat the officer or employee so assigned fits plan whose premium has been paid (or his dependents in case of death) may in whole or in part by a contribution of elect either the benefits under that pro

the State agency. vision or benefits available through em (e) General provisions. (1) Notwithployment in the State agency for injury standing any other provision in this secor death (such election shall be made tion, sections 203, 205, 207, 208 and 209 within one year after the injury or death, of Title 18 of the United States Code, reor such further time as the Secretary of lating to conflicts of interest, shall apply Labor may for good cause allow, and to all officers or employees on assignment when made shall be irrevocable unless pursuant to section 314(f) of the Act; otherwise provided by law).

(2) Each agreement for the assign(d) State personnel with appointment

ment of an officer or employee shall proto Department. Each agreement for ap

vide that the policics of both the Departpointment to the Department of an of

ment and the State agency governing the ficer or employee of the State agency for

standards of conduct of their personnel the period of assignment shall, in ac shall apply to the officer or employee cordance with section 314(f) of the Act, assigned under the agreement; and, if contain provisions with respect to the any such policies conflict, the agreement following matters:

shall include mutually acceptable pro(1) Payment by the Department of visions indicating which policies in the compensation in accordance with posi areas of conflict will prevail; tion classification provisions of Chapter (3) Each such agreement for the as51 of Title 5, United States Code, and signment of an officer or employee shall allowances as authorized by Federal law; provide that the rules and policies of

(2) Payment by the Department of ex the Department or State agency receivpenses of travel of the officer or em ing the officer or employee on assignment ployee (but not expenses of transporta with respect to the internal operation tion of his immediate family, household and management of the receiving goods, and personal effects) to and from agency (for example, hours of duty, the place of assignment and during the building rules, and operating proceperiod of assignment;

dures) shall govern the employment and (3) Coverage under the compensation conduct of such employee or officer exfor work injuries provision of Chapter cept as otherwise provided in the agree81 of Title 5, United States Code, except ment through mutual consent; that the officer or employee so appointed (4) Each agreement for the assign(or his dependents in case of death) may ment of an officer or employee may con

tain any other provisions not in violation of the Act or the regulations in this part which the Department or State agency finds necessary to carry out the assignment provided for therein and which are mutually acceptable. $ 55.8 Modification of agreement.

Each agreement for an assignment of personnel between the Department and a State agency may be shortened, extended, or otherwise modified upon the mutual agreement of both parties. Such modifications shall be in accordance with section 314(f) of the Act and the regulations in this part. $ 55.9 Termination of agreement.

Each agreement for an assignment of personnel between the Department and a State agency may be terminated by mutual consent or upon 60 days' notice in writing by either party of its intention to terminate the agreement. § 55.10 Reports and evaluation.

The parties to each agreement shall adopt such procedures and make such reports as the Secretary may find necessary for the evaluation of the progress of assignments under the agreement in light of the purpose stated in section 314(f) (2) of the Act and $ 55.2. Such procedures and reports shall include, but not be limited to, (a) periodic consultations between the Department and the State agency, (b) exchange of reports, and (c) maintenance of records supporting such reports and mutual access thereto.

Sec.
60.14 Amount of Federal grant.
60.15 Action on applications.
60.16 Revocation of grant.
60.17 Conditions to Federal grant.
60.18 Payment of Federal grant.
60.19 Fiscal reports and records.
60.20 Status reports.
60.21 Change in eligibility or use.
60.22 Petition for reconsideration.

AUTHORITY: The provisions of this part 60 issued under sec. 396, 76 Stat. 67, 47 U.S.C. 396.

SOURCE: The provisions of this Part 60 appear at 28 F.R. 5424, June 1, 1963, unless otherwise noted. $ 60.1 Scope.

The rules and regulations in this part govern the provision of Federal financial assistance by the Secretary of Health, Education, and Welfare for the construction of noncommercial educational television broadcast facilities to be used for educational purposes pursuant to the provisions of Part IV of Title III of the Communications Act of 1934, as amended. § 60.2 Other pertinent rules and regula

tions, Other rules and regulations pertinent to applications for the operation of noncommercial educational television broadcast stations are contained in the rules and regulations of the Federal Communications Commission (47 CFR Part 1 (Practice and Procedure)); Part 2 (Frequency Allocations and Radio Treaty Matters; General Rules and Regulations); Part 73, Subpart E (Television Broadcast Stations); Part 74 (Experimental, Auxiliary and Special Broadcast Services); and Part 17 (Construction, Marking and Lighting of Antenna Structures). $ 60.3 Definitions.

Except as otherwise provided, the following terms shall have the following meanings when used in the rules and regulations in this part:

(a) "Secretary" means the Secretary of Health, Education, and Welfare.

(b) "Commission" means the Federal Communications Commission.

(c) “Commissioner" means the U.S. Commissioner of Education.

(d) “State" means each of the fifty States and the District of Columbia and the Commonwealth of Puerto Rico.

PART 60FEDERAL FINANCIAL AS

SISTANCE FOR NONCOMMERCIAL
EDUCATIONAL TELEVISION

BROADCAST FACILITIES Sec. 60.1 Scope. 60.2 Other pertinent rules and regulations. 60.3 Definitions. 60.4 Application for Federal financial

assistance. 60.5 Federal Communications Commission

authorization. 60.6 Service of applications. 60.7 Acceptance of applications. 60.8 Comments on applications. 60.9 Assurances required. 60.10 Operation on-reserved channel. 60.11 Interconnection apparatus. 60.12 Priorities. 60.13 Criteria for action on applications.

(e) “Applicant” means:

(1) An agency or officer responsible for the supervision of public elementary or secondary education or public higher education within a State, or within a political subdivision thereof;

(2) A State educational television agency;

(3) A college or university deriving its support in whole or in part from tax revenues; or

(4) A nonprofit foundation, corporation or association which is organized primarily to engage in or encourage educational television broadcasting station eligible to receive a license from the Commission for a noncommercial educational television broadcasting station pursuant to the rules and regulations of the Commission in effect on April 12, 1962.

(f) "State educational television agency" means:

(1) A board or commission established by State law for the purpose of promoting educational television within a State;

(2) A board or commission appointed by the Governor of a State for such purpose if such appointment is not inconsistent with State law; or

(3) A State officer or agency responsible for the supervision of public elementary or secondary education or public higher education within the State which has been designated by the Governor to assume responsibility for the promotion of educational television. In the case of the District of Columbia, the term “Governor” as used in this paragraph means the Board of Commissioners of the District of Columbia.

(g) "College” and “university” mean an educational institution in any State which (1) admits as regular students only persons having a certificate of grad. uation from a school providing secondary education, or the recognized equivalent of such a certificate, (2) is legally authorized within such State to provide a program of education beyond the secondary level, (3) provides an educational program for which it awards a bachelor's degree or provides not less than a twoyear program which is acceptable for full credit toward such a degree, and (4) is accredited by a nationally recognized accrediting agency or association.

(h) “Deriving its support in whole or in part from tax revenues," as applied to a college or university means that such college or university receives direct and continuing State or local appropriations for a current academic program of instruction for which credit is offered at the higher education level.

(i) "Reversed channel” means a television channel reserved by the Commission in its table of television assignments, as amended (47 CFR 73.606) for the exclusive use of a noncommercial educational television broadcast station.

(j) “Nonprofit," as applied to any foundation, corporation, or association, means a foundation, corporation, or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(k) "Educational purposes" as applied to educational television broadcasting means the transmission of educational, community service, and cultural programs.

(i) "Situated in any state," for the purpose of calculating the total amount of Federal grants which can be made for the construction of television broadcast facilities to be situated in any State, shall have the following meaning, unless the Secretary, in light of all the pertinent facts and circumstances of a particular case, specifically determines otherwise for the State or States receiving service (irrespective or physical location of any facilities):

(1) A noncommercial educational television broadcast station shall be deemed to be situated (irrespective of physical location) in the State in which the chan. nel occupied or applied for is assigned by the Commission. Where the same channel is assigned in combination to two or more communities located in different States, the Secretary will make a specific determination in each case with respect to the States or States in which the station will be deemed to be situated.

(2) Facilities for interconnecting noncommercial educational television broadcast stations shall be deemed to be situated (Irrespective of physical location) in the State in which the educational television broadcast station receiving programs by means of such facilities is deemed to be situated. In the event such facilities are used for two-way

transmission between broadcast stations in different States, the Secretary will make a specific determination in each case with respect to the State or States in which the facilities will be deemed to be situated.

(3) Translators, boosters, and repeaters, to the extent not used for interconnection of noncommercial educational television broadcast stations, will be deemed to be situated in the State in which they are physically located.

(m) "Broadcasting" means the dissemination of radio communications intended to be received by the public, directly or by the intermediary of relay stations.

(n) "Project" means the acquisition and installation of only those items of transmission apparatus related to one noncommercial educational television broadcast station (except that the apparatus may be related to two or more such stations where interconnection is involved) which the applicant proposes to acquire and install with Federal financial assistance pursuant to the provisions of this part.

(0) "Enterprise" means an applicant's entire educational television activities any part of which is to be aided by Federal financial assistance pursuant to the provisions of this part.

(p) “Construction," as applied to noncommercial educational television broadcast facilities, means the acquisition and installation of transmission apparatus necesary for television broadcasting.

(q) "Acquisition" means the assumption of ownership of transmission apparatus (including the receipt of gifts) and necessary delivery.

(r) "Installation" means operations necessary to assemble, afix and make ready for use transmission apparatus included in the project. Such term also includes such engineering services as are necessary and directly related to preparing the engineering data required for the particular project (including engineering data required to apply for authority to construct and operate the transmission apparatus included in the project) and to completing such project, but does not include engineering seryices related to preparing statewide or regional plans, to conducting surveys, or to proceedings before the Commission for the purpose of having a television channel or channels reserved for noncommercial educational use. Such term does

not include any architectural or legal services.

(s) "Owned by the applicant” as applied to transmission apparatus means that the applicant's interest in such transmission apparatus is, at least, the primary, equitable, or beneficial interest, including for the purposes of paragraphs (b) and (c) of $ 60.14 the obligation to own.

(t) "Transmission apparatus" means that equipment which is necessary for television broadcasting (provided that such equipment may incidentally be used for transmitting closed circuit television programs) and which is type approved or type accepted by the Federal Communications Commission or, where such type approval or type acceptance is not required, meets generally accepted broadcast engineering practice. The term includes items of equipment in the following categories:

(1) Antenna system.
(2) Transmitter and control.

(3) Translators, boosters, and repeaters.

(4) Microwave equipment (studiotransmitter links, interconnecting microwave relays and mobile microwave units).

(5) Video-recording equipment.
(6) Studio equipment.

(7) Mobile equipment. A "List of Transmission Apparatus" and of suggested minimum performance standards thereof will be maintained and published by the Commissioner of Education. Copies of the list may be obtained by writing to the Commissioner of Education, Department of Health, Education, and Welfare, Washington, D.C.

(u) "Closed circuit television" means a system for the distribution to receivers of television signals by means of conducted, guided, or directed radio, audio or video frequency energy without regard to how the signals are brought to the distribution center.

(v) “Interconnection" means the use of microwave equipment, boosters or translators for the transmission of educational television programs from one noncommercial educational television broadcast station to another such station.

(w) “Translator" means a device for the purpose of retransmitting the signals of a television broadcast station or another translator, by means of direct frequency conversion and amplification of the incoming signals without signifi

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