Goto Section: 64.609 | 64.611 | Table of Contents
FCC 64.610
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 64.610 Establishment of a National Deaf-Blind Equipment Distribution
Program.
(a) The National Deaf-Blind Equipment Distribution Program (NDBEDP) is
established as a pilot program to distribute specialized customer premises
equipment (CPE) used for telecommunications service, Internet access
service, and advanced communications, including interexchange services and
advanced telecommunications and information services, to low-income
individuals who are deaf-blind. The duration of this pilot program will be
two years, with a Commission option to extend such program for an additional
year.
(b) Certification to receive funding. For each state, the Commission will
certify a single program as the sole authorized entity to participate in the
NDBEDP and receive reimbursement for its program's activities from the
Interstate Telecommunications Relay Service Fund (TRS Fund). Such entity
will have full oversight and responsibility for distributing equipment and
providing related services in that state, either directly or through
collaboration, partnership, or contract with other individuals or entities
in-state or out-of-state, including other NDBEDP certified programs.
(1) Any state with an equipment distribution program (EDP) may have its EDP
apply to the Commission for certification as the sole authorized entity for
the state to participate in the NDBEDP and receive reimbursement for its
activities from the TRS Fund.
(2) Other public programs, including, but not limited to, vocational
rehabilitation programs, assistive technology programs, or schools for the
deaf, blind or deaf-blind; or private entities, including but not limited
to, organizational affiliates, independent living centers, or private
educational facilities, may apply to the Commission for certification as the
sole authorized entity for the state to participate in the NDBEDP and
receive reimbursement for its activities from the TRS Fund.
(3) The Commission shall review applications and determine whether to grant
certification based on the ability of a program to meet the following
qualifications, either directly or in coordination with other programs or
entities, as evidenced in the application and any supplemental materials,
including letters of recommendation:
(i) Expertise in the field of deaf-blindness, including familiarity with the
culture and etiquette of people who are deaf-blind, to ensure that equipment
distribution and the provision of related services occurs in a manner that
is relevant and useful to consumers who are deaf-blind;
(ii) The ability to communicate effectively with people who are deaf-blind
(for training and other purposes), by among other things, using sign
language, providing materials in Braille, ensuring that information made
available online is accessible, and using other assistive technologies and
methods to achieve effective communication;
(iii) Staffing and facilities sufficient to administer the program,
including the ability to distribute equipment and provide related services
to eligible individuals throughout the state, including those in remote
areas;
(iv) Experience with the distribution of specialized CPE, especially to
people who are deaf-blind;
(v) Experience in how to train users on how to use the equipment and how to
set up the equipment for its effective use; and
(vi) Familiarity with the telecommunications, Internet access, and advanced
communications services that will be used with the distributed equipment.
(c) Definitions. For purposes of this section, the following definitions
shall apply:
(1) Equipment. Hardware, software, and applications, whether separate or in
combination, mainstream or specialized, needed by an individual who is
deaf-blind to achieve access to telecommunications service, Internet access
service, and advanced communications, including interexchange services and
advanced telecommunications and information services, as these services have
been defined by the Communications Act.
(2) Individual who is deaf-blind. (i) Any person:
(A) Who has a central visual acuity of 20/200 or less in the better eye with
corrective lenses, or a field defect such that the peripheral diameter of
visual field subtends an angular distance no greater than 20 degrees, or a
progressive visual loss having a prognosis leading to one or both these
conditions;
(B) Who has a chronic hearing impairment so severe that most speech cannot
be understood with optimum amplification, or a progressive hearing loss
having a prognosis leading to this condition; and
(C) For whom the combination of impairments described in clauses
(c)(2)(i)(A) and (B) of this section cause extreme difficulty in attaining
independence in daily life activities, achieving psychosocial adjustment, or
obtaining a vocation.
(ii) The definition in this paragraph also includes any individual who,
despite the inability to be measured accurately for hearing and vision loss
due to cognitive or behavioral constraints, or both, can be determined
through functional and performance assessment to have severe hearing and
visual disabilities that cause extreme difficulty in attaining independence
in daily life activities, achieving psychosocial adjustment, or obtaining
vocational objectives. An applicant's functional abilities with respect to
using telecommunications, Internet access, and advanced communications
services in various environments shall be considered when determining
whether the individual is deaf-blind under clauses (c)(2)(i)(B) and (C) of
this section.
(d) Eligibility criteria (1) Verification of disability. Individuals
claiming eligibility under the NDBEDP must provide verification of
disability from a professional with direct knowledge of the individual's
disability.
(i) Such professionals may include, but are not limited to, community-based
service providers, vision or hearing related professionals, vocational
rehabilitation counselors, educators, audiologists, speech pathologists,
hearing instrument specialists, and medical or health professionals.
(ii) Such professionals must attest, either to the best of their knowledge
or under penalty of perjury, that the applicant is an individual who is
deaf-blind (as defined in 47 CFR 64.610(b)). Such professionals may also
include, in the attestation, information about the individual's functional
abilities to use telecommunications, Internet access, and advanced
communications services in various settings.
(iii) Existing documentation that a person is deaf-blind, such as an
individualized education program (IEP) or a statement from a public or
private agency, such as a Social Security determination letter, may serve as
verification of disability.
(iv) The verification of disability must include the attesting
professional's name, title, and contact information, including address,
phone number, and e-mail address.
(2) Verification of low income status. An individual claiming eligibility
under the NDBEDP must provide verification that he or she has an income that
does not exceed 400 percent of the Federal Poverty Guidelines as defined at
42 U.S.C. 9902(2) or that he or she is enrolled in a federal program with a
lesser income eligibility requirement, such as the Federal Public Housing
Assistance or Section 8; Supplemental Nutrition Assistance Program, formerly
known as Food Stamps; Low Income Home Energy Assistance Program; Medicaid;
National School Lunch Program's free lunch program; Supplemental Security
Income; or Temporary Assistance for Needy Families. The NDBEDP Administrator
may identify state or other federal programs with income eligibility
thresholds that do not exceed 400 percent of the Federal Poverty Guidelines
for determining income eligibility for participation in the NDBEDP. Where an
applicant is not already enrolled in a qualifying low-income program,
low-income eligibility may be verified by the certified program using
appropriate and reasonable means.
(3) Prohibition against requiring employment. No program certified under the
NDBEDP may impose a requirement for eligibility in this program that an
applicant be employed or actively seeking employment.
(4) Access to communications services. A program certified under the NDBEDP
may impose, as a program eligibility criterion, a requirement that
telecommunications, Internet access, or advanced communications services are
available for use by the applicant.
(e) Equipment distribution and related services. (1) Each program certified
under the NDBEDP must:
(i) Distribute specialized CPE and provide related services needed to make
telecommunications service, Internet access service, and advanced
communications, including interexchange services or advanced
telecommunications and information services, accessible to individuals who
are deaf-blind;
(ii) Obtain verification that NDBEDP applicants meet the definition of an
individual who is deaf-blind contained in 47 CFR 64.610(c)(1) and the income
eligibility requirements contained in 47 CFR 64.610(d)(2);
(iii) When a recipient relocates to another state, permit transfer of the
recipient's account and any control of the distributed equipment to the new
state's certified program; (iv) Permit transfer of equipment from a prior
state, by that state's NDBEDP certified program;
[Reserved]
(v) Prohibit recipients from transferring equipment received under the
NDBEDP to another person through sale or otherwise;
(vi) Conduct outreach, in accessible formats, to inform their state
residents about the NDBEDP, which may include the development and
maintenance of a program Web site;
(vii) Engage an independent auditor to perform annual audits designed to
detect and prevent fraud, waste, and abuse, and submit, as necessary, to
audits arranged by the Commission, the Consumer and Governmental Affairs
Bureau, the NDBEDP Administrator, or the TRS Fund Administrator for such
purpose;
(viii) Retain all records associated with the distribution of equipment and
provision of related services under the NDBEDP for two years following the
termination of the pilot program; and
(ix) Comply with the reporting requirements contained in 47 CFR 64.610(g).
(2) Each program certified under the NDBEDP may not:
(i) Impose restrictions on specific brands, models or types of
communications technology that recipients may receive to access the
communications services covered in this section;
(ii) Disable or otherwise intentionally make it difficult for recipients to
use certain capabilities, functions, or features on distributed equipment
that are needed to access the communications services covered in this
section, or direct manufacturers or vendors of specialized CPE to disable or
make it difficult for recipients to use certain capabilities, functions, or
features on distributed equipment that are needed to access the
communications services covered in this section; or
(iii) Accept any type of financial arrangement from equipment vendors that
could incentivize the purchase of particular equipment.
(f) Payments to NDBEDP certified programs. (1) Programs certified under the
NDBEDP shall be reimbursed for the cost of equipment that has been
distributed to eligible individuals and authorized related services, up to
the state's funding allotment under this program as determined by the
Commission or any entity authorized to act for the Commission on delegated
authority.
(2) Within 30 days after the end of each six-month period of the Fund Year,
each program certified under the NDBEDP pilot must submit documentation that
supports its claim for reimbursement of the reasonable costs of the
following:
(i) Equipment and related expenses, including maintenance, repairs,
warranties, returns, refurbishing, upgrading, and replacing equipment
distributed to consumers;
(ii) Individual needs assessments;
(iii) Installation of equipment and individualized consumer training;
(iv) Maintenance of an inventory of equipment that can be loaned to the
consumer during periods of equipment repair;
(v) Outreach efforts to inform state residents about the NDBEDP; and
(vi) Administration of the program, but not to exceed 15 percent of the
total reimbursable costs for the distribution of equipment and related
services permitted under the NDBEDP.
(3) With each request for payment, the chief executive officer, chief
financial officer, or other senior executive of the certified program, such
as a manager or director, with first-hand knowledge of the accuracy and
completeness of the claim in the request, must certify as follows:
I swear under penalty of perjury that I am (name and title), an officer of
the above-named reporting entity and that I have examined all cost data
associated with equipment and related services for the claims submitted
herein, and that all such data are true and an accurate statement of the
affairs of the above-named certified program.
(g) Reporting requirements. (1) Each program certified under the NDBEDP must
submit the following data electronically to the Commission, as instructed by
the NDBEDP Administrator, every six months, commencing with the start of the
pilot program:
(i) For each piece of equipment distributed, the identity of and contact
information, including street and e-mail addresses, and phone number, for
the individual receiving that equipment;
(ii) For each piece of equipment distributed, the identity of and contact
information, including street and e-mail addresses, and phone number, for
the individual attesting to the disability of the individual who is
deaf-blind;
(iii) For each piece of equipment distributed, its name, serial number,
brand, function, and cost, the type of communications service with which it
is used, and the type of relay service it can access;
(iv) For each piece of equipment distributed, the amount of time, following
any assessment conducted, that the requesting individual waited to receive
that equipment;
(v) The cost, time and any other resources allocated to assessing an
individual's equipment needs;
(vi) The cost, time and any other resources allocated to installing
equipment and training deaf-blind individuals on using equipment;
(vii) The cost, time and any other resources allocated to maintain, repair,
cover under warranty, and refurbish equipment;
(viii) The cost, time and any other resources allocated to outreach
activities related to the NDBEDP, and the type of outreach efforts
undertaken;
(ix) The cost, time and any other resources allocated to upgrading the
distributed equipment, along with the nature of such upgrades;
(x) To the extent that the program has denied equipment requests made by
their deaf-blind residents, a summary of the number and types of equipment
requests denied and reasons for such denials;
(xi) To the extent that the program has received complaints related to the
program, a summary of the number and types of such complaints and their
resolution; and
(xii) The number of qualified applicants on waiting lists to receive
equipment.
(2) With each report, the chief executive officer, chief financial officer,
or other senior executive of the certified program, such as a director or
manager, with first-hand knowledge of the accuracy and completeness of the
information provided in the report, must certify as follows:
I swear under penalty of perjury that I am (name and title), an officer of
the above-named reporting entity and that I have examined the foregoing
reports and that all requested information has been provided and all
statements of fact are true and an accurate statement of the affairs of the
above-named certified program.
(h) Administration of the program. The Consumer and Governmental Affairs
Bureau shall designate a Commission official as the NDBEDP Administrator.
(1) The NDBEDP Administrator will work in collaboration with the TRS Fund
Administrator, and be responsible for:
(i) Reviewing program applications received from state EDPs and alternate
entities and certifying those that qualify to participate in the program;
(ii) Allocating NDBEDP funding as appropriate and in consultation with the
TRS Fund Administrator;
(iii) Reviewing certified program submissions for reimbursement of costs
under the NDBEDP, in consultation with the TRS Fund Administrator;
(iv) Working with Commission staff to establish and maintain an NDBEDP Web
site, accessible to individuals with disabilities, that includes contact
information for certified programs by state and links to their respective
Web sites, if any, and overseeing other outreach efforts that may be
undertaken by the Commission;
(v) Obtaining, reviewing, and evaluating reported data for the purpose of
assessing the pilot program and determining best practices;
(vi) Conferring with stakeholders, jointly or separately, during the course
of the pilot program to obtain input and feedback on, among other things,
the effectiveness of the pilot program, new technologies, equipment and
services that are needed, and suggestions for the permanent program;
(vii) Working with Commission staff to adopt permanent rules for the NDBEDP;
and
(viii) Serving as the Commission point of contact for the NDBEDP, including
responding to inquiries from certified programs and consumer complaints
filed directly with the Commission.
(2) The TRS Fund Administrator, as directed by the NDBEDP Administrator,
shall have responsibility for:
(i) Reviewing cost submissions and releasing funds for equipment that has
been distributed and authorized related services, including outreach
efforts;
(ii) Releasing funds for other authorized purposes, as requested by the
Commission or the Consumer and Governmental Affairs Bureau; and
(iii) Collecting data as needed for delivery to the Commission and the
NDBEDP Administrator.
(i) Whistleblower protections. (1) NDBEDP certified programs shall permit,
without reprisal in the form of an adverse personnel action, purchase or
contract cancellation or discontinuance, eligibility disqualification, or
otherwise, any current or former employee, agent, contractor, manufacturer,
vendor, applicant, or recipient, to disclose to a designated official of the
certified program, the NDBEDP Administrator, the TRS Fund Administrator, the
Commission's Office of Inspector General, or to any federal or state law
enforcement entity, any known or suspected violations of the Act or
Commission rules, or any other activity that the reporting person reasonably
believes to be unlawful, wasteful, fraudulent, or abusive, or that otherwise
could result in the improper distribution of equipment, provision of
services, or billing to the TRS Fund.
(2) NDBEDP certified programs shall include these whistleblower protections
with the information they provide about the program in any employee
handbooks or manuals, on their Web sites, and in other appropriate
publications.
(j) Suspension or revocation of certification. (1) The Commission may
suspend or revoke NDBEDP certification if, after notice and opportunity for
hearing, the Commission determines that such certification is no longer
warranted.
(2) In the event of suspension or revocation, the Commission shall take such
steps as may be necessary, consistent with this subpart, to ensure
continuity of the NDBEDP for the state whose program has been suspended or
revoked.
(3) The Commission may, at its discretion and on its own motion, require a
certified program to submit documentation demonstrating ongoing compliance
with the Commission's rules if, for example, the Commission receives
evidence that a state program may not be in compliance with those rules.
(k) Expiration of rules. These rules will expire at the termination of the
NDBEDP pilot program.
[ 76 FR 26647 , May 9, 2011; 76 FR 31261 , May 31, 2011]
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Goto Year: 2014 |
2016
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