§ 54.702   Administrator's functions and responsibilities.

   (a) The Administrator, and the divisions therein, shall be responsible for
   administering the schools and libraries support mechanism, the rural health
   care support mechanism, the high-cost support mechanism, and the low income
   support mechanism.

   (b)  The  Administrator shall be responsible for billing contributors,
   collecting contributions to the universal service support mechanisms, and
   disbursing universal service support funds.

   (c) The Administrator may not make policy, interpret unclear provisions of
   the statute or rules, or interpret the intent of Congress. Where the Act or
   the  Commission's  rules  are  unclear, or do not address a particular
   situation, the Administrator shall seek guidance from the Commission.

   (d) The Administrator may advocate positions before the Commission and its
   staff only on administrative matters relating to the universal service
   support mechanisms.

   (e) The Administrator shall maintain books of account separate from those of
   the National Exchange Carrier Association, of which the Administrator is an
   independent  subsidiary. The Administrator's books of account shall be
   maintained in accordance with generally accepted accounting principles. The
   Administrator may borrow start up funds from the National Exchange Carrier
   Association. Such funds may not be drawn from the Telecommunications Relay
   Services (TRS) fund or TRS administrative expense accounts.

   (f) The Administrator shall create and maintain a website, as defined in
   § 54.5,  on which applications for services will be posted on behalf of
   schools, libraries and rural health care providers.

   (g) The Administrator shall file with the Commission and Congress an annual
   report by March 31 of each year. The report shall detail the Administrator's
   operations, activities, and accomplishments for the prior year, including
   information about participation in each of the universal service support
   mechanisms and administrative action intended to prevent waste, fraud, and
   abuse.  The report also shall include an assessment of subcontractors'
   performance, and an itemization of monthly administrative costs that shall
   include  all  expenses,  receipts,  and  payments  associated with the
   administration of the universal service support programs. The Administrator
   shall consult each year with Commission staff to determine the scope and
   content of the annual report.

   (h)  The Administrator shall report quarterly to the Commission on the
   disbursement of universal service support program funds. The Administrator
   shall  keep  separate  accounts for the amounts of money collected and
   disbursed for eligible schools and libraries, rural health care providers,
   low-income consumers, and high-cost and insular areas.

   (i) Information based on the Administrator's reports will be made public by
   the Commission at least once a year as part of a Monitoring Report.

   (j) The Administrator shall provide the Commission full access to the data
   collected pursuant to the administration of the universal service support
   programs.

   (k) Pursuant to § 64.903 of this chapter, the Administrator shall file with
   the Commission a cost allocation manual (CAM) that describes the accounts
   and procedures the Administrator will use to allocate the shared costs of
   administering  the  universal service support mechanisms and its other
   operations.

   (l)  The Administrator shall make available to whomever the Commission
   directs, free of charge, any and all intellectual property, including, but
   not limited to, all records and information generated by or resulting from
   its role in administering the support mechanisms, if its participation in
   administering the universal service support mechanisms ends.

   (m) If its participation in administering the universal service support
   mechanisms ends, the Administrator shall be subject to close-out audits at
   the end of its term.

   (n) The Administrator shall account for the financial transactions of the
   Universal Service Fund in accordance with generally accepted accounting
   principles for federal agencies and maintain the accounts of the Universal
   Service  Fund in accordance with the United States Government Standard
   General Ledger. When the Administrator, or any independent auditor hired by
   the Administrator, conducts audits of the beneficiaries of the Universal
   Service Fund, contributors to the Universal Service Fund, or any other
   providers of services under the universal service support mechanisms, such
   audits shall be conducted in accordance with generally accepted government
   auditing  standards.  In administering the Universal Service Fund, the
   Administrator shall also comply with all relevant and applicable federal
   financial management and reporting statutes.

   (o) The Administrator shall provide performance measurements pertaining to
   the universal service support mechanisms as requested by the Commission by
   order or otherwise.

   [ 63 FR 70573 , Dec. 21, 1998, as amended at  65 FR 38690 , June 21, 2000;  65 FR 57739 , Sept. 26, 2000;  66 FR 59727 , Nov. 30, 2001;  67 FR 11259 , Mar. 13,
   2002;  69 FR 5719 , Feb. 6, 2004;  72 FR 54218 , Sept. 24, 2007;  76 FR 73876 ,
   Nov. 29, 2011]

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