§ 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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