[Federal Register: September 24, 2007 (Volume 72, Number 184)]
[Notices]
[Page 54260-54262]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24se07-35]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Reviewed by the
Federal Communications Commission
September 14, 2007.
SUMMARY: The Federal Communications Commission, as part of its
continuing effort to reduce paperwork burden, invites the general
public and other Federal agencies to take this opportunity to comment
on the following information collection(s), as required by the
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. An agency may
not conduct or sponsor a collection of information unless it displays a
current valid control number. No person shall be subject to any penalty
for failing to comply with a collection of information subject to the
PRA that does not display a valid control number. Comments are
requested concerning: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information shall have practical
utility; (b) the accuracy of the Commission's burden estimate; (c) ways
to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology.
DATES: Written PRA comments should be submitted on or before November
23, 2007. If you anticipate that you will be submitting comments, but
find it difficult to do so within the period of time allowed by this
notice, you should advise the contact listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Les Smith, Federal Communications
Commission, Room 1-C216, 445 12th Street, SW., Washington, DC 20554, or
via the Internet to PRA@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For additional information or copies
of the information collection(s) contact Les Smith at (202) 418-0217 or
via the Internet at PRA@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-XXXX.
[[Page 54261]]
Title: Comprehensive Review of the Universal Service Fund
Management, Administration, and Oversight; Federal-State Joint Board on
Universal Service; Schools and Libraries Universal Service Support
Mechanism; Rule Health Care Support Mechanism; Lifeline and Link-up;
and Changes to the Board of Directors for the National Exchange Carrier
Association, Inc., WC Docket No. 05-195 et al., FCC 07-150.
Form Number: N/A
Type of Review: New information collection.
Respondents: Business or other for-profit entities.
Number of Respondents: 1.
Estimated Time per Response: 1.0 hours.
Frequency of Response: Recordkeeping requirements.
Obligation to Respond: Required to obtain or retain benefits.
Total Annual Burden: 1.0 hours.
Total Annual Cost: None.
Nature and Extent of Confidentiality: Respondents may request that
information be withheld from disclosure. Requests for confidentiality
are processed in accordance with FCC rules under 47 CFR Sec. 0.459.
Privacy Impact Assessment: No impact(s).
Needs and Uses: On August 29, 2007, the FCC released a Report and
Order (``R&O''), Comprehensive Review of the Universal Service Fund
Management, Administration, and Oversight; Federal-State Joint Board on
Universal Service; Schools and Libraries Universal Service Support
Mechanism; Rule Health Care Support Mechanism; Lifeline and Link-up;
and Changes to the Board of Directors for the National Exchange Carrier
Association, Inc., WC Docket No. 05-195, et al., FCC 07-150. In this
R&O, the FCC has adopted new and revised information collection
requirements that include timely filing for Telecommunications
Reporting Worksheets, a reminder that USF contributors must file FCC
Forms 499-A and 499-Q on a periodic basis, document retention and
recordkeeping requirements and administrative limitation periods for
the high-cost, low-income, and rural health care universal service
programs, and various other performance measures and reporting
requirements for the universal service programs and for the Universal
Service Fund (``USF'') Administrator. These recordkeeping and reporting
requirements are part of the FCC's continuing process to deter
misconduct and inappropriate uses of the universal service funds. It is
the FCC's intention that these requirements will both safeguard the USF
from waste, fraud, and abuse and improve the management,
administration, and oversight of the USF. These information collection
requirements are as follows:
Timely filing for Worksheets. At present, Universal Service Fund
contributors must file FCC Form 499-Q, ``Telecommunications Reporting
Worksheet'' (``Worksheet''), on a timely filing basis and must not
submit inaccurate or untruthful information. In addition, the R&O will
require the USF Administrator to add information, e.g., a notification
requirement, to the monthly invoice sent to contributors. Each monthly
invoice must now also include language pertaining to the Debt
Collection Improvement Act (DCIA) of 1996, substantially as follows:
A failure to submit payment may result in sanctions, including, but
not limited to, the initiation of proceedings to recover the
outstanding debt, together with any applicable administrative charges,
penalties, and interest pursuant to the provisions of the Debt
Collection Act of 1982 (Pub. L. 97-365) and the Debt Collection
Improvement Act of 1996, (Pub. L. 104-134) as amended (the ``DCIA''),
as set forth below.
The date of payment on the invoice is the due date. If full payment
is not received by the date due, the debt is delinquent and the full
amount of the outstanding debt may be transferred to the United States
Department of Treasury (``Treasury'') for debt collection. Because the
unpaid amount is a debt owed to the United States, we are required by
the DCIA to impose interest and to inform you what may happen if you do
not pay the full outstanding debt. Under the DCIA, the United States
will charge interest from the date the contribution was due, you will
be required to pay the administrative costs of processing and handling
a delinquent claim as set by the Treasury (currently 18 percent of the
debt), and you will be charged an additional penalty of 6 percent a
year for any part of the debt that is more than 90 days past due.
Interest on the outstanding debt (``DCIA Interest'') will be assessed
at the published investment rate for the Treasury tax and loan accounts
(``Treasury Current Value of Funds Rate''). However, if you pay the
full amount of the outstanding debt and associated administrative fees
and penalties within 30 days of the due date, the DCIA Interest will be
waived. These requirements are set out at 31 U.S.C. 3717. In addition
to the language in the invoice, the R&O has specified that USF
Administrator's invoice shall state clearly that the invoiced amount is
due on a specific date and that the debt is delinquent if not paid in
full by that date. The USF Administrator's invoices and any letters
shall also explain the applicable sanction and administrative changes
for late payments, i.e., under 31 U.S.C. section 3717, a delinquent
debt that is not paid in full within 30 days from the date due will
incur interest, and if not paid in full within 90 days from the due
date, will also incur a penalty. In addition, the delinquent
contributor will be assessed the administrative costs of collection,
pursuant to 47 CFR 54.713 of FCC rules. Finally, an invoice sent after
partial payment should show clearly that the payment was applied to
outstanding penalties, administrative costs, accrued interest, and then
to the oldest outstanding principal (``American Rule'').
Document retention requirements. Having concluded in the R&O that
document retention and recordkeeping requirements not only prevent
waste, fraud, and abuse, but also protect applicants and service
providers in the event of vendor disputes, the FCC has adopted or
revised several of these requirements that will demonstrate compliance
with FCC rules and regulations and be available to the USF
Administrator, auditors, and the FCC, as follows:
High-cost program. Recipients of universal service support for
high-cost providers must retain all records that they may require to
demonstrate to auditors that the support they received was consistent
with the Communications Act of 1934, as amended, and FCC rules,
assuming that the audits are conducted within five years of
disbursement of such support. This R&O clarifies that beneficiaries
must make available all such documents and records that pertain to
them, including those of NECA, contractors, and consultants working on
behalf of the beneficiaries to the Commission's Office of Inspector
General (``OIG''), to the USF Administrator, and to their auditors. See
47 CFR 54.202(e).\1\
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\1\ 47 CFR Sec. 54.202(e): All eligible telecommunications
carriers shall retain all records required to demonstrate to
auditors that the support received was consistent with the universal
service high-cost program rules. These rules should include the
following: Data supporting line count filings; historical customer
records; fixed asset property accounting records; general ledgers;
invoice copies for the purchase and maintenance of equipment;
maintenance contracts for the upgrade or equipment; and any other
relevant documentation. This documentation must be maintained for at
least five years from the receipt of funding.
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Low-income program. With respect to the two low-income universal
service programs--Lifeline and Link-Up, the FCC has concluded that it
should maintain the current two-tiered
[[Page 54262]]
document retention requirements--that participating service providers
should retain a record verifying the eligibility of a recipient of the
program for as long as the recipient continues to receive supported
service and three years more, and to make it available in conjunction
with any audit to which it may be relevant. However, the R&O removes
the clause that waives the requirement to retain documentation of
eligibility once an audit is completed. The FCC also clarifies that
beneficiaries must make available all documentation and records that
pertain to them, including those of contractors and consultants working
on their behalf, to the Commission's OIG, to the USF Administrator, and
to auditors working on their behalf. See 47 CFR 54.417(a).\2\
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\2\ 47 CFR Sec. 54.417(a): Eligible telecommunications carriers
must maintain records to document compliance with all Commission and
state requirements governing the Lifeline/Link Up programs for the
three full years preceding calendar years and requiring carriers to
retain documentation for as long as the customer receives Lifeline
service from the ETC or until audited by the Administrator and
provide that documentation to the Commission or Administrator upon
request.* * *
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Rural health care and schools and libraries programs. The FCC
maintains the current requirement that rural health care providers and
schools and libraries must retain their records, which evidence that
the funding they receive was proper, for five years. In addition, this
requirement will now also apply to those service providers that receive
support for serving rural health care providers. Furthermore, the FCC
clarifies that beneficiaries must make available all documents and
records that pertain to them, including those of contractors and
consultants, working on their behalf, to the Commission's OIG, to the
USF Administrator, and to their auditors, as required by 47 CFR
54.516(a) \3\ and 47 CFR 54.619(a).\4\
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\3\ 47 CFR Sec. 54.516(a) Recordkeeping requirements--(1)
Schools and libraries. Schools and libraries shall retain all
documents related to the application for, receipt, and delivery of
discounted telecommunications and other supported services for at
least 5 years after the last day of the service delivered in a
particular Funding Year. Any other document that demonstrates
compliance with the statutory or regulatory requirements for the
schools and libraries mechanism shall be retained as well. Schools
and libraries shall 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.
\4\ 47 Sec. CFR 54.619(d) Service providers. Service providers
shall retain documents related to the delivery of discounted
telecommunications and other supported services for at least five
years after the last day of the delivery of discounted services. Any
documentation that demonstrates compliance with the statutory or
regulatory requirements for the rural health care mechanism shall be
retained as well.
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Contributors. The R&O also requires contributors to the Universal
Service Fund to retain all documents and records, e.g., financial
statements and supporting documentation, etc., that they may require to
demonstrate to auditors that their contributions were made in
compliance with the program rules, assuming that audits are conducted
within five years. The FCC clarifies that contributors must make
available all documents and records that pertain to them, including
those of contractors and consultants working on their behalf, to the
Commission's OIG, to the USF Administrator, and to their auditors.
Connectivity. The FCC will require the USF Administrator to work
with the Commission's Wireline Competition Bureau to modify the
relevant FCC Forms or to create additional questions for USF program
participants to determine more accurately how schools and libraries
connect to the Internet and their precise levels of connectivity.
These new and revised information collection requirements, which
include document retention and recordkeeping requirements, etc., will
affect numerous information collections that the FCC currently
maintains. Once OMB approves these requirements, the FCC will begin to
update these information collections as required by the rules adopted
in this R&O.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7-18712 Filed 9-21-07; 8:45 am]
BILLING CODE 6712-01-P