FCC Web Documents citing 54.604

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-804A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-804A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-804A1.txt
  • recommends that the Commission eliminate these sections in the context of ongoing rulemaking proceedings. The staff also recommends that the following provisions be updated: 47 C.F.R. §§ 54.5, 54.201-207, 54.303(b)(4), 54.5, 54.623, 54.901(b)(2), and references to 47 C.F.R. §§ 54.903(a), 54.903(c), 54.903(d), 54.903(e); and that the following provisions for which funding periods have expired be removed: 47 C.F.R. §§ 54.507(a)(1)-(2), 54.604(a)(2). The rules in Part 54 regarding the rural health care and the schools and libraries programs establish universal service mechanisms that ensure that consumers have access to affordable telecommunications services. The staff therefore finds that these rules are necessary in the public interest, and therefore should not be modified or eliminated as a result of meaningful economic competition at this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.txt
  • and the distribution of support. Finally, these rules establish recordkeeping and auditing requirements. Need: In implementing statutory requirements for the Rural Health Care support mechanism, these rules ensure that discounts are available to eligible rural health care providers for telecommunications services and monthly Internet access service charges. Legal Basis: 47 U.S.C. 254(h)(2)(A). Section Number and Title: 54.603 Competitive bid requirements. 54.604 Existing contracts. 54.605 Determining the urban rate. 54.609 Calculating support. 54.619 Audits and recordkeeping. 54.623 Cap. 54.625 Support for services beyond the maximum supported distance for rural health care providers. SUBPART H-ADMINISTRATION Brief Description: These rules specify the requirements regarding the Universal Service Administrative Company, as the permanent Administrator for the universal service support mechanism. These rules establish the Administrator's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A7.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A7.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A7.txt
  • C.F.R. § 54.603(b)(4)); it submitted paper copies to the USAC Administrator of the responses or bids received in response to the requested service(s) (47 C.F.R. § 54.603(b)(4)); and if using a previously existing contract for service(s), the contract is exempt from the competitive bid requirements set forth in 47 C.F.R. § 54.603(a) consistent with the requirements of 47 C.F.R. § 54.604. Audits and Recordkeeping -- the (name of Rural Health Care provider) asserts that: it maintained for its purchases of services supported under this subpart the same kind of procurement records that it maintained for other purchases (47 C.F.R. § 54.619(a)(1)(effective until March 16, 2004)), or, it maintained for its purchases of services supported, documentation for five years from the end
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-122A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-122A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-122A1.txt
  • § 54.603(b)(3). 47 C.F.R. § 54.603(b)(4). Id. Universal Service Order, 12 FCC Rcd at 9134, para. 688. Id. See supra para. 57. The most cost-effective method is defined as ``the method that costs the least after consideration of the features, quality of transmission, reliability, and other factors that the health care provider deems relevant . . .'' 47 C.F.R. § 54.604(b)(4). 47 C.F.R. § 54.619. 47 C.F.R. § 54.623(a). See 5 U.S.C. § 603. The RFA, see 5 U.S.C. §§ 601 - 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996). See 5 U.S.C. § 603(a). See 5 U.S.C. § 603(a). Universal Service Order, 12
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-337A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-337A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-337A1.txt
  • remain necessary to allow proper adjustment of certain prior funding commitments. We therefore propose to retain and update, rather than repeal, this section, and seek comment on this proposal. Subpart G - Universal Service Support for Health Care Providers. We propose to eliminate several sections in this subpart that appear to have expired by their own terms. For example, section 54.604(a)(2) addresses contracts signed after July 10, 1997 but ``before the date on which the universal service competitive bid system described in [section 54.603] is operational.'' Because it appears that this time period has expired, we propose to delete this provision. Similarly, sections 54.604(d), 54.623(b), and 54.623(c)(2) and (3) contain provisions that appear to no longer be applicable. We therefore seek
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-86A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-86A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-86A1.txt
  • Fourth Order, the Commission concluded that recovery actions should be directed to the party or parties that committed the rule or statutory violation in question, including service providers and program beneficiaries. Subpart G - Universal Service Support for Health Care Providers. The Commission proposed the elimination of several sections that appear to have expired by their own terms - sections 54.604(a)(2) and (d), and sections 54.623(c)(2) through (3). The Commission also proposed modification of section 54.623(b) and (c)(4). No parties submitted comments related to these sections. We therefore eliminate sections 54.604(a)(2) and (d) and 54.623(c)(2) through (3) as expired. Additionally, we modify section 54.623(b) to eliminate an outdated reference to the already-passed initiation of the rural health care mechanism, and to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-125A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-125A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-125A1.txt
  • follows: Authority: 47 U.S.C. 151, 154(i), 201, 205, 214, and 254 unless otherwise noted. 2. After giving effect to the amendments proposed herein, the un-numbered index for Subpart G would read as follows: DEFINED TERMS AND ELIGIBILITY § 54.600 Index of defined terms. § 54.601 Eligibility. § 54.602 Eligible services. § 54.603 Competitive bid and certification requirements. TELECOMMUNICATIONS PROGRAM § 54.604 Telecommunications services. § 54.605 Determining the urban rate. § 54.607 Determining the rural rate. § 54.609 Calculating support. § 54.611 Election to offset support against annual USF contribution. § 54.613 Limitations on supported services for rural health care providers. § 54.615 Obtaining services. § 54.625 Support for services beyond the maximum supported distance for rural health care providers. HEALTH BROADBAND
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992983.doc
  • receive the benefits of the program. The Commission concluded, among other things, that it would not be in the public interest to penalize rural health care providers that had already entered into contracts for service, by refusing to allow them to receive the benefits of support for eligible services that they were receiving pursuant to an existing contract. Accordingly, section 54.604(a) of the Commission's rules states that contracts signed on or before July 10, 1997 are exempt from the competitive bidding requirements for the life of the contract; and contracts signed after July 10, 1997, but before January 30, 1998, are exempt with respect to services provided between January 1, 1998 and June 30, 1999. On June 8, 1998, RHCD received
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000528.doc
  • care provider is seeking support. The Administrator must post this information on its web site, and the rural health care provider must wait at least 28 days from the date on which its information is posted before making commitments with the selected telecommunications carrier(s). The Commission concluded, however, that rural health care providers need not renegotiate existing contracts. Accordingly, section 54.604(a) of the Commission's rules states that contracts signed on or before July 10, 1997 are exempt from the competitive bidding requirements for the life of the contract; and contracts signed after July 10, 1997, but before January 30, 1998, are exempt with respect to services provided between January 1, 1998 and June 30, 1999. On May 18, 1998, RHCD received
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001563.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001563.txt
  • days from the date on which its information is posted before making commitments with the selected telecommunications carrier(s). The Commission's rules provide, however, that under certain circumstances rural health care providers need not renegotiate existing contracts, and therefore, they could obtain support for telecommunications services received from a carrier selected before the expiration of the 28-day posting period. Specifically, section 54.604(a) of the Commission's rules states that contracts signed on or before July 10, 1997 are exempt from the competitive bidding requirements for the life of the contract; and contracts signed after July 10, 1997, but before January 30, 1998, are exempt with respect to services provided between January 1, 1998 and June 30, 1999. Good Samaritan sent a letter to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-804A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-804A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-804A1.txt
  • recommends that the Commission eliminate these sections in the context of ongoing rulemaking proceedings. The staff also recommends that the following provisions be updated: 47 C.F.R. §§ 54.5, 54.201-207, 54.303(b)(4), 54.5, 54.623, 54.901(b)(2), and references to 47 C.F.R. §§ 54.903(a), 54.903(c), 54.903(d), 54.903(e); and that the following provisions for which funding periods have expired be removed: 47 C.F.R. §§ 54.507(a)(1)-(2), 54.604(a)(2). The rules in Part 54 regarding the rural health care and the schools and libraries programs establish universal service mechanisms that ensure that consumers have access to affordable telecommunications services. The staff therefore finds that these rules are necessary in the public interest, and therefore should not be modified or eliminated as a result of meaningful economic competition at this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.txt
  • and the distribution of support. Finally, these rules establish recordkeeping and auditing requirements. Need: In implementing statutory requirements for the Rural Health Care support mechanism, these rules ensure that discounts are available to eligible rural health care providers for telecommunications services and monthly Internet access service charges. Legal Basis: 47 U.S.C. 254(h)(2)(A). Section Number and Title: 54.603 Competitive bid requirements. 54.604 Existing contracts. 54.605 Determining the urban rate. 54.609 Calculating support. 54.619 Audits and recordkeeping. 54.623 Cap. 54.625 Support for services beyond the maximum supported distance for rural health care providers. SUBPART H-ADMINISTRATION Brief Description: These rules specify the requirements regarding the Universal Service Administrative Company, as the permanent Administrator for the universal service support mechanism. These rules establish the Administrator's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A7.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A7.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A7.txt
  • C.F.R. § 54.603(b)(4)); it submitted paper copies to the USAC Administrator of the responses or bids received in response to the requested service(s) (47 C.F.R. § 54.603(b)(4)); and if using a previously existing contract for service(s), the contract is exempt from the competitive bid requirements set forth in 47 C.F.R. § 54.603(a) consistent with the requirements of 47 C.F.R. § 54.604. Audits and Recordkeeping -- the (name of Rural Health Care provider) asserts that: it maintained for its purchases of services supported under this subpart the same kind of procurement records that it maintained for other purchases (47 C.F.R. § 54.619(a)(1)(effective until March 16, 2004)), or, it maintained for its purchases of services supported, documentation for five years from the end
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-122A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-122A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-122A1.txt
  • § 54.603(b)(3). 47 C.F.R. § 54.603(b)(4). Id. Universal Service Order, 12 FCC Rcd at 9134, para. 688. Id. See supra para. 57. The most cost-effective method is defined as ``the method that costs the least after consideration of the features, quality of transmission, reliability, and other factors that the health care provider deems relevant . . .'' 47 C.F.R. § 54.604(b)(4). 47 C.F.R. § 54.619. 47 C.F.R. § 54.623(a). See 5 U.S.C. § 603. The RFA, see 5 U.S.C. §§ 601 - 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996). See 5 U.S.C. § 603(a). See 5 U.S.C. § 603(a). Universal Service Order, 12
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-337A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-337A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-337A1.txt
  • remain necessary to allow proper adjustment of certain prior funding commitments. We therefore propose to retain and update, rather than repeal, this section, and seek comment on this proposal. Subpart G - Universal Service Support for Health Care Providers. We propose to eliminate several sections in this subpart that appear to have expired by their own terms. For example, section 54.604(a)(2) addresses contracts signed after July 10, 1997 but ``before the date on which the universal service competitive bid system described in [section 54.603] is operational.'' Because it appears that this time period has expired, we propose to delete this provision. Similarly, sections 54.604(d), 54.623(b), and 54.623(c)(2) and (3) contain provisions that appear to no longer be applicable. We therefore seek
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-86A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-86A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-86A1.txt
  • Fourth Order, the Commission concluded that recovery actions should be directed to the party or parties that committed the rule or statutory violation in question, including service providers and program beneficiaries. Subpart G - Universal Service Support for Health Care Providers. The Commission proposed the elimination of several sections that appear to have expired by their own terms - sections 54.604(a)(2) and (d), and sections 54.623(c)(2) through (3). The Commission also proposed modification of section 54.623(b) and (c)(4). No parties submitted comments related to these sections. We therefore eliminate sections 54.604(a)(2) and (d) and 54.623(c)(2) through (3) as expired. Additionally, we modify section 54.623(b) to eliminate an outdated reference to the already-passed initiation of the rural health care mechanism, and to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-125A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-125A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-125A1.txt
  • follows: Authority: 47 U.S.C. 151, 154(i), 201, 205, 214, and 254 unless otherwise noted. 2. After giving effect to the amendments proposed herein, the un-numbered index for Subpart G would read as follows: DEFINED TERMS AND ELIGIBILITY § 54.600 Index of defined terms. § 54.601 Eligibility. § 54.602 Eligible services. § 54.603 Competitive bid and certification requirements. TELECOMMUNICATIONS PROGRAM § 54.604 Telecommunications services. § 54.605 Determining the urban rate. § 54.607 Determining the rural rate. § 54.609 Calculating support. § 54.611 Election to offset support against annual USF contribution. § 54.613 Limitations on supported services for rural health care providers. § 54.615 Obtaining services. § 54.625 Support for services beyond the maximum supported distance for rural health care providers. HEALTH BROADBAND
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992983.doc
  • receive the benefits of the program. The Commission concluded, among other things, that it would not be in the public interest to penalize rural health care providers that had already entered into contracts for service, by refusing to allow them to receive the benefits of support for eligible services that they were receiving pursuant to an existing contract. Accordingly, section 54.604(a) of the Commission's rules states that contracts signed on or before July 10, 1997 are exempt from the competitive bidding requirements for the life of the contract; and contracts signed after July 10, 1997, but before January 30, 1998, are exempt with respect to services provided between January 1, 1998 and June 30, 1999. On June 8, 1998, RHCD received
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000528.doc
  • care provider is seeking support. The Administrator must post this information on its web site, and the rural health care provider must wait at least 28 days from the date on which its information is posted before making commitments with the selected telecommunications carrier(s). The Commission concluded, however, that rural health care providers need not renegotiate existing contracts. Accordingly, section 54.604(a) of the Commission's rules states that contracts signed on or before July 10, 1997 are exempt from the competitive bidding requirements for the life of the contract; and contracts signed after July 10, 1997, but before January 30, 1998, are exempt with respect to services provided between January 1, 1998 and June 30, 1999. On May 18, 1998, RHCD received
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001563.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001563.txt
  • days from the date on which its information is posted before making commitments with the selected telecommunications carrier(s). The Commission's rules provide, however, that under certain circumstances rural health care providers need not renegotiate existing contracts, and therefore, they could obtain support for telecommunications services received from a carrier selected before the expiration of the 28-day posting period. Specifically, section 54.604(a) of the Commission's rules states that contracts signed on or before July 10, 1997 are exempt from the competitive bidding requirements for the life of the contract; and contracts signed after July 10, 1997, but before January 30, 1998, are exempt with respect to services provided between January 1, 1998 and June 30, 1999. Good Samaritan sent a letter to