§ 64.610   Establishment of a National Deaf-Blind Equipment Distribution
Program.

   (a) The National Deaf-Blind Equipment Distribution Program (NDBEDP) is
   established as a pilot program to distribute specialized customer
   premises equipment (CPE) used for telecommunications service, Internet
   access service, and advanced communications, including interexchange
   services and advanced telecommunications and information services, to
   low-income individuals who are deaf-blind. The duration of this pilot
   program will be two years, with a Commission option to extend such
   program for an additional year.

   (b) Certification to receive funding. For each state, the Commission
   will certify a single program as the sole authorized entity to
   participate in the NDBEDP and receive reimbursement for its program's
   activities from the Interstate Telecommunications Relay Service Fund
   (TRS Fund). Such entity will have full oversight and responsibility for
   distributing equipment and providing related services in that state,
   either directly or through collaboration, partnership, or contract with
   other individuals or entities in-state or out-of-state, including other
   NDBEDP certified programs.

   (1) Any state with an equipment distribution program (EDP) may have its
   EDP apply to the Commission for certification as the sole authorized
   entity for the state to participate in the NDBEDP and receive
   reimbursement for its activities from the TRS Fund.

   (2) Other public programs, including, but not limited to, vocational
   rehabilitation programs, assistive technology programs, or schools for
   the deaf, blind or deaf-blind; or private entities, including but not
   limited to, organizational affiliates, independent living centers, or
   private educational facilities, may apply to the Commission for
   certification as the sole authorized entity for the state to
   participate in the NDBEDP and receive reimbursement for its activities
   from the TRS Fund.

   (3) The Commission shall review applications and determine whether to
   grant certification based on the ability of a program to meet the
   following qualifications, either directly or in coordination with other
   programs or entities, as evidenced in the application and any
   supplemental materials, including letters of recommendation:

   (i) Expertise in the field of deaf-blindness, including familiarity
   with the culture and etiquette of people who are deaf-blind, to ensure
   that equipment distribution and the provision of related services
   occurs in a manner that is relevant and useful to consumers who are
   deaf-blind;

   (ii) The ability to communicate effectively with people who are
   deaf-blind (for training and other purposes), by among other things,
   using sign language, providing materials in Braille, ensuring that
   information made available online is accessible, and using other
   assistive technologies and methods to achieve effective communication;

   (iii) Staffing and facilities sufficient to administer the program,
   including the ability to distribute equipment and provide related
   services to eligible individuals throughout the state, including those
   in remote areas;

   (iv) Experience with the distribution of specialized CPE, especially to
   people who are deaf-blind;

   (v) Experience in how to train users on how to use the equipment and
   how to set up the equipment for its effective use; and

   (vi) Familiarity with the telecommunications, Internet access, and
   advanced communications services that will be used with the distributed
   equipment.

   (c) Definitions. For purposes of this section, the following
   definitions shall apply:

   (1) Equipment. Hardware, software, and applications, whether separate
   or in combination, mainstream or specialized, needed by an individual
   who is deaf-blind to achieve access to telecommunications service,
   Internet access service, and advanced communications, including
   interexchange services and advanced telecommunications and information
   services, as these services have been defined by the Communications
   Act.

   (2) Individual who is deaf-blind. (i) Any person:

   (A) Who has a central visual acuity of 20/200 or less in the better eye
   with corrective lenses, or a field defect such that the peripheral
   diameter of visual field subtends an angular distance no greater than
   20 degrees, or a progressive visual loss having a prognosis leading to
   one or both these conditions;

   (B) Who has a chronic hearing impairment so severe that most speech
   cannot be understood with optimum amplification, or a progressive
   hearing loss having a prognosis leading to this condition; and

   (C) For whom the combination of impairments described in clauses
   (c)(2)(i)(A) and (B) of this section cause extreme difficulty in
   attaining independence in daily life activities, achieving psychosocial
   adjustment, or obtaining a vocation.

   (ii) The definition in this paragraph also includes any individual who,
   despite the inability to be measured accurately for hearing and vision
   loss due to cognitive or behavioral constraints, or both, can be
   determined through functional and performance assessment to have severe
   hearing and visual disabilities that cause extreme difficulty in
   attaining independence in daily life activities, achieving psychosocial
   adjustment, or obtaining vocational objectives. An applicant's
   functional abilities with respect to using telecommunications, Internet
   access, and advanced communications services in various environments
   shall be considered when determining whether the individual is
   deaf-blind under clauses (c)(2)(i)(B) and (C) of this section.

   (d) Eligibility criteria (1) Verification of disability. Individuals
   claiming eligibility under the NDBEDP must provide verification of
   disability from a professional with direct knowledge of the
   individual's disability.

   (i) Such professionals may include, but are not limited to,
   community-based service providers, vision or hearing related
   professionals, vocational rehabilitation counselors, educators,
   audiologists, speech pathologists, hearing instrument specialists, and
   medical or health professionals.

   (ii) Such professionals must attest, either to the best of their
   knowledge or under penalty of perjury, that the applicant is an
   individual who is deaf-blind (as defined in 47 CFR 64.610(b)). Such
   professionals may also include, in the attestation, information about
   the individual's functional abilities to use telecommunications,
   Internet access, and advanced communications services in various
   settings.

   (iii) Existing documentation that a person is deaf-blind, such as an
   individualized education program (IEP) or a statement from a public or
   private agency, such as a Social Security determination letter, may
   serve as verification of disability.

   (iv) The verification of disability must include the attesting
   professional's name, title, and contact information, including address,
   phone number, and e-mail address.

   (2) Verification of low income status. An individual claiming
   eligibility under the NDBEDP must provide verification that he or she
   has an income that does not exceed 400 percent of the Federal Poverty
   Guidelines as defined at 42 U.S.C. 9902(2) or that he or she is
   enrolled in a federal program with a lesser income eligibility
   requirement, such as the Federal Public Housing Assistance or Section
   8; Supplemental Nutrition Assistance Program, formerly known as Food
   Stamps; Low Income Home Energy Assistance Program; Medicaid; National
   School Lunch Program's free lunch program; Supplemental Security
   Income; or Temporary Assistance for Needy Families. The NDBEDP
   Administrator may identify state or other federal programs with income
   eligibility thresholds that do not exceed 400 percent of the Federal
   Poverty Guidelines for determining income eligibility for participation
   in the NDBEDP. Where an applicant is not already enrolled in a
   qualifying low-income program, low-income eligibility may be verified
   by the certified program using appropriate and reasonable means.

   (3) Prohibition against requiring employment. No program certified
   under the NDBEDP may impose a requirement for eligibility in this
   program that an applicant be employed or actively seeking employment.

   (4) Access to communications services. A program certified under the
   NDBEDP may impose, as a program eligibility criterion, a requirement
   that telecommunications, Internet access, or advanced communications
   services are available for use by the applicant.

   (e) Equipment distribution and related services. (1) Each program
   certified under the NDBEDP must:

   (i) Distribute specialized CPE and provide related services needed to
   make telecommunications service, Internet access service, and advanced
   communications, including interexchange services or advanced
   telecommunications and information services, accessible to individuals
   who are deaf-blind;

   (ii) Obtain verification that NDBEDP applicants meet the definition of
   an individual who is deaf-blind contained in 47 CFR 64.610(c)(1) and
   the income eligibility requirements contained in 47 CFR 64.610(d)(2);

   (iii) When a recipient relocates to another state, permit transfer of
   the recipient's account and any control of the distributed equipment to
   the new state's certified program; (iv) Permit transfer of equipment
   from a prior state, by that state's NDBEDP certified program;

   [Reserved]

   (v) Prohibit recipients from transferring equipment received under the
   NDBEDP to another person through sale or otherwise;

   (vi) Conduct outreach, in accessible formats, to inform their state
   residents about the NDBEDP, which may include the development and
   maintenance of a program Web site;

   (vii) Engage an independent auditor to perform annual audits designed
   to detect and prevent fraud, waste, and abuse, and submit, as
   necessary, to audits arranged by the Commission, the Consumer and
   Governmental Affairs Bureau, the NDBEDP Administrator, or the TRS Fund
   Administrator for such purpose;

   (viii) Retain all records associated with the distribution of equipment
   and provision of related services under the NDBEDP for two years
   following the termination of the pilot program; and

   (ix) Comply with the reporting requirements contained in 47 CFR
   64.610(g).

   (2) Each program certified under the NDBEDP may not:

   (i) Impose restrictions on specific brands, models or types of
   communications technology that recipients may receive to access the
   communications services covered in this section;

   (ii) Disable or otherwise intentionally make it difficult for
   recipients to use certain capabilities, functions, or features on
   distributed equipment that are needed to access the communications
   services covered in this section, or direct manufacturers or vendors of
   specialized CPE to disable or make it difficult for recipients to use
   certain capabilities, functions, or features on distributed equipment
   that are needed to access the communications services covered in this
   section; or

   (iii) Accept any type of financial arrangement from equipment vendors
   that could incentivize the purchase of particular equipment.

   (f) Payments to NDBEDP certified programs. (1) Programs certified under
   the NDBEDP shall be reimbursed for the cost of equipment that has been
   distributed to eligible individuals and authorized related services, up
   to the state's funding allotment under this program as determined by
   the Commission or any entity authorized to act for the Commission on
   delegated authority.

   (2) Within 30 days after the end of each six-month period of the Fund
   Year, each program certified under the NDBEDP pilot must submit
   documentation that supports its claim for reimbursement of the
   reasonable costs of the following:

   (i) Equipment and related expenses, including maintenance, repairs,
   warranties, returns, refurbishing, upgrading, and replacing equipment
   distributed to consumers;

   (ii) Individual needs assessments;

   (iii) Installation of equipment and individualized consumer training;

   (iv) Maintenance of an inventory of equipment that can be loaned to the
   consumer during periods of equipment repair;

   (v) Outreach efforts to inform state residents about the NDBEDP; and

   (vi) Administration of the program, but not to exceed 15 percent of the
   total reimbursable costs for the distribution of equipment and related
   services permitted under the NDBEDP.

   (3) With each request for payment, the chief executive officer, chief
   financial officer, or other senior executive of the certified program,
   such as a manager or director, with first-hand knowledge of the
   accuracy and completeness of the claim in the request, must certify as
   follows:

   I swear under penalty of perjury that I am (name and title), an officer
   of the above-named reporting entity and that I have examined all cost
   data associated with equipment and related services for the claims
   submitted herein, and that all such data are true and an accurate
   statement of the affairs of the above-named certified program.

   (g) Reporting requirements. (1) Each program certified under the NDBEDP
   must submit the following data electronically to the Commission, as
   instructed by the NDBEDP Administrator, every six months, commencing
   with the start of the pilot program:

   (i) For each piece of equipment distributed, the identity of and
   contact information, including street and e-mail addresses, and phone
   number, for the individual receiving that equipment;

   (ii) For each piece of equipment distributed, the identity of and
   contact information, including street and e-mail addresses, and phone
   number, for the individual attesting to the disability of the
   individual who is deaf-blind;

   (iii) For each piece of equipment distributed, its name, serial number,
   brand, function, and cost, the type of communications service with
   which it is used, and the type of relay service it can access;

   (iv) For each piece of equipment distributed, the amount of time,
   following any assessment conducted, that the requesting individual
   waited to receive that equipment;

   (v) The cost, time and any other resources allocated to assessing an
   individual's equipment needs;

   (vi) The cost, time and any other resources allocated to installing
   equipment and training deaf-blind individuals on using equipment;

   (vii) The cost, time and any other resources allocated to maintain,
   repair, cover under warranty, and refurbish equipment;

   (viii) The cost, time and any other resources allocated to outreach
   activities related to the NDBEDP, and the type of outreach efforts
   undertaken;

   (ix) The cost, time and any other resources allocated to upgrading the
   distributed equipment, along with the nature of such upgrades;

   (x) To the extent that the program has denied equipment requests made
   by their deaf-blind residents, a summary of the number and types of
   equipment requests denied and reasons for such denials;

   (xi) To the extent that the program has received complaints related to
   the program, a summary of the number and types of such complaints and
   their resolution; and

   (xii) The number of qualified applicants on waiting lists to receive
   equipment.

   (2) With each report, the chief executive officer, chief financial
   officer, or other senior executive of the certified program, such as a
   director or manager, with first-hand knowledge of the accuracy and
   completeness of the information provided in the report, must certify as
   follows:

   I swear under penalty of perjury that I am (name and title), an officer
   of the above-named reporting entity and that I have examined the
   foregoing reports and that all requested information has been provided
   and all statements of fact are true and an accurate statement of the
   affairs of the above-named certified program.

   (h) Administration of the program. The Consumer and Governmental
   Affairs Bureau shall designate a Commission official as the NDBEDP
   Administrator.

   (1) The NDBEDP Administrator will work in collaboration with the TRS
   Fund Administrator, and be responsible for:

   (i) Reviewing program applications received from state EDPs and
   alternate entities and certifying those that qualify to participate in
   the program;

   (ii) Allocating NDBEDP funding as appropriate and in consultation with
   the TRS Fund Administrator;

   (iii) Reviewing certified program submissions for reimbursement of
   costs under the NDBEDP, in consultation with the TRS Fund
   Administrator;

   (iv) Working with Commission staff to establish and maintain an NDBEDP
   Web site, accessible to individuals with disabilities, that includes
   contact information for certified programs by state and links to their
   respective Web sites, if any, and overseeing other outreach efforts
   that may be undertaken by the Commission;

   (v) Obtaining, reviewing, and evaluating reported data for the purpose
   of assessing the pilot program and determining best practices;

   (vi) Conferring with stakeholders, jointly or separately, during the
   course of the pilot program to obtain input and feedback on, among
   other things, the effectiveness of the pilot program, new technologies,
   equipment and services that are needed, and suggestions for the
   permanent program;

   (vii) Working with Commission staff to adopt permanent rules for the
   NDBEDP; and

   (viii) Serving as the Commission point of contact for the NDBEDP,
   including responding to inquiries from certified programs and consumer
   complaints filed directly with the Commission.

   (2) The TRS Fund Administrator, as directed by the NDBEDP
   Administrator, shall have responsibility for:

   (i) Reviewing cost submissions and releasing funds for equipment that
   has been distributed and authorized related services, including
   outreach efforts;

   (ii) Releasing funds for other authorized purposes, as requested by the
   Commission or the Consumer and Governmental Affairs Bureau; and

   (iii) Collecting data as needed for delivery to the Commission and the
   NDBEDP Administrator.

   (i) Whistleblower protections. (1) NDBEDP certified programs shall
   permit, without reprisal in the form of an adverse personnel action,
   purchase or contract cancellation or discontinuance, eligibility
   disqualification, or otherwise, any current or former employee, agent,
   contractor, manufacturer, vendor, applicant, or recipient, to disclose
   to a designated official of the certified program, the NDBEDP
   Administrator, the TRS Fund Administrator, the Commission's Office of
   Inspector General, or to any federal or state law enforcement entity,
   any known or suspected violations of the Act or Commission rules, or
   any other activity that the reporting person reasonably believes to be
   unlawful, wasteful, fraudulent, or abusive, or that otherwise could
   result in the improper distribution of equipment, provision of
   services, or billing to the TRS Fund.

   (2) NDBEDP certified programs shall include these whistleblower
   protections with the information they provide about the program in any
   employee handbooks or manuals, on their Web sites, and in other
   appropriate publications.

   (j) Suspension or revocation of certification. (1) The Commission may
   suspend or revoke NDBEDP certification if, after notice and opportunity
   for hearing, the Commission determines that such certification is no
   longer warranted.

   (2) In the event of suspension or revocation, the Commission shall take
   such steps as may be necessary, consistent with this subpart, to ensure
   continuity of the NDBEDP for the state whose program has been suspended
   or revoked.

   (3) The Commission may, at its discretion and on its own motion,
   require a certified program to submit documentation demonstrating
   ongoing compliance with the Commission's rules if, for example, the
   Commission receives evidence that a state program may not be in
   compliance with those rules.

   (k) Expiration of rules. These rules will expire at the termination of
   the NDBEDP pilot program.

   [ 76 FR 26647 , May 9, 2011;  76 FR 31261 , May 31, 2011]

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