offered to the Government and accepted under a formal agreement on a without compensation basis for use in the operation of a health care facility or in the provision of health care.

"Health care" means services to patients in Department facilities, beneficiaries of the Federal Government, or individuals or groups for whom health services are authorized under the programs of the Department.

"Health care facility" means a hospital, clinic, health center, or other facility established for the purpose of providing health care. § 57.3

Volunteer service programs. Programs for the use of volunteer services may be established by the Secretary, or his designee, to broaden and strengthen the delivery of health services, contribute to the comfort and wellbeing of patients in Department hospitals or clinics, or expand the services required in the operation of a health care facility. Volunteers may be used to supplement, but not to take the place of, personnel whose services are obtained through the usual employment procedures.

§ 57.4 Acceptance and use of volunteer

services.

The Secretary, or his designee, shall establish requirements for: Accepting volunteer services from individuals or groups of individuals, using volunteer services, giving appropriate recognition to volunteers, and maintaining records of volunteer services.

§ 57.5

Services and benefits available to volunteers.

(a) The following provisions of law may be applicable to volunteers whose services are offered and accepted under the regulations in this part:

(1) Subchapter I of chapter 81 of title 5 of the United States Code relating to medical services for work related injuries;

(2) Title 28 of the United States Code relating to tort claims;

(3) Section 7903 of title 5 of the United States Code relating to protective clothing and equipment; and

(4) Section 5703 of title 5 of the United States Code relating to travel and transportation expenses.

(b) Volunteers may also be provided such other benefits as are authorized by law or by administrative action of the Secretary or his designee.

(a) The rules and regulations in this part govern the provision of grants by the U.S. Commissioner of Education under authority delegated to him by the Secretary of Health, Education, and Welfare for the construction of noncommercial educational broadcasting facilities pursuant to the provisions of Part IV of Title III of the Communications Act of 1934, as amended by Title I of the Public Broadcasting Act of 1967 (Public Law 90-129).

(b) Projects approved prior to November 7, 1967, shall be subject to regulations in this part in effect on that date. § 60.2 Other pertinent rules and regulations.

Other rules and regulations pertinent to applications for the operation of noncommercial educational broadcasting 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 Regula

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

(a) "Act" means Part IV of Title III of the Communications Act of 1934, as amended (47 U.S.C. 390-399).

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

(c) "FCC" means the Federal Communications Commission.

(d) "Commissioner" means the U.S. Commissioner of Education.

(e) "Corporation" means the Corporation for Public Broadcasting established pursuant to Subpart B of the Act.

(f) "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

(g) "State educational television agency" and "State educational radio agency" mean, with respect to television broadcasting and radio broadcasting respectively:

(1) A board or commission established by State law for the purpose of promoting such broadcasting 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 such broadcasting. In the case of the District of Columbia, the term "Governor" as used in this paragraph means the Commissioner of the District of Columbia, and, in the case of the Trust Territory of the Pacific Islands, means the High Commissioner thereof.

(h) "College" and "university" mean an educational institution in any State which (1) admits as regular students only persons having a certificate of

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graduation 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 2-year program which is acceptable for full credit toward such a degree, and (4) is accredited by a nationally recognized accrediting agency or association.

(i) "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 tax revenues for a current academic program of instruction for which credit is offered at the higher education level.

(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) "Reserved channel" means a channel reserved by the FCC for the exclusive use of a noncommercial educational broadcast station.

(1) "Broadcasting" means the dissemination of standard AM, FM, or TV electronic energy through the atmosphere intended primarily for reception by the general public.

(m) "Educational broadcasting," means broadcasting of educational, community service, and cultural programs of benefit to the area or community served by such broadcasting.

(n) "Project" means the acquisition and installation of only those items of transmission apparatus related to one noncommercial educational broadcasting station (except that the apparatus may be related to two or more such stations where interconnection is involved) which the Commissioner determines to be eligible for Federal financial assistance pursuant to the provisions of this part. Such term also includes planning with respect to such acquisition and installation. (See paragraph (q).)

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

(p) "Installation" means the assembling, affixing, and taking any other steps necessary or required in order to

make ready for use transmission apparatus included in the project.

(q) "Planning" means the preparation of the application for a Federal grant under the Act, and the preparation of applications to the FCC for authority to construct and operate the transmission apparatus included in the project. Such term does not include the preparation of statewide or regional plans, the conduct of surveys, or the preparation and conduct of proceedings before the FCC for the purpose of having a radio or television channel or channels reserved for noncommercial educational broadcasting.

(r) "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 purpose of paragraph (b) of § 60.14, the obligation to own.

(s) "Transmission apparatus" means that equipment which is necessary for noncommercial educational broadcasting and which is itemized in the "List of Transmission Apparatus" maintained and published by the Commissioner. Copies of the list may be obtained by writing to the U.S. Commissioner of Education, Department of Health, Education, and Welfare, Washington, D.C. 20202.

(t) "Closed circuit" means a system for the distribution of electronic signals by a means other than broadcasting.

(u) "Interconnection" means the use of microwave equipment, boosters, translators, repeaters, communication space satellites, or other apparatus or equipment for the transmission and distribution of television or radio programs to noncommercial educational broadcasting stations.

(v) "Regional plan" means an organized design for the dispersion of noncommercial educational broadcasting facilities within a geographical area not otherwise specifically defined by either State boundaries or the broadcast contours of an individual noncommercial educational broadcast station.

(w) "Service area" means:

(1) in the case of television broadcasting, that area included within the station's predicted Grade B contour;

(2) in the case of AM radio broadcasting, that area included within the station's predicted 500 microvolt contour; and

(3) in the case of FM radio broadcasting, that area included within the station's predicted 1 millivolt contour.

(x) "Situated in any State" means, with respect to a noncommercial educational broadcast station and all transmission apparatus resulting from a project associated with such station, situated (irrespective of physical location) in the State in which the channel occupied or applied for is assigned by the FCC, unless the Commissioner, in light of all the pertinent facts and circumstances of a particular case, specifically determines otherwise.

(y) "Fair-market value" means the price arrived at by a seller who is willing to sell, and a buyer who is willing to buy, where both parties are freely negotiating in good faith. Criteria used to establish fair-market value include: (1) The price at which a like item (model, age, and condition) has changed hands; (2) in the case of a donation, the donor's purchase price or cost of manufacture, less reasonable allowance for depreciation due to use and age; (3) the catalog or other established price of a new item of the same type, less reasonable allowance for depreciation due to use and age; or (4) appraisal, satisfactory to the United States, made by one or more qualified, impartial appraisers.

(a) Applications for Federal financial assistance under this part for an educational television project may be submitted by:

(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 noncommercial educational television broadcasting and is eligible to receive a license from the FCC for a noncommercial educational television broadcasting station pursuant to the rules and regulations of the FCC in effect on April 12, 1962; or

(5) A municipality which owns and operates a facility used only for noncommercial educational broadcasting.

(b) Applications for Federal financial assistance under this part for an educational radio project may be submitted by:

(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 radio 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 noncommercial educational radio broadcasting and is eligible to receive a license from the FCC, or meets the requirements of subparagraph (4) of paragraph (a) of this section and is also organized priImarily to engage in or encourage such radio broadcasting and is eligible for such a license for such a radio station; or (5) A municipality which owns and operates a facility used only for noncommercial educational broadcasting.

An application for Federal financial assistance under this part must be filed with the Commissioner by the applicant and contain such information with respect to the project and related noncommercial educational broadcasting activities of the applicant as the Commissioner may deem necessary. The application shall be executed by an official or representative of the applicant duly authorized to make such application and to provide the required assurances. The Commissioner may request an applicant to file such additional information, documents, written statements, justification and exhibits as he may deem necessary. The applicant may submit, on his initiative, amendments or additional information relevant to his application. § 60.6

FCC authorization.

(a) In any case where the project requires an authorization or authorizations from the FCC, the applicant must file with the Commissioner a copy of each FCC application and any amendments thereto.

(b) If the FCC returns, dismisses or denies an application required for the

(a) Each applicant shall promptly serve a copy of his application, and each amendment thereto, for Federal financial assistance under this part upon each of the following:

(1) The Secretary, Federal Communications Commission, Washington, D.C. 20554; and

(2) The State educational television or radio agency, if any, in the State in which the channel associated with the project is assigned by the FCC, or, if the channel in question is assigned jointly to communities in different States, upon the State educational television or radio agency, if any, in each of such States.

(b) Each applicant must also give written notice of the filing of his application, and each amendment thereto, to the State educational broadcast agency, if any, in any State, any part of which is within the service area of the proposed broadcast station unless such agency has been served in accordance with paragraph (a) of this section.

§ 60.8 Acceptance of applications.

(a) Applications tendered for filing with the Commissioner will be given a preliminary examination. Those found to be complete or substantially complete will be accepted for filing. Applications which are not substantially complete or which are determined to be substantially not in accordance with the provisions of this part will not be accepted for filing and will be returned to the applicant: Provided, That, within 30 days of such return, the applicant may file with the Commissioner a petition pursuant to § 60.22. Acceptance of an application for filing will not preclude subsequent return or disapproval of the application if it is found to be not in accordance with the provisions of this part, or if the applicant fails to file any additional information or documents requested by the Commissioner.

(b) Applications proposing projects which require authorization or authorizations from the FCC will not be accepted for filing by the Commissioner until after the FCC has accepted for filing the necessary application or applications to the FCC for such authorization or authorizations.

§ 60.9 Assurances required.

No project will be approved unless the applicant has given assurances acceptable to the Commissioner:

(a) That;

(1) The applicant meets the requirements of eligibility set forth in § 60.4;

(2) The applicant's organic or corporate powers include the authority to construct and operate noncommercial educational broadcast facilities, and to receive Federal funds for such construction;

(b) That in the case of a nonprofit foundation, corporation or association eligible under § 60.4, the applicant is so organized as to be reasonably representative of the educational, cultural, and civic groups in the community to be served, and free from such control by a single private entity (either through membership on its board of directors, source of funds, or otherwise) as would prevent or restrict it from serving overall community needs or interests;

(c) That the transmission apparatus to be acquired and installed under the project will be owned by the applicant;

(d) That the operation of the noncommercial educational broadcast facilities will be under the control of the applicant or a person qualified under § 60.4 to be an applicant;

(e) That sufficient funds will be available when needed:

(1) To meet the non-Federal share of the cost of the project;

(2) To acquire all land and to construct and install all facilities, structures and equipment, in addition to the transmission apparatus included in the project, necessary to place the proposed noncommercial educational broadcast facilities in operation; and

(3) To operate and maintain the noncommercial educational broadcast facilities;

(f) That all non-Federal financial sources available for the project have been taken into account, and that the non-Federal share stated by the applicant as being available for use in the project is the maximum contribution available from such sources;

(g) That the transmission apparatus to be acquired and installed under the project will be used primarily for educational broadcasting purposes and only incidentally for other educational purposes by means of closed circuit;

(h) That, in the case of an application for an educational radio project;

(1) There has been comprehensive planning for educational broadcasting facilities and services in the area the applicant proposes to serve, and the applicant has participated in such planning; and

(2) The applicant will make the most efficient use of the frequency assigned to him by the FCC.

§ 60.10 Comments on applications.

(a) The Commissioner will publish notice in the FEDERAL REGISTER of the acceptance for filing of each application and of the receipt of each amendment which substantially affects an application.

(b) Within 30 calendar days from the date on which notice is published in the FEDERAL REGISTER of the acceptance for filing of an application (and within 10 calendar days from the date on which notice is published in the FEDERAL REGISTER of the receipt of an amendment) any State educational television and/or radio agency and any other interested person may file comments with the Commissioner in support of or in opposition to the application or amendment, setting forth the grounds for such support or opposition, accompanied by a certification that a copy of such comments has been mailed to the applicant.

(c) Within 15 calendar days from the last day for filing such comments, the applicant may file a reply to any comments opposing his application or an amendment thereof.

(d) The time periods referred to in paragraphs (b) and (c) of this section may be extended by the Commissioner if good cause is shown therefor. § 60.11

tion.

Coordination with the Corpora

In acting on applications and carrying out his other responsibilities under the Act and this part, the Commissioner may consult with the Corporation and other agencies, organizations and institutions administering programs which may be effectively coordinated with Federal assistance provided under the Act and this part.

§ 60.12 Processing of applications.

(a) With respect to applications accepted for filing pursuant to § 60.7, the Commissioner may at any time (1) defer action on all applications or on groups of application; (2) institute priorities