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more in aggregate annualized premiums under the existing rate. The report is required to be made on a form prescribed by the Price Commission.

The required form is in the process of development but may not be ready for use by the time the reports are due. Therefore the Price Commission is temporarily postponing the due date for such reports until the forms have been distributed. Notice will be published when they are available so that the required reports may be made. The Commission emphasizes that this action is a postponement of the due date and not a cancellation of the requirement.

[37 F.R. 6718, Apr. 1, 1972]

[Notice 19]

ESTABLISHMENT OF RETAIL

ADVISORY COMMITTEE

In accordance with the authority vested in me by the Economic Stabilization Act of 1970, as amended and by Executive Order 11640, as amended by Executive Order 11660, and pursuant to Executive Order 11007, I find that it is in the public interest in connection with carrying out my duties under the Economic Stabilization Act that a Retail Advisory Committee be established and there is hereby established a Retail Advisory Committee, with the following duties, obligations, and powers:

(1) There will be one officer or employee of the Government as Committee Chairman.

(2) The members of the Committee will be named in letters from the Commission.

(3) This Committee is authorized to begin functioning upon being named and to continue to serve until April 30, 1973, or until they resign or are removed from membership, if sooner.

(4) No meeting shall be held except at the call of, or with the advance approval of the Chairman of the Committee with an agenda formulated or approved by him.

(5) All meetings of the Committee shall be under the chairmanship or conducted in the presence of the Chairman of the Committee, who shall have the authority and is required to adjourn any meeting whenever he considers adjournment to be in the public interest.

(6) Due to the nature of the business to be transacted by this Committee, the making of a verbatim transcript of its meetings would be unduly burdensome

and costly and would interfere with its proper functioning, therefore the Committee is authorized to keep minutes in lieu of making a verbatim transcript. At a minimum the minutes shall contain a list of all persons present, the time and place of meeting, a description of matters discussed and conclusions reached, copies of all reports received, issued, or approved by the Committee, and a record of recommendations made. In addition to minutes of meetings, a record should be made of any business transacted by mail, phone, or wire. Records of the Committee are public records, available to inspection by the public. The accuracy of all minutes shall be certified by the Chairman of the Committee.

(7) The Committee is authorized to consult with and discuss with Price Commission analysts, economists, and attorneys the Commission's regulations and rules as they affect the retail industry; to comment on and advise on proposed changes submitted to the Committee; to make recommendations to the Commission for changes, modifications, or revision; to serve as consolidators for industry opinion and reaction to Commission actions, and to perform such other advisory duties as the Commission may request.

(8) The members of the Retail Advisory Committee will not receive remuneration for their services, except that the Commission upon request of a member will pay transportation to and from Washington, D.C., to attend meetings of the Committee and appropriate per diem as authorized by law.

(9) The Retail Advisory Committee shall begin functioning immediately upon the naming of the members thereof.

(10) Meetings generally will be held at the office of the Price Commission, 2000 M Street NW., Washington, DC 20508. [37 F.R. 11513, June 8, 1972]

[Notice 22]

PROCESSORS OF FLAXSEED
Notice of Exemption of Base Price
Level Requirement

The Price Commission has determined that, while the current prices of linseed meal are not below base price levels, the combined prices for the two products of flaxseed (linseed oil and linseed meal) are below their combined base price level. Thus the total product value derived from processing flaxseed is at its lowest

level in the past 10 years. For this reason, flaxseed processors are experiencing serious hardship since they cannot increase (under current Price Commission regulations) the prices of linseed meal.

Therefore, under the authority of § 300.60 of the regulations of the Price Commission (6 CFR § 300.60), the Price Commission hereby authorizes processors of flaxseed, with respect to the pricing of linseed oil and flaxseed meal, to sell the joint products at prevailing market prices, without regard to base price or other price limitations, except that the resulting total price for the joint products (based on yield per bushel) may not exceed the combined base price of those products, except on the basis of increased allowable costs.

[37 F.R. 12650, June 27, 1972]

[Notice 24]

STATE OF NEW YORK PUBLIC
SERVICE COMMISSION ET AL.

Certificates of Compliance

Section 300.16a (d) of the regulations of the Price Commission provides for the issuance by the Price Commission of certificates of compliance to State and Federal regulatory agencies whose rules for implementing the Economic Stabilization Program, with respect to public utilities, have been approved by the Price Commission.

It is the Commission's intention to publish in the FEDERAL REGISTER, on a biweekly basis, a list of the regulatory agencies that have been so certified.

As of June 23, certificates of compliance have been issued to the following agencies.

(1) State of New York Public Service Commission.

(2) The Public Utilities Commission of Colorado.

(3) Michigan Public Service Commission. [37 FR. 13136, July 1, 1972]

[Notice 25]

ADVERTISING RATES OF RADIO AND

TELEVISION STATIONS

The Price Commission has determined that, as a general practice in the broadcasting industry, the money spent by advertisers is distributed among competing stations. In effect, advertising dollars move away from programs losing audience to programs gaining audience. This

movement results in decreases and f creases in the per-minute cost to t advertiser within the respective pr grams. These movements can take pla NC without raising the average price of commercial position on all progra combined-the price decrease on t loser offsets the price increase on t gainer. This adjustment process ten to be automatic. Advertisers' deman for a commercial position on the losir programs tend to be relatively less i tense than their demand for commerci positions on the gaining prograr thereby tending to drive down prices a losing programs and pushing up pric on programs of wider audience appea A price scheme that prohibits some flexi bility of this nature may, in effect, lowe the average price for broadcast adver tising by preventing one part of the adb justment process. In general practice most firms have used the cost per thou sand (CPM) concept in audience size t determine their advertising fees. The ad vertising base period rate or CPM is ex pressed in terms of X dollars per 1,00 listeners or viewers. The base period rat times the present audience size become the fee for the time unit or progran involved.

In consideration of the foregoing, it is the opinion of the Commission that advertising charges determined on the above-described basis will not be considered to be in violation of the Commission's regulations, if audience size is consistently and appropriately applied from an independent audience survey and, if audience size is used for the purpose of increasing advertising fees, it is also used in lowering fees or charges where warranted. Prices charged in conformance with this paragraph will not be considered to be price increases for the purposes of §§ 300.5, 300.14, 300.51, or 300.52 of the Commission's regulations.

In addition, the base period rate per 1,000 in audience size may be increased only to reflect increases in allowable costs and only to the extent that the increase does not result in an increase in the firm's profit margin, as provided in the Commission's regulations.

This notice does not apply to any person engaged in broadcasting which has not, as a customary practice, up to the date of this notice, been using the CPM method to determine advertising fees. [37 F.R. 13659, July 12, 1972]

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