[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Rules and Regulations]
[Pages 20553-20555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8133]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket No. 10-210; DA 12-430]
Relay Services for Deaf-Blind Individuals
AGENCY: Federal Communications Commission.
ACTION: Final rule; waiver of requirement.
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SUMMARY: In this document, the Commission conditionally waives the
requirement for National Deaf Blind Equipment Distribution Program
(NDBEDP) certified programs to submit reimbursement claims only once
every six months, to permit certified programs to submit reimbursement
claims as frequently as monthly. The Commission waives this requirement
for good cause shown, to reduce the financial burden on programs that
the Commission certifies to participate in the NDBEDP, and to better
enable selected participants to fully meet the needs of eligible low-
income, deaf-blind individuals in a timely manner.
DATES: This document is effective May 7, 2012, except the modified
reporting requirement in 47 CFR 64.610(f)(2), published at 76 FR 26641,
May 9, 2011, has not been approved by the Office of Management and
Budget (OMB). The modified information collection requirement shall
become effective when the Commission publishes a document in the
Federal Register announcing OMB approval and the effective date of the
requirement.
FOR FURTHER INFORMATION CONTACT: Rosaline Crawford, Consumer and
Governmental Affairs Bureau, Disability Rights Office, at (202) 418-
2075 or email Rosaline.Crawford@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
document DA 12-430, adopted March 20, 2012, and released March 20,
2012, in CG Docket No. 10-210.
The full text of document DA 12-430 and copies of any subsequently
filed documents in this matter will be available for public inspection
and copying via ECFS, and during regular business hours at the FCC
Reference Information Center, Portals II, 445 12th Street SW., Room CY-
A257, Washington, DC 20554. They may also be purchased from the
Commission's duplicating contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street SW., Room CY-B402, Washington, DC 20554,
telephone: (800) 378-3160, fax: (202) 488-5563, or Internet:
www.bcpiweb.com. Document DA 12-430 can also be downloaded in Word or
Portable Document Format (PDF) at http://www.fcc.gov/cgb/dro/headlines.html and at http://www.fcc.gov/cgb/dro/cvaa.html.
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to fcc504@fcc.gov or call the Consumer and Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
Paperwork Reduction Act of 1995 Analysis
Document DA 12-430 contains a modified information collection
requirement. The Commission, as part of its continuing effort to reduce
paperwork burdens, invites the general public to comment on the
modified information collection requirement contained in document DA
12-430 as required by the Paperwork Reduction Act (PRA), Public Law
104-13 in a separate published Federal Register Notice (Notice). Public
and agency comments are due on or before May 29, 2012. See Information
Collection Being Reviewed by the Federal Communications Commission,
Notice, published at 77 FR 18813, March 28, 2012. In addition, the
Commission notes that pursuant to the Small Business Paperwork Relief
Act of 2002, Public Law 107-198, the Commission previously sought
specific comment on how the Commission might ``further reduce the
information collection burden for small business concerns with fewer
than 25 employees.'' See 44 U.S.C. 3506(c)(4). In the present document,
the Commission has assessed the effects of the rules for the NDBEDP
pilot program and finds that the
[[Page 20554]]
collection of information requirements will not have a significant
impact on small business concerns with fewer than 25 employees.
Congressional Review Act
The Commission will not send a copy of document DA 12-430 to
Congress and the Government Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the
conditional waiver adopted in document DA 12-430 does not amend the
Commission's rules.
Synopsis
1. On April 4, 2011, in accordance with the Twenty-First Century
Communications and Video Accessibility Act (CVAA), Public Law 111-260,
124 Stat. 2751 (2010), the Commission adopted a Report and Order
establishing the National Deaf-Blind Equipment Distribution Program
(NDBEDP). See Relay Services for Deaf-Blind Individuals, Report and
Order, document FCC 11-56, published at 76 FR 26641, May 9, 2011
(NDBEDP Pilot Program Order). The goal of the NDBEDP is to ensure that
low-income individuals who are deaf-blind receive the equipment they
need to effectively access telecommunications services, Internet access
services, and advanced communications services. The CVAA authorizes the
Commission to allocate up to $10 million annually from the Interstate
Telecommunications Relay Services Fund (TRS Fund) for this nationwide
equipment distribution effort. See 47 U.S.C. 620(c). The Commission
will certify and provide funding to one entity in each state for the
purpose of distributing communications equipment to low-income
individuals who are deaf-blind.
2. NDBEDP certified programs may seek reimbursement of costs from
the TRS Fund up to the funding allocation for the state, for the
equipment they distribute, the reasonable costs of providing related
services, and the costs associated with administering these programs.
In the NDBEDP Pilot Program Order, the Commission adopted a funding
mechanism that allows for reimbursement for these authorized costs
every six months. See 47 CFR 64.610(f)(2) of the Commission's rules. To
obtain reimbursement for authorized costs, certified programs must
provide the Commission with documentation and a reasonably detailed
explanation of the costs actually incurred during the prior six-month
period of the funding year.
Frequency of Reimbursement Claims
3. The Commission announced that it would accept applications
through November 21, 2011, from programs interested in receiving
certification to participate in the NDBEDP pilot program. See FCC
Announces 60-Day Period to Apply for Certification to Participate in
the National Deaf-Blind Equipment Distribution Program, Public Notice,
document DA 11-1591, released September 22, 2011. In response, the
Commission received 58 applications from entities representing each of
the 50 states, the District of Columbia, Puerto Rico, and the Virgin
Islands. All applications are from state or local government agencies
or non-profit entities.
4. More than half of the applications received include a request
for the Commission to permit claims for reimbursement of NDBEDP
expenses more frequently than once every six months. Many of the
applicants assert that the inability to receive compensation more
frequently than once every six months will compromise significantly
their ability to staff their programs, purchase equipment, actively
conduct program outreach, and handle other required tasks. Accordingly,
they claim that the once every six months reimbursement interval will
severely and profoundly limit their ability to serve eligible low-
income, deaf-blind individuals in a timely manner. Several applicants
also assert that permitting more frequent claims for reimbursement is
necessary to maintain financial stability and to ensure timely payments
to vendors and contractors. Still others raise questions about their
ability to participate in the NDBEDP program at all if not permitted to
receive compensation on a more frequent basis, especially given their
non-profit status, the sizeable expenditures they must incur for
covered equipment, and recent budget reductions experienced by state
and local government agencies that make reliance on regular funding
critical to their participation in this program.
5. Generally, the Commission may waive any provision of its rules
on its own motion for good cause shown. See 47 CFR 1.3 of the
Commission's rules. In addition, the Commission may take into account
considerations of hardship, equity, or more effective implementation of
overall policy on an individual basis. WAIT Radio v. FCC, 418 F.2d
1153, 1157 (D.C. Cir. 1969), affirmed, 459 F.2d 1203 (D.C. Cir. 1972).
In sum, a waiver of our rules is appropriate if special circumstances
warrant a deviation from the general rule, and such deviation would
better serve the public interest than strict adherence to the general
rule. Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C.
Cir. 1990).
6. For good cause shown, and to reduce the financial burden on
programs that the Commission certifies to participate in the NDBEDP and
better enable selected participants to fully meet the needs of eligible
low-income, deaf-blind individuals in a timely manner, the Commission
conditionally waives its rules to permit such programs to submit claims
for reimbursement from the TRS Fund more frequently. The Commission
finds persuasive applicants' assertions that a six-month reimbursement
cycle will impose a hardship that could prevent many entities from
participating in the NDBEDP. Many of the non-profit and state or local
programs that have applied for certification report that they operate
on limited funding that will be strained if forced to wait a full six
months for compensation. This is especially true given the high costs
of equipment generally required by individuals who are deaf-blind. The
Commission finds that the large upfront expenses needed for such
equipment justifies a waiver to permit more frequent reimbursement.
7. To be compensated for equipment distributed and services
rendered under the NDBEDP pursuant to this waiver, each certified
entity must comply with certain conditions. Specifically, each
certified entity that wishes to take advantage of this waiver will be
permitted to elect a reimbursement schedule on either a monthly or
quarterly basis. Such entity must notify the TRS Fund Administrator of
its election at the start of each Fund Year, and maintain that schedule
for the duration of the Year. Entities electing to seek reimbursement
on a monthly or quarterly basis also will be required to submit
documentation and a reasonably detailed explanation of costs incurred
within 30 days after the end of each month or quarter, respectively, of
the Fund Year (July 1 through June 30). See 47 CFR 64.610(f)(2) of the
Commission's rules. In either case, the TRS Fund Administrator and the
NDBEDP Administrator shall review the costs submitted and may request
supporting documentation to verify the expenses claimed. See 47 CFR
64.610(f) of the Commission's rules. Entities that do not take
advantage of this waiver do not need to so notify the Fund
Administrator, but will be required to submit documentation and a
reasonably detailed explanation of their costs incurred within 30 days
after the end of each six-month period of the funding
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year, as required by the Commission's rules. See 47 CFR 64.610(f)(2) of
the Commission's rules. In each case, costs submitted must be for those
costs actually incurred during each preceding one-, three-, or six-
month period.
8. The Commission further notes that the waiver granted in document
DA 12-430 will be for the duration of the NDBEDP pilot program. The
purpose of establishing the NDBEDP initially as a pilot program is to
provide the flexibility needed to enable certified programs to
structure their distribution and service delivery systems to
effectively meet the needs of their participants. This flexibility is
expected to result in a variety of equipment distribution and service
delivery models that could serve as the foundation for establishment of
the permanent NDBEDP. The Commission concludes that allowing certified
entities to receive the needed funding in a timely manner will better
enable such entities to make their programs effective and sustainable,
which, in turn, will help inform future Commission decisions regarding
a permanent NDBEDP that furthers the public interest.
Ordering Clauses
9. Pursuant to sections 4(i) and 719 of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 620, and Sec. 1.3 of the
Commission's rules, 47 CFR 1.3, and Sec. 64.610(f)(2) of the
Commission's rules is conditionally waived to permit NDBEDP certified
programs to submit claims for reimbursement more frequently than once
every six months as required by Sec. 64.610(f)(2) of its rules and to
submit reimbursement claims up to one time each month.
10. This action is taken under delegated authority pursuant to
Sec. Sec. 0.141 and 0.361 of the Commission's rules, 47 CFR 0.141,
0.361.
Federal Communications Commission.
Karen Peltz Strauss,
Deputy Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. 2012-8133 Filed 4-4-12; 8:45 am]
BILLING CODE 6712-01-P