Federal Communications Commission fcc 13-100 Before the Federal Communications Commission

4^ Id. at Block 6, Certifications and Signature.

5^ See Universal Service for Schools and Libraries, Billed Entity Applicant Reimbursement Form, OMB 3060-0856 (April 2007) (FCC Form 472).

6^ Id. at Block 3, Billed Entity Certification, and Block 4, Service Provider Acknowledgment.

7^ See Universal Service for Schools and Libraries, Service Provider Annual Certification Form, OMB 3060-0856 (April 2007) (FCC Form 473).

8^ Id. at Block 2, Certification.

9^ See Schools and Libraries Universal Service, Service Provider Invoice Form, OMB 3060-0856 (April 2007) (FCC Form 474).

10^ Id.

11^ See Wireline Competition Bureau Seeks Comment on Revision to FCC Forms 472, 473, and 474, CC Docket No. 02-6, Public Notice, 28 FCC Rcd 2210 (Wireline Comp. Bur. 2013) (FCC Forms 472, 473, and 474 Public Notice).

12^ See Schools and Libraries Universal Service, Certification by Administrative Authority to Billed Entity of Compliance with the Children’s Internet Protection Act, OMB 3060-0853 (April 2007) (FCC Form 479).

13^ Id. at Block 2, Certifications and Signature.

14^ See Universal Service for Schools and Libraries, Receipt of Service Confirmation Form, OMB 3060-0853 (April 2007) (FCC Form 486).

15^ Id. at Block 4, Certifications and Signature.

16^ See Universal Service for Schools and Libraries, Adjustment of Funding Commitment and Modification to Receipt of Service Confirmation Form, OMB 3060-0853 (April 2007) (FCC Form 500).

17^ Id. at Block 3, Certification.

1^ See FCC Forms 472, 473, and 474 Public Notice.

2^ See Opposition of United States Telecom Association, CC Docket No. 02-6 (filed Mar. 27, 2013); Comments of The Schultz Group, PLLC, CC Docket No. 02-6 (filed Mar. 27, 2013); Comments of Sprint Nextel Corporation, CC Docket No. 02-6 (filed Mar. 27, 2013); Comments of CSM Consulting, Inc., CC Docket No. 02-6 (filed Mar. 27, 2013); Comments from the State E-rate Coordinators’ Alliance, CC Docket No. 02-6 (filed Mar. 27, 2013); Reply to Comments of Edline, LLC, CC Docket No. 02-6 (filed Apr. 8, 2013); Reply to Comments of the National Cable & Telecommunications Association, CC Docket No. 02-6 (filed Apr. 8, 2013).

1^ See 47 C.F.R. § 54.503(c)(2) (listing some of the FCC Form 470 certifications); 47 C.F.R. § 54.504(a)(1) (listing some of the FCC Form 471 certifications); 47 C.F.R. § 54.504(f) (listing some of the FCC Form 473 certifications); 47 C.F.R. § 54.520(c) (indicating the required CIPA certifications on the FCC Forms 479 and 486); 47 C.F.R. § 54.08(c) (requiring confirmation on the FCC Form 486 that the applicant’s technology plan was approved before they began receiving services).

2^ See FCC Form 471 at Block 6, Certifications and Signature; 47 C.F.R. § 54.504(a)(1) (2013).

3^ We recognize that in Section G, Invoicing and Disbursement Process, of this item we propose to modify our invoicing process to permit schools and libraries to receive disbursements directly from USAC. See supra paras. 264-265. We thus seek comment on whether the FCC Form 473, the Service Provider Annual Certification Form, should incorporate Block 4 of the FCC Form 472, BEAR Form, to include the current service provider acknowledgement certifications in Block 4 of the current FCC Form 472. See supra para. 266.

1^ 47 C.F.R. § 54.511(b) (2013).

2^ Id. (“Providers of eligible services shall not charge schools, school district, libraries, library consortia, or consortia including any of these entities a price above the lowest corresponding price for supported services, unless the Commission, with respect to interstate services or the state commission with respect to intrastate services, finds that the lowest corresponding prices is not compensatory. Promotional rates offered by a service provider for a period of more than 90 days must be included among the comparable rates upon which the lowest corresponding price is determined.”); 47 C.F.R. § 54.500(f) (2013) (defining “lowest corresponding price” as the lowest price that a service provider charges to non-residential customers who are similarly situated to a particular school, library, or library consortium for similar services.”). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fourth Order on Reconsideration, 13 FCC Rcd 2372, para. 133 (1997).

1^ See 47 C.F.R. § 54.503(b) (2013).

1^ See supra para. 308.

1^ USAC’s audit program historically has consisted of audits by USAC’s internal audit division staff as well as audits by independent auditors under contract with USAC. In addition, in the past, the Commission’s OIG has conducted audits of USF program beneficiaries. See Federal Communications Commission Office of Inspector General, Semiannual Report to Congress, October 1, 2009 through March 31, 2010 at 17-20, available at http://transition.fcc.gov/oig/SAR_March_2010_050710.pdf. In a February 12, 2010, letter to USAC, OMD directed USAC to separate its two audit objectives into distinct programs – one focused on Improper Payments Information Act (IPIA) assessment and the second on auditing compliance with all four USF programs. See Improper Payments Information Act of 2002, Pub. L. No. 107-300, 116 Stat. 2350 (2002). In addition to providing guidance on the implementation of the IPIA assessment program and compliance audit program, the letter informed USAC that OMD would assume responsibility for oversight of USAC’s implementation of both programs. See Letter from Steven Van Roekel, Managing Director, Federal Communications Commission to Scott Barash, Acting CEO, Universal Service Administrative Company (filed Feb. 12, 2010), available at http://www.fcc.gov/omd/usac-letters/2010/021210-ipia.pdf.

1^ See Lifeline Reform Order, 27 FCC Rcd at 6857, paras. 291-7; see also 47 C.F.R. § 54.420.

1^ 47 C.F.R. § 54.8.

2^ 2 C.F.R. §§ 180.5 et seq.

3^ We note that adoption of the government-wide debarment and suspension system could encompass nonprocurement transactions beyond just those related to our universal service programs. See 2 C.F.R. §180.970(a) (defining “nonprocurement transaction” as encompassing many transactions, except procurement contracts, that involve the payment of monies by an agency, including without limitation subsidies, loans and loan guarantees, grants, and “payments for specified uses.”). See also Subpart B, §180.200 – 180.225 (describing “covered transactions” under Part 180).

4^ 2 C.F.R. § 180.25(a).

1^ See 2 C.F.R. § 180.25(b), (c).

2^ See 2 C.F.R. § 180.205 (discussing the significance of a particular transaction being covered by the rules). See also Appendix to Part 180 – Covered Transactions.

3^ 2 C.F.R. § 180.200.

4^ 2 C.F.R. §§ 180.25(b)(2); 180.220(c).

5^ See 2 C.F.R. § 180.215(g)(2) (providing that any transaction may be exempt from coverage under Part 180 if a Federal agency’s regulation exempts it).

1^ See 2 C.F.R. §180.700 (grounds for suspension) and §180.800 (causes for debarment). In addition to debarment for convictions or civil judgments under §180.800(a), the guidelines provide for debarment when the party’s conduct is “so serious as to affect the integrity of an agency program,” such as the willful failure to abide by the terms of a transaction, repeated unsatisfactory performance, or willful violations of statutory, regulatory or other requirements applicable to a transaction. 2 C.F.R. §180.800(b). See also 2 C.F.R. §180.800(c) (enumerating additional causes to debar).

1^ Schools and Libraries Sixth Report and Order, 25 FCC Rcd at 18773-77, paras. 20-27; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order and Notice of Proposed Rulemaking, 25 FCC Rcd 1740 (2010) (E-rate Community Use Order and NPRM).

2^ Schools and Libraries Sixth Report and Order, 25 FCC Rcd at 18774-75, para. 23.

3^ Id. at 18773-77, paras. 20-27.

1^ See supra n.223 (giving the definition of Wi-Fi).

2^ Letter from Gee Kin Chou, Information Technology Officer, Oakland Unified School District, to Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Jan. 12, 2011) (Oakland Request for Waiver); Letter from Dianne Kelly, Assistant Superintendent of Schools, Revere Public Schools, to Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed June 14, 2011) (Revere Request for Waiver) (together, Requests for Waiver).

1^ 47 U.S.C. § 254(h)(1)(B); 47 C.F.R. §§ 54.503(c)(2)(v) and 54.504(a)(1)(vii) (2011) (requiring applicants to certify on their FCC Forms 470 and 471 that services obtained through discounts from the E-rate program would be used solely for educational purposes). The Commission has said that, in limited instances, the use of certain services off school or library property would be considered as an “educational purpose” (such as the use of a cell phone on a school bus or a library staff person's use of a cell phone on a mobile library unit van). Schools and Libraries Second Report and Order, 18 FCC Rcd at 9208-09, para. 19, n.28.

2^ See 47 C.F.R. § 54.504(e).

1^ Schools and Libraries Sixth Report and Order, 25 FCC Rcd at 18775-76, paras. 24-26.

1^ See 47 C.F.R. § 54.503(d) (2011).

1^ See Federal-State Joint Board on Universal Service, Schools and Libraries Universal Service Support Mechanism, Rural Health Care Support Mechanism, Lifeline and Link-up, CC Docket Nos. 96-45 and 02-6 and WC Docket Nos. 02-60 and 03-109, Order, 20 FCC Rcd 16883 (2005) (Hurricane Katrina Order).

2^ See 47 C.F.R. § 54.502 (a)(iii) (explaining that applicants are eligible for support for internal connections services, except basic maintenance services, no more than twice every five funding years).

3^ See Hurricane Katrina Order, 20 FCC Rcd at 16908, para. 49.

4^ See, e.g., State of Louisiana Department of Education Baton Rouge, LA et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6 et al., Order, 25 FCC Rcd 1653 (2010) (Louisiana Department of Education Order). See also USAC, Schools and Libraries Program, Latest News 11/2/2012-FCC Form 486 and FY 2011 Recurring Services Invoice Deadlines Extended to Jan. 28, 2013, available at http://www.usac.org/sl/tools/news/default.aspx#650 (last visited July 15, 2013) (extending the deadlines for the FCC Form 486 and the Funding Year 2011 recurring services invoices for applicants in light of Hurricane Sandy and permitting extra time for applicants affected by Hurricane Sandy to answer PIA questions and comply with other program requirements).

1^ See 44 C.F.R. § 206.2(a)(9) (2012) (defining “Emergency” as “any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States). A “Major Disaster” is defined as “any natural catastrophe (including any hurricane, tornado, storm, high water, wind driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this Act to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.” See 44 C.F.R. § 206.2 (a)(17)(2012).

1^ See, e.g., Hurricane Katrina Order, 20 FCC Rcd at 16905, para. 42.

2^ Id. at 16907, paras. 47, 49.

1^ Id. at 16903-04, para. 39.

2^ Id.

3^ Id.

1^ See 5 U.S.C. § 603.

2^ See 5 U.S.C. § 603(a).

3^ See id.

1^ 47 C.F.R. §§ 1.1200 et seq.

0^ 5 U.S.C. § 603. The RFA, 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).

0^ See 5 U.S.C. § 603(a).

0^ See id.

0^ See generally 47 U.S.C. § 254.

0^ Universal Service First Report and Order 12 FCC Rcd 8776.

0^ 47 C.F.R. § 54.502.

0^ 5 U.S.C. § 603(b)(3).

0^ 5 U.S.C. § 601(6).

0^ 5 U.S.C. § 601(3) (incorporating by reference the definition of “small business concern” in 15 U.S.C. § 632(a)). Pursuant to the RFA, the statutory definition of a small business applies “unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register.” 5 U.S.C. § 601(3).

0^ Small Business Act, 15 U.S.C. § 632.

0^ U.S. Small Business Administration, Office of Advocacy, Frequently Asked Questions, http://web.sba.gov/faqs/faqindex.cfm?areaID=24 (last visited July 15, 2013).

0^ 5 U.S.C. § 601(4).

0^ Murray S. Weitzman, The New Nonprofit Almanac & Desk Reference (Jossey-Bass 2002).

0^ 5 U.S.C. § 601(5).

0^ U.S. Census Bureau, Statistical Abstract of the United States: 2006, Section 8, Table 415, page 272, available at http://www.census.gov/compendia/statab/2006/state_local_govt_finances_employment/stlocgov.pdf (last visited July 15, 2013).

0^ We assume that the villages, school districts, and special districts are small, and total 48,558. Id. at Table 417, page 273. For 2002, Census Bureau data indicate that the total number of county, municipal, and township governments nationwide was 38,967, of which 35,819 were small. Id.

0^ See 47 C.F.R. §§ 54.501-54.502, 54.504.

0^ 47 C.F.R. § 54.500(c).

0^ 47 C.F.R. § 54.500(k).

0^ 47 C.F.R. § 54.500(d).

0^ 47 C.F.R. § 54.500(a), (b).

0^ Id.

0^ 13 C.F.R. § 121.201;NAICS codes 611110 and 519120 (NAICS code 519120 was previously 514120).

0^ 13 C.F.R. § 121.201 ; NAICS code 517110.

0^ Federal Communications Commission, Wireline Competition Bureau, Industry Analysis and Technology Division, Trends in Telephone Service at Table 5.3, Page 5-5 (September 2010) (2010 Trends Report) (using data that is current as of Oct. 13, 2008).

0^ Id.

0^ 5 U.S.C. § 601(3).

0^ See Letter from Jere W. Glover, Chief Counsel for Advocacy, U.S. Small Business Administration, to William E. Kennard, Chairman, Federal Communications Commission, CC Docket No. 98-147 et al., at 2 (May 27, 1999). The Small Business Act contains a definition of “small business concern,” which the RFA incorporates into its own definition of “small business.” See 15 U.S.C. § 632(a) ; 5 U.S.C. § 601(3) . SBA regulations interpret “small business concern” to include the concept of dominance on a national basis. 13 C.F.R. § 121.102(b).

0^ 13 C.F.R. § 121.201; NAICS code 517110.

0^ Id.

0^ 2010 Trends Report, Table 5.3, page 5-5.

0^ Id.

0^ 13 C.F.R. § 121.201 ; NAICS code 517110.

0^ Id.

0^ 2010 Trends Report, Table 5.3, page 5-5.

0^ Id.

0^ U.S. Census Bureau, 2012 NAICS Definitions, 517210 Wireless Telecommunications Categories (Except Satellite), available at http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517210&search=2007 (last visited July 15, 2013).

0^ U.S. Census Bureau, 2002 NAICS Definitions, 517211 Paging, available at http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517211&search=2002 (last visited July 15, 2013); U.S. Census Bureau, 2012 NAICS Definitions, 517212 Cellular and Other Wireless Telecommunications, available at http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517212&search=2002 (last visited July 15, 2013).

0^ 13 C.F.R. § 121.201, NAICS code 517210 (2007 NAICS). The now-superseded, pre-2007 C.F.R. citations were 13 C.F.R. § 121.201, NAICS codes 517211 and 517212 (referring to the 2002 NAICS).

0^ U.S. Census Bureau, 2002 Economic Census, Subject Series: Information, Establishment and Firm Size (Including Legal Form of Organization), Table 5, NAICS code 517211 (issued Nov. 2005).

0^ Id. The census data do not provide a more precise estimate of the number of firms that have employment of 1,500 or fewer employees; the largest category provided is for firms with “1000 employees or more.”

0^ U.S. Census Bureau, 2002 Economic Census, Subject Series: Information, “Establishment and Firm Size (Including Legal Form of Organization,” Table 5, NAICS code 517212 (issued Nov. 2005).

0^ Id. The census data do not provide a more precise estimate of the number of firms that have employment of 1,500 or fewer employees; the largest category provided is for firms with “1000 employees or more.”

0^ 13 C.F.R. § 121.201(b) ; NAICS code 517210.

0^ Id.

0^

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