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B-180708 1 (1976-01-30)

handle is hein.gao/gaobaddrp0001 and id is 1 raw text is: MATTER OF DIGEST: : Chairman of FCC - Inquiry as to Applicability of special counsel fees to Retired Annuitant for Preparation of Primers In view of the funds provided in its current appropriation for special counsel fees, the Federal Communications Commission may procure the services of a retired Government attorney in order to prepare up-to-date primers on political broadcasting rulings, and the amount payable to him is not subject under 5 U. S. C. § 8344(a) to setoff by the amount of the retirement annuity since the retiree's expertise and thorough knowledge in the matter will enable him to perform the functions described in the statements of work contained. in the proposed contract independently rather than under an employer-employee relationship. The Chairman of the Federal Communications Commission (FCC) requests our opinion as to the propriety of a proposed contractual arrangement with the former Associate General Counsel of that agency. Specifically, our advice is sought in regard to the following three questions: 1. Whether, under the circumstances, the FCC is authorized to enter into a contract with the annuitant former Associate General Counsel to prepare up-to-date primers on political broadcasting and the fairness doctrine; 2. Whether the highest rate specified by the Classification Act is the maximum amount that may be paid for such services under the authorization of the Communications Act of 1,034, as amended, 47 U. S. Code S 154(g), as implemented by the current appropriation act, Public Law 94-121, October 21, 1975, 89 Stat. 611 and 634; and 3. Whether, in view of the fact that the proposed contractor is a Government annuitant, the amount awarded under the contract is subject to reduction by the amount of his retirement annuity. The Chairman explains that the Commission believes that it would be in the public interest for the Commission to issue revised primers on political broadcasting and the fairness doctrine in'the near future so as to be available prior to the national and local compaigns in 1976. U9q) 7/ 0--3 97/ Z - I klk1 R r THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON.L: C. 20548 FILE: B-180708 DATE: JAN 3 0197$

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