Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget, Comments Requested, 72721-72723 [E7-24794]
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Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Notices
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget, (202) 395–
5887, or via fax at 202–395–5167 or via
Internet at Nicholas_A._Fraser
@omb.eop.gov and to JudithB.Herman@fcc.gov, Federal
Communications Commission, or an
email to PRA@fcc.gov. If you would like
to obtain or view a copy of this
information collection, you may do so
by visiting OMB’s Web site: https://
www.reginfo.gov/public/do/PRAMain.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection(s), contact Judith
B. Herman at 202–418–0214 or via the
Internet at Judith-B.Herman@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0221.
Title: Section 90.155(b) and (d), Time
in Which Station Must Be Placed in
Operation.
Form No.: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit and state, local or tribal
government.
Number of Respondents: 1,768
respondents; 1,768 responses.
Estimated Time Per Response: 1 hour.
Frequency of Response: On occasion
reporting requirement.
Obligation to Respond: Required to
obtain or retain benefits.
Total Annual Burden: 1,768 hours.
Total Annual Cost: N/A.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality:
There is no need for confidentiality.
Needs and Uses: The Commission
will submit this information collection
to the OMB as a revision during this
comment period to obtain the full threeyear clearance from them. There is a
decrease in the number of respondents/
responses and burden hours.
Section 90.155(b) requires that a
period longer than 12 months may be
granted to local government entities to
place their stations in operation on a
case-by-case basis upon a showing of
need. This rule provides flexibility to
state and local governments. An
application for extension of time to
commence service may be made on FCC
Form 601 (OMB Control No. 3060–
0798). Extensions of time must be filed
prior to the expiration of the
construction period. Extensions will be
granted only if the licensee shows that
the failure to commence service is due
to causes beyond its control.
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18:37 Dec 20, 2007
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For the revisions to this submission to
the OMB, the Commission is requesting
OMB approval for the following:
The Commission adopted and
released a Report and Order in FCC 95–
41, PR Docket No. 93–61 which
established construction deadlines for
Location and Monitoring Service (LMS)
licensees in the MTA-licensed
multilateration LMS services. The
Commission is adding Section 90.155(d)
to this information collection.
On July 8, 2004, the Commission
adopted a Report and Order in FCC 04–
166, WT Docket Nos. 02–381, 01–14,
and 03–202 that amended Section
90.155(d) to provide holders of
multilateration location service
authorizations with five- and ten-year
benchmarks to place in operation their
base stations that utilize multilateration
technology to provide multilateration
location service to one-third of the
Economic Area’s (EAs) population
within five years of initial license grant,
and two-thirds of the population within
ten years. At the five- and ten-year
benchmarks, licensees are required to
file a map with FCC Form 601 showing
compliance with the coverage
requirements pursuant to section 1.946
of the Commission’s rules.
On January 31, 2007, via an Order on
Reconsideration and Memorandum
Opinion and Order, in DA 07–479, the
FCC granted two to three additional
years to meet the five-year construction
requirements for certain multilateration
Location and Monitoring Service
Economic Area licenses, and extended
the ten-year requirement for such
licenses for two years.
Note: The cost and hour burdens for
section 90.155(g) and (i) are accounted for
under OMB Control No. 3060–0798 and are
therefore not part of this information
collection.
These requirements will be used by
Commission personnel to evaluate
whether or not certain licensees are
providing substantial service as a means
of complying with their construction
requirements, or have demonstrated that
an extended period of time for
construction is warranted.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7–24793 Filed 12–20–07; 8:45 am]
BILLING CODE 6712–01–P
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72721
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Submitted for
Review to the Office of Management
and Budget, Comments Requested
December 17, 2007.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burdens,
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501–3520. An
agency may not conduct or sponsor a
collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a valid control number.
Comments are requested concerning (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
burden estimate; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology.
DATES: Written Paperwork Reductions
Act (PRA) comments should be
submitted on or before January 22, 2008.
If you anticipate that you will be
submitting comments but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget, via e-mail to
Nicholas_A._Fraser@omb.eop.gov or via
fax at (202) 395–5167 and to the Federal
Communications Commission via e-mail
to PRA@fcc.gov or by U.S. mail to Leslie
F. Smith, Federal Communications
Commission, Room 1–C216, 445 12th
Street, SW., Washington, DC 20554 at
202–418–0217.
FOR FURTHER INFORMATION CONTACT: For
additional information contact Leslie F.
Smith via e-mail at PRA@fcc.gov or call
202–418–0217. To view a copy of this
information collection request (ICR)
submitted to OMB: (1) Go to the Web
page https://www.reginfo.gov/public/do/
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72722
Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Notices
PRAMain, (2) look for the section of the
Web page called ‘‘Currently Under
Review,’’ (3) click on the downwardpointing arrow in the ‘‘Select Agency’’
box below the ‘‘Currently Under
Review’’ heading, (4) select ‘‘Federal
Communications Commission’’ from the
list of agencies presented in the ‘‘Select
Agency’’ box, (5) click the ‘‘Submit’’
button to the right of the ‘‘Select
Agency’’ box, (6) when the list of FCC
ICRs currently under review appears,
look for the title of the ICR (or its OMB
control number, if there is one) and then
click on the ICR Reference Number to
view detailed information about this
ICR.
mstockstill on PROD1PC66 with NOTICES
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–XXXX.
Title: Comprehensive Review of the
Universal Service Fund Management,
Administration, and Oversight; FederalState Joint Board on Universal Service;
Schools and Libraries Universal Service
Support Mechanism; Rule Health Care
Support Mechanism; Lifeline and Linkup; and Changes to the Board of
Directors for the National Exchange
Carrier Association, Inc., WC Docket No.
05–195 et al., FCC 07–150.
Form Number: N/A
Type of Review: New information
collection.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 1 respondent; 1 response.
Estimated Time per Response: 1.0
hours.
Frequency of Response:
Recordkeeping requirements.
Obligation to Respond: Required to
obtain or retain benefits.
Total Annual Burden: 1.0 hours.
Total Annual Cost: None.
Nature and Extent of Confidentiality:
Respondents may request that
information be withheld from
disclosure. Requests for confidentiality
are processed in accordance with FCC
rules under 47 CFR Section 0.459.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: On August 29, 2007,
the FCC released a Report and Order
(‘‘R&O’’), Comprehensive Review of the
Universal Service Fund Management,
Administration, and Oversight; FederalState Joint Board on Universal Service;
Schools and Libraries Universal Service
Support Mechanism; Rule Health Care
Support Mechanism; Lifeline and Linkup; and Changes to the Board of
Directors for the National Exchange
Carrier Association, Inc., WC Docket No.
05–195 et al., FCC 07–150.
In this R&O, the FCC has adopted new
and revised information collection
VerDate Aug<31>2005
18:37 Dec 20, 2007
Jkt 214001
requirements that include timely filing
for Telecommunications Reporting
Worksheets, a reminder that USF
contributors must file FCC Forms 499–
A and 499–Q on a periodic basis,
document retention and recordkeeping
requirements and administrative
limitation periods for the high-cost, lowincome, and rural health care universal
service programs, and various other
performance measures and reporting
requirements for the universal service
programs and for the Universal Service
Fund (‘‘USF’’) Administrator. These
recordkeeping and reporting
requirements are part of the FCC’s
continuing process to deter misconduct
and inappropriate uses of the universal
service funds. It is the FCC’s intention
that these requirements will both
safeguard the USF from waste, fraud,
and abuse and improve the
management, administration, and
oversight of the USF. These information
collection requirements are as follows:
Timely Filing for Worksheets: At
present, Universal Service Fund
contributors must file FCC Form 499–Q,
‘‘Telecommunications Reporting
Worksheet’’ (‘‘Worksheet’’), on a timely
filing basis and must not submit
inaccurate or untruthful information. In
addition, the R&O will require the USF
Administrator to add information, e.g., a
notification requirement, to the monthly
invoice sent to contributors. Each
monthly invoice must now also include
language pertaining to the Debt
Collection Improvement Act (DCIA) of
1996, substantially as follows:
A failure to submit payment may
result in sanctions, including, but not
limited to, the initiation of proceedings
to recover the outstanding debt, together
with any applicable administrative
charges, penalties, and interest pursuant
to the provisions of the Debt Collection
Act of 1982 (Public Law 97–365) and
the Debt Collection Improvement Act of
1996, (Pub. L. 104–134) as amended (the
‘‘DCIA’’), as set forth below.
The date of payment on the invoice is
the due date. If full payment is not
received by the date due, the debt is
delinquent. Because the unpaid amount
is a debt owed to the United States, we
are required by the DCIA to impose
interest and to inform you what may
happen if you do not pay the full
outstanding debt. Under the DCIA, the
United States will charge interest at the
annual rate equal to the U.S. prime rate
as of the date of delinquency plus 3.5
percent from the date the contribution
was due. This interest rate incorporates
administrative charges of collection
pursuant to 47 CFR 54.713. If the debt
remains unpaid more than 90 days , you
will be charged an additional penalty of
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6 percent a year for any part of the debt
that is more than 90 days past due. If the
debt remains unpaid, the full amount of
the outstanding debt may be transferred
to the United States Department of
Treasury (‘‘Treasury’’) for debt
collection, and you will be required to
pay the administrative costs of
processing and handling a delinquent
claim as set by the Treasury (currently
28 percent of the debt). However, if you
pay the full amount of the outstanding
debt and associated administrative fees
and penalties within 30 days of the due
date, the DCIA Interest will be waived.
These requirements are set out at 31
U.S.C. 3717.
In addition to the language in the
invoice, the R&O has specified that USF
Administrator’s invoice shall state
clearly that the invoiced amount is due
on a specific date and that the debt is
delinquent if not paid in full by that
date. The USF Administrator’s invoices
and any letters shall also explain the
applicable sanction and administrative
changes for late payments, i.e., under 31
U.S.C. 3717, a delinquent debt that is
not paid in full within 30 days from the
date due will incur interest, and if not
paid in full within 90 days from the due
date, will also incur a penalty of 6
percent per year. In addition, the
delinquent contributor will be assessed
the administrative costs of collection,
pursuant to 47 CFR 54.713 of FCC rules.
Finally, an invoice sent after partial
payment should show clearly that the
payment was applied to outstanding
penalties, administrative costs, accrued
interest, and then to the oldest
outstanding principal (‘‘American
Rule’’).
Document retention requirements.
Having concluded in the R&O that
document retention and recordkeeping
requirements not only prevent waste,
fraud, and abuse, but also protect
applicants and service providers in the
event of vendor disputes, the FCC has
adopted or revised several of these
requirements that will demonstrate
compliance with FCC rules and
regulations and be available to the USF
Administrator, auditors, and the FCC, as
follows:
High-cost program. Recipients of
universal service support for high-cost
providers must retain all records that
they may require to demonstrate to
auditors that the support they received
was consistent with the
Communications Act of 1934, as
amended, and FCC rules, assuming that
the audits are conducted within five
years of disbursement of such support.
This R&O clarifies that beneficiaries
must make available all such documents
and records that pertain to them,
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including those of NECA, contractors,
and consultants working on behalf of
the beneficiaries to the Commission’s
Office of Inspector General (‘‘OIG’’), to
the USF Administrator, and to their
auditors. See 47 CFR 54.202(e).1
Low-income program. With respect to
the two low-income universal service
programs Lifeline and Link-Up, the FCC
has concluded that it should maintain
the current two-tiered document
retention requirements. Participating
service providers must retain a record
verifying the eligibility of a recipient of
the program for as long as the recipient
continues to receive supported service
and three years more, and to make it
available in conjunction with any audit
to which it may be relevant. However,
the R&O removes the clause that waives
the requirement to retain documentation
of eligibility once an audit is completed.
The FCC also clarifies that beneficiaries
must make available all documentation
and records that pertain to them,
including those of contractors and
consultants working on their behalf, to
the Commission’s OIG, to the USF
Administrator, and to auditors working
on their behalf. See 47 CFR 54.417(a).2
Rural health care and schools and
libraries programs. The FCC maintains
the current requirement that rural health
care providers and schools and libraries
must retain their records, which
evidence that the funding they receive
was proper, for 5 years. In addition, this
requirement will now also apply to
those service providers that receive
support for serving rural health care
providers. Furthermore, the FCC
clarifies that beneficiaries must make
available all documents and records that
pertain to them, including those of
contractors and consultants, working on
their behalf, to the Commission’s OIG,
to the USF Administrator, and to their
1 47 CFR § 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. These rules should include
the following: data supporting line count filings;
historical customer records; fixed asset property
accounting records; general ledgers; invoice copies
for the purchase and maintenance of equipment;
maintenance contracts for the upgrade or
equipment; and any other relevant documentation.
This documentation must be maintained for at least
five years from the receipt of funding.
2 47 CFR § 54.417(a): Eligible telecommunications
carriers must maintain records to document
compliance with all Commission and state
requirements governing the Lifeline/Link Up
programs for the three full years preceding calendar
years and requiring carriers to retain documentation
for as long as the customer receives Lifeline service
from the ETC or until audited by the Administrator
and provide that documentation to the Commission
or Administrator upon request * * *.
VerDate Aug<31>2005
18:37 Dec 20, 2007
Jkt 214001
auditors, as required by 47 CFR
54.516(a) 3 and 47 CFR 54.619(a).4
Contributors. The R&O also requires
contributors to the Universal Service
Fund to retain all documents and
records, e.g., financial statements and
supporting documentation, etc., that
they may require to demonstrate to
auditors that their contributions were
made in compliance with the program
rules, assuming that audits are
conducted within 5 years. The FCC
clarifies that contributors must make
available all documents and records that
pertain to them, including those of
contractors and consultants working on
their behalf, to the Commission’s OIG,
to the USF Administrator, and to their
auditors.
Connectivity. The FCC will require
the USF Administrator to work with the
Commission’s Wireline Competition
Bureau to modify the relevant FCC
Forms or to create additional questions
for USF program participants to
determine more accurately how schools
and libraries connect to the Internet and
their precise levels of connectivity.
These new and revised information
collection requirements, which include
document retention and recordkeeping
requirements, etc., will affect numerous
information collections that the FCC
currently maintains. Once OMB
approves these requirements, the FCC
will begin to update these information
collections as required by the rules
adopted in this R&O.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7–24794 Filed 12–20–07; 8:45 am]
BILLING CODE 6712–01–P
3 47 CFR § 54.516(a) Recordkeeping
requirements—(1) Schools and libraries. Schools
and libraries shall retain all documents related to
the application for, receipt, and delivery of
discounted telecommunications and other
supported services for at least 5 years after the last
day of the service delivered in a particular Funding
Year. Any other document that demonstrates
compliance with the statutory or regulatory
requirements for the schools and libraries
mechanism shall be retained as well. Schools and
libraries shall maintain asset and inventory records
of equipment purchased as components of
supported internal connections services sufficient
to verify the actual location of such equipment for
a period of five years after purchase.
4 47 CFR § 54.619(d) Service providers. Service
providers shall retain documents related to the
delivery of discounted telecommunications and
other supported services for at least five years after
the last day of the delivery of discounted services.
Any documentation that demonstrates compliance
with the statutory or regulatory requirements for the
rural health care mechanism shall be retained as
well.
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72723
FEDERAL COMMUNICATIONS
COMMISSION
[EB Docket No. 07–264; DA 07–4675]
Lonnie L. Keeney, Amateur Radio
Operator and Licensee of Amateur
Radio Station KB9RFO
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: This document commences a
hearing proceeding by directing Lonnie
L. Keeney, Amateur Radio Operator and
Licensee of Amateur Radio Station
KB9RFO, to show why the license of
Amateur Radio Station KP9FO should
not be revoked and whether, in light of
a felony conviction against him, he
remains qualified to be a Commission
licensee.
DATES: Petitions by persons desiring to
participate as a party in the hearing,
pursuant to 47 CFR 1.223, may be filed
no later than 30 days after publication
of this notice in the Federal Register.
See SUPPLEMENTARY INFORMATION section
for dates that named parties should file
appearances.
ADDRESSES: Please file documents with
the Investigations and Hearings
Division, Enforcement Bureau, Federal
Communications Commission, Room 4–
C330, 445 12th Street, NW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Judy
Lancaster, Investigations and Hearings
Division, Enforcement Bureau at (202)
418–1420; Jennifer A. Lewis, Assistant
Chief, Investigations and Hearings
Division, Enforcement Bureau at (202)
418–1420.
SUPPLEMENTARY INFORMATION: This is a
summary of the Order to Show Cause,
DA 07–4675, released November 20,
2007. The full text of the Order to Show
Cause is available for inspection and
copying from 8 a.m. until 4:30 p.m.,
Monday through Thursday or from 8
a.m. until 11:30 a.m. on Friday at the
FCC Reference Information Center,
Room CY–A257, 445 12th Street, SW.,
Washington, DC 20554. The complete
text may be purchased from the
Commission’s copy contractor, Best
Copy and Printing, Inc. (BCPI), Portals
II, 445 12th Street, NW., Room CY–
B402, Washington, DC 20554, telephone
(202) 488–5300, facsimile (202) 488–
5563, or you may contact BCPI at the
Web site: https://www.BCPIWEB.com.
When ordering documents for BCPI,
please provide the appropriate FCC
document number, FCC 06–124. The
Order is also available on the Internet at
the Commission’s Web site through its
Electronic Document Management
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]]>Agencies
[Federal Register Volume 72, Number 245 (Friday, December 21, 2007)]
[Notices]
[Pages 72721-72723]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24794]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Submitted for
Review to the Office of Management and Budget, Comments Requested
December 17, 2007.
SUMMARY: The Federal Communications Commission, as part of its
continuing effort to reduce paperwork burdens, invites the general
public and other Federal agencies to take this opportunity to comment
on the following information collection(s), as required by the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. An agency may not
conduct or sponsor a collection of information unless it displays a
currently valid control number. No person shall be subject to any
penalty for failing to comply with a collection of information subject
to the Paperwork Reduction Act (PRA) that does not display a valid
control number. Comments are requested concerning (a) whether the
proposed collection of information is necessary for the proper
performance of the functions of the Commission, including whether the
information shall have practical utility; (b) the accuracy of the
Commission's burden estimate; (c) ways to enhance the quality, utility,
and clarity of the information collected; and (d) ways to minimize the
burden of the collection of information on the respondents, including
the use of automated collection techniques or other forms of
information technology.
DATES: Written Paperwork Reductions Act (PRA) comments should be
submitted on or before January 22, 2008. If you anticipate that you
will be submitting comments but find it difficult to do so within the
period of time allowed by this notice, you should advise the FCC
contact listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of
Management and Budget, via e-mail to Nicholas--A.--Fraser@omb.eop.gov
or via fax at (202) 395-5167 and to the Federal Communications
Commission via e-mail to PRA@fcc.gov or by U.S. mail to Leslie F.
Smith, Federal Communications Commission, Room 1-C216, 445 12th Street,
SW., Washington, DC 20554 at 202-418-0217.
FOR FURTHER INFORMATION CONTACT: For additional information contact
Leslie F. Smith via e-mail at PRA@fcc.gov or call 202-418-0217. To view
a copy of this information collection request (ICR) submitted to OMB:
(1) Go to the Web page https://www.reginfo.gov/public/do/
[[Page 72722]]
PRAMain, (2) look for the section of the Web page called ``Currently
Under Review,'' (3) click on the downward-pointing arrow in the
``Select Agency'' box below the ``Currently Under Review'' heading, (4)
select ``Federal Communications Commission'' from the list of agencies
presented in the ``Select Agency'' box, (5) click the ``Submit'' button
to the right of the ``Select Agency'' box, (6) when the list of FCC
ICRs currently under review appears, look for the title of the ICR (or
its OMB control number, if there is one) and then click on the ICR
Reference Number to view detailed information about this ICR.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-XXXX.
Title: Comprehensive Review of the Universal Service Fund
Management, Administration, and Oversight; Federal-State Joint Board on
Universal Service; Schools and Libraries Universal Service Support
Mechanism; Rule Health Care Support Mechanism; Lifeline and Link-up;
and Changes to the Board of Directors for the National Exchange Carrier
Association, Inc., WC Docket No. 05-195 et al., FCC 07-150.
Form Number: N/A
Type of Review: New information collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 1 respondent; 1 response.
Estimated Time per Response: 1.0 hours.
Frequency of Response: Recordkeeping requirements.
Obligation to Respond: Required to obtain or retain benefits.
Total Annual Burden: 1.0 hours.
Total Annual Cost: None.
Nature and Extent of Confidentiality: Respondents may request that
information be withheld from disclosure. Requests for confidentiality
are processed in accordance with FCC rules under 47 CFR Section 0.459.
Privacy Impact Assessment: No impact(s).
Needs and Uses: On August 29, 2007, the FCC released a Report and
Order (``R&O''), Comprehensive Review of the Universal Service Fund
Management, Administration, and Oversight; Federal-State Joint Board on
Universal Service; Schools and Libraries Universal Service Support
Mechanism; Rule Health Care Support Mechanism; Lifeline and Link-up;
and Changes to the Board of Directors for the National Exchange Carrier
Association, Inc., WC Docket No. 05-195 et al., FCC 07-150.
In this R&O, the FCC has adopted new and revised information
collection requirements that include timely filing for
Telecommunications Reporting Worksheets, a reminder that USF
contributors must file FCC Forms 499-A and 499-Q on a periodic basis,
document retention and recordkeeping requirements and administrative
limitation periods for the high-cost, low-income, and rural health care
universal service programs, and various other performance measures and
reporting requirements for the universal service programs and for the
Universal Service Fund (``USF'') Administrator. These recordkeeping and
reporting requirements are part of the FCC's continuing process to
deter misconduct and inappropriate uses of the universal service funds.
It is the FCC's intention that these requirements will both safeguard
the USF from waste, fraud, and abuse and improve the management,
administration, and oversight of the USF. These information collection
requirements are as follows:
Timely Filing for Worksheets: At present, Universal Service Fund
contributors must file FCC Form 499-Q, ``Telecommunications Reporting
Worksheet'' (``Worksheet''), on a timely filing basis and must not
submit inaccurate or untruthful information. In addition, the R&O will
require the USF Administrator to add information, e.g., a notification
requirement, to the monthly invoice sent to contributors. Each monthly
invoice must now also include language pertaining to the Debt
Collection Improvement Act (DCIA) of 1996, substantially as follows:
A failure to submit payment may result in sanctions, including, but
not limited to, the initiation of proceedings to recover the
outstanding debt, together with any applicable administrative charges,
penalties, and interest pursuant to the provisions of the Debt
Collection Act of 1982 (Public Law 97-365) and the Debt Collection
Improvement Act of 1996, (Pub. L. 104-134) as amended (the ``DCIA''),
as set forth below.
The date of payment on the invoice is the due date. If full payment
is not received by the date due, the debt is delinquent. Because the
unpaid amount is a debt owed to the United States, we are required by
the DCIA to impose interest and to inform you what may happen if you do
not pay the full outstanding debt. Under the DCIA, the United States
will charge interest at the annual rate equal to the U.S. prime rate as
of the date of delinquency plus 3.5 percent from the date the
contribution was due. This interest rate incorporates administrative
charges of collection pursuant to 47 CFR 54.713. If the debt remains
unpaid more than 90 days , you will be charged an additional penalty of
6 percent a year for any part of the debt that is more than 90 days
past due. If the debt remains unpaid, the full amount of the
outstanding debt may be transferred to the United States Department of
Treasury (``Treasury'') for debt collection, and you will be required
to pay the administrative costs of processing and handling a delinquent
claim as set by the Treasury (currently 28 percent of the debt).
However, if you pay the full amount of the outstanding debt and
associated administrative fees and penalties within 30 days of the due
date, the DCIA Interest will be waived. These requirements are set out
at 31 U.S.C. 3717.
In addition to the language in the invoice, the R&O has specified
that USF Administrator's invoice shall state clearly that the invoiced
amount is due on a specific date and that the debt is delinquent if not
paid in full by that date. The USF Administrator's invoices and any
letters shall also explain the applicable sanction and administrative
changes for late payments, i.e., under 31 U.S.C. 3717, a delinquent
debt that is not paid in full within 30 days from the date due will
incur interest, and if not paid in full within 90 days from the due
date, will also incur a penalty of 6 percent per year. In addition, the
delinquent contributor will be assessed the administrative costs of
collection, pursuant to 47 CFR 54.713 of FCC rules. Finally, an invoice
sent after partial payment should show clearly that the payment was
applied to outstanding penalties, administrative costs, accrued
interest, and then to the oldest outstanding principal (``American
Rule'').
Document retention requirements. Having concluded in the R&O that
document retention and recordkeeping requirements not only prevent
waste, fraud, and abuse, but also protect applicants and service
providers in the event of vendor disputes, the FCC has adopted or
revised several of these requirements that will demonstrate compliance
with FCC rules and regulations and be available to the USF
Administrator, auditors, and the FCC, as follows:
High-cost program. Recipients of universal service support for
high-cost providers must retain all records that they may require to
demonstrate to auditors that the support they received was consistent
with the Communications Act of 1934, as amended, and FCC rules,
assuming that the audits are conducted within five years of
disbursement of such support. This R&O clarifies that beneficiaries
must make available all such documents and records that pertain to
them,
[[Page 72723]]
including those of NECA, contractors, and consultants working on behalf
of the beneficiaries to the Commission's Office of Inspector General
(``OIG''), to the USF Administrator, and to their auditors. See 47 CFR
54.202(e).\1\
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\1\ 47 CFR Sec. 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. These rules should include the
following: data supporting line count filings; historical customer
records; fixed asset property accounting records; general ledgers;
invoice copies for the purchase and maintenance of equipment;
maintenance contracts for the upgrade or equipment; and any other
relevant documentation. This documentation must be maintained for at
least five years from the receipt of funding.
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Low-income program. With respect to the two low-income universal
service programs Lifeline and Link-Up, the FCC has concluded that it
should maintain the current two-tiered document retention requirements.
Participating service providers must retain a record verifying the
eligibility of a recipient of the program for as long as the recipient
continues to receive supported service and three years more, and to
make it available in conjunction with any audit to which it may be
relevant. However, the R&O removes the clause that waives the
requirement to retain documentation of eligibility once an audit is
completed. The FCC also clarifies that beneficiaries must make
available all documentation and records that pertain to them, including
those of contractors and consultants working on their behalf, to the
Commission's OIG, to the USF Administrator, and to auditors working on
their behalf. See 47 CFR 54.417(a).\2\
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\2\ 47 CFR Sec. 54.417(a): Eligible telecommunications carriers
must maintain records to document compliance with all Commission and
state requirements governing the Lifeline/Link Up programs for the
three full years preceding calendar years and requiring carriers to
retain documentation for as long as the customer receives Lifeline
service from the ETC or until audited by the Administrator and
provide that documentation to the Commission or Administrator upon
request * * *.
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Rural health care and schools and libraries programs. The FCC
maintains the current requirement that rural health care providers and
schools and libraries must retain their records, which evidence that
the funding they receive was proper, for 5 years. In addition, this
requirement will now also apply to those service providers that receive
support for serving rural health care providers. Furthermore, the FCC
clarifies that beneficiaries must make available all documents and
records that pertain to them, including those of contractors and
consultants, working on their behalf, to the Commission's OIG, to the
USF Administrator, and to their auditors, as required by 47 CFR
54.516(a) \3\ and 47 CFR 54.619(a).\4\
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\3\ 47 CFR Sec. 54.516(a) Recordkeeping requirements--(1)
Schools and libraries. Schools and libraries shall retain all
documents related to the application for, receipt, and delivery of
discounted telecommunications and other supported services for at
least 5 years after the last day of the service delivered in a
particular Funding Year. Any other document that demonstrates
compliance with the statutory or regulatory requirements for the
schools and libraries mechanism shall be retained as well. Schools
and libraries shall maintain asset and inventory records of
equipment purchased as components of supported internal connections
services sufficient to verify the actual location of such equipment
for a period of five years after purchase.
\4\ 47 CFR Sec. 54.619(d) Service providers. Service providers
shall retain documents related to the delivery of discounted
telecommunications and other supported services for at least five
years after the last day of the delivery of discounted services. Any
documentation that demonstrates compliance with the statutory or
regulatory requirements for the rural health care mechanism shall be
retained as well.
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Contributors. The R&O also requires contributors to the Universal
Service Fund to retain all documents and records, e.g., financial
statements and supporting documentation, etc., that they may require to
demonstrate to auditors that their contributions were made in
compliance with the program rules, assuming that audits are conducted
within 5 years. The FCC clarifies that contributors must make available
all documents and records that pertain to them, including those of
contractors and consultants working on their behalf, to the
Commission's OIG, to the USF Administrator, and to their auditors.
Connectivity. The FCC will require the USF Administrator to work
with the Commission's Wireline Competition Bureau to modify the
relevant FCC Forms or to create additional questions for USF program
participants to determine more accurately how schools and libraries
connect to the Internet and their precise levels of connectivity.
These new and revised information collection requirements, which
include document retention and recordkeeping requirements, etc., will
affect numerous information collections that the FCC currently
maintains. Once OMB approves these requirements, the FCC will begin to
update these information collections as required by the rules adopted
in this R&O.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7-24794 Filed 12-20-07; 8:45 am]
BILLING CODE 6712-01-P
