FCC 54.702 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 54.702 Administrator's functions and responsibilities.
(a) The Administrator, and the divisions therein, shall be responsible for
administering the schools and libraries support mechanism, the rural health
care support mechanism, the high cost support mechanism, the low income
support mechanism, the interstate access universal service support mechanism
described in subpart J of this part, and the interstate common line support
mechanism described in subpart K of this part.
(b ) The Administrator shall be responsible for billing contributors,
collecting contributions to the universal service support mechanisms, and
disbursing universal service support funds.
(c) The Administrator may not make policy, interpret unclear provisions of
the statute or rules, or interpret the intent of Congress. Where the Act or
the Commission's rules are unclear, or do not address a particular
situation, the Administrator shall seek guidance from the Commission.
(d) The Administrator may advocate positions before the Commission and its
staff only on administrative matters relating to the universal service
support mechanisms.
(e) The Administrator shall maintain books of account separate from those of
the National Exchange Carrier Association, of which the Administrator is an
independent subsidiary. The Administrator's books of account shall be
maintained in accordance with generally accepted accounting principles. The
Administrator may borrow start up funds from the National Exchange Carrier
Association. Such funds may not be drawn from the Telecommunications Relay
Services (TRS) fund or TRS administrative expense accounts.
(f) The Administrator shall create and maintain a website, as defined in
Sec. 54.5, on which applications for services will be posted on behalf of
schools, libraries and rural health care providers.
(g) The Administrator shall file with the Commission and Congress an annual
report by March 31 of each year. The report shall detail the Administrator's
operations, activities, and accomplishments for the prior year, including
information about participation in each of the universal service support
mechanisms and administrative action intended to prevent waste, fraud, and
abuse. The report also shall include an assessment of subcontractors'
performance, and an itemization of monthly administrative costs that shall
include all expenses, receipts, and payments associated with the
administration of the universal service support programs. The Administrator
shall consult each year with Commission staff to determine the scope and
content of the annual report.
(h) The Administrator shall report quarterly to the Commission on the
disbursement of universal service support program funds. The Administrator
shall keep separate accounts for the amounts of money collected and
disbursed for eligible schools and libraries, rural health care providers,
low-income consumers, interstate access universal service support,
interstate common line support, and high-cost and insular areas.
(i) Information based on the Administrator's reports will be made public by
the Commission at least once a year as part of a Monitoring Report.
(j) The Administrator shall provide the Commission full access to the data
collected pursuant to the administration of the universal service support
programs.
(k) Pursuant to Sec. 64.903 of this chapter, the Administrator shall file with
the Commission a cost allocation manual (CAM) that describes the accounts
and procedures the Administrator will use to allocate the shared costs of
administering the universal service support mechanisms and its other
operations.
(l) The Administrator shall make available to whomever the Commission
directs, free of charge, any and all intellectual property, including, but
not limited to, all records and information generated by or resulting from
its role in administering the support mechanisms, if its participation in
administering the universal service support mechanisms ends.
(m) If its participation in administering the universal service support
mechanisms ends, the Administrator shall be subject to close-out audits at
the end of its term.
(n) The Administrator shall account for the financial transactions of the
Universal Service Fund in accordance with generally accepted accounting
principles for federal agencies and maintain the accounts of the Universal
Service Fund in accordance with the United States Government Standard
General Ledger. When the Administrator, or any independent auditor hired by
the Administrator, conducts audits of the beneficiaries of the Universal
Service Fund, contributors to the Universal Service Fund, or any other
providers of services under the universal service support mechanisms, such
audits shall be conducted in accordance with generally accepted government
auditing standards. In administering the Universal Service Fund, the
Administrator shall also comply with all relevant and applicable federal
financial management and reporting statutes.
[ 63 FR 70573 , Dec. 21, 1998, as amended at 65 FR 38690 , June 21, 2000; 65 FR 57739 , Sept. 26, 2000; 66 FR 59727 , Nov. 30, 2001; 67 FR 11259 , Mar. 13,
2002; 69 FR 5719 , Feb. 6, 2004]
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