FCC Web Documents citing 54.707

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

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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ª Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service GatewayUSA Holding Company Inc., Cosmos Telecom Marketing, Inc., and Sitel, Inc. Petition for Partial Waiver or, Alternatively, Clarification of Section 54.703 of the Commission's Rules Inteleca Communications Corporation Petition for Waiver of Rules 54.705, 54.707, 54.709, 54.711, and 54.713 Microdevices Worldwide Inc. Petition for Partial Waiver or, in the Alternative, Clarification of Universal Service Contribution Requirements Contained in Section 54.703 of the Commission's Rules Minimum Rate Pricing, Inc. Petition for Partial Waiver of the Universal Service Contribution Requirements Under Sections 54.703, 54.709 and 54.711 of the Commission's Rules RealWorld Advanced Technology Inc. Petition for Waiver
• 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
  • regarding contributions and contributor reporting requirements. Need: In implementing statutory requirements for the Universal Service support mechanism, these rules provide the framework and requirements for the administration of the program. Legal Basis: 47 U.S.C. 254. Section Numbers and Titles: 54.701 Administrator of universal service support mechanisms. 54.703 The Administrator's Board of Directors. 54.705 Committees of the Administrator's Board of Directors. 54.707 Audit controls. 54.709 Computations of required contributions to universal service support mechanisms. 54.711 Contributor reporting requirements. Contributor's failure to report or to contribute. PART 59-INFRASTRUCTURE SHARING Brief Description: These rules specify the general duty of incumbent LECs to provide to certain qualifying LECs (i.e., carriers that fulfill universal service obligations) access to public switched network infrastructure, technology, information, and telecommunications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1082A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1082A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1082A1.txt
  • process replaces the guidance letter previously sent to USAC on January 21, 2011. See Letter from Sharon E. Gillett, Chief, Wireline Competition Bureau, Federal Communications Commission, to Richard Belden, Chief Operating Officer, Universal Service Administrative Company (USAC), WC Docket No. 03-109, DA 11-110 (Wireline Comp. Bur. Jan. 21, 2011). See generally 2011 Lifeline and Link Up NPRM. 47 C.F.R. § 54.707. Lifeline and Link Up Reform and Modernization; Federal-State Joint Board on Universal Service; Lifeline and Link Up; WC Docket Nos. 11-42, 03-109, CC Docket No. 96-45, Order, FCC 11-97 (rel. June 21, 2011) (2011 Lifeline Duplicative Program Payments Order). See Letter from United States Telecom Association, et. al. to Marlene Dortch, Secretary, Federal Communications Commission, Ex Parte, WC Docket No.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-752A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-752A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-752A1.txt
  • reassessment of Clear World's contribution obligation took into consideration Clear World's bad debt, but did not allow a deduction for amounts paid by Clear World to its billing company. Id. Clear World Request for Review at 1-4, 26 (arguing that USAC waived its right to conduct a second audit following an initial, but uncompleted, audit by KPMG). 47 C.F.R. §§ 54.707, 54.711 (a). See 2002 Universal Service Contribution Methodology Order, 17 FCC Rcd at 24978, para. 51 (stating that ``[t]o the extent that a carrier recovers its contribution cost through a line item, that line item may not exceed the relevant assessment rate''). Id. at 24975, para. 42. USAC Audit at 11. Clear World Request for Review at 22-24; see Clear
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  • (e); MAG Order, 16 FCC Rcd at 19615-16, para. 1. MAG Order, 16 FCC Rcd at 19617, para. 3 Id. Id. at 19664, para. 120. Id. at 19643-44, para. 63, 19664, para. 120. Id. at 19678-79, paras. 151-54. Id. at 19680-81, para. 158. Id. 47 C.F.R. § 54.702(a); MAG Order, 16 FCC Rcd at 19681, para. 159. 47 C.F.R. § 54.707; MAG Order, 16 FCC Rcd at 19682, para. 162. MAG Order, 16 FCC Rcd at 19682, para. 162. 47 C.F.R. § 54.707; MAG Order, 16 FCC Rcd at 19682, para. 162. 54 C.F.R. § 54.903(a). MAG Order, 16 FCC Rcd at 19681, para. 160. Id. Id. at 19682 n. 428. NECA already collects similar data as administrator of the pool
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  • of actual data by creating multiple overlapping periods rather than a single annual period. Moreover, rolling true-ups introduce substantial complications to the true-up process. Joint Petition for Reconsideration., Attachment at 2. Id., Attachment at 2. Id., Attachment at 3 n.5. NECA March 1 ex parte letter. See MAG Order, 16 FCC Rcd at 19681 paras. 159-60; 47 C.F.R. §§ 54.702(h), 54.707. In subsequent ex parte filings, NECA also requested that the Commission make NECA, rather than USAC, responsible for collecting ICLS data from members of the common line pool. NECA August 1 ex parte letter. We believe that the rules appropriately make USAC, the ICLS administrator, responsible for ICLS data collection. We also believe that carriers' ability to rely on NECA
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  • 104-106; Reports Consolidation Act of 2000, Public Law No. 106-531; Accountability of Tax Dollars Act of 2002, Public Law No. 107-289; and Improper Payments Information Act of 2002, Public Law No. 107-300. See Section 803 of the FFMIA, reprinted at 31 U.S.C. § 3512 note (1996) (Federal Financial Management Improvement). OMB Bulletin at 3. 47 C.F.R. §§ 54.516, 54.619, 54.705(c)(iv), 54.707 and 64.604(c)(iii)(C). 47 C.F.R. § 54.717. See Debt Collection Improvement Act of 1996, Public Law No. 104-134, and Federal Financial Management Improvement Act of 1996, Public Law No. 104-208. 5 U.S.C. § 553(b)(3)(B). 5 U.S.C. § 553(b)(3)(A). See 5 U.S.C. § 801(a)(1)(A). See 5 U.S.C. § 604(b). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-232 Federal Communications Commission
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  • we could sunset any measures automatically after a three-year period or we could review any independent audit requirement after a specific period of time. Contributor Audits. In addition to considering whether we should require audits of USF program beneficiaries, we seek comment on whether our rules should require independent audits of contributors to the universal service fund. Pursuant to section 54.707 of the Commission's rules, USAC has the authority to audit contributors and carriers reporting data. In addition to such audits, our Enforcement Bureau regularly investigates contributor filings to ensure compliance with our rules. In addition to these existing procedures, we seek comment on whether we should establish an independent audit program for contributors modeled on the Single Audit Act or
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  • efforts. This action does not modify or otherwise permit these carriers to use high-cost support disbursed to one state to meet the needs in another state. We find that the damage inflicted by Hurricane Katrina is sufficient for a deviation from our general rule. We note that a signed letter containing this certification will suffice. See, e.g., 47 C.F.R. § 54.707(a) (stating that carriers' ``support for providing Lifeline shall be provided directly . . . based on the number of qualifying low-income consumers [a carrier services], under administrative procedures determined by the Administrator.''). As noted above, we expect the Administrator will conduct audits or other reviews of beneficiaries and service providers obtaining a significant amount of this temporary support. Improperly used
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-91A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-91A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-91A1.txt
  • Order, 19 FCC Rcd 15252 (2004) (``Fourth Report and Order''); Schools and Libraries Universal Service Support Mechanism, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912 (2003) (``Third Report and Order''); Schools and Libraries Universal Service Support Mechanism, Second Report and Order, 18 FCC Rcd 9202 (2003) (``Second Report and Order''). 47 C.F.R. § 54.707. 47 C.F.R. § 54.717. See Third Report and Order, 18 FCC Rcd at 26944-52, ¶¶ 78-85; Fourth Report and Order, 19 FCC Rcd at 15255-59, ¶¶ 10-22. See Fifth Report and Order, 19 FCC Rcd at 15830-32, ¶¶ 64-71. In appropriate cases, we may also initiate forfeiture proceedings against those responsible for misconduct pursuant to section 503(b) of the Act.
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  • to clarify that this practice must be implemented in accord with the American Rule described herein. See USAC Comments at 71. Schools and Libraries Fifth Report and Order, 19 FCC Rcd at 15813, ¶ 13. See also GAO 2005 E-Rate Report at 31. Schools and Libraries Fifth Report and Order, 19 FCC Rcd at 15813, ¶ 13. 47 C.F.R. § 54.707 (``the Administrator shall have the authority to audit contributors and carriers . . . .'') In addition, the USF Administrator is audited annually. See 47 C.F.R. § 54.717. 47 C.F.R. § 54.516. KPMG LLP recently completed its last round of one hundred schools and libraries audits, under the OIG's oversight. Over $11 million in improper payments were identified and USAC
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  • and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003). See Comprehensive Review of the Universal Service Fund Management, Administration, and Oversight, WC Docket No. 05-195, Report and Order, 22 FCC Rcd 16,372, 16,383-85 ¶¶ 22-27 (2007) (Universal Service Fund Oversight Order). 47 C.F.R. § 54.707. 47 C.F.R. § 54.702(n). . Universal Service Fund Oversight Order, 22 FCC Rcd at 16,387 ¶ 32. See 47 C.F.R. § 54.8. See 47 C.F.R. § 54.202(e) (``All eligible telecommunications carriers shall retain all records required to demonstrate to auditors that the support received was consistent with the universal service high-cost program rules. . . .This documentation must be maintained
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  • risk elements, size of disbursement, audit timing and other specific factors; (3) keep costs reasonable in relation to overall program disbursements, amount disbursed to beneficiary being audited, and USF administrative costs; (4) spread audits throughout the year; and (5) retain capacity and capability for targeted and risk-based audits. See Feb. 12, 2010 USAC Letter at 2, 4. 47 C.F.R. § 54.707. 47 C.F.R. § 54.702(n). In addition, the Commission's OIG has conducted audits of USF program beneficiaries. See Office of Inspector General, Semiannual Report to Congress, October 1, 2009 through March 31, 2010, at 17-20. In a February 12, 2010, letter to USAC, OMD directed USAC to separate its two audit objectives into distinct programs - one focused on Improper Payments
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  • Independent Telephone and Telecommunications Alliance, National Telecommunications Cooperative Association, Organization for the Promotion and Advancement of Small Telecommunications Companies, Rural Cellular Association, AT&T, Western Telecommunications Alliance, CenturyLink, Qwest, Tracfone Wireless, Inc, Windstream Communications, Inc and Verizon to Marlene H. Dortch, Secretary, Federal Communications Commission, WC Docket No. 03-109 (February 15, 2011) (ETC Duplicate Letter). Id. Id. Id. 47 C.F.R. § 54.707. See, e.g., City of Cambridge TracFone One-Per-Household Clarification Comments at 2; NNEDV TracFone One-Per-Household Clarification Reply Comments at 2; SBI TracFone One-Per-Household Clarification Comments at 4-5; POTS TracFone One-Per-Household Clarification Comments at 2. See infra paras. 119-20 (application of the One-Per-Residence Rule in Tribal Communities). See, e.g., 47 C.F.R. § 54.405(c). . . See Qwest Communications Reply Comments, WC Docket
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  • Immediate adoption of a rule requiring documentation of program-based eligibility will enable the Commission to realize cost savings in the near term, which can in turn be used to, among other things, fund efforts to modernize the Lifeline program. See supra para. 102 (noting that up to an estimated 15 percent of Lifeline subscribers could be ineligible). 47 C.F.R. § 54.707. See 47 U.S.C. § 254(b); see also FCC Enforcement Advisory: Eligible Telecommunications Carriers Offering Lifeline Service Are Reminded of Their Obligation to Confirm Consumers' Eligibility and to Avoid Providing Duplicative Service, Enforcement Advisory, DA 11-1971 (Enforc. Bur. Dec. 5, 2011) (Lifeline Enforcement Advisory). . 47 U.S.C. § 503(b)(2)(B); 47 C.F.R. § 1.80(b)(2). We note that these penalties are periodically adjusted
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  • 47 C.F.R. § 54.702(b); 47 C.F.R. § 54.709(a). See USAC Form 499 Filing Schedule. See Federal-State Joint Board on Universal Service et al., CC Docket No. 96-45 et al., Order, 20 FCC Rcd 1012, 1013, para. 2 (Wireline Comp. Bur. 2004), applications for review pending (One-Year Deadline Order). 47 C.F.R. § 54.706(e). 47 C.F.R. § 54.711(a). Id. 47 C.F.R. § 54.707. See Universal Service Administrative Company, Program Integrity: Audits & Assessments, available at http://www.usac.org/cont/about/program-integrity/audits.aspx (last visited Apr. 17, 2012). Contributors that disagree with USAC audits findings may seek review by the Commission. See 47 C.F.R. § 54.722. 47 C.F.R. § 54.708. 47 C.F.R. § 54.709(d). 47 C.F.R. § 54.713(a). 47 C.F.R. § 54.713(c). 47 U.S.C. § 503. See Federal Communications Commission,
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.pdf
  • service de minimis threshold must file this worksheet. 3 Proposed Instructions to the Telecommunications Reporting Worksheet, Form 499 Telecommunications service providers must contribute to several support and cost recovery mechanisms established by the FCC. 47 C.F.R. § 52.17 mandates that all telecommunications carriers contribute to meet the costs of administering the North American Numbering Plan (NANP). 47 C.F.R §§ 54.705, 54.707, 54.709, 54.711, and 54.713 require most telecommunications service providers to contribute to the universal service support mechanisms. 47 C.F.R. § 52.32 mandates that shared costs of long-term local number portability administration (LNPA) in a region shall be recovered from carriers providing telecommunications service in that region. 47 C.F.R. § 64.604 requires that all carriers providing interstate telecommunications services contribute to
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.wp
  • expertise in matters affecting the administration of the high cost and low-income support mechanisms. These board members do not represent entities that are eligible Federal Communications Commission FCC 97-253 We note that cable operators, in their capacity as telecommunications providers, will be represented on the 138 High Cost and Low Income Committee by the CLEC representative. See 47 C.F.R. § 54.707. 139 30 to receive universal service support from the high cost and low-income universal service support mechanisms and that directly benefit from these programs. In addition, including on the 138 Committee only those USAC Board members with expertise in issues relating to the universal service support mechanisms for high cost areas and low-income consumers will relieve the remaining USAC Board
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-91A1.html
  • Order, 19 FCC Rcd 15252 (2004) ("Fourth Report and Order"); Schools and Libraries Universal Service Support Mechanism, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912 (2003) ("Third Report and Order"); Schools and Libraries Universal Service Support Mechanism, Second Report and Order, 18 FCC Rcd 9202 (2003) ("Second Report and Order"). 47 C.F.R. S 54.707. 47 C.F.R. S 54.717. See Third Report and Order, 18 FCC Rcd at 26944-52, PP 78-85; Fourth Report and Order, 19 FCC Rcd at 15255-59, PP 10-22. See Fifth Report and Order, 19 FCC Rcd at 15830-32, PP 64-71. In appropriate cases, we may also initiate forfeiture proceedings against those responsible for misconduct pursuant to section 503(b) of the Act.
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.wp
  • service de minimis threshold must file this worksheet. 3 Proposed Instructions to the Telecommunications Reporting Worksheet, Form 499 Telecommunications service providers must contribute to several support and cost recovery mechanisms established by the FCC. 47 C.F.R. § 52.17 mandates that all telecommunications carriers contribute to meet the costs of administering the North American Numbering Plan (NANP). 47 C.F.R §§ 54.705, 54.707, 54.709, 54.711, and 54.713 require most telecommunications service providers to contribute to the universal service support mechanisms. 47 C.F.R. § 52.32 mandates that shared costs of long-term local number portability administration (LNPA) in a region shall be recovered from carriers providing telecommunications service in that region. 47 C.F.R. § 64.604 requires that all carriers providing interstate telecommunications services contribute to
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.wp
  • expertise in matters affecting the administration of the high cost and low-income support mechanisms. These board members do not represent entities that are eligible Federal Communications Commission FCC 97-253 We note that cable operators, in their capacity as telecommunications providers, will be represented on the 138 High Cost and Low Income Committee by the CLEC representative. See 47 C.F.R. § 54.707. 139 30 to receive universal service support from the high cost and low-income universal service support mechanisms and that directly benefit from these programs. In addition, including on the 138 Committee only those USAC Board members with expertise in issues relating to the universal service support mechanisms for high cost areas and low-income consumers will relieve the remaining USAC Board
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981872.pdf
  • directed all interstate telecommunications carriers, payphone providers, and others which provide interstate telecommunications service for a fee to contribute to the Universal Service Funds.1 Carriers that provide only international telecommunications service are not required to contribute to the universal service support mechanisms. By letter dated July 23, 1998, RealWorld Advanced Technology Inc. (RealWorld) requested that the Commission waive sections 54.705, 54.707, 54.709, 54.711, and 2 See 47 C.F.R. §§ 54.705, 54.707, 54.709, 54.711, and 54.713. 2 54.713 of the Commission's rules.2 RealWorld is a reseller of international telecommunications service. RealWorld states that more than 99 percent of its calls originate and terminate abroad, and the remainder terminate in the United States. RealWorld seeks waiver of the rules in order to contribute
• http://www.fcc.gov/eb/Orders/2006/FCC-06-91A1.html
  • Order, 19 FCC Rcd 15252 (2004) ("Fourth Report and Order"); Schools and Libraries Universal Service Support Mechanism, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912 (2003) ("Third Report and Order"); Schools and Libraries Universal Service Support Mechanism, Second Report and Order, 18 FCC Rcd 9202 (2003) ("Second Report and Order"). 47 C.F.R. S 54.707. 47 C.F.R. S 54.717. See Third Report and Order, 18 FCC Rcd at 26944-52, PP 78-85; Fourth Report and Order, 19 FCC Rcd at 15255-59, PP 10-22. See Fifth Report and Order, 19 FCC Rcd at 15830-32, PP 64-71. In appropriate cases, we may also initiate forfeiture proceedings against those responsible for misconduct pursuant to section 503(b) of the Act.
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ª Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service GatewayUSA Holding Company Inc., Cosmos Telecom Marketing, Inc., and Sitel, Inc. Petition for Partial Waiver or, Alternatively, Clarification of Section 54.703 of the Commission's Rules Inteleca Communications Corporation Petition for Waiver of Rules 54.705, 54.707, 54.709, 54.711, and 54.713 Microdevices Worldwide Inc. Petition for Partial Waiver or, in the Alternative, Clarification of Universal Service Contribution Requirements Contained in Section 54.703 of the Commission's Rules Minimum Rate Pricing, Inc. Petition for Partial Waiver of the Universal Service Contribution Requirements Under Sections 54.703, 54.709 and 54.711 of the Commission's Rules RealWorld Advanced Technology Inc. Petition for Waiver
• 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
  • regarding contributions and contributor reporting requirements. Need: In implementing statutory requirements for the Universal Service support mechanism, these rules provide the framework and requirements for the administration of the program. Legal Basis: 47 U.S.C. 254. Section Numbers and Titles: 54.701 Administrator of universal service support mechanisms. 54.703 The Administrator's Board of Directors. 54.705 Committees of the Administrator's Board of Directors. 54.707 Audit controls. 54.709 Computations of required contributions to universal service support mechanisms. 54.711 Contributor reporting requirements. Contributor's failure to report or to contribute. PART 59-INFRASTRUCTURE SHARING Brief Description: These rules specify the general duty of incumbent LECs to provide to certain qualifying LECs (i.e., carriers that fulfill universal service obligations) access to public switched network infrastructure, technology, information, and telecommunications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1082A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1082A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1082A1.txt
  • process replaces the guidance letter previously sent to USAC on January 21, 2011. See Letter from Sharon E. Gillett, Chief, Wireline Competition Bureau, Federal Communications Commission, to Richard Belden, Chief Operating Officer, Universal Service Administrative Company (USAC), WC Docket No. 03-109, DA 11-110 (Wireline Comp. Bur. Jan. 21, 2011). See generally 2011 Lifeline and Link Up NPRM. 47 C.F.R. § 54.707. Lifeline and Link Up Reform and Modernization; Federal-State Joint Board on Universal Service; Lifeline and Link Up; WC Docket Nos. 11-42, 03-109, CC Docket No. 96-45, Order, FCC 11-97 (rel. June 21, 2011) (2011 Lifeline Duplicative Program Payments Order). See Letter from United States Telecom Association, et. al. to Marlene Dortch, Secretary, Federal Communications Commission, Ex Parte, WC Docket No.
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  • reassessment of Clear World's contribution obligation took into consideration Clear World's bad debt, but did not allow a deduction for amounts paid by Clear World to its billing company. Id. Clear World Request for Review at 1-4, 26 (arguing that USAC waived its right to conduct a second audit following an initial, but uncompleted, audit by KPMG). 47 C.F.R. §§ 54.707, 54.711 (a). See 2002 Universal Service Contribution Methodology Order, 17 FCC Rcd at 24978, para. 51 (stating that ``[t]o the extent that a carrier recovers its contribution cost through a line item, that line item may not exceed the relevant assessment rate''). Id. at 24975, para. 42. USAC Audit at 11. Clear World Request for Review at 22-24; see Clear
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  • (e); MAG Order, 16 FCC Rcd at 19615-16, para. 1. MAG Order, 16 FCC Rcd at 19617, para. 3 Id. Id. at 19664, para. 120. Id. at 19643-44, para. 63, 19664, para. 120. Id. at 19678-79, paras. 151-54. Id. at 19680-81, para. 158. Id. 47 C.F.R. § 54.702(a); MAG Order, 16 FCC Rcd at 19681, para. 159. 47 C.F.R. § 54.707; MAG Order, 16 FCC Rcd at 19682, para. 162. MAG Order, 16 FCC Rcd at 19682, para. 162. 47 C.F.R. § 54.707; MAG Order, 16 FCC Rcd at 19682, para. 162. 54 C.F.R. § 54.903(a). MAG Order, 16 FCC Rcd at 19681, para. 160. Id. Id. at 19682 n. 428. NECA already collects similar data as administrator of the pool
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  • of actual data by creating multiple overlapping periods rather than a single annual period. Moreover, rolling true-ups introduce substantial complications to the true-up process. Joint Petition for Reconsideration., Attachment at 2. Id., Attachment at 2. Id., Attachment at 3 n.5. NECA March 1 ex parte letter. See MAG Order, 16 FCC Rcd at 19681 paras. 159-60; 47 C.F.R. §§ 54.702(h), 54.707. In subsequent ex parte filings, NECA also requested that the Commission make NECA, rather than USAC, responsible for collecting ICLS data from members of the common line pool. NECA August 1 ex parte letter. We believe that the rules appropriately make USAC, the ICLS administrator, responsible for ICLS data collection. We also believe that carriers' ability to rely on NECA
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  • 104-106; Reports Consolidation Act of 2000, Public Law No. 106-531; Accountability of Tax Dollars Act of 2002, Public Law No. 107-289; and Improper Payments Information Act of 2002, Public Law No. 107-300. See Section 803 of the FFMIA, reprinted at 31 U.S.C. § 3512 note (1996) (Federal Financial Management Improvement). OMB Bulletin at 3. 47 C.F.R. §§ 54.516, 54.619, 54.705(c)(iv), 54.707 and 64.604(c)(iii)(C). 47 C.F.R. § 54.717. See Debt Collection Improvement Act of 1996, Public Law No. 104-134, and Federal Financial Management Improvement Act of 1996, Public Law No. 104-208. 5 U.S.C. § 553(b)(3)(B). 5 U.S.C. § 553(b)(3)(A). See 5 U.S.C. § 801(a)(1)(A). See 5 U.S.C. § 604(b). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-232 Federal Communications Commission
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  • we could sunset any measures automatically after a three-year period or we could review any independent audit requirement after a specific period of time. Contributor Audits. In addition to considering whether we should require audits of USF program beneficiaries, we seek comment on whether our rules should require independent audits of contributors to the universal service fund. Pursuant to section 54.707 of the Commission's rules, USAC has the authority to audit contributors and carriers reporting data. In addition to such audits, our Enforcement Bureau regularly investigates contributor filings to ensure compliance with our rules. In addition to these existing procedures, we seek comment on whether we should establish an independent audit program for contributors modeled on the Single Audit Act or
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  • efforts. This action does not modify or otherwise permit these carriers to use high-cost support disbursed to one state to meet the needs in another state. We find that the damage inflicted by Hurricane Katrina is sufficient for a deviation from our general rule. We note that a signed letter containing this certification will suffice. See, e.g., 47 C.F.R. § 54.707(a) (stating that carriers' ``support for providing Lifeline shall be provided directly . . . based on the number of qualifying low-income consumers [a carrier services], under administrative procedures determined by the Administrator.''). As noted above, we expect the Administrator will conduct audits or other reviews of beneficiaries and service providers obtaining a significant amount of this temporary support. Improperly used
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  • Order, 19 FCC Rcd 15252 (2004) (``Fourth Report and Order''); Schools and Libraries Universal Service Support Mechanism, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912 (2003) (``Third Report and Order''); Schools and Libraries Universal Service Support Mechanism, Second Report and Order, 18 FCC Rcd 9202 (2003) (``Second Report and Order''). 47 C.F.R. § 54.707. 47 C.F.R. § 54.717. See Third Report and Order, 18 FCC Rcd at 26944-52, ¶¶ 78-85; Fourth Report and Order, 19 FCC Rcd at 15255-59, ¶¶ 10-22. See Fifth Report and Order, 19 FCC Rcd at 15830-32, ¶¶ 64-71. In appropriate cases, we may also initiate forfeiture proceedings against those responsible for misconduct pursuant to section 503(b) of the Act.
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  • to clarify that this practice must be implemented in accord with the American Rule described herein. See USAC Comments at 71. Schools and Libraries Fifth Report and Order, 19 FCC Rcd at 15813, ¶ 13. See also GAO 2005 E-Rate Report at 31. Schools and Libraries Fifth Report and Order, 19 FCC Rcd at 15813, ¶ 13. 47 C.F.R. § 54.707 (``the Administrator shall have the authority to audit contributors and carriers . . . .'') In addition, the USF Administrator is audited annually. See 47 C.F.R. § 54.717. 47 C.F.R. § 54.516. KPMG LLP recently completed its last round of one hundred schools and libraries audits, under the OIG's oversight. Over $11 million in improper payments were identified and USAC
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  • and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003). See Comprehensive Review of the Universal Service Fund Management, Administration, and Oversight, WC Docket No. 05-195, Report and Order, 22 FCC Rcd 16,372, 16,383-85 ¶¶ 22-27 (2007) (Universal Service Fund Oversight Order). 47 C.F.R. § 54.707. 47 C.F.R. § 54.702(n). . Universal Service Fund Oversight Order, 22 FCC Rcd at 16,387 ¶ 32. See 47 C.F.R. § 54.8. See 47 C.F.R. § 54.202(e) (``All eligible telecommunications carriers shall retain all records required to demonstrate to auditors that the support received was consistent with the universal service high-cost program rules. . . .This documentation must be maintained
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  • risk elements, size of disbursement, audit timing and other specific factors; (3) keep costs reasonable in relation to overall program disbursements, amount disbursed to beneficiary being audited, and USF administrative costs; (4) spread audits throughout the year; and (5) retain capacity and capability for targeted and risk-based audits. See Feb. 12, 2010 USAC Letter at 2, 4. 47 C.F.R. § 54.707. 47 C.F.R. § 54.702(n). In addition, the Commission's OIG has conducted audits of USF program beneficiaries. See Office of Inspector General, Semiannual Report to Congress, October 1, 2009 through March 31, 2010, at 17-20. In a February 12, 2010, letter to USAC, OMD directed USAC to separate its two audit objectives into distinct programs - one focused on Improper Payments
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  • Independent Telephone and Telecommunications Alliance, National Telecommunications Cooperative Association, Organization for the Promotion and Advancement of Small Telecommunications Companies, Rural Cellular Association, AT&T, Western Telecommunications Alliance, CenturyLink, Qwest, Tracfone Wireless, Inc, Windstream Communications, Inc and Verizon to Marlene H. Dortch, Secretary, Federal Communications Commission, WC Docket No. 03-109 (February 15, 2011) (ETC Duplicate Letter). Id. Id. Id. 47 C.F.R. § 54.707. See, e.g., City of Cambridge TracFone One-Per-Household Clarification Comments at 2; NNEDV TracFone One-Per-Household Clarification Reply Comments at 2; SBI TracFone One-Per-Household Clarification Comments at 4-5; POTS TracFone One-Per-Household Clarification Comments at 2. See infra paras. 119-20 (application of the One-Per-Residence Rule in Tribal Communities). See, e.g., 47 C.F.R. § 54.405(c). . . See Qwest Communications Reply Comments, WC Docket
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  • Immediate adoption of a rule requiring documentation of program-based eligibility will enable the Commission to realize cost savings in the near term, which can in turn be used to, among other things, fund efforts to modernize the Lifeline program. See supra para. 102 (noting that up to an estimated 15 percent of Lifeline subscribers could be ineligible). 47 C.F.R. § 54.707. See 47 U.S.C. § 254(b); see also FCC Enforcement Advisory: Eligible Telecommunications Carriers Offering Lifeline Service Are Reminded of Their Obligation to Confirm Consumers' Eligibility and to Avoid Providing Duplicative Service, Enforcement Advisory, DA 11-1971 (Enforc. Bur. Dec. 5, 2011) (Lifeline Enforcement Advisory). . 47 U.S.C. § 503(b)(2)(B); 47 C.F.R. § 1.80(b)(2). We note that these penalties are periodically adjusted
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  • 47 C.F.R. § 54.702(b); 47 C.F.R. § 54.709(a). See USAC Form 499 Filing Schedule. See Federal-State Joint Board on Universal Service et al., CC Docket No. 96-45 et al., Order, 20 FCC Rcd 1012, 1013, para. 2 (Wireline Comp. Bur. 2004), applications for review pending (One-Year Deadline Order). 47 C.F.R. § 54.706(e). 47 C.F.R. § 54.711(a). Id. 47 C.F.R. § 54.707. See Universal Service Administrative Company, Program Integrity: Audits & Assessments, available at http://www.usac.org/cont/about/program-integrity/audits.aspx (last visited Apr. 17, 2012). Contributors that disagree with USAC audits findings may seek review by the Commission. See 47 C.F.R. § 54.722. 47 C.F.R. § 54.708. 47 C.F.R. § 54.709(d). 47 C.F.R. § 54.713(a). 47 C.F.R. § 54.713(c). 47 U.S.C. § 503. See Federal Communications Commission,
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.pdf
  • service de minimis threshold must file this worksheet. 3 Proposed Instructions to the Telecommunications Reporting Worksheet, Form 499 Telecommunications service providers must contribute to several support and cost recovery mechanisms established by the FCC. 47 C.F.R. § 52.17 mandates that all telecommunications carriers contribute to meet the costs of administering the North American Numbering Plan (NANP). 47 C.F.R §§ 54.705, 54.707, 54.709, 54.711, and 54.713 require most telecommunications service providers to contribute to the universal service support mechanisms. 47 C.F.R. § 52.32 mandates that shared costs of long-term local number portability administration (LNPA) in a region shall be recovered from carriers providing telecommunications service in that region. 47 C.F.R. § 64.604 requires that all carriers providing interstate telecommunications services contribute to
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  • expertise in matters affecting the administration of the high cost and low-income support mechanisms. These board members do not represent entities that are eligible Federal Communications Commission FCC 97-253 We note that cable operators, in their capacity as telecommunications providers, will be represented on the 138 High Cost and Low Income Committee by the CLEC representative. See 47 C.F.R. § 54.707. 139 30 to receive universal service support from the high cost and low-income universal service support mechanisms and that directly benefit from these programs. In addition, including on the 138 Committee only those USAC Board members with expertise in issues relating to the universal service support mechanisms for high cost areas and low-income consumers will relieve the remaining USAC Board
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-91A1.html
  • Order, 19 FCC Rcd 15252 (2004) ("Fourth Report and Order"); Schools and Libraries Universal Service Support Mechanism, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912 (2003) ("Third Report and Order"); Schools and Libraries Universal Service Support Mechanism, Second Report and Order, 18 FCC Rcd 9202 (2003) ("Second Report and Order"). 47 C.F.R. S 54.707. 47 C.F.R. S 54.717. See Third Report and Order, 18 FCC Rcd at 26944-52, PP 78-85; Fourth Report and Order, 19 FCC Rcd at 15255-59, PP 10-22. See Fifth Report and Order, 19 FCC Rcd at 15830-32, PP 64-71. In appropriate cases, we may also initiate forfeiture proceedings against those responsible for misconduct pursuant to section 503(b) of the Act.
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.wp
  • service de minimis threshold must file this worksheet. 3 Proposed Instructions to the Telecommunications Reporting Worksheet, Form 499 Telecommunications service providers must contribute to several support and cost recovery mechanisms established by the FCC. 47 C.F.R. § 52.17 mandates that all telecommunications carriers contribute to meet the costs of administering the North American Numbering Plan (NANP). 47 C.F.R §§ 54.705, 54.707, 54.709, 54.711, and 54.713 require most telecommunications service providers to contribute to the universal service support mechanisms. 47 C.F.R. § 52.32 mandates that shared costs of long-term local number portability administration (LNPA) in a region shall be recovered from carriers providing telecommunications service in that region. 47 C.F.R. § 64.604 requires that all carriers providing interstate telecommunications services contribute to
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  • expertise in matters affecting the administration of the high cost and low-income support mechanisms. These board members do not represent entities that are eligible Federal Communications Commission FCC 97-253 We note that cable operators, in their capacity as telecommunications providers, will be represented on the 138 High Cost and Low Income Committee by the CLEC representative. See 47 C.F.R. § 54.707. 139 30 to receive universal service support from the high cost and low-income universal service support mechanisms and that directly benefit from these programs. In addition, including on the 138 Committee only those USAC Board members with expertise in issues relating to the universal service support mechanisms for high cost areas and low-income consumers will relieve the remaining USAC Board
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981872.pdf
  • directed all interstate telecommunications carriers, payphone providers, and others which provide interstate telecommunications service for a fee to contribute to the Universal Service Funds.1 Carriers that provide only international telecommunications service are not required to contribute to the universal service support mechanisms. By letter dated July 23, 1998, RealWorld Advanced Technology Inc. (RealWorld) requested that the Commission waive sections 54.705, 54.707, 54.709, 54.711, and 2 See 47 C.F.R. §§ 54.705, 54.707, 54.709, 54.711, and 54.713. 2 54.713 of the Commission's rules.2 RealWorld is a reseller of international telecommunications service. RealWorld states that more than 99 percent of its calls originate and terminate abroad, and the remainder terminate in the United States. RealWorld seeks waiver of the rules in order to contribute
• http://www.fcc.gov/eb/Orders/2006/FCC-06-91A1.html
  • Order, 19 FCC Rcd 15252 (2004) ("Fourth Report and Order"); Schools and Libraries Universal Service Support Mechanism, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912 (2003) ("Third Report and Order"); Schools and Libraries Universal Service Support Mechanism, Second Report and Order, 18 FCC Rcd 9202 (2003) ("Second Report and Order"). 47 C.F.R. S 54.707. 47 C.F.R. S 54.717. See Third Report and Order, 18 FCC Rcd at 26944-52, PP 78-85; Fourth Report and Order, 19 FCC Rcd at 15255-59, PP 10-22. See Fifth Report and Order, 19 FCC Rcd at 15830-32, PP 64-71. In appropriate cases, we may also initiate forfeiture proceedings against those responsible for misconduct pursuant to section 503(b) of the Act.