FCC Web Documents citing 54.516

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3851A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3851A2.txt
  • outside auditing firms to conduct beneficiary audits. The FCC OIG and the OIGs of the U.S. Department of Interior and the U.S. Department of 1 See Schools and Libraries Universal Service Support Mechanism, , CC Docket No. 02-6, FCC 04-190, Fifth Report and Order, FCC 04-190 (2004)( Fifth Report and Order). 2 Id. ¶ 74. 3 See 47 C.F.R. § 54.516. October 28, 2004 Page 1 of 11 Universal Service Administrative Company Schools and Libraries Support Mechanism Proposed Audit Resolution Plan for Schools and Libraries Support Mechanism Auditees Education have performed and are performing beneficiary audits. These audits have been both targeted and random. Planning Once the auditee has been selected, relevant underlying documentation is provided to the auditors. The auditors
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  • access, and internal connections. Legal Basis: 47 U.S.C. 254(h)(1)(B). Section Numbers and Titles: 54.500 Terms and definitions. 54.501 Eligibility for services provided by telecommunications carriers. 54.502 Supported telecommunications services. 54.503 Other supported special services. 54.504 Requests for services. 54.505 Discounts. 54.507 Cap. 54.509 Adjustments to the discount matrix. 54.511 Ordering services. 54.513 Resale and transfer of services. 54.515 Distributing support. 54.516 Auditing. 54.517 Services provided by non-telecommunications carriers. SUBPART G-UNIVERSAL SERVICE SUPPORT FOR HEALTH CARE PROVIDERS Brief Description: These rules specify the requirements for participation in the Rural Health Program of the Universal Service support mechanism. The rules establish the requirements for eligible health care providers, and the services eligible for discounted support. The rules also establish procedures for the application
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  • FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT&T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000); see also 47 C.F.R. §§ 54.501-54.503. See Universal Service Order, 12 FCC Rcd at 305-06, para. 581; see also 47 C.F.R. § 54.516 (1997). See Universal Service Order, 12 FCC Rcd at 305-06, para. 581. Id. Id. See Letter from Wayne Scott, Internal Audit Division of USAC, to John Glendon, New Haven Free Public Library (dated Oct. 16, 2003). Id. at 2. Id. at 1. See Letter from James Welbourne, New Haven Free Public Library, to Schools and Libraries Division of USAC, SLD
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  • and consortia that include eligible schools and libraries receive discounts for eligible telecommunications services, Internet access, and internal connections. Legal Basis: 47 U.S.C. 254(h)(1)(B). Section Number and Title: 54.502 Supported telecommunications services. 54.503 Other supported special services. 54.504 Requests for services. 54.505 Discounts. 54.506 Internal connections. 54.507 Cap. 54.509 Adjustments to the discount matrix. 54.511 Ordering services. 54.515 Distributing support. 54.516 Auditing. 54.517 Services provided by non-telecommunications carriers. 54.518 Support for wide area networks. 54.519 State telecommunications networks. SUBPART G-UNIVERSAL SERVICE SUPPORT FOR HEALTH CARE PROVIDERS Brief Description: These rules specify the requirements for participation in the Rural Health Care Program of the universal service support mechanism. The rules establish the requirements for eligible health care providers, and the services eligible
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  • that some equipment is still in its original packaging and has not been installed). 54.507(d), setting forth the implementation deadline for non-recurring services. 54.504(b), 54.504(b)(2)(ii), requiring applicants to use services and equipment only for educational purposes. Recovery depends on the individual situation. 12. Could not locate equipment. 54.504(b), 54.504(b)(2)(ii), requiring applicants to use services and equipment only for educational purposes. 54.516(a), requiring applicants to 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 5 years. Recover. Table A contained scenarios that were specifically addressed in the Schools and Libraries Fifth Report and Order and in which there was a specific reference in the Schools and
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  • the year ended September 30, 2005 on our behalf relative to FRN xxxxxxx and the related Funding Year 2004 application for funding and service provider selection for such FRN: A. General Matters - The District: maintained for its purchases of telecommunications and other supported services at discounted rates the kind of procurement records that it maintains for other purchases (Section 54.516 (a) which was effective from July 17, 1997 through November 12, 2004) retained, to date, all documents related to the application for, receipt, and delivery of discounted telecommunications and other supported services, to the extent there were such documents, and retained any other document that demonstrates compliance with the statutory or regulatory requirements for the schools and libraries mechanism (Sections
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  • the Administrators, or by any independent auditor hired by the Administrators, of the beneficiaries of the Funds, contributors to those Funds, or any other providers of services under the universal service support mechanisms and the TRS program, must be done in accordance with GAGAS. For example, audits conducted of beneficiaries of the schools and libraries support mechanism pursuant to section 54.516 of the Commission's rules must follow GAGAS. In contrast, audits conducted of the Administrators may be conducted according to generally accepted auditing standards (GAAS). For example, the required audit of the Universal Service Fund Administrator pursuant to section 54.717 of the Commission's rules may continue to be conducted according to GAAS. Similarly, any audit of the TRS Fund Administrator may
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  • If an eligible service or equipment component of a service is transferred due to the permanent or temporary closure of a school or library, the transferor must notify the Administrator of the transfer, and both the transferor and recipient must maintain detailed records documenting the transfer and the reason for the transfer for a period of five years. 7. Section 54.516 is amended by adding a sentence to paragraph (b) as follows: 54.516 Auditing. (a) * * * Schools and libraries shall be required to 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. 8. Section 54.522 is
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  • and improve the Commission's ability to enforce the rules governing the schools and libraries program. Discussion Most commenters addressing this issue support the adoption of a five-year record retention rule, but suggest that the Commission should provide clear guidance on what information needs to be retained for possible audits and/or reviews. We agree. Therefore, in this Order, we amend section 54.516 of our rules to require both applicants and service providers to retain all records related to the application for, receipt and delivery of discounted services for a period of five years after the last day of service delivered for a particular Funding Year. This rule change shall go into effect when this order becomes effective and, as such, will apply
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  • USTA's request concerning record-keeping responsibility under the schools and libraries program, we note that section 54.501(d)(3) of the Commission's rules provides that service providers shall keep and retain records of rates charged to and discounts allowed for eligible schools and libraries - on their own or as part of a consortium. In the Fifth Schools Order, the Commission amended section 54.516 of its rules to require both beneficiaries and service providers to retain all records related to the application for, receipt and delivery of discounted services for a period of five years after the last day of service delivered for a particular Funding Year. As a result, USTA's arguments in its petition concerning record-keeping are now moot. As for the proper
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  • Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.'') 47 C.F.R. § 54.713. See also NECA Changes Order, 12 FCC Rcd at 18442 n.165 (citing 47 U.S.C. §§ 206-209, 312, 403, 503). Schools and Libraries Fifth Report and Order, 19 FCC Rcd 15808. 47 C.F.R. § 54.516. See Schools and Libraries Fifth Report and Order, 19 FCC Rcd at 15813, ¶ 13. Schools and Libraries Fifth Report and Order, 19 FCC Rcd at 15813, ¶ 13. Id. As in previous orders, we use the term ``improperly disbursed funds'' to refer to an amount of money disbursed inconsistently with the statute or Commission rules. This amount may be
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  • 15813, ¶ 13. See also GAO 2005 E-Rate Report at 31. Schools and Libraries Fifth Report and Order, 19 FCC Rcd at 15813, ¶ 13. 47 C.F.R. § 54.707 (``the Administrator shall have the authority to audit contributors and carriers . . . .'') In addition, the USF Administrator is audited annually. See 47 C.F.R. § 54.717. 47 C.F.R. § 54.516. KPMG LLP recently completed its last round of one hundred schools and libraries audits, under the OIG's oversight. Over $11 million in improper payments were identified and USAC is currently in the process of recovering these funds. Program Management NPRM, 20 FCC Rcd at 11336-37, ¶ 68. See, e.g., ALA Comments at 34; CCSSO Comments at 7-8; Dobson Comments at
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  • Joint Board on Universal Service, CC Docket Nos. 96-45, 97-21, 02-6, Order on Reconsideration and Fourth Report and Order, 19 FCC Rcd 15252 (2004); Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Schools and Libraries Second Report and Order''). 47 C.F.R. § 54.516; see Schools and Libraries Fifth Report and Order, 19 FCC Rcd at 15813, ¶ 13. See, e.g., Letter from Maureen F. DelDuca, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Duane Maynard, Notice of Debarment, 18 FCC Rcd 26729 (2003). See Federal Communications Commission, Office of the Inspector General, Initial Statistical Analysis of Data from the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.txt
  • 6911, paras. 90, 92. 232 See Schools and Libraries Third Report and Order, 18 FCC Rcd at 26920, para. 19. 233 See Letter from Marijke Visser, American Library Association, to Marlene H. Dortch, Secretary, Federal Communications Commission, CC Docket No. 02-6 (dated Aug. 13, 2010). 234 E-rate Broadband NPRM at 6910-12, paras. 90, 93, 95-96. 235 See 47 C.F.R. § 54.516; see also 47 C.F.R. §54.513(c). 236 See E-rate Broadband NPRM at 6912, paras. 95-96. Federal Communications Commission FCC 10-175 37 82. Fourth, we decline to adopt, as a condition of compliance with our E-rate rules, a specific rule that the disposal process must comply with state and local laws.237 While we expect any schools and libraries disposing of obsolete equipment
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  • believe that is typically the function of an internal auditor, we do not preclude schools or libraries from having such a person make the declaration at their discretion. We believe this formal process will prevent applicants from disposing of equipment prematurely. We also propose that the formal declaration be subject to the Commission's document retention rules, as detailed in section 54.516. Third, we propose that schools and libraries notify USAC of the resale or trade of equipment funded via the E-rate program within 90 days of its disposal. We also propose that applicants be required to keep a record of the disposal for a period of five years following the disposal. To implement this requirement, we propose to revise the FCC
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  • AT&T, Inc. et al., Opposition to Motion for a Protective Order (June 1, 2009). See, e.g., TDI, Telecommunications for the Deaf and Hard of Hearing, Inc. et al., CG Docket No. 03-123, at 5-7 (June 6, 2009). See Section III, supra. See generally 47 C.F.R. 42.1 & 42.6 (preservation of records of communications common carrier); see e.g., 47 C.F.R. § 54.516(a) (requiring a five year record retention time period for the Universal Service Fund School and Libraries). Five years is the amount of time E-Rate eligible entities are required to retain records in accordance with section 54.516 of the Commission's rules. 47 C.F.R. § 54.516. We find these entities to be similarly situated to VRS providers seeking compensation from the Fund,
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  • request by the Commission. We do not anticipate that the Commission would request this information with any more frequency than it has before, and therefore do not see this rule provision as imposing any new burden. We find that the maintenance of the Internet safety policy should be in accordance with the existing audit and recordkeeping requirements of rule section 54.516(a) and existing certification number 10 on the FCC Form 486, which require schools and libraries to retain documents for at least five years after the last day of service delivered in a particular funding year. In applying this requirement to Internet safety policies, we conclude that a school or library should be required to retain its Internet safety policy documentation
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  • 254(e) (stating that only an ETC is ``eligible to receive specific Federal universal service support''). The low-income program is more widely known as Lifeline and Link Up. Service providers seeking universal service support through the schools and libraries program (otherwise known as E-rate) and the rural health care program need not be designated as ETCs. See 47 C.F.R. §§ 54.501, 54.516 (the E-rate program); §§ 54.603, 54.621 (the rural health care program). 47 U.S.C. § 214(e)(2); see Twelfth Report and Order, 15 FCC Rcd at 12255, para. 93. 47 U.S.C. § 214(e)(6); see, e.g., Virginia Cellular, LLC Petition for Designation as an Eligible Telecommunications Carrier for the Commonwealth of Virginia, CC Docket No. 96-45, Memorandum Opinion and Order, 19 FCC Rcd
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  • Comments at 27. CSDVRS Comments at 28; Verizon Comments at 3. We note that such audits may, as necessary, include on-site visits to the provider. See Appendix E for final rule. VRS Call Practices NPRM, 25 FCC Rcd at 6035, ¶57. Five years is the amount of time E-Rate eligible entities are required to retain records in accordance with section 54.516(a)(2) of the Commission's rules. 47 C.F.R. § 54.516(a)(2). We find these entities to be similarly situated to VRS providers seeking compensation from the Fund, and therefore conclude that we should adopt an analogous document retention time requirement. Id. We did not see the need to apply this requirement to traditional TRS providers because these providers are subject to rigorous recording
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.wp
  • remain under the cap at the end of the funding year in which discounts have been reduced below those set in the matrices above, the Administrator shall inform 4 the Schools and Libraries Corporation of such remaining funds. The Schools and Libraries Corporation then shall consult with the Commission to establish the best way to distribute those funds. 10. Section 54.516 is amended by revising paragraph (b) to read as follows: * * * * * (b) Production of Records. Schools and libraries shall produce such records at the request of any auditor appointed by a state education department, the Schools and Libraries Corporation, or any state or federal agency with jurisdiction. * * * * * 11. Section 54.603 is
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  • service providers, are subject to compliance 146 review and must maintain records necessary to assist in audits, as provided in our Universal Service rules. These entities are required to produce their records at the request of the appointed auditor whether the auditor suspects fraud or other illegal conduct or is merely conducting a routine, random audit. See 47 C.F.R. §§ 54.516 & 54.619. See also Universal Service Order at paras. 581 and 728. Universal Service Order at para. 581. 147 We note, however, that the Commission retains independent authority to authorize the performance of audits 148 of schools and libraries. As established in the Universal Service rules, once there is only $250 million available to be committed in a 149 given
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  • remain under the cap at the end of the funding year in which discounts have been reduced below those set in the matrices above, the Administrator shall inform 4 the Schools and Libraries Corporation of such remaining funds. The Schools and Libraries Corporation then shall consult with the Commission to establish the best way to distribute those funds. 10. Section 54.516 is amended by revising paragraph (b) to read as follows: * * * * * (b) Production of Records. Schools and libraries shall produce such records at the request of any auditor appointed by a state education department, the Schools and Libraries Corporation, or any state or federal agency with jurisdiction. * * * * * 11. Section 54.603 is
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.wp
  • service providers, are subject to compliance 146 review and must maintain records necessary to assist in audits, as provided in our Universal Service rules. These entities are required to produce their records at the request of the appointed auditor whether the auditor suspects fraud or other illegal conduct or is merely conducting a routine, random audit. See 47 C.F.R. §§ 54.516 & 54.619. See also Universal Service Order at paras. 581 and 728. Universal Service Order at para. 581. 147 We note, however, that the Commission retains independent authority to authorize the performance of audits 148 of schools and libraries. As established in the Universal Service rules, once there is only $250 million available to be committed in a 149 given
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  • outside auditing firms to conduct beneficiary audits. The FCC OIG and the OIGs of the U.S. Department of Interior and the U.S. Department of 1 See Schools and Libraries Universal Service Support Mechanism, , CC Docket No. 02-6, FCC 04-190, Fifth Report and Order, FCC 04-190 (2004)( Fifth Report and Order). 2 Id. ¶ 74. 3 See 47 C.F.R. § 54.516. October 28, 2004 Page 1 of 11 Universal Service Administrative Company Schools and Libraries Support Mechanism Proposed Audit Resolution Plan for Schools and Libraries Support Mechanism Auditees Education have performed and are performing beneficiary audits. These audits have been both targeted and random. Planning Once the auditee has been selected, relevant underlying documentation is provided to the auditors. The auditors
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.txt
  • access, and internal connections. Legal Basis: 47 U.S.C. 254(h)(1)(B). Section Numbers and Titles: 54.500 Terms and definitions. 54.501 Eligibility for services provided by telecommunications carriers. 54.502 Supported telecommunications services. 54.503 Other supported special services. 54.504 Requests for services. 54.505 Discounts. 54.507 Cap. 54.509 Adjustments to the discount matrix. 54.511 Ordering services. 54.513 Resale and transfer of services. 54.515 Distributing support. 54.516 Auditing. 54.517 Services provided by non-telecommunications carriers. SUBPART G-UNIVERSAL SERVICE SUPPORT FOR HEALTH CARE PROVIDERS Brief Description: These rules specify the requirements for participation in the Rural Health Program of the Universal Service support mechanism. The rules establish the requirements for eligible health care providers, and the services eligible for discounted support. The rules also establish procedures for the application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2370A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2370A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2370A1.txt
  • FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT&T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000); see also 47 C.F.R. §§ 54.501-54.503. See Universal Service Order, 12 FCC Rcd at 305-06, para. 581; see also 47 C.F.R. § 54.516 (1997). See Universal Service Order, 12 FCC Rcd at 305-06, para. 581. Id. Id. See Letter from Wayne Scott, Internal Audit Division of USAC, to John Glendon, New Haven Free Public Library (dated Oct. 16, 2003). Id. at 2. Id. at 1. See Letter from James Welbourne, New Haven Free Public Library, to Schools and Libraries Division of USAC, SLD
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  • and consortia that include eligible schools and libraries receive discounts for eligible telecommunications services, Internet access, and internal connections. Legal Basis: 47 U.S.C. 254(h)(1)(B). Section Number and Title: 54.502 Supported telecommunications services. 54.503 Other supported special services. 54.504 Requests for services. 54.505 Discounts. 54.506 Internal connections. 54.507 Cap. 54.509 Adjustments to the discount matrix. 54.511 Ordering services. 54.515 Distributing support. 54.516 Auditing. 54.517 Services provided by non-telecommunications carriers. 54.518 Support for wide area networks. 54.519 State telecommunications networks. SUBPART G-UNIVERSAL SERVICE SUPPORT FOR HEALTH CARE PROVIDERS Brief Description: These rules specify the requirements for participation in the Rural Health Care Program of the universal service support mechanism. The rules establish the requirements for eligible health care providers, and the services eligible
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-86A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-86A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-86A1.txt
  • that some equipment is still in its original packaging and has not been installed). 54.507(d), setting forth the implementation deadline for non-recurring services. 54.504(b), 54.504(b)(2)(ii), requiring applicants to use services and equipment only for educational purposes. Recovery depends on the individual situation. 12. Could not locate equipment. 54.504(b), 54.504(b)(2)(ii), requiring applicants to use services and equipment only for educational purposes. 54.516(a), requiring applicants to 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 5 years. Recover. Table A contained scenarios that were specifically addressed in the Schools and Libraries Fifth Report and Order and in which there was a specific reference in the Schools and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A5.txt
  • the year ended September 30, 2005 on our behalf relative to FRN xxxxxxx and the related Funding Year 2004 application for funding and service provider selection for such FRN: A. General Matters - The District: maintained for its purchases of telecommunications and other supported services at discounted rates the kind of procurement records that it maintains for other purchases (Section 54.516 (a) which was effective from July 17, 1997 through November 12, 2004) retained, to date, all documents related to the application for, receipt, and delivery of discounted telecommunications and other supported services, to the extent there were such documents, and retained any other document that demonstrates compliance with the statutory or regulatory requirements for the schools and libraries mechanism (Sections
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  • the Administrators, or by any independent auditor hired by the Administrators, of the beneficiaries of the Funds, contributors to those Funds, or any other providers of services under the universal service support mechanisms and the TRS program, must be done in accordance with GAGAS. For example, audits conducted of beneficiaries of the schools and libraries support mechanism pursuant to section 54.516 of the Commission's rules must follow GAGAS. In contrast, audits conducted of the Administrators may be conducted according to generally accepted auditing standards (GAAS). For example, the required audit of the Universal Service Fund Administrator pursuant to section 54.717 of the Commission's rules may continue to be conducted according to GAAS. Similarly, any audit of the TRS Fund Administrator may
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  • If an eligible service or equipment component of a service is transferred due to the permanent or temporary closure of a school or library, the transferor must notify the Administrator of the transfer, and both the transferor and recipient must maintain detailed records documenting the transfer and the reason for the transfer for a period of five years. 7. Section 54.516 is amended by adding a sentence to paragraph (b) as follows: 54.516 Auditing. (a) * * * Schools and libraries shall be required to 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. 8. Section 54.522 is
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  • and improve the Commission's ability to enforce the rules governing the schools and libraries program. Discussion Most commenters addressing this issue support the adoption of a five-year record retention rule, but suggest that the Commission should provide clear guidance on what information needs to be retained for possible audits and/or reviews. We agree. Therefore, in this Order, we amend section 54.516 of our rules to require both applicants and service providers to retain all records related to the application for, receipt and delivery of discounted services for a period of five years after the last day of service delivered for a particular Funding Year. This rule change shall go into effect when this order becomes effective and, as such, will apply
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  • USTA's request concerning record-keeping responsibility under the schools and libraries program, we note that section 54.501(d)(3) of the Commission's rules provides that service providers shall keep and retain records of rates charged to and discounts allowed for eligible schools and libraries - on their own or as part of a consortium. In the Fifth Schools Order, the Commission amended section 54.516 of its rules to require both beneficiaries and service providers to retain all records related to the application for, receipt and delivery of discounted services for a period of five years after the last day of service delivered for a particular Funding Year. As a result, USTA's arguments in its petition concerning record-keeping are now moot. As for the proper
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  • Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.'') 47 C.F.R. § 54.713. See also NECA Changes Order, 12 FCC Rcd at 18442 n.165 (citing 47 U.S.C. §§ 206-209, 312, 403, 503). Schools and Libraries Fifth Report and Order, 19 FCC Rcd 15808. 47 C.F.R. § 54.516. See Schools and Libraries Fifth Report and Order, 19 FCC Rcd at 15813, ¶ 13. Schools and Libraries Fifth Report and Order, 19 FCC Rcd at 15813, ¶ 13. Id. As in previous orders, we use the term ``improperly disbursed funds'' to refer to an amount of money disbursed inconsistently with the statute or Commission rules. This amount may be
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  • 15813, ¶ 13. See also GAO 2005 E-Rate Report at 31. Schools and Libraries Fifth Report and Order, 19 FCC Rcd at 15813, ¶ 13. 47 C.F.R. § 54.707 (``the Administrator shall have the authority to audit contributors and carriers . . . .'') In addition, the USF Administrator is audited annually. See 47 C.F.R. § 54.717. 47 C.F.R. § 54.516. KPMG LLP recently completed its last round of one hundred schools and libraries audits, under the OIG's oversight. Over $11 million in improper payments were identified and USAC is currently in the process of recovering these funds. Program Management NPRM, 20 FCC Rcd at 11336-37, ¶ 68. See, e.g., ALA Comments at 34; CCSSO Comments at 7-8; Dobson Comments at
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  • Joint Board on Universal Service, CC Docket Nos. 96-45, 97-21, 02-6, Order on Reconsideration and Fourth Report and Order, 19 FCC Rcd 15252 (2004); Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Schools and Libraries Second Report and Order''). 47 C.F.R. § 54.516; see Schools and Libraries Fifth Report and Order, 19 FCC Rcd at 15813, ¶ 13. See, e.g., Letter from Maureen F. DelDuca, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Duane Maynard, Notice of Debarment, 18 FCC Rcd 26729 (2003). See Federal Communications Commission, Office of the Inspector General, Initial Statistical Analysis of Data from the
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  • 6911, paras. 90, 92. 232 See Schools and Libraries Third Report and Order, 18 FCC Rcd at 26920, para. 19. 233 See Letter from Marijke Visser, American Library Association, to Marlene H. Dortch, Secretary, Federal Communications Commission, CC Docket No. 02-6 (dated Aug. 13, 2010). 234 E-rate Broadband NPRM at 6910-12, paras. 90, 93, 95-96. 235 See 47 C.F.R. § 54.516; see also 47 C.F.R. §54.513(c). 236 See E-rate Broadband NPRM at 6912, paras. 95-96. Federal Communications Commission FCC 10-175 37 82. Fourth, we decline to adopt, as a condition of compliance with our E-rate rules, a specific rule that the disposal process must comply with state and local laws.237 While we expect any schools and libraries disposing of obsolete equipment
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  • believe that is typically the function of an internal auditor, we do not preclude schools or libraries from having such a person make the declaration at their discretion. We believe this formal process will prevent applicants from disposing of equipment prematurely. We also propose that the formal declaration be subject to the Commission's document retention rules, as detailed in section 54.516. Third, we propose that schools and libraries notify USAC of the resale or trade of equipment funded via the E-rate program within 90 days of its disposal. We also propose that applicants be required to keep a record of the disposal for a period of five years following the disposal. To implement this requirement, we propose to revise the FCC
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  • AT&T, Inc. et al., Opposition to Motion for a Protective Order (June 1, 2009). See, e.g., TDI, Telecommunications for the Deaf and Hard of Hearing, Inc. et al., CG Docket No. 03-123, at 5-7 (June 6, 2009). See Section III, supra. See generally 47 C.F.R. 42.1 & 42.6 (preservation of records of communications common carrier); see e.g., 47 C.F.R. § 54.516(a) (requiring a five year record retention time period for the Universal Service Fund School and Libraries). Five years is the amount of time E-Rate eligible entities are required to retain records in accordance with section 54.516 of the Commission's rules. 47 C.F.R. § 54.516. We find these entities to be similarly situated to VRS providers seeking compensation from the Fund,
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  • request by the Commission. We do not anticipate that the Commission would request this information with any more frequency than it has before, and therefore do not see this rule provision as imposing any new burden. We find that the maintenance of the Internet safety policy should be in accordance with the existing audit and recordkeeping requirements of rule section 54.516(a) and existing certification number 10 on the FCC Form 486, which require schools and libraries to retain documents for at least five years after the last day of service delivered in a particular funding year. In applying this requirement to Internet safety policies, we conclude that a school or library should be required to retain its Internet safety policy documentation
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  • 254(e) (stating that only an ETC is ``eligible to receive specific Federal universal service support''). The low-income program is more widely known as Lifeline and Link Up. Service providers seeking universal service support through the schools and libraries program (otherwise known as E-rate) and the rural health care program need not be designated as ETCs. See 47 C.F.R. §§ 54.501, 54.516 (the E-rate program); §§ 54.603, 54.621 (the rural health care program). 47 U.S.C. § 214(e)(2); see Twelfth Report and Order, 15 FCC Rcd at 12255, para. 93. 47 U.S.C. § 214(e)(6); see, e.g., Virginia Cellular, LLC Petition for Designation as an Eligible Telecommunications Carrier for the Commonwealth of Virginia, CC Docket No. 96-45, Memorandum Opinion and Order, 19 FCC Rcd
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  • Comments at 27. CSDVRS Comments at 28; Verizon Comments at 3. We note that such audits may, as necessary, include on-site visits to the provider. See Appendix E for final rule. VRS Call Practices NPRM, 25 FCC Rcd at 6035, ¶57. Five years is the amount of time E-Rate eligible entities are required to retain records in accordance with section 54.516(a)(2) of the Commission's rules. 47 C.F.R. § 54.516(a)(2). We find these entities to be similarly situated to VRS providers seeking compensation from the Fund, and therefore conclude that we should adopt an analogous document retention time requirement. Id. We did not see the need to apply this requirement to traditional TRS providers because these providers are subject to rigorous recording
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  • remain under the cap at the end of the funding year in which discounts have been reduced below those set in the matrices above, the Administrator shall inform 4 the Schools and Libraries Corporation of such remaining funds. The Schools and Libraries Corporation then shall consult with the Commission to establish the best way to distribute those funds. 10. Section 54.516 is amended by revising paragraph (b) to read as follows: * * * * * (b) Production of Records. Schools and libraries shall produce such records at the request of any auditor appointed by a state education department, the Schools and Libraries Corporation, or any state or federal agency with jurisdiction. * * * * * 11. Section 54.603 is
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  • service providers, are subject to compliance 146 review and must maintain records necessary to assist in audits, as provided in our Universal Service rules. These entities are required to produce their records at the request of the appointed auditor whether the auditor suspects fraud or other illegal conduct or is merely conducting a routine, random audit. See 47 C.F.R. §§ 54.516 & 54.619. See also Universal Service Order at paras. 581 and 728. Universal Service Order at para. 581. 147 We note, however, that the Commission retains independent authority to authorize the performance of audits 148 of schools and libraries. As established in the Universal Service rules, once there is only $250 million available to be committed in a 149 given
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  • remain under the cap at the end of the funding year in which discounts have been reduced below those set in the matrices above, the Administrator shall inform 4 the Schools and Libraries Corporation of such remaining funds. The Schools and Libraries Corporation then shall consult with the Commission to establish the best way to distribute those funds. 10. Section 54.516 is amended by revising paragraph (b) to read as follows: * * * * * (b) Production of Records. Schools and libraries shall produce such records at the request of any auditor appointed by a state education department, the Schools and Libraries Corporation, or any state or federal agency with jurisdiction. * * * * * 11. Section 54.603 is
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  • service providers, are subject to compliance 146 review and must maintain records necessary to assist in audits, as provided in our Universal Service rules. These entities are required to produce their records at the request of the appointed auditor whether the auditor suspects fraud or other illegal conduct or is merely conducting a routine, random audit. See 47 C.F.R. §§ 54.516 & 54.619. See also Universal Service Order at paras. 581 and 728. Universal Service Order at para. 581. 147 We note, however, that the Commission retains independent authority to authorize the performance of audits 148 of schools and libraries. As established in the Universal Service rules, once there is only $250 million available to be committed in a 149 given