FCC Web Documents citing 54.513

as compiled by hallikainen.com/FccRules on 2012 06 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-733A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-733A1.pdf
  • para. 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. § 54.8(a)(6). In the Matter of NEC-Business Network Solutions, Inc., Notice of Debarment and Order Denying Waiver Petition, 21 FCC Rcd 7491, 7493, para. 7 (2006). 47 C.F.R. § 54.501. Id. § 54.513(a). United States v. Jonathan Slaughter, Case No. 2:11cr162-MEF-01, Plea Agreement at 3-4 (M.D. Ala. 2011) (Plea Agreement). Id. at 4. Id.; Justice News, Dep't of Justice, Montgomery Man Pleads Guilty to Stealing $892,000 from Schools in 13 States, Sept. 29, 2011, http://www.justice.gov/usao/alm/press/current_press/2011_09_29_slaughter .pdf (Press Release). Plea Agreement at 4-5. Id. Id. See Appendix. Judgment at 2-3. Id. at 5. 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2667A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2667A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2667A1.txt
  • find that Nextel has met the appropriate certification filing deadline in order for it to begin receiving support as of its ETC designation date. Accordingly, we treat Nextel's certifications as timely so that it can begin receiving universal service support as of the date of its ETC designation. Separate and in addition to its annual certification filing under rule sections 54.513 and 54.314, Nextel has committed to submit records and documentation on an annual basis detailing: (1) its progress towards meeting its build-out plans; (2) the number of complaints per 1,000 handsets; and (3) information detailing how many requests for service from potential customers were unfulfilled for the past year. We require Nextel to submit these additional data to the Commission
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2371A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2371A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2371A1.txt
  • 02-6, E-Rate Central Petition for the Clarification or Waiver of E-Rate Rules Concerning the Disposal of Equipment Purchased Under the Schools and Libraries Universal Support Mechanism (filed Sept. 13, 2006) (``E-Rate Central Petition''). E-Rate Central is an independent firm that specializes in providing consulting, compliance, and forms processing services to E-rate applicants and service providers. See also 47 C.F.R. § 54.513(a) (``Eligible services purchased at a discount under this subpart shall not be sold, resold, or transferred in consideration of money or any other thing of value.''); 47 C.F.R. § 54.513(c) (``Eligible services and equipment components of eligible services purchased at a discount under this subpart shall not be transferred, with or without consideration of money or any other thing of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.txt
  • and libraries receive discounts for eligible telecommunications services, Internet access, and internal connections. Legal Basis: 47 U.S.C. 254(h)(1)(B). Section Numbers and Titles: 54.500 Terms and definitions. 54.501 Eligibility for services provided by telecommunications carriers. 54.502 Supported telecommunications services. 54.503 Other supported special services. 54.504 Requests for services. 54.505 Discounts. 54.507 Cap. 54.509 Adjustments to the discount matrix. 54.511 Ordering services. 54.513 Resale and transfer of services. 54.515 Distributing support. 54.516 Auditing. 54.517 Services provided by non-telecommunications carriers. SUBPART G-UNIVERSAL SERVICE SUPPORT FOR HEALTH CARE PROVIDERS Brief Description: These rules specify the requirements for participation in the Rural Health Program of the Universal Service support mechanism. The rules establish the requirements for eligible health care providers, and the services eligible for discounted
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-86A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-86A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-86A1.txt
  • for an entity. 54.507(g) stating the rules of priority. 4th R & O, 19 FCC Rcd 15252, ¶15, stating that the service provider is likely to be the responsible party if it delivers services that were not approved for funding under the Form 471. Recover. 5. Equipment transferred prior to 3 years after purchase or prior to closure of entity. 54.513(c), prohibiting the transfer of equipment for 3 years, with certain exceptions. Recover. 6. No signed contract (2004 and beyond). No legally binding agreement (2003 and before). 5th R & O, 19 FCC Rcd 15808, ¶ 48, stating that for recordkeeping purposes, applicants and service providers should keep ``executed contracts, signed and dated by both parties.'' Do not recover if there
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1248A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1248A4.pdf
  • this application have complied with them. 29 I certify that the services the applicant purchases at discounts provided by 47 U.S.C. § 254 will be used solely for educational purposes and will not be sold, resold or transferred in consideration for money or any other thing of value, except as permitted by the Commission's rules at 47 C.F.R. §§ 54.500(b), 54.513. Additionally, I certify that the entity or entities listed on this application have not received anything of value or a promise of anything of value, other than services and equipment sought by means of this form, from the service provider, or any representative or agent thereof or any consultant in connection with this request for services. 30 I certify that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1997A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1997A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1997A1.txt
  • ARE GRANTED and their applications ARE REMANDED to USAC for further consideration consistent with this order to the extent provided herein. 6. IT IS FURTHER ORDERED, pursuant to section 1.102(b)(1) of the Commission's rules, 47 C.F.R. § 1.102(b)(1), that this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief Wireline Competition Bureau 47 C.F.R. § 54.513(c). The Commission's rules provide that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c); Letter from Ivan Randolph, Superintendent, Abbeville County School District, to Marlene Dortch, Secretary, Federal Communications Commission, CC Docket Nos. 02-6, 96-45 (filed May 11, 2010) (Abbeville Request; Letter from Tom Traywick, Senior Compliance
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2218A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2218A2.txt
  • in the schools and libraries program. 20 I certify that the services the applicant purchases at discounts provided by 47 U.S.C. § 254 will be used primarily for educational purposes and will not be sold, resold or transferred in consideration for money or any other thing of value, except as permitted by the Commission's rules at 47 C.F.R. §§ 54.500, 54.513. Additionally, I certify that the entity or entities listed on this form have not received anything of value or a promise of anything of value, other than services and equipment sought by means of this form, from the service provider, or any representative or agent thereof or any consultant in connection with this request for services. 21 I acknowledge that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2218A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2218A4.txt
  • this application have complied with them. 29 I certify that the services the applicant purchases at discounts provided by 47 U.S.C. § 254 will be used primarily for educational purposes and will not be sold, resold or transferred in consideration for money or any other thing of value, except as permitted by the Commission's rules at 47 C.F.R. §§ 54.500, 54.513. Additionally, I certify that the entity or entities listed on this application have not received anything of value or a promise of anything of value, other than services and equipment sought by means of this form, from the service provider, or any representative or agent thereof or any consultant in connection with this request for services. 30 I certify that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-87A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-87A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-87A1.txt
  • Sept. 5, 2003) (Lenoir Request for Waiver). The petitioners did not cite to any specific Commission rule in their requests for waiver. See Camden Request for Waiver; Greenville Request for Waiver; Lenoir Request for Waiver. Abbeville County School District, et al, File No. SLD-570660, et al, CC Docket No. 02-6, Order, DA 10-1997 (released Oct. 18, 2010); 47 C.F.R. § 54.513(c); Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912, 26923, para. 26 (2003). Although these requests for waiver were submitted prior to the adoption of 47 C.F.R. § 54.513(c) (permitting transfers of eligible services and equipment to other eligible entities in the event
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-733A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-733A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-733A1.txt
  • para. 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. § 54.8(a)(6). In the Matter of NEC-Business Network Solutions, Inc., Notice of Debarment and Order Denying Waiver Petition, 21 FCC Rcd 7491, 7493, para. 7 (2006). 47 C.F.R. § 54.501. Id. § 54.513(a). United States v. Jonathan Slaughter, Case No. 2:11cr162-MEF-01, Plea Agreement at 3-4 (M.D. Ala. 2011) (Plea Agreement). Id. at 4. Id.; Justice News, Dep't of Justice, Montgomery Man Pleads Guilty to Stealing $892,000 from Schools in 13 States, Sept. 29, 2011, http://www.justice.gov/usao/alm/press/current_press/2011_09_29_slaughter .pdf (Press Release). Plea Agreement at 4-5. Id. Id. See Appendix. Judgment at 2-3. Id. at 5. 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A5.txt
  • the event the particular location where the service was originally received was permanently or temporarily closed; notified USAC of any such allowable transfer; and maintained, as did the recipient, detailed records documenting the transfer and the reason for the transfer for a period of five years (Section 54.504 (b) (2) (iii) which was effective as of July 17, 1997 and 54.513 (c) which was effective March 11, 2004) paid all ``non-discount'' portions of requested goods and/or services (Section 54.504 (b) (2) (v) which was effective as of July 17, 1997) allocated the costs of any contract that included both eligible and ineligible components to those eligible and ineligible components in the related request for discount (Section 54.504, which was effective as
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-323A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-323A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-323A1.txt
  • herein has been analyzed with respect to the Paperwork Reduction Act of 1995 (PRA) and found to impose new or modified reporting and/or recordkeeping requirements or burdens on the public. Implementation of these new or modified reporting and/or recordkeeping requirements will be subject to approval by the Office of Management and Budget (OMB) as prescribed by the PRA. Specifically, section 54.513(c) will go into effect upon announcement in the Federal Register of OMB approval, to the extent OMB approval is required. Final Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the Schools and Libraries NPRM. The Commission sought written public comment on the proposals in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-178A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-178A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-178A1.txt
  • the applicant's service provider is unable to complete implementation for ``reasons beyond the service provider's control.'' 47 C.F.R. § 54.507(d)(3). In addition, eligible services and equipment components of eligible services may be transferred to another eligible school or library in the event that the particular location where the service originally was received is permanently or temporarily closed. 47 C.F.R. § 54.513(c). 47 C.F.R. § 54.507(c). Id. Id. See Request for Review of the Decision of the Universal Service Administrator, Ysleta Independent School District, El Paso, TX, CC Docket Nos. 96-45, 97-21, Order, 18 FCC Rcd 26406, 26436, para. 66 (2003) (re-opening filing window for Funding Year 2002 in order to permit Ysleta, and similarly situated applicants in the caption who appealed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.txt
  • not interfering with the primary purpose of the E-rate program to enhance education). 78 See SECA E-rate Community Use NPRM Reply Comments at 1-2 (suggesting schools use less formal and more effective ways to inform the public, such as school Web sites, local papers, school newsletters and school community associations). 79 47 U.S.C. § 254(h)(3) (except as allowed by section 54.513 of the Commission's rules); see also 47 C.F.R. §§ 54.504(b)(2)(v); 54.504(c)(1)(vii) (2009). 80 See Universal Service First Report and Order, 12 FCC Rcd at 9074, para. 567; 47 C.F.R. § 54.513(b). 81 See Universal Service First Report and Order, 12 FCC Rcd at 9074, para. 567; 47 C.F.R. § 54.513(b). 82 See MDTC E-rate Community Use NPRM Comments at 6
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-27A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-27A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-27A1.txt
  • year 2005 FCC Form 471 applications to account for the unexpected population increases. Id. Id. at 16904, para. 39. Id. For example, eligible services and equipment components of eligible services may be transferred to another eligible school or library in the event that the particular location where the service originally was received is permanently or temporarily closed. 47 C.F.R. § 54.513(c). Hurricane Katrina Order, 20 FCC Rcd at 16904, para. 39. (last visited Feb. 2, 2010) (NOPS History). (last visited Feb. 2, 2010) (RSD FAQs); 2003 La. Act 9 (legislation establishing the RSD). ee NOPS History. See Requests for Waivers. Additionally, nothing in this order is intended: (1) to authorize or require payment of any claim that previously may have been
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-83A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-83A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-83A1.txt
  • proportion to the E-rate support received for the initial purchase (E-Rate Central suggested a definition of de minimis as any value that would result in the return of funds to USAC of $1,000 or less); and (5) a record of the disposal must be maintained in compliance with the existing E-rate record retention rules. Discussion We propose to amend section 54.513 of our rules establishing how participants in the E-rate program may dispose of obsolete equipment purchased with E-rate discounts. We also propose revising an FCC form to report such equipment disposals to USAC. The changes we propose seek to balance the competing concerns of providing schools and libraries the flexibility to dispose of obsolete equipment and the need to guard
• http://transition.fcc.gov/eb/Orders/2012/DA-12-733A1.html
  • para. 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). In the Matter of NEC-Business Network Solutions, Inc., Notice of Debarment and Order Denying Waiver Petition, 21 FCC Rcd 7491, 7493, para. 7 (2006). 47 C.F.R. S: 54.501. Id. S: 54.513(a). United States v. Jonathan Slaughter, Case No. 2:11cr162-MEF-01, Plea Agreement at 3-4 (M.D. Ala. 2011) (Plea Agreement). Id. at 4. Id.; Justice News, Dep't of Justice, Montgomery Man Pleads Guilty to Stealing $892,000 from Schools in 13 States, Sept. 29, 2011, http://www.justice.gov/usao/alm/press/current_press/2011_09_29_slaughter.pdf (Press Release). Plea Agreement at 4-5. Id. Id. See Appendix. Judgment at 2-3. Id. at 5. 47 C.F.R.
• http://www.fcc.gov/eb/Orders/2012/DA-12-733A1.html
  • para. 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). In the Matter of NEC-Business Network Solutions, Inc., Notice of Debarment and Order Denying Waiver Petition, 21 FCC Rcd 7491, 7493, para. 7 (2006). 47 C.F.R. S: 54.501. Id. S: 54.513(a). United States v. Jonathan Slaughter, Case No. 2:11cr162-MEF-01, Plea Agreement at 3-4 (M.D. Ala. 2011) (Plea Agreement). Id. at 4. Id.; Justice News, Dep't of Justice, Montgomery Man Pleads Guilty to Stealing $892,000 from Schools in 13 States, Sept. 29, 2011, http://www.justice.gov/usao/alm/press/current_press/2011_09_29_slaughter.pdf (Press Release). Plea Agreement at 4-5. Id. Id. See Appendix. Judgment at 2-3. Id. at 5. 47 C.F.R.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-733A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-733A1.pdf
  • para. 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. § 54.8(a)(6). In the Matter of NEC-Business Network Solutions, Inc., Notice of Debarment and Order Denying Waiver Petition, 21 FCC Rcd 7491, 7493, para. 7 (2006). 47 C.F.R. § 54.501. Id. § 54.513(a). United States v. Jonathan Slaughter, Case No. 2:11cr162-MEF-01, Plea Agreement at 3-4 (M.D. Ala. 2011) (Plea Agreement). Id. at 4. Id.; Justice News, Dep't of Justice, Montgomery Man Pleads Guilty to Stealing $892,000 from Schools in 13 States, Sept. 29, 2011, http://www.justice.gov/usao/alm/press/current_press/2011_09_29_slaughter .pdf (Press Release). Plea Agreement at 4-5. Id. Id. See Appendix. Judgment at 2-3. Id. at 5. 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2667A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2667A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2667A1.txt
  • find that Nextel has met the appropriate certification filing deadline in order for it to begin receiving support as of its ETC designation date. Accordingly, we treat Nextel's certifications as timely so that it can begin receiving universal service support as of the date of its ETC designation. Separate and in addition to its annual certification filing under rule sections 54.513 and 54.314, Nextel has committed to submit records and documentation on an annual basis detailing: (1) its progress towards meeting its build-out plans; (2) the number of complaints per 1,000 handsets; and (3) information detailing how many requests for service from potential customers were unfulfilled for the past year. We require Nextel to submit these additional data to the Commission
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2371A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2371A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2371A1.txt
  • 02-6, E-Rate Central Petition for the Clarification or Waiver of E-Rate Rules Concerning the Disposal of Equipment Purchased Under the Schools and Libraries Universal Support Mechanism (filed Sept. 13, 2006) (``E-Rate Central Petition''). E-Rate Central is an independent firm that specializes in providing consulting, compliance, and forms processing services to E-rate applicants and service providers. See also 47 C.F.R. § 54.513(a) (``Eligible services purchased at a discount under this subpart shall not be sold, resold, or transferred in consideration of money or any other thing of value.''); 47 C.F.R. § 54.513(c) (``Eligible services and equipment components of eligible services purchased at a discount under this subpart shall not be transferred, with or without consideration of money or any other thing of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.txt
  • and libraries receive discounts for eligible telecommunications services, Internet access, and internal connections. Legal Basis: 47 U.S.C. 254(h)(1)(B). Section Numbers and Titles: 54.500 Terms and definitions. 54.501 Eligibility for services provided by telecommunications carriers. 54.502 Supported telecommunications services. 54.503 Other supported special services. 54.504 Requests for services. 54.505 Discounts. 54.507 Cap. 54.509 Adjustments to the discount matrix. 54.511 Ordering services. 54.513 Resale and transfer of services. 54.515 Distributing support. 54.516 Auditing. 54.517 Services provided by non-telecommunications carriers. SUBPART G-UNIVERSAL SERVICE SUPPORT FOR HEALTH CARE PROVIDERS Brief Description: These rules specify the requirements for participation in the Rural Health Program of the Universal Service support mechanism. The rules establish the requirements for eligible health care providers, and the services eligible for discounted
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-86A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-86A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-86A1.txt
  • for an entity. 54.507(g) stating the rules of priority. 4th R & O, 19 FCC Rcd 15252, ¶15, stating that the service provider is likely to be the responsible party if it delivers services that were not approved for funding under the Form 471. Recover. 5. Equipment transferred prior to 3 years after purchase or prior to closure of entity. 54.513(c), prohibiting the transfer of equipment for 3 years, with certain exceptions. Recover. 6. No signed contract (2004 and beyond). No legally binding agreement (2003 and before). 5th R & O, 19 FCC Rcd 15808, ¶ 48, stating that for recordkeeping purposes, applicants and service providers should keep ``executed contracts, signed and dated by both parties.'' Do not recover if there
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1248A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1248A4.pdf
  • this application have complied with them. 29 I certify that the services the applicant purchases at discounts provided by 47 U.S.C. § 254 will be used solely for educational purposes and will not be sold, resold or transferred in consideration for money or any other thing of value, except as permitted by the Commission's rules at 47 C.F.R. §§ 54.500(b), 54.513. Additionally, I certify that the entity or entities listed on this application have not received anything of value or a promise of anything of value, other than services and equipment sought by means of this form, from the service provider, or any representative or agent thereof or any consultant in connection with this request for services. 30 I certify that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1997A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1997A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1997A1.txt
  • ARE GRANTED and their applications ARE REMANDED to USAC for further consideration consistent with this order to the extent provided herein. 6. IT IS FURTHER ORDERED, pursuant to section 1.102(b)(1) of the Commission's rules, 47 C.F.R. § 1.102(b)(1), that this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief Wireline Competition Bureau 47 C.F.R. § 54.513(c). The Commission's rules provide that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c); Letter from Ivan Randolph, Superintendent, Abbeville County School District, to Marlene Dortch, Secretary, Federal Communications Commission, CC Docket Nos. 02-6, 96-45 (filed May 11, 2010) (Abbeville Request; Letter from Tom Traywick, Senior Compliance
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2218A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2218A2.txt
  • in the schools and libraries program. 20 I certify that the services the applicant purchases at discounts provided by 47 U.S.C. § 254 will be used primarily for educational purposes and will not be sold, resold or transferred in consideration for money or any other thing of value, except as permitted by the Commission's rules at 47 C.F.R. §§ 54.500, 54.513. Additionally, I certify that the entity or entities listed on this form have not received anything of value or a promise of anything of value, other than services and equipment sought by means of this form, from the service provider, or any representative or agent thereof or any consultant in connection with this request for services. 21 I acknowledge that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2218A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2218A4.txt
  • this application have complied with them. 29 I certify that the services the applicant purchases at discounts provided by 47 U.S.C. § 254 will be used primarily for educational purposes and will not be sold, resold or transferred in consideration for money or any other thing of value, except as permitted by the Commission's rules at 47 C.F.R. §§ 54.500, 54.513. Additionally, I certify that the entity or entities listed on this application have not received anything of value or a promise of anything of value, other than services and equipment sought by means of this form, from the service provider, or any representative or agent thereof or any consultant in connection with this request for services. 30 I certify that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-87A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-87A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-87A1.txt
  • Sept. 5, 2003) (Lenoir Request for Waiver). The petitioners did not cite to any specific Commission rule in their requests for waiver. See Camden Request for Waiver; Greenville Request for Waiver; Lenoir Request for Waiver. Abbeville County School District, et al, File No. SLD-570660, et al, CC Docket No. 02-6, Order, DA 10-1997 (released Oct. 18, 2010); 47 C.F.R. § 54.513(c); Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912, 26923, para. 26 (2003). Although these requests for waiver were submitted prior to the adoption of 47 C.F.R. § 54.513(c) (permitting transfers of eligible services and equipment to other eligible entities in the event
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-733A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-733A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-733A1.txt
  • para. 32. The Commission's debarment rules define a ``person'' as ``[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized.'' 47 C.F.R. § 54.8(a)(6). In the Matter of NEC-Business Network Solutions, Inc., Notice of Debarment and Order Denying Waiver Petition, 21 FCC Rcd 7491, 7493, para. 7 (2006). 47 C.F.R. § 54.501. Id. § 54.513(a). United States v. Jonathan Slaughter, Case No. 2:11cr162-MEF-01, Plea Agreement at 3-4 (M.D. Ala. 2011) (Plea Agreement). Id. at 4. Id.; Justice News, Dep't of Justice, Montgomery Man Pleads Guilty to Stealing $892,000 from Schools in 13 States, Sept. 29, 2011, http://www.justice.gov/usao/alm/press/current_press/2011_09_29_slaughter .pdf (Press Release). Plea Agreement at 4-5. Id. Id. See Appendix. Judgment at 2-3. Id. at 5. 47
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  • the event the particular location where the service was originally received was permanently or temporarily closed; notified USAC of any such allowable transfer; and maintained, as did the recipient, detailed records documenting the transfer and the reason for the transfer for a period of five years (Section 54.504 (b) (2) (iii) which was effective as of July 17, 1997 and 54.513 (c) which was effective March 11, 2004) paid all ``non-discount'' portions of requested goods and/or services (Section 54.504 (b) (2) (v) which was effective as of July 17, 1997) allocated the costs of any contract that included both eligible and ineligible components to those eligible and ineligible components in the related request for discount (Section 54.504, which was effective as
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  • herein has been analyzed with respect to the Paperwork Reduction Act of 1995 (PRA) and found to impose new or modified reporting and/or recordkeeping requirements or burdens on the public. Implementation of these new or modified reporting and/or recordkeeping requirements will be subject to approval by the Office of Management and Budget (OMB) as prescribed by the PRA. Specifically, section 54.513(c) will go into effect upon announcement in the Federal Register of OMB approval, to the extent OMB approval is required. Final Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the Schools and Libraries NPRM. The Commission sought written public comment on the proposals in
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  • the applicant's service provider is unable to complete implementation for ``reasons beyond the service provider's control.'' 47 C.F.R. § 54.507(d)(3). In addition, eligible services and equipment components of eligible services may be transferred to another eligible school or library in the event that the particular location where the service originally was received is permanently or temporarily closed. 47 C.F.R. § 54.513(c). 47 C.F.R. § 54.507(c). Id. Id. See Request for Review of the Decision of the Universal Service Administrator, Ysleta Independent School District, El Paso, TX, CC Docket Nos. 96-45, 97-21, Order, 18 FCC Rcd 26406, 26436, para. 66 (2003) (re-opening filing window for Funding Year 2002 in order to permit Ysleta, and similarly situated applicants in the caption who appealed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.txt
  • not interfering with the primary purpose of the E-rate program to enhance education). 78 See SECA E-rate Community Use NPRM Reply Comments at 1-2 (suggesting schools use less formal and more effective ways to inform the public, such as school Web sites, local papers, school newsletters and school community associations). 79 47 U.S.C. § 254(h)(3) (except as allowed by section 54.513 of the Commission's rules); see also 47 C.F.R. §§ 54.504(b)(2)(v); 54.504(c)(1)(vii) (2009). 80 See Universal Service First Report and Order, 12 FCC Rcd at 9074, para. 567; 47 C.F.R. § 54.513(b). 81 See Universal Service First Report and Order, 12 FCC Rcd at 9074, para. 567; 47 C.F.R. § 54.513(b). 82 See MDTC E-rate Community Use NPRM Comments at 6
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  • year 2005 FCC Form 471 applications to account for the unexpected population increases. Id. Id. at 16904, para. 39. Id. For example, eligible services and equipment components of eligible services may be transferred to another eligible school or library in the event that the particular location where the service originally was received is permanently or temporarily closed. 47 C.F.R. § 54.513(c). Hurricane Katrina Order, 20 FCC Rcd at 16904, para. 39. (last visited Feb. 2, 2010) (NOPS History). (last visited Feb. 2, 2010) (RSD FAQs); 2003 La. Act 9 (legislation establishing the RSD). ee NOPS History. See Requests for Waivers. Additionally, nothing in this order is intended: (1) to authorize or require payment of any claim that previously may have been
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  • proportion to the E-rate support received for the initial purchase (E-Rate Central suggested a definition of de minimis as any value that would result in the return of funds to USAC of $1,000 or less); and (5) a record of the disposal must be maintained in compliance with the existing E-rate record retention rules. Discussion We propose to amend section 54.513 of our rules establishing how participants in the E-rate program may dispose of obsolete equipment purchased with E-rate discounts. We also propose revising an FCC form to report such equipment disposals to USAC. The changes we propose seek to balance the competing concerns of providing schools and libraries the flexibility to dispose of obsolete equipment and the need to guard
• http://transition.fcc.gov/eb/Orders/2012/DA-12-733A1.html
  • para. 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). In the Matter of NEC-Business Network Solutions, Inc., Notice of Debarment and Order Denying Waiver Petition, 21 FCC Rcd 7491, 7493, para. 7 (2006). 47 C.F.R. S: 54.501. Id. S: 54.513(a). United States v. Jonathan Slaughter, Case No. 2:11cr162-MEF-01, Plea Agreement at 3-4 (M.D. Ala. 2011) (Plea Agreement). Id. at 4. Id.; Justice News, Dep't of Justice, Montgomery Man Pleads Guilty to Stealing $892,000 from Schools in 13 States, Sept. 29, 2011, http://www.justice.gov/usao/alm/press/current_press/2011_09_29_slaughter.pdf (Press Release). Plea Agreement at 4-5. Id. Id. See Appendix. Judgment at 2-3. Id. at 5. 47 C.F.R.
• http://www.fcc.gov/eb/Orders/2012/DA-12-733A1.html
  • para. 32. The Commission's debarment rules define a "person" as "[a]ny individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized." 47 C.F.R. S: 54.8(a)(6). In the Matter of NEC-Business Network Solutions, Inc., Notice of Debarment and Order Denying Waiver Petition, 21 FCC Rcd 7491, 7493, para. 7 (2006). 47 C.F.R. S: 54.501. Id. S: 54.513(a). United States v. Jonathan Slaughter, Case No. 2:11cr162-MEF-01, Plea Agreement at 3-4 (M.D. Ala. 2011) (Plea Agreement). Id. at 4. Id.; Justice News, Dep't of Justice, Montgomery Man Pleads Guilty to Stealing $892,000 from Schools in 13 States, Sept. 29, 2011, http://www.justice.gov/usao/alm/press/current_press/2011_09_29_slaughter.pdf (Press Release). Plea Agreement at 4-5. Id. Id. See Appendix. Judgment at 2-3. Id. at 5. 47 C.F.R.