FCC Web Documents citing 54.619

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

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  • Support Mechanism, CC Docket No. 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808, 15823-24, para. 47 (requiring 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); 47 C.F.R. � 54.619. (...continued from previous page) (continued....) Federal Communications Commission DA 05-2484 Federal Communications Commission DA 05-2484 �@��� � 9 ` � � � - � � � � � � � � � � � � � � � � F ` b � � � � � �� b � � � � � � b � � � �
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  • 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 Numbers and Titles: 54.601 Eligibility. 54.603 Competitive bid requirements. 54.605 Determining the urban rate. 54.607 Determining the rural rate. 54.609 Calculating support. 54.611 Distributing support. 54.613 Limitations o0n supported services for rural health care providers. 54.615 Obtaining services. 54.617 Resale. 54.619 Audits and recordkeeping. 54.621 Access to advanced telecommunications and information services. 54.623 Cap. 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 functions and responsibilities, as well as, the composition of the Administrator's Board of Directors and
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  • 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 functions and responsibilities, as well as the composition of the Administrator's
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  • 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 of the funding year sufficient to establish compliance with all rules of 47 C.F.R. � 54.601 through 54.625 (47 C.F.R. � 54.619(a)(1)(as amended by Rural Health Care Support Mechanism, WC Docket 02-60, Report and Order, Order on Reconsideration, and Further
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  • � 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 FCC Rcd 8776, 9118-19,
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  • Law No. 104-106; Reports Consolidation Act of 2000, Public Law No. 106-531; Accountability of Tax Dollars Act of 2002, Public Law No. 107-289; and Improper Payments Information Act of 2002, Public Law No. 107-300. See Section 803 of the FFMIA, reprinted at 31 U.S.C. � 3512 note (1996) (Federal Financial Management Improvement). OMB Bulletin at 3. 47 C.F.R. �� 54.516, 54.619, 54.705(c)(iv), 54.707 and 64.604(c)(iii)(C). 47 C.F.R. � 54.717. See Debt Collection Improvement Act of 1996, Public Law No. 104-134, and Federal Financial Management Improvement Act of 1996, Public Law No. 104-208. 5 U.S.C. � 553(b)(3)(B). 5 U.S.C. � 553(b)(3)(A). See 5 U.S.C. � 801(a)(1)(A). See 5 U.S.C. � 604(b). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-232 Federal
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  • most cost-effective, commercially-available telecommunications service at a rate no higher than the highest urban rate, as defined in � 54.605, at a distance not to exceed the distance between the eligible health care provider's site and the farthest point on the jurisdictional boundary of the city in that state with the largest population. * * * * * Revise � 54.619 to read as follows: � 54.619 Audits and recordkeeping. (a) Health care providers. (1) Recordkeeping. Health care providers shall maintain for their purchases of services supported under this subpart documentation for five years from the end of the funding year sufficient to establish compliance with all rules in this subpart. Documentation must include, among other things, records of allocations for
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  • State of Alaska NPRM Reply at 2; NEA, ISTE and CoSN Joint. NPRM Reply at 7-8; and Siemens Enterprise Networks NPRM Reply at 3. See Task Force Recommendation at 4 (supporting imposition of a funding ceiling). 47 C.F.R. � 54.516(a). We note that we recently adopted such a rule for the rural health care support mechanism. See 47 C.F.R. � 54.619. 47 C.F.R. � 54.501(d)(3). Universal Service Order, 12 FCC Rcd at 9081 para. 581 (``We agree with the Joint Board recommendation that schools and libraries, as well as carriers, be required to maintain appropriate records necessary to assist in future audits.''). . Task Force Recommendation at 9 (recommending consultant disclosure and registration practices); see, e.g., E-rate Public Forum� Sprint Statement
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Rural Health Care Support Mechanism ) ) ) ) ) ) ) WC Docket No. 02-60 ORDER ON RECONSIDERATION Adopted: January 14, 2004 Released: January 16, 2004 By the Commission: In this order, we reconsider, on our own motion, the requirement in section 54.619(a)(4) of the Commission's rules that the Universal Service Administrative Company (USAC) submit to the Commission an annual report on the rural health care program on the first business day in May of each year. The Commission recently made a number of changes to the rural health care program to improve the program's effectiveness. The Commission, among other things, expanded the
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  • care provider is serving patients in rural areas. For example, if a mobile rural health care provider provides services at an urban location for four out of 52 weeks, the support will be reduced by 8 percent. If it serves an urban location 26 out of 52 weeks, the support will be reduced by 50 percent. In accordance with section 54.619(a), mobile rural health care providers must keep documentation explaining their allocation methods for five years and present that information to USAC upon request. We also direct USAC to evaluate the allocation methods selected by program participants in the course of its audit activities to ensure program integrity and to ensure that providers are complying with the program's certification requirements. Additionally,
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  • and Order, we clarified that schools, libraries, and service providers remain subject to both random audits and to other audits and or investigations to examine an entity's compliance with the statute and the Commission's rules. These audits and investigations may be initiated at the discretion of the Commission, the Commission's OIG, USAC, or another authorized governmental oversight body. Similarly, section 54.619(c) of the Commission's rules subjects health care providers to random compliance audits. The Schools and Libraries Fifth Report and Order also concluded that failing to comply with an authorized audit or other investigation, such as failing to retain records or failing to make available required documentation, would constitute a rule violation that may warrant recovery of universal service moneys that
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  • mechanism for three (3) years from the date of debarment. The Commission may, if necessary to protect the public interest, set a longer period of debarment or extend the existing period of debarment. If multiple convictions or judgments have been rendered, the Commission shall determine based on the facts before it whether debarments shall run concurrently or consecutively. 5. Section 54.619 is amended by adding new subsection (d) as follows: * * * (d) Service providers. Service providers shall retain documents related to the delivery of discounted telecommunications and other supported services for at least 5 years after the last day of the delivery of discounted services. Any other document that demonstrates compliance with the statutory or regulatory requirements for the
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  • above, for purposes of this Pilot Program we define ``household'' as one adult and his/her dependants living together in the same residence. See supra paras 80-84; Hurricane Katrina Order, 20 FCC Rcd at 16890, para. 12. See 47 C.F.R. � 54.405. 47 C.F.R. � 54.400-.417. See 47 C.F.R. � 54.417(a). See 47 C.F.R. �� 54.410, 54.416. See 47 C.F.R. � 54.619; Comprehensive Review Report and Order, 22 FCC Rcd at 16387, para. 26. This includes presenting personnel to testify, under oath, at a deposition if requested by the Office of Inspector General. We intend that funds disbursed in violation of a Commission rule that implements section 254 or a substantive program goal will be recovered. Sanctions, including enforcement action, are appropriate
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  • if the requester is a mobile rural health care provider requesting services under � 54.609(e), that the requester has certified that it is serving eligible rural areas (3) Deleted; (4) * * * (5) * * * (6) * * * (7) * * * (d) * * * 15. Redesignate Section 54.617 [Resale] as Section 54.671. 16. Redesignate Section 54.619 [Audits and recordkeeping] as Section 54.673. 17. Remove Section 54.621[Access to advanced telecommunications and information services]. 18. Redesignate Section 54.623 [Cap] as Section 54.675. 19. Amend Section 54.625 to revise the section heading and revise paragraphs (a), (b) and (c), to read as follows: � 54.625 Support for telecommunications services beyond the maximum supported distance for rural health care providers.
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  • 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 funding year
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  • 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 funding year
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd040116.html
  • 02-14). Action by: Assistant Chief, Audio Division, Media Bureau. Adopted: 01/14/2004 by R&O. (DA No. 04-29). MB [45]DA-04-29A1.doc [46]DA-04-29A1.pdf [47]DA-04-29A1.txt TELEPHONE NUMBER PORTABILITY. Granted a limited waiver of the wireline-to-wireless porting requirement. (Dkt No. 95-116). Action by: the Commission. Adopted: 01/13/2004 by ORDER. (FCC No. 04-12). WCB [48]FCC-04-12A1.doc [49]FCC-04-12A1.pdf [50]FCC-04-12A1.txt RURAL HEALTH CARE SUPPORT MECHANISM. Reconsidered the requirement in section 54.619(a)(4) of the Commission's rules that the Universal Service Administrative Company submit to the Commission an annual report. (Dkt No. 02-60). Action by: the Commission. Adopted: 01/14/2004 by Order on Reconsideration. (FCC No. 04-15). WCB [51]FCC-04-15A1.doc [52]FCC-04-15A1.pdf [53]FCC-04-15A1.txt JURISDICTIONAL SEPARATIONS REFORM AND REFERRAL TO THE FEDERAL-STATE JOINT BOARD. Adopted modifications to the Commission's Part 36 Jurisdictional Separations Rules to conform those
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  • Support Mechanism, CC Docket No. 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808, 15823-24, para. 47 (requiring 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); 47 C.F.R. � 54.619. (...continued from previous page) (continued....) Federal Communications Commission DA 05-2484 Federal Communications Commission DA 05-2484 �@��� � 9 ` � � � - � � � � � � � � � � � � � � � � F ` b � � � � � �� b � � � � � � b � � � �
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  • 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 Numbers and Titles: 54.601 Eligibility. 54.603 Competitive bid requirements. 54.605 Determining the urban rate. 54.607 Determining the rural rate. 54.609 Calculating support. 54.611 Distributing support. 54.613 Limitations o0n supported services for rural health care providers. 54.615 Obtaining services. 54.617 Resale. 54.619 Audits and recordkeeping. 54.621 Access to advanced telecommunications and information services. 54.623 Cap. 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 functions and responsibilities, as well as, the composition of the Administrator's Board of Directors and
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  • 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 functions and responsibilities, as well as the composition of the Administrator's
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  • 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 of the funding year sufficient to establish compliance with all rules of 47 C.F.R. � 54.601 through 54.625 (47 C.F.R. � 54.619(a)(1)(as amended by Rural Health Care Support Mechanism, WC Docket 02-60, Report and Order, Order on Reconsideration, and Further
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  • � 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 FCC Rcd 8776, 9118-19,
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  • Law No. 104-106; Reports Consolidation Act of 2000, Public Law No. 106-531; Accountability of Tax Dollars Act of 2002, Public Law No. 107-289; and Improper Payments Information Act of 2002, Public Law No. 107-300. See Section 803 of the FFMIA, reprinted at 31 U.S.C. � 3512 note (1996) (Federal Financial Management Improvement). OMB Bulletin at 3. 47 C.F.R. �� 54.516, 54.619, 54.705(c)(iv), 54.707 and 64.604(c)(iii)(C). 47 C.F.R. � 54.717. See Debt Collection Improvement Act of 1996, Public Law No. 104-134, and Federal Financial Management Improvement Act of 1996, Public Law No. 104-208. 5 U.S.C. � 553(b)(3)(B). 5 U.S.C. � 553(b)(3)(A). See 5 U.S.C. � 801(a)(1)(A). See 5 U.S.C. � 604(b). (...continued from previous page) (continued....) Federal Communications Commission FCC 03-232 Federal
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  • most cost-effective, commercially-available telecommunications service at a rate no higher than the highest urban rate, as defined in � 54.605, at a distance not to exceed the distance between the eligible health care provider's site and the farthest point on the jurisdictional boundary of the city in that state with the largest population. * * * * * Revise � 54.619 to read as follows: � 54.619 Audits and recordkeeping. (a) Health care providers. (1) Recordkeeping. Health care providers shall maintain for their purchases of services supported under this subpart documentation for five years from the end of the funding year sufficient to establish compliance with all rules in this subpart. Documentation must include, among other things, records of allocations for
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  • State of Alaska NPRM Reply at 2; NEA, ISTE and CoSN Joint. NPRM Reply at 7-8; and Siemens Enterprise Networks NPRM Reply at 3. See Task Force Recommendation at 4 (supporting imposition of a funding ceiling). 47 C.F.R. � 54.516(a). We note that we recently adopted such a rule for the rural health care support mechanism. See 47 C.F.R. � 54.619. 47 C.F.R. � 54.501(d)(3). Universal Service Order, 12 FCC Rcd at 9081 para. 581 (``We agree with the Joint Board recommendation that schools and libraries, as well as carriers, be required to maintain appropriate records necessary to assist in future audits.''). . Task Force Recommendation at 9 (recommending consultant disclosure and registration practices); see, e.g., E-rate Public Forum� Sprint Statement
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Rural Health Care Support Mechanism ) ) ) ) ) ) ) WC Docket No. 02-60 ORDER ON RECONSIDERATION Adopted: January 14, 2004 Released: January 16, 2004 By the Commission: In this order, we reconsider, on our own motion, the requirement in section 54.619(a)(4) of the Commission's rules that the Universal Service Administrative Company (USAC) submit to the Commission an annual report on the rural health care program on the first business day in May of each year. The Commission recently made a number of changes to the rural health care program to improve the program's effectiveness. The Commission, among other things, expanded the
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  • care provider is serving patients in rural areas. For example, if a mobile rural health care provider provides services at an urban location for four out of 52 weeks, the support will be reduced by 8 percent. If it serves an urban location 26 out of 52 weeks, the support will be reduced by 50 percent. In accordance with section 54.619(a), mobile rural health care providers must keep documentation explaining their allocation methods for five years and present that information to USAC upon request. We also direct USAC to evaluate the allocation methods selected by program participants in the course of its audit activities to ensure program integrity and to ensure that providers are complying with the program's certification requirements. Additionally,
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  • and Order, we clarified that schools, libraries, and service providers remain subject to both random audits and to other audits and or investigations to examine an entity's compliance with the statute and the Commission's rules. These audits and investigations may be initiated at the discretion of the Commission, the Commission's OIG, USAC, or another authorized governmental oversight body. Similarly, section 54.619(c) of the Commission's rules subjects health care providers to random compliance audits. The Schools and Libraries Fifth Report and Order also concluded that failing to comply with an authorized audit or other investigation, such as failing to retain records or failing to make available required documentation, would constitute a rule violation that may warrant recovery of universal service moneys that
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  • mechanism for three (3) years from the date of debarment. The Commission may, if necessary to protect the public interest, set a longer period of debarment or extend the existing period of debarment. If multiple convictions or judgments have been rendered, the Commission shall determine based on the facts before it whether debarments shall run concurrently or consecutively. 5. Section 54.619 is amended by adding new subsection (d) as follows: * * * (d) Service providers. Service providers shall retain documents related to the delivery of discounted telecommunications and other supported services for at least 5 years after the last day of the delivery of discounted services. Any other document that demonstrates compliance with the statutory or regulatory requirements for the
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  • above, for purposes of this Pilot Program we define ``household'' as one adult and his/her dependants living together in the same residence. See supra paras 80-84; Hurricane Katrina Order, 20 FCC Rcd at 16890, para. 12. See 47 C.F.R. � 54.405. 47 C.F.R. � 54.400-.417. See 47 C.F.R. � 54.417(a). See 47 C.F.R. �� 54.410, 54.416. See 47 C.F.R. � 54.619; Comprehensive Review Report and Order, 22 FCC Rcd at 16387, para. 26. This includes presenting personnel to testify, under oath, at a deposition if requested by the Office of Inspector General. We intend that funds disbursed in violation of a Commission rule that implements section 254 or a substantive program goal will be recovered. Sanctions, including enforcement action, are appropriate
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  • if the requester is a mobile rural health care provider requesting services under � 54.609(e), that the requester has certified that it is serving eligible rural areas (3) Deleted; (4) * * * (5) * * * (6) * * * (7) * * * (d) * * * 15. Redesignate Section 54.617 [Resale] as Section 54.671. 16. Redesignate Section 54.619 [Audits and recordkeeping] as Section 54.673. 17. Remove Section 54.621[Access to advanced telecommunications and information services]. 18. Redesignate Section 54.623 [Cap] as Section 54.675. 19. Amend Section 54.625 to revise the section heading and revise paragraphs (a), (b) and (c), to read as follows: � 54.625 Support for telecommunications services beyond the maximum supported distance for rural health care providers.
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  • 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 funding year
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  • 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 funding year
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd040116.html
  • 02-14). Action by: Assistant Chief, Audio Division, Media Bureau. Adopted: 01/14/2004 by R&O. (DA No. 04-29). MB [45]DA-04-29A1.doc [46]DA-04-29A1.pdf [47]DA-04-29A1.txt TELEPHONE NUMBER PORTABILITY. Granted a limited waiver of the wireline-to-wireless porting requirement. (Dkt No. 95-116). Action by: the Commission. Adopted: 01/13/2004 by ORDER. (FCC No. 04-12). WCB [48]FCC-04-12A1.doc [49]FCC-04-12A1.pdf [50]FCC-04-12A1.txt RURAL HEALTH CARE SUPPORT MECHANISM. Reconsidered the requirement in section 54.619(a)(4) of the Commission's rules that the Universal Service Administrative Company submit to the Commission an annual report. (Dkt No. 02-60). Action by: the Commission. Adopted: 01/14/2004 by Order on Reconsideration. (FCC No. 04-15). WCB [51]FCC-04-15A1.doc [52]FCC-04-15A1.pdf [53]FCC-04-15A1.txt JURISDICTIONAL SEPARATIONS REFORM AND REFERRAL TO THE FEDERAL-STATE JOINT BOARD. Adopted modifications to the Commission's Part 36 Jurisdictional Separations Rules to conform those