Relay Services for Deaf-Blind Individuals, 20553-20555 [2012-8133]
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Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Rules and Regulations
Verizon is granted in part and
dismissed in part and the Petition for
Reconsideration of United States
Telecom Association is dismissed in
part.
19. It is further ordered, that the
Commission shall send a copy of this
Order to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
20. It is further ordered, that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Order, including the Final
Regulatory Flexibility Certification, to
the Chief Counsel for Advocacy of the
Small Business Administration.
(f) If a CLEC provides some portion of
the switched exchange access services
used to send traffic to or from an end
user not served by that CLEC, the rate
for the access services provided may not
exceed the rate charged by the
competing ILEC for the same access
services, except if the CLEC is listed in
the database of the Number Portability
Administration Center as providing the
calling party or dialed number, the
CLEC may, to the extent permitted by
§ 51.913(b) of this chapter, assess a rate
equal to the rate that would be charged
by the competing ILEC for all exchange
access services required to deliver
interstate traffic to the called number.
*
*
*
*
*
[FR Doc. 2012–7057 Filed 4–4–12; 8:45 am]
List of Subjects 47 CFR Parts 54 and 61
Communications common carriers,
Reporting and record keeping
requirements, Telecommunications,
Telephone.
BILLING CODE 6712–01–P
Federal Communications Commission.
Sharon E. Gillett,
Chief, Wireline Competition Bureau.
47 CFR Part 64
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 54
and 61 to read as follows:
Relay Services for Deaf-Blind
Individuals
[CG Docket No. 10–210; DA 12–430]
PART 54—UNIVERSAL SERVICE
Authority: 47 U.S.C. 151, 154(i), 201, 205,
214, 219, 220, 254, 303(r), 403, and 1302
unless otherwise noted.
2. Amend § 54.5 by revising the
definition of ‘‘rate-of-return carrier’’ to
read as follows.
■
Terms and definitions.
*
*
*
*
*
Rate-of-return carrier. ‘‘Rate-of-return
carrier’’ shall refer to any incumbent
local exchange carrier not subject to
price cap regulation as that term is
defined in § 61.3(ee) of this chapter.
*
*
*
*
*
PART 61—TARIFFS
3. The authority citation for part 61
continues to read as follows:
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■
Authority: Secs. 1, 4(i), 4(j), 201–205 and
403 of the Communications Act of 1934, as
amended; 47 U.S.C. 151, 154(i), 154(j), 201–
205 and 403, unless otherwise noted.
■
4. Revise § 61.26(f) to read as follows:
§ 61.26 Tariffing of competitive interstate
switched exchange access services.
*
*
*
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15:36 Apr 04, 2012
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Federal Communications
Commission.
ACTION: Final rule; waiver of
requirement.
AGENCY:
In this document, the
Commission conditionally waives the
requirement for National Deaf Blind
Equipment Distribution Program
(NDBEDP) certified programs to submit
reimbursement claims only once every
six months, to permit certified programs
to submit reimbursement claims as
frequently as monthly. The Commission
waives this requirement for good cause
shown, to reduce the financial burden
on programs that the Commission
certifies to participate in the NDBEDP,
and to better enable selected
participants to fully meet the needs of
eligible low-income, deaf-blind
individuals in a timely manner.
DATES: This document is effective May
7, 2012, except the modified reporting
requirement in 47 CFR 64.610(f)(2),
published at 76 FR 26641, May 9, 2011,
has not been approved by the Office of
Management and Budget (OMB). The
modified information collection
requirement shall become effective
when the Commission publishes a
document in the Federal Register
announcing OMB approval and the
effective date of the requirement.
FOR FURTHER INFORMATION CONTACT:
Rosaline Crawford, Consumer and
Governmental Affairs Bureau, Disability
SUMMARY:
1. The authority citation for part 54
continues to read as follows:
■
§ 54.5
FEDERAL COMMUNICATIONS
COMMISSION
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20553
Rights Office, at (202) 418–2075 or
email Rosaline.Crawford@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s document
DA 12–430, adopted March 20, 2012,
and released March 20, 2012, in CG
Docket No. 10–210.
The full text of document DA 12–430
and copies of any subsequently filed
documents in this matter will be
available for public inspection and
copying via ECFS, and during regular
business hours at the FCC Reference
Information Center, Portals II, 445 12th
Street SW., Room CY–A257,
Washington, DC 20554. They may also
be purchased from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc., Portals II, 445 12th Street
SW., Room CY–B402, Washington, DC
20554, telephone: (800) 378–3160, fax:
(202) 488–5563, or Internet:
www.bcpiweb.com. Document DA 12–
430 can also be downloaded in Word or
Portable Document Format (PDF) at
https://www.fcc.gov/cgb/dro/
headlines.html and at https://
www.fcc.gov/cgb/dro/cvaa.html.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to
fcc504@fcc.gov or call the Consumer
and Governmental Affairs Bureau at
202–418–0530 (voice), 202–418–0432
(TTY).
Paperwork Reduction Act of 1995
Analysis
Document DA 12–430 contains a
modified information collection
requirement. The Commission, as part
of its continuing effort to reduce
paperwork burdens, invites the general
public to comment on the modified
information collection requirement
contained in document DA 12–430 as
required by the Paperwork Reduction
Act (PRA), Public Law 104–13 in a
separate published Federal Register
Notice (Notice). Public and agency
comments are due on or before May 29,
2012. See Information Collection Being
Reviewed by the Federal
Communications Commission, Notice,
published at 77 FR 18813, March 28,
2012. In addition, the Commission notes
that pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, the Commission
previously sought specific comment on
how the Commission might ‘‘further
reduce the information collection
burden for small business concerns with
fewer than 25 employees.’’ See 44
U.S.C. 3506(c)(4). In the present
document, the Commission has assessed
the effects of the rules for the NDBEDP
pilot program and finds that the
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Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Rules and Regulations
collection of information requirements
will not have a significant impact on
small business concerns with fewer than
25 employees.
Congressional Review Act
The Commission will not send a copy
of document DA 12–430 to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A),
because the conditional waiver adopted
in document DA 12–430 does not
amend the Commission’s rules.
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Synopsis
1. On April 4, 2011, in accordance
with the Twenty-First Century
Communications and Video
Accessibility Act (CVAA), Public Law
111–260, 124 Stat. 2751 (2010), the
Commission adopted a Report and
Order establishing the National DeafBlind Equipment Distribution Program
(NDBEDP). See Relay Services for DeafBlind Individuals, Report and Order,
document FCC 11–56, published at 76
FR 26641, May 9, 2011 (NDBEDP Pilot
Program Order). The goal of the
NDBEDP is to ensure that low-income
individuals who are deaf-blind receive
the equipment they need to effectively
access telecommunications services,
Internet access services, and advanced
communications services. The CVAA
authorizes the Commission to allocate
up to $10 million annually from the
Interstate Telecommunications Relay
Services Fund (TRS Fund) for this
nationwide equipment distribution
effort. See 47 U.S.C. 620(c). The
Commission will certify and provide
funding to one entity in each state for
the purpose of distributing
communications equipment to lowincome individuals who are deaf-blind.
2. NDBEDP certified programs may
seek reimbursement of costs from the
TRS Fund up to the funding allocation
for the state, for the equipment they
distribute, the reasonable costs of
providing related services, and the costs
associated with administering these
programs. In the NDBEDP Pilot Program
Order, the Commission adopted a
funding mechanism that allows for
reimbursement for these authorized
costs every six months. See 47 CFR
64.610(f)(2) of the Commission’s rules.
To obtain reimbursement for authorized
costs, certified programs must provide
the Commission with documentation
and a reasonably detailed explanation of
the costs actually incurred during the
prior six-month period of the funding
year.
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Frequency of Reimbursement Claims
3. The Commission announced that it
would accept applications through
November 21, 2011, from programs
interested in receiving certification to
participate in the NDBEDP pilot
program. See FCC Announces 60-Day
Period to Apply for Certification to
Participate in the National Deaf-Blind
Equipment Distribution Program, Public
Notice, document DA 11–1591, released
September 22, 2011. In response, the
Commission received 58 applications
from entities representing each of the 50
states, the District of Columbia, Puerto
Rico, and the Virgin Islands. All
applications are from state or local
government agencies or non-profit
entities.
4. More than half of the applications
received include a request for the
Commission to permit claims for
reimbursement of NDBEDP expenses
more frequently than once every six
months. Many of the applicants assert
that the inability to receive
compensation more frequently than
once every six months will compromise
significantly their ability to staff their
programs, purchase equipment, actively
conduct program outreach, and handle
other required tasks. Accordingly, they
claim that the once every six months
reimbursement interval will severely
and profoundly limit their ability to
serve eligible low-income, deaf-blind
individuals in a timely manner. Several
applicants also assert that permitting
more frequent claims for reimbursement
is necessary to maintain financial
stability and to ensure timely payments
to vendors and contractors. Still others
raise questions about their ability to
participate in the NDBEDP program at
all if not permitted to receive
compensation on a more frequent basis,
especially given their non-profit status,
the sizeable expenditures they must
incur for covered equipment, and recent
budget reductions experienced by state
and local government agencies that
make reliance on regular funding
critical to their participation in this
program.
5. Generally, the Commission may
waive any provision of its rules on its
own motion for good cause shown. See
47 CFR 1.3 of the Commission’s rules.
In addition, the Commission may take
into account considerations of hardship,
equity, or more effective
implementation of overall policy on an
individual basis. WAIT Radio v. FCC,
418 F.2d 1153, 1157 (D.C. Cir. 1969),
affirmed, 459 F.2d 1203 (D.C. Cir. 1972).
In sum, a waiver of our rules is
appropriate if special circumstances
warrant a deviation from the general
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rule, and such deviation would better
serve the public interest than strict
adherence to the general rule. Northeast
Cellular Tel. Co. v. FCC, 897 F.2d 1164,
1166 (D.C. Cir. 1990).
6. For good cause shown, and to
reduce the financial burden on
programs that the Commission certifies
to participate in the NDBEDP and better
enable selected participants to fully
meet the needs of eligible low-income,
deaf-blind individuals in a timely
manner, the Commission conditionally
waives its rules to permit such programs
to submit claims for reimbursement
from the TRS Fund more frequently.
The Commission finds persuasive
applicants’ assertions that a six-month
reimbursement cycle will impose a
hardship that could prevent many
entities from participating in the
NDBEDP. Many of the non-profit and
state or local programs that have applied
for certification report that they operate
on limited funding that will be strained
if forced to wait a full six months for
compensation. This is especially true
given the high costs of equipment
generally required by individuals who
are deaf-blind. The Commission finds
that the large upfront expenses needed
for such equipment justifies a waiver to
permit more frequent reimbursement.
7. To be compensated for equipment
distributed and services rendered under
the NDBEDP pursuant to this waiver,
each certified entity must comply with
certain conditions. Specifically, each
certified entity that wishes to take
advantage of this waiver will be
permitted to elect a reimbursement
schedule on either a monthly or
quarterly basis. Such entity must notify
the TRS Fund Administrator of its
election at the start of each Fund Year,
and maintain that schedule for the
duration of the Year. Entities electing to
seek reimbursement on a monthly or
quarterly basis also will be required to
submit documentation and a reasonably
detailed explanation of costs incurred
within 30 days after the end of each
month or quarter, respectively, of the
Fund Year (July 1 through June 30). See
47 CFR 64.610(f)(2) of the Commission’s
rules. In either case, the TRS Fund
Administrator and the NDBEDP
Administrator shall review the costs
submitted and may request supporting
documentation to verify the expenses
claimed. See 47 CFR 64.610(f) of the
Commission’s rules. Entities that do not
take advantage of this waiver do not
need to so notify the Fund
Administrator, but will be required to
submit documentation and a reasonably
detailed explanation of their costs
incurred within 30 days after the end of
each six-month period of the funding
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year, as required by the Commission’s
rules. See 47 CFR 64.610(f)(2) of the
Commission’s rules. In each case, costs
submitted must be for those costs
actually incurred during each preceding
one-, three-, or six-month period.
8. The Commission further notes that
the waiver granted in document DA 12–
430 will be for the duration of the
NDBEDP pilot program. The purpose of
establishing the NDBEDP initially as a
pilot program is to provide the
flexibility needed to enable certified
programs to structure their distribution
and service delivery systems to
effectively meet the needs of their
participants. This flexibility is expected
to result in a variety of equipment
distribution and service delivery models
that could serve as the foundation for
establishment of the permanent
NDBEDP. The Commission concludes
that allowing certified entities to receive
the needed funding in a timely manner
will better enable such entities to make
their programs effective and sustainable,
which, in turn, will help inform future
Commission decisions regarding a
permanent NDBEDP that furthers the
public interest.
Ordering Clauses
9. Pursuant to sections 4(i) and 719 of
the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 620, and
§ 1.3 of the Commission’s rules, 47 CFR
1.3, and § 64.610(f)(2) of the
Commission’s rules is conditionally
waived to permit NDBEDP certified
programs to submit claims for
reimbursement more frequently than
once every six months as required by
§ 64.610(f)(2) of its rules and to submit
reimbursement claims up to one time
each month.
10. This action is taken under
delegated authority pursuant to §§ 0.141
and 0.361 of the Commission’s rules, 47
CFR 0.141, 0.361.
Federal Communications Commission.
Karen Peltz Strauss,
Deputy Chief, Consumer and Governmental
Affairs Bureau.
[FR Doc. 2012–8133 Filed 4–4–12; 8:45 am]
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BILLING CODE 6712–01–P
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MM Docket No. 99–25; FCC 12–28]
Implementation of the Local
Community Radio Act of 2010;
Revision of Service and Eligibility
Rules for Low Power FM Stations
Federal Communications
Commission.
ACTION: Final rule; denial of petitions for
reconsideration.
AGENCY:
In this document, the
Commission modifies its rules in order
to implement provisions of the Local
Community Radio Act of 2010
(‘‘LCRA’’) that unambiguously require
the Commission to eliminate its thirdadjacent channel spacing requirements
and to maintain the spacing
requirements currently in place to
protect radio reading services. The
Commission also dismisses and/or
denies various petitions for
reconsideration of the Third Report and
Order in MM Docket No. 99–25 and
terminates a Second Further Notice of
Proposed Rulemaking in that docket.
DATES: Effective June 4, 2012.
FOR FURTHER INFORMATION CONTACT:
Peter Doyle (202) 418–2789.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s document
in MM Docket No. 99–25, FCC No. 12–
28, adopted March 19, 2012. A synopsis
of the proposed rulemaking segment of
this decision will be published in a later
issue of the Federal Register. The full
text of the Fifth Report and Order,
Fourth Further Notice of Proposed
Rulemaking and Fourth Order on
Reconsideration is available for
inspection and copying during normal
business hours in the FCC Reference
Center (Room CY–A257), 445 12th
Street SW., Washington, DC 20554. The
full text may also be downloaded at:
https://www.fcc.gov.
Paperwork Reduction Act Analysis.
This Report and Order does not adopt
any new or revised information
collection requirements subject to the
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13 (44 U.S.C.
3501–3520). In addition, therefore, it
does not contain any new or modified
‘‘information collection burden for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Report to Congress. The Commission
will send a copy of this Fifth Report &
SUMMARY:
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20555
Order to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
Summary of Fifth Report and Order
and Fourth Order on Reconsideration
I. Introduction
1. In the Fifth Report and Order, we
modify our rules to implement certain
provisions of the Local Community
Radio Act of 2010 (‘‘LCRA’’), which
unambiguously require the Commission
to eliminate its third-adjacent channel
spacing requirements and to maintain
the spacing requirements currently in
place to protect radio reading services.
In the Fourth Order on Reconsideration,
we dismiss in part and deny in part a
petition for reconsideration of the Third
Report and Order in this docket, which
the Commission released in 2007, and
terminate the Second Further Notice of
Proposed Rulemaking (Second FNPRM)
that accompanied that order.
II. Background
2. In January 2000, the Commission
adopted a Report and Order establishing
the LPFM service. In doing so, the
Commission sought ‘‘to create a class of
radio stations designed to serve very
localized communities or
underrepresented groups within
communities.’’ The Commission created
two classes of LPFM facilities. The
LP100 class consists of stations with a
maximum power of 100 watts effective
radiated power (‘‘ERP’’) at 30 meters
antenna height above average terrain
(‘‘HAAT’’), providing an FM service
radius (1 mV/m or 60 dBu) of
approximately 3.5 miles. The LP10 class
consists of stations with a maximum of
10 watts ERP at 30 meters HAAT,
providing an FM service radius of
approximately one to two miles. ‘‘[T]o
preserve the integrity and technical
excellence of existing FM radio
service,’’ the Commission adopted
separation requirements for LPFM
stations operating on co-, first- and
second-adjacent channels to full-service
FM, FM translator and FM booster
stations. The Commission, however,
declined to impose third adjacent
channel distance separation
requirements, and declined to adopt
special protections for radio reading
services. The Commission specified that
LPFM stations operate on a ‘‘secondary’’
basis. In other words, LPFM stations
generally cannot cause interference to
existing and future full-service FM and
other ‘‘primary’’ stations and are not
protected against interference from
these stations.
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]]>Agencies
[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Rules and Regulations]
[Pages 20553-20555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8133]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket No. 10-210; DA 12-430]
Relay Services for Deaf-Blind Individuals
AGENCY: Federal Communications Commission.
ACTION: Final rule; waiver of requirement.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission conditionally waives the
requirement for National Deaf Blind Equipment Distribution Program
(NDBEDP) certified programs to submit reimbursement claims only once
every six months, to permit certified programs to submit reimbursement
claims as frequently as monthly. The Commission waives this requirement
for good cause shown, to reduce the financial burden on programs that
the Commission certifies to participate in the NDBEDP, and to better
enable selected participants to fully meet the needs of eligible low-
income, deaf-blind individuals in a timely manner.
DATES: This document is effective May 7, 2012, except the modified
reporting requirement in 47 CFR 64.610(f)(2), published at 76 FR 26641,
May 9, 2011, has not been approved by the Office of Management and
Budget (OMB). The modified information collection requirement shall
become effective when the Commission publishes a document in the
Federal Register announcing OMB approval and the effective date of the
requirement.
FOR FURTHER INFORMATION CONTACT: Rosaline Crawford, Consumer and
Governmental Affairs Bureau, Disability Rights Office, at (202) 418-
2075 or email Rosaline.Crawford@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
document DA 12-430, adopted March 20, 2012, and released March 20,
2012, in CG Docket No. 10-210.
The full text of document DA 12-430 and copies of any subsequently
filed documents in this matter will be available for public inspection
and copying via ECFS, and during regular business hours at the FCC
Reference Information Center, Portals II, 445 12th Street SW., Room CY-
A257, Washington, DC 20554. They may also be purchased from the
Commission's duplicating contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street SW., Room CY-B402, Washington, DC 20554,
telephone: (800) 378-3160, fax: (202) 488-5563, or Internet:
www.bcpiweb.com. Document DA 12-430 can also be downloaded in Word or
Portable Document Format (PDF) at https://www.fcc.gov/cgb/dro/headlines.html and at https://www.fcc.gov/cgb/dro/cvaa.html.
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to fcc504@fcc.gov or call the Consumer and Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
Paperwork Reduction Act of 1995 Analysis
Document DA 12-430 contains a modified information collection
requirement. The Commission, as part of its continuing effort to reduce
paperwork burdens, invites the general public to comment on the
modified information collection requirement contained in document DA
12-430 as required by the Paperwork Reduction Act (PRA), Public Law
104-13 in a separate published Federal Register Notice (Notice). Public
and agency comments are due on or before May 29, 2012. See Information
Collection Being Reviewed by the Federal Communications Commission,
Notice, published at 77 FR 18813, March 28, 2012. In addition, the
Commission notes that pursuant to the Small Business Paperwork Relief
Act of 2002, Public Law 107-198, the Commission previously sought
specific comment on how the Commission might ``further reduce the
information collection burden for small business concerns with fewer
than 25 employees.'' See 44 U.S.C. 3506(c)(4). In the present document,
the Commission has assessed the effects of the rules for the NDBEDP
pilot program and finds that the
[[Page 20554]]
collection of information requirements will not have a significant
impact on small business concerns with fewer than 25 employees.
Congressional Review Act
The Commission will not send a copy of document DA 12-430 to
Congress and the Government Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the
conditional waiver adopted in document DA 12-430 does not amend the
Commission's rules.
Synopsis
1. On April 4, 2011, in accordance with the Twenty-First Century
Communications and Video Accessibility Act (CVAA), Public Law 111-260,
124 Stat. 2751 (2010), the Commission adopted a Report and Order
establishing the National Deaf-Blind Equipment Distribution Program
(NDBEDP). See Relay Services for Deaf-Blind Individuals, Report and
Order, document FCC 11-56, published at 76 FR 26641, May 9, 2011
(NDBEDP Pilot Program Order). The goal of the NDBEDP is to ensure that
low-income individuals who are deaf-blind receive the equipment they
need to effectively access telecommunications services, Internet access
services, and advanced communications services. The CVAA authorizes the
Commission to allocate up to $10 million annually from the Interstate
Telecommunications Relay Services Fund (TRS Fund) for this nationwide
equipment distribution effort. See 47 U.S.C. 620(c). The Commission
will certify and provide funding to one entity in each state for the
purpose of distributing communications equipment to low-income
individuals who are deaf-blind.
2. NDBEDP certified programs may seek reimbursement of costs from
the TRS Fund up to the funding allocation for the state, for the
equipment they distribute, the reasonable costs of providing related
services, and the costs associated with administering these programs.
In the NDBEDP Pilot Program Order, the Commission adopted a funding
mechanism that allows for reimbursement for these authorized costs
every six months. See 47 CFR 64.610(f)(2) of the Commission's rules. To
obtain reimbursement for authorized costs, certified programs must
provide the Commission with documentation and a reasonably detailed
explanation of the costs actually incurred during the prior six-month
period of the funding year.
Frequency of Reimbursement Claims
3. The Commission announced that it would accept applications
through November 21, 2011, from programs interested in receiving
certification to participate in the NDBEDP pilot program. See FCC
Announces 60-Day Period to Apply for Certification to Participate in
the National Deaf-Blind Equipment Distribution Program, Public Notice,
document DA 11-1591, released September 22, 2011. In response, the
Commission received 58 applications from entities representing each of
the 50 states, the District of Columbia, Puerto Rico, and the Virgin
Islands. All applications are from state or local government agencies
or non-profit entities.
4. More than half of the applications received include a request
for the Commission to permit claims for reimbursement of NDBEDP
expenses more frequently than once every six months. Many of the
applicants assert that the inability to receive compensation more
frequently than once every six months will compromise significantly
their ability to staff their programs, purchase equipment, actively
conduct program outreach, and handle other required tasks. Accordingly,
they claim that the once every six months reimbursement interval will
severely and profoundly limit their ability to serve eligible low-
income, deaf-blind individuals in a timely manner. Several applicants
also assert that permitting more frequent claims for reimbursement is
necessary to maintain financial stability and to ensure timely payments
to vendors and contractors. Still others raise questions about their
ability to participate in the NDBEDP program at all if not permitted to
receive compensation on a more frequent basis, especially given their
non-profit status, the sizeable expenditures they must incur for
covered equipment, and recent budget reductions experienced by state
and local government agencies that make reliance on regular funding
critical to their participation in this program.
5. Generally, the Commission may waive any provision of its rules
on its own motion for good cause shown. See 47 CFR 1.3 of the
Commission's rules. In addition, the Commission may take into account
considerations of hardship, equity, or more effective implementation of
overall policy on an individual basis. WAIT Radio v. FCC, 418 F.2d
1153, 1157 (D.C. Cir. 1969), affirmed, 459 F.2d 1203 (D.C. Cir. 1972).
In sum, a waiver of our rules is appropriate if special circumstances
warrant a deviation from the general rule, and such deviation would
better serve the public interest than strict adherence to the general
rule. Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C.
Cir. 1990).
6. For good cause shown, and to reduce the financial burden on
programs that the Commission certifies to participate in the NDBEDP and
better enable selected participants to fully meet the needs of eligible
low-income, deaf-blind individuals in a timely manner, the Commission
conditionally waives its rules to permit such programs to submit claims
for reimbursement from the TRS Fund more frequently. The Commission
finds persuasive applicants' assertions that a six-month reimbursement
cycle will impose a hardship that could prevent many entities from
participating in the NDBEDP. Many of the non-profit and state or local
programs that have applied for certification report that they operate
on limited funding that will be strained if forced to wait a full six
months for compensation. This is especially true given the high costs
of equipment generally required by individuals who are deaf-blind. The
Commission finds that the large upfront expenses needed for such
equipment justifies a waiver to permit more frequent reimbursement.
7. To be compensated for equipment distributed and services
rendered under the NDBEDP pursuant to this waiver, each certified
entity must comply with certain conditions. Specifically, each
certified entity that wishes to take advantage of this waiver will be
permitted to elect a reimbursement schedule on either a monthly or
quarterly basis. Such entity must notify the TRS Fund Administrator of
its election at the start of each Fund Year, and maintain that schedule
for the duration of the Year. Entities electing to seek reimbursement
on a monthly or quarterly basis also will be required to submit
documentation and a reasonably detailed explanation of costs incurred
within 30 days after the end of each month or quarter, respectively, of
the Fund Year (July 1 through June 30). See 47 CFR 64.610(f)(2) of the
Commission's rules. In either case, the TRS Fund Administrator and the
NDBEDP Administrator shall review the costs submitted and may request
supporting documentation to verify the expenses claimed. See 47 CFR
64.610(f) of the Commission's rules. Entities that do not take
advantage of this waiver do not need to so notify the Fund
Administrator, but will be required to submit documentation and a
reasonably detailed explanation of their costs incurred within 30 days
after the end of each six-month period of the funding
[[Page 20555]]
year, as required by the Commission's rules. See 47 CFR 64.610(f)(2) of
the Commission's rules. In each case, costs submitted must be for those
costs actually incurred during each preceding one-, three-, or six-
month period.
8. The Commission further notes that the waiver granted in document
DA 12-430 will be for the duration of the NDBEDP pilot program. The
purpose of establishing the NDBEDP initially as a pilot program is to
provide the flexibility needed to enable certified programs to
structure their distribution and service delivery systems to
effectively meet the needs of their participants. This flexibility is
expected to result in a variety of equipment distribution and service
delivery models that could serve as the foundation for establishment of
the permanent NDBEDP. The Commission concludes that allowing certified
entities to receive the needed funding in a timely manner will better
enable such entities to make their programs effective and sustainable,
which, in turn, will help inform future Commission decisions regarding
a permanent NDBEDP that furthers the public interest.
Ordering Clauses
9. Pursuant to sections 4(i) and 719 of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 620, and Sec. 1.3 of the
Commission's rules, 47 CFR 1.3, and Sec. 64.610(f)(2) of the
Commission's rules is conditionally waived to permit NDBEDP certified
programs to submit claims for reimbursement more frequently than once
every six months as required by Sec. 64.610(f)(2) of its rules and to
submit reimbursement claims up to one time each month.
10. This action is taken under delegated authority pursuant to
Sec. Sec. 0.141 and 0.361 of the Commission's rules, 47 CFR 0.141,
0.361.
Federal Communications Commission.
Karen Peltz Strauss,
Deputy Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. 2012-8133 Filed 4-4-12; 8:45 am]
BILLING CODE 6712-01-P
