[Federal Register Volume 76, Number 89 (Monday, May 9, 2011)]
[Rules and Regulations]
[Pages 26641-26650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10228]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 10-210; FCC 11-56]


Relay Services for Deaf-Blind Individuals

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission adopts rules to establish the 
National Deaf-Blind Equipment Distribution Program (NDBEDP) pilot 
program in accordance with the Twenty-First Century Communications and 
Video Accessibility Act of 2010 (CVAA). The CVAA adds a new section to 
the Communications Act of 1934, as amended (the Act). This new section 
of the Act requires the Commission to establish rules that define as 
eligible for support those programs approved by the Commission for the 
distribution of specialized customer premises equipment (CPE) to low-
income individuals who are deaf-blind. For these purposes, this new 
section of the Act authorizes $10 million annually from the Interstate 
Telecommunications Relay Service (TRS) Fund. The equipment distributed 
under the NDBEDP pilot program will make telecommunications service, 
Internet access service, and advanced communications, including 
interexchange services and advanced telecommunications and information 
services, accessible to individuals who are deaf-blind.

DATES: Effective June 8, 2011, except for 47 CFR 64.610(b), (e)(1)(ii), 
(viii), and (ix), (f), and (g), which contain information collection 
requirements subject to the Paperwork Reduction Act (PRA) that have not 
been approved by the Office of Management and Budget (OMB). The 
Commission will publish a document in the Federal Register announcing 
the effective date of these requirements. Written comments by the 
public on the new information collections are due July 8, 2011.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. In addition to filing comments with the 
Secretary, a copy of any comments on the information collection 
requirements contained herein should be submitted to Cathy Williams, 
Federal Communications Commission via e-mail at [email protected] and 
[email protected].

FOR FURTHER INFORMATION CONTACT: Rosaline Crawford, Consumer and 
Governmental Affairs Bureau, Disability Rights Office, at (202) 418-
2075 or e-mail [email protected].
    For additional information concerning the PRA information 
collection requirements contained in this document, contact Cathy 
Williams, Federal Communications Commission, at (202) 418-2918, or via 
e-mail [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
National Deaf-Blind Equipment Distribution Program (NDBEDP) Report and 
Order (Order), document FCC 11-56, adopted April 4, 2011, and released 
April 6, 2011, in CG Docket No. 10-210.
    The full text of document FCC 11-56 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 FCC 11-56 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 e-mail to [email protected] or call the Consumer and Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

Final Paperwork Reduction Act of 1995 Analysis

    This document contains new and modified information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public to comment on the 
information collection requirements contained in document FCC 11-56 as 
required by the PRA of 1995, Public Law 104-13. 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

[[Page 26642]]

fewer than 25 employees.'' See 44 U.S.C. 3506(c)(4). In this present 
document, the Commission has assessed the effects of the rules for the 
NDBEDP pilot program and finds that the 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 send a copy of document FCC 11-56 in a report 
to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act. See 5 U.S.C. 801(a)(1)(A).

Synopsis

    1. Document FCC 11-56 implements a provision of the CVAA, Public 
Law 111-260, 124 Stat. 2751 (2010). (See also Pub. L. 111-265, 124 
Stat. 2795 (2010) (making technical corrections to the CVAA)). Section 
105 of the CVAA adds section 719, 47 U.S.C. 620, to the Communications 
Act of 1934, as amended (the Act). Section 719 of the Act requires the 
Commission to establish rules that define as eligible for relay service 
support those programs approved by the Commission for the distribution 
of specialized customer premises equipment (CPE) to low-income 
individuals who are deaf-blind. 47 U.S.C. 620(a). The CVAA authorizes 
the Commission to allocate $10 million annually from the Interstate 
Telecommunications Relay Service (TRS) Fund for this equipment 
distribution effort. 47 U.S.C. 620(c). In document FCC 11-56, the 
Commission establishes a National Deaf-Blind Equipment Distribution 
Program (NDBEDP) pilot program to certify and provide funding to one 
entity in each state to distribute specialized CPE to make 
telecommunications service, Internet access service, and advanced 
communications, including interexchange services and advanced 
telecommunications and information services, accessible to low-income 
individuals who are deaf-blind.
    2. Prior to the adoption of document FCC 11-56, the Consumer and 
Governmental Affairs Bureau (CGB) issued a Public Notice on November 3, 
2010, seeking comment on a range of issues related to the Commission's 
implementation of section 719 of the Act. See Consumer and Governmental 
Affairs Bureau Seeks Comment on Implementation of Requirement to Define 
Programs for Distribution of Specialized Customer Premises Equipment 
Used by Individuals who are Deaf-Blind, Public Notice, document DA-10-
2112, released November 3, 2010 in CG Docket No. 10-210 (NDBEDP PN). 
The comments filed in response to the NDBEDP PN informed the 
preparation of a Notice of Proposed Rulemaking that the Commission 
released on January 14, 2011. See Implementation of the Twenty-First 
Century Communications and Video Accessibility Act of 2010, Section 
105, Relay Services for Deaf-Blind Individuals, Notice of Proposed 
Rulemaking, published at 76 FR 4838, January 27, 2011 (NDBEDP NPRM). In 
the NDBEDP NPRM, the Commission proposed ways to support the 
distribution of specialized CPE to enhance and promote access to 
telecommunications service, Internet access service, and advanced 
communications by low-income individuals who are deaf-blind, and sought 
comment on those proposals. The NDBEDP pilot program, established by 
the rules adopted in document FCC 11-56, will support the distribution 
of such specialized CPE and the provision of associated services, as 
well as help to inform future Commission action in establishing a more 
permanent NDBEDP.

Pilot Program

    3. In document FCC 11-56, the Commission adopts a rule permitting 
all qualified entities to apply for certification to participate in the 
NDBEDP. The Commission will then select among these program applicants 
based on the criteria set out in the NDBEDP pilot program rules. 
Program applicants may include recommendations with their certification 
applications from members of the deaf-blind community in their state, 
appropriate experts, or others with direct knowledge of their 
capabilities and qualifications. The Commission will certify only one 
entity per state as eligible to receive support for the distribution of 
equipment to individuals who are deaf-blind. Each certified entity will 
have primary oversight and responsibility for compliance with program 
requirements, but certified entities may fulfill their responsibilities 
either directly or through collaboration, partnership, or contract with 
other individuals or entities in-state or out-of-state (including other 
state EDPs).
    4. The Commission will require the submission of certification 
applications within 60 days after the effective date of these rules. 
These rules will be effective upon notice in the Federal Register 
announcing OMB approval of the information collection requirements 
subject to the Paperwork Reduction Act. The Commission will announce 
the selected participants, starting date, and funding allocations as 
soon as possible thereafter. Certification will be granted for the 
duration of the pilot program, subject to compliance with program 
requirements.
    5. The Commission will operate the NDBEDP pilot for two years, from 
the pilot program start date, with an option for to extend the program 
for an additional year. The Commission delegates authority to CGB to 
establish the pilot program start date, as soon as possible, but not 
later than July 1, 2012, the start of the 2012-2013 TRS Fund year. The 
Commission believes that the experiences and information gained during 
this pilot program will provide it with a comprehensive understanding 
of how to ensure the most efficient and effective use of the funds 
available to meet the needs of this population on a more permanent 
basis.

Consumer Eligibility

    6. Definition of Individuals who are Deaf-Blind. Under the CVAA, 
persons eligible to receive equipment under the NDBEDP must be ``deaf-
blind,'' as this term is defined by the Helen Keller National Center 
Act (HKNC Act), 29 U.S.C. 1905(2). That definition contains three 
prongs. The first prong of the definition requires assessment of the 
individual's vision, and provides measurable standards of loss of 
visual acuity. The second prong asks whether the individual has a 
hearing loss so severe ``that most speech cannot be understood with 
optimum amplification.'' The third prong asks whether the individual's 
combined visual and hearing losses ``cause extreme difficulty in 
attaining independence in daily life activities, achieving psychosocial 
adjustment, or obtaining a vocation.'' The Commission directs certified 
programs to consider an individual's functional abilities with respect 
to using telecommunications, Internet access, and advanced 
communications services in various environments, when they make 
determinations as to whether an individual is deaf-blind under the 
second and third prongs of the definition.
    7. Verification of Disability. NDBEDP applicants who are deaf-blind 
are likely to face significant logistical challenges, including the 
very types of communication barriers the NDBEDP is itself designed to 
eliminate, in their attempts to obtain verification of their 
disabilities. To facilitate access to the NDBEDP by the intended 
population, while at the same time implementing measures to prevent 
potential fraud or abuse of this program, the Commission adopts a rule 
requiring an individual seeking equipment under the NDBEDP

[[Page 26643]]

to provide verification of his or her disability from any practicing 
professional that has direct knowledge of that individual's disability. 
For the pilot program, such professional must verify the individual's 
disability to the best of his or her knowledge. Also, for purposes of 
the pilot program, the Commission will accept existing documentation as 
verification that a person is deaf-blind, such as an individualized 
education program (IEP) that indicates that the person receiving 
equipment is deaf-blind, or a statement from a public or private 
agency, such as a Social Security determination letter that a person is 
deaf-blind. The Commission also adopts a requirement that such 
verification of disability include the attesting name, title, and 
contact information, including address, phone number, and e-mail 
address of the professional.
    8. Income Eligibility. Section 719 of the Act limits NDBEDP 
eligibility to ``low-income'' individuals. The Commission concludes 
that the unusually high medical and disability-related costs incurred 
by individuals who are deaf-blind discussed in the comments, together 
with the extraordinarily high costs of specialized CPE typically needed 
by this population, support an income eligibility rule of 400 percent 
of the Federal Poverty Guidelines (FPG) for the NDBEDP pilot program. 
NDBEDP certified programs will not be permitted to apply income 
eligibility limits that are lower than the limit the Commission adopts. 
State EDPs or alternate entities with income eligibility criteria for 
other programs they administer that are different from the NDBEDP 
criteria may still be certified under the NDBEDP, but they must use 
NDBEDP-compliant income eligibility criteria to assess individuals who 
will participate in the federal NDBEDP pilot.
    9. Verification of Income Eligibility. The Commission adopts a rule 
to allow individuals enrolled in federal subsidy programs with income 
thresholds lower than 400 percent of the FPG threshold to automatically 
be deemed income eligible for the NDBEDP pilot program. The Commission 
also adopts a rule that permits the NDBEDP Administrator to authorize 
other federal or state programs with income eligibility thresholds that 
do not exceed 400 percent of the FPG to be the basis for determining 
income eligibility under the NDBEDP. Where applicants are not already 
enrolled in a qualifying low-income program, low-income eligibility 
must be verified by the certified program using appropriate and 
reasonable means, for example, by reviewing the individual's most 
recent income tax return.
    10. Other Eligibility Requirements and Considerations. During the 
NDBEDP pilot program, the Commission will permit certified programs to 
require that NDBEDP equipment recipients demonstrate that they have 
access to the telecommunications service, Internet access service, and 
advanced communications that the equipment is designed to use and make 
accessible. States choosing to impose this qualification criterion must 
allow access to such services to be in the form of wireless, WiFi, or 
other free services made available by public or private entities, or by 
the recipient's family, friends, neighbors, or other personal contacts. 
However, the Commission prohibits certified programs from adopting or 
imposing any employment-related eligibility requirement as there is no 
statutory basis for such a requirement under the CVAA. Requiring NDBEDP 
recipients to be employed or actively seeking employment would limit 
the scope of the NDBEDP, potentially excluding children, students, 
retirees, and senior citizens.

Covered Equipment and Related Services

    11. Scope of Specialized Customer Premises Equipment. The 
Commission's rules require covered equipment and technology eligible 
for distribution under the NDBEDP to be defined broadly, without 
restrictions on specific brands, models, or types of technology, 
including hardware, software, and applications, separately or in 
combination, needed to achieve access. During the NDBEDP pilot program, 
certified programs will have the discretion to determine the specific 
equipment needed and to be provided, as long as that equipment can make 
telecommunications service, Internet access service, and advanced 
communications accessible by the consumer who is deaf-blind. Certified 
programs may not be limited by state statute or otherwise to distribute 
equipment to make only some communications accessible; certified 
programs must be permitted to distribute equipment to enable deaf-blind 
individuals to access the full spectrum of communication covered under 
section 719 of the Act, as needed by those individuals. The Commission 
further concludes that certified programs may distribute ``off-the-
shelf'' equipment to serve as specialized CPE, or as needed for use 
with specialized CPE, as long as it meets the needs of an individual 
covered under this program. The Commission will examine the kinds of 
equipment that are requested and distributed during the NDBEDP pilot 
program to assess both the demand for varied technologies and to make 
any necessary adjustments in the scope of covered equipment when the 
Commission conducts the rulemaking proceeding for the permanent 
program. The Commission also prohibits certified programs from 
disabling or making more difficult to access capabilities, functions, 
or features on distributed equipment that are needed to access 
communications services covered by section 719 of the Act, for example, 
by having the manufacturer bury access to those functions into deeper 
menus.
    12. Because of the lack of consensus in the record, and because the 
Commission would like to first gather experience under the NDBEDP on 
the costs associated with the various devices and services that will be 
funded under the certified programs, the Commission will not establish 
caps on the quantity or cost of equipment distributed to individuals 
during this pilot program. Certified programs may distribute new 
equipment or equipment upgrades to keep current with changes in 
technology and individual needs. Certified programs may also distribute 
more than one device to an individual who is deaf-blind to achieve 
access to more than one type of covered communications service or to 
achieve such access in more than one setting. Equipment distribution is 
subject to the constraints of the state's annual funding allocation, 
and the desire to make communications accessible for as many 
individuals who are deaf-blind as possible.
    13. Loan Versus Ownership. While the Commission strongly recommends 
that certified programs lend equipment distributed under the NDBEDP to 
equipment recipients, the Commission does not require that they use 
this method of distributing equipment. For those programs that choose 
to lend equipment, the Commission requires that recipients be permitted 
to keep their devices for as long as needed. Under either a ``loan'' or 
``ownership'' program, equipment recipients should not be permitted to 
sell, give away, or otherwise transfer equipment distributed under the 
NDBEDP. When a recipient relocates to another state, the certified 
program must transfer the recipient's account and any control of the 
distributed equipment to the new state's certified program, so that the 
individual need not reapply.
    14. Research and Development. The Commission recognizes that there 
are equipment and technology gaps in the communications technology 
currently

[[Page 26644]]

available to the deaf-blind population. However, the Commission 
concludes that an allocation of NDBEDP funding for equipment research 
and development is not appropriate at this time because of insufficient 
information about those gaps and the kinds of research and funding that 
are needed to fill them.
    15. Individualized Assessment of Communication Needs. The 
Commission concludes that qualified assistive technology specialists 
who are familiar with both the manner in which deaf-blind people 
communicate and the range of specialized equipment that is available 
under this program are necessary to ensure that the equipment provided 
to deaf-blind individuals effectively meets their needs. Accordingly, 
certified programs may be reimbursed for the reasonable costs of making 
individualized assessments of a deaf-blind consumer's communications 
needs during the NDBEDP pilot. The reasonable costs of travel to 
conduct individual assessments of applicants who are located in rural 
or remote areas may also be covered when necessary to support the 
distribution of equipment by certified programs.
    16. Installation and Training. Based on the record in this 
proceeding, the Commission concludes that equipment installation and 
individualized consumer training on how to use the distributed 
equipment are essential to the efficient and effective distribution of 
equipment for use by people who are deaf-blind and, as such, the 
reasonable costs associated with these services will be compensable for 
programs certified under section 719 of the Act. The Commission 
recognizes that there is a shortage of qualified personnel who can 
provide individualized training for equipment distributed to persons 
who are deaf-blind. However, because of the limited funding available 
in this program, and because the record is not clear on how programs to 
``train the trainer'' should be set up at this time, the Commission 
will not set aside NDBEDP funds or reimburse certified programs for the 
costs of such training programs. The Commission does, however, 
encourage certified programs to maximize the use of limited resources 
through collaboration and partnerships between and among certified 
NDBEDP programs on a national or regional basis, as well as 
partnerships or contracts with other individuals and entities, in-state 
or out-of-state, in order to locate qualified individuals who can 
provide appropriate and effective training to people who are deaf-
blind.
    17. Maintenance, Repairs, and Warranties. The Commission concludes 
that, for the NDBEDP pilot program, reasonable costs associated with 
equipment maintenance and repairs that are not covered under warranties 
are eligible for reimbursement, except when such repair costs are the 
result of consumer or program negligence or misuse. The Commission 
encourages NDBEDP certified programs or manufacturers to provide 
equipment that can be loaned to the consumer during periods of 
equipment repair, especially when such equipment is under warranty. 
Reasonable costs associated with maintaining an inventory of equipment 
that can be loaned to the consumer during periods of equipment repair 
will also be covered under the NDBEDP pilot program. The Commission 
recommends that certified programs establish policies and the means for 
consumers to return equipment that is no longer needed or used to the 
certified program for possible refurbishing and redistribution. The 
reasonable costs of such return and refurbishing will be covered under 
the NDBEDP. The reasonable costs of warranties covering maintenance, 
updates, and repairs will also be covered during the pilot program.
    18. Outreach and Education. The Commission concludes that a wide 
variety of outreach efforts is needed to reach the diverse population 
of individuals who are deaf-blind to make the NDBEDP effective. 
Certified programs participating in the pilot program must conduct 
outreach to inform residents of their states who are deaf-blind about 
the NDBEDP. Such outreach may include, but is not limited to, the 
development and maintenance of a program Web site and the distribution 
of accessible information and materials. The Commission also directs 
the NDBEDP Administrator to establish a Web site, accessible to deaf-
blind consumers, that contains information about the NDBEDP. To 
supplement the outreach efforts of NDBEDP certified programs, the 
Commission will set aside $500,000 for outreach on a national level 
during each TRS Fund year of the pilot program. This outreach may be 
conducted by entities that have significant experience with and 
expertise in working with the deaf-blind community or by others and the 
Commission delegates authority to CGB to select appropriate entities to 
conduct outreach.

Funding

    19. Allocation. The Commission will make the full amount of 
authorized funding, $10 million, available to the NDBEDP during each 
TRS Fund year (July 1 through June 30) of this pilot program. Insofar 
as $500,000 will be set aside for a nationwide outreach effort, a total 
of $9.5 million will be available for initial allocations among 
certified programs during each of the Fund years of this NDBEDP pilot 
program. Annual funding for the pilot program will be allocated on the 
basis of the population of each state. To ensure that every certified 
program in the NDBEDP pilot program receives a level of support that 
will both provide it with the incentive to participate in the NDBEDP 
and permit the distribution of equipment to as many eligible residents 
as possible, the Commission will allocate a minimum base amount of 
$50,000 to each state per TRS Fund year during the pilot program, with 
the balance of available funds allocated in proportion to the 
population of each of these jurisdictions.
    20. Funding Mechanism. The Commission concludes that a mechanism 
that allocates funding for reimbursement of authorized costs of 
equipment and associated services, up to each state's initial or 
adjusted allotment, is appropriate for the NDBEDP pilot program. The 
Commission will permit certified programs to request reimbursement 
every six months, commencing with the starting date of the pilot 
program, as determined by CGB. Certified programs may seek 
reimbursement of costs up to the funding allocation for the state, for 
the equipment they distribute and related services they provide. In 
order to be compensated for equipment distributed and services 
rendered, certified programs must submit documentation and a reasonably 
detailed explanation of those costs incurred within 30 days after the 
end of each six-month period of the funding year. Costs submitted must 
be for those costs actually incurred during the prior six-month period. 
The TRS Fund Administrator and the NDBEDP Administrator shall review 
submitted costs and may request supporting documentation to verify the 
expenses claimed, and may also disallow unreasonable costs.
    21. Rollover and Reallocation. The Commission will not permit the 
rollover of unused funds from one Fund year to another, in part because 
the Commission believes that not having the option of carrying over 
unused funds to the next year will create greater incentives for NDBEDP 
certified programs to distribute communications equipment to their 
residents rapidly and efficiently. The Commission will review NDBEDP 
funding data as it becomes available, and will consider whether to keep 
or revise this funding approach for

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the permanent NDBEDP. The Commission also delegates authority to the 
CGB to reduce, raise, or reallocate funding allocations to any 
certified program as it may deem necessary and appropriate.
    22. Administrative Costs. For the NDBEDP pilot program, the 
Commission will allow certified programs to receive reimbursement from 
the TRS Fund for administrative costs that do not exceed 15 percent of 
the total reimbursable costs for the distribution of equipment and 
related services permitted under this program. The Commission expects 
such administrative costs incurred through participation in the NDBEDP 
pilot program to typically cover expenses incurred through reporting 
requirements, accounting, regular audits, oversight, and general 
administration.
    23. Funding Caps. Because there is insufficient information in the 
record to support specific caps or amounts that should be used for 
outreach, assessments, equipment, installation, or training out of each 
state's funding allocation, the Commission will not adopt any such caps 
for the pilot program at this time. The Commission does, however, 
require that all costs incurred through participation in the NDBEDP 
pilot program be reasonable and notes that the Commission will 
carefully monitor and evaluate the data submitted by certified programs 
for reimbursement of costs, as well as all other data and information 
submitted in the semi-annual reports filed by certified programs, to 
determine whether caps on outreach, assessments, equipment, 
installation, or training costs are necessary and appropriate in 
subsequent Fund years of the NDBEDP pilot program or for the permanent 
program.

Oversight and Reporting

    24. The Commission adopts a six-month reporting requirement as part 
of our NDBEDP pilot rules. This reporting requirement is necessary to 
provide timely data for the effective administration of the NDBEDP 
pilot; to assess the effectiveness of the pilot program in meeting the 
communications equipment and technology needs of deaf-blind 
individuals; to ensure that the TRS Fund is being used for the purpose 
intended by Congress; to detect and prevent potential fraud, waste and 
abuse of the TRS Fund; to ensure compliance with our rules; and to 
inform our rulemaking for the permanent NDBEDP. This reporting schedule 
also coincides with and complements the schedule for program 
reimbursements. The information the Commission requires certified 
programs to report is set out in our rules.
    25. The Commission is mindful that qualitative as well as 
quantitative data may be needed to appropriately assess the efficiency 
and effectiveness of the certified programs and the pilot program, and 
to better inform the structure and operation and the development of 
rules for a permanent NDBEDP. The Commission takes particular note of 
the need expressed by several commenters for input from deaf-blind 
consumers, advocacy groups, and leaders. The Commission encourages 
certified programs to seek and obtain such qualitative data and to 
share that information with the Commission.
    26. In order to receive compensation from the TRS Fund, each 
certified program must engage an independent auditor to perform an 
annual audit designed to detect and prevent fraud, waste and abuse. In 
addition, all such programs must submit, as necessary, to any audits 
directed by the Commission, CGB, the NDBEDP Administrator, or the TRS 
Fund Administrator. The Commission also requires all certified programs 
to 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. The Commission believes that 
adopting these policies will promote greater transparency and 
accountability.
    27. To further prevent abuse, the Commission also adopts a rule 
that prohibits certified programs from accepting any type of financial 
arrangement from an equipment vendor that could incentivize the 
purchase of particular equipment. The Commission will request during 
the initial certification application process and thereafter, as 
necessary, disclosure of actual or potential conflicts of interest with 
manufacturers or providers of equipment, software, or applications that 
may be distributed under the NDBEDP. Finally, the Commission requires 
that each NDBEDP certified program filing these reports attest to the 
truth and accuracy of the information provided in these reports under 
penalty of perjury.

Logistics and Division of Responsibilities

    28. The Commission delegates authority to the CGB to take the 
administrative actions necessary to implement and administer the 
NDBEDP. CGB will designate an NDBEDP Administrator to review 
applications and certify programs for participation in the NDBEDP 
pilot; allocate funding; review submissions for reimbursement of costs; 
establish and maintain an NDBEDP Web site and oversee other outreach 
efforts undertaken by the Commission; confer with stakeholders and 
obtain, review, and analyze data to assess the effectiveness of the 
pilot program; work with Commission staff on the adoption of rules for 
a permanent program; and serve as the Commission's point of contact for 
the NDBEDP.
    29. The Commission also concludes that the TRS Fund Administrator, 
as directed by the NDBEDP Administrator, shall have responsibility for 
(A) reviewing cost submissions and releasing funds for equipment that 
has been distributed and authorized related services, including 
outreach efforts; (B) releasing funds for other authorized purposes, as 
requested by the Commission or CGB; and (C) collecting data as needed 
for delivery to the Commission and the NDBEDP Administrator.

Other Considerations

    30. Advisory Body. The Commission believes that the participation 
of deaf-blind consumers is critical in all aspects of the NDBEDP to 
ensure that the program effectively meets the needs of this 
constituency. The Commission is exploring the best means by which to 
engage and confer with these and other stakeholders. While the 
Commission will not create a separate advisory body at this time, the 
NDBEDP Administrator will nevertheless meet with stakeholders, 
including consumers who are deaf-blind, consumer groups, experts on 
deaf-blindness, technical experts, manufacturers, vendors, and 
certified programs, jointly or separately, during the course of the 
pilot program to obtain ongoing input and feedback.
    31. Central Repository. The Commission believes that the best means 
of ensuring that the public has up-to-date information about the 
equipment made available by NDBEDP certified programs is to include 
such information in the clearinghouse on accessible products and 
services that the Commission will be establishing over the next year 
under the CVAA. The Commission hopes to gather extensive information 
about the equipment provided under the NDBEDP for inclusion within this 
clearinghouse from the reports submitted during this pilot program.
    32. NDBEDP as a Supplemental Funding Source. When it is 
established, the NDBEDP will be one of several federal laws or programs 
that either mandate or authorize the provision of specialized CPE to 
individuals who are deaf-blind. The Commission concludes that the 
NDBEDP provides a new

[[Page 26646]]

funding resource for the distribution of equipment that supplements, 
rather than supplants any existing legal mandates or programs for 
equipment available to consumers today. Individuals who are deaf-blind 
should not be disqualified from participating in the NDBEDP pilot 
program because they may also be eligible for or receive equipment 
under other programs for other purposes (e.g., education or employment 
related equipment). Instead, individual assessments must be conducted 
to determine each deaf-blind person's needs for different settings. The 
Commission encourages NDBEDP certified programs to collaborate with 
other programs to achieve the goal of addressing the communication 
technology needs of this underserved population while avoiding 
duplicative services.
    33. Program Compliance. In addition to the certification, the 
Commission requires that each NDBEDP certified program requesting 
reimbursement for equipment and related services under this program 
attest to the truth and accuracy of the claims for reimbursement 
submitted, under penalty of perjury. To ensure that individuals with 
knowledge of program abuses are encouraged to come forward, the 
Commission also adopts a whistleblower protection rule for the NDBEDP 
pilot program. The Commission also reserves the right to suspend or 
revoke NDBEDP certification if, after notice and opportunity for 
hearing, it determines that such certification is no longer warranted. 
In cases where a program's certification has been suspended or revoked, 
the Commission delegates authority to CGB to take such steps as may be 
necessary, to ensure continuity of the NDBEDP for that state. The 
Commission may also, on its own motion, require a certified program to 
submit documentation demonstrating ongoing compliance with the 
Commission's rules, if it has reason to suspect that a state program 
may not be in compliance with its program rules or requirements.

Final Regulatory Flexibility Certification

    37. The Regulatory Flexibility Act of 1980, as amended (RFA), 
requires that a regulatory flexibility analysis be prepared for 
rulemaking proceedings, unless the agency certifies that ``the rule 
will not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' See 5 U.S.C. 603. The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' 5 U.S.C. 601(6). In addition, the term 
``small business'' has the same meaning as the term ``small business 
concern'' under the Small Business Act. A ``small business concern'' is 
one that: (1) Is independently owned and operated; (2) is not dominant 
in its field of operation; and (3) satisfies any additional criteria 
established by the Small Business Administration (SBA). 15 U.S.C. 632.
    38. In document FCC 11-56, the Commission proceeds with rules for 
implementing a NDBEDP pilot program to provide support to programs 
approved by the Commission for the distribution of specialized CPE to 
low-income individuals who are deaf-blind. In the Notice of Proposed 
Rulemaking in this proceeding, document FCC 11-3, the Commission 
concluded that no Initial Regulatory Flexibility Analysis was required 
because, even if a substantial number of small entities might be 
affected by the proposed rules, including those deemed to be small 
entities under the SBA's standard, all of the providers potentially 
affected by the proposed rules would be entitled to receive 
reimbursement for their reasonable costs of participation and 
compliance. Therefore, the Commission concluded that the rules proposed 
in document FCC 11-3, if adopted, would not have a significant impact 
on a substantial number of small entities. Accordingly, and as 
described below, the Commission provides this certification.
    39. In document FCC 11-56, the Commission adopts rules to implement 
section 105 of the CVAA, signed into law by President Obama on October 
8, 2010. The CVAA requires the Commission to take various measures to 
ensure that people with disabilities have access to emerging 
communications technologies in the 21st century. Section 105 of the 
CVAA adds section 719 to the Communications Act (the Act), as amended. 
Section 719 of the Act directs the Commission to establish rules, 
within six months of enactment, that define as eligible for relay 
service support those programs approved by the Commission for the 
distribution of specialized CPE to low-income individuals who are deaf-
blind. The equipment to be distributed is needed to make 
telecommunications service, Internet access service, and advanced 
communications, including interexchange services and advanced 
telecommunications and information services, accessible by individuals 
who are deaf-blind. For these purposes, section 719 of the Act adopts 
the definition of ``individuals who are deaf-blind'' in the Helen 
Keller National Center (HKNC) Act and authorizes $10 million annually 
from the Interstate Telecommunications Relay Service (TRS) Fund.
    40. Specifically, in document FCC 11-56, the Commission concludes 
that a two-year pilot program, with an option to extend for one more 
year, will enable the Commission to appropriately assess the most 
efficient and effective method of administering the NDBEDP, and lay the 
groundwork for a more permanent program. The Commission adopts rules to 
establish the NDBEDP pilot program which will rely on existing state 
equipment distribution programs (EDPs) and other entities to distribute 
equipment to deaf-blind individuals. The rules provide selection 
criteria for NDBEDP pilot program application and certification, and 
for the Commission to certify one program per state as eligible for 
support. The Commission also adopts eligibility and verification of 
requirements for individuals to qualify as ``low-income'' and ``deaf-
blind'' for receipt of equipment and services from NDBEDP certified 
programs.
    41. Document FCC 11-56 makes the full amount of authorized funding, 
$10 million, available to the NDBEDP pilot program during each TRS Fund 
year, of which up to $500,000 per year may be used to support certified 
programs through national outreach efforts. Initial funding allocations 
will provide a base amount of $50,000 for each state, with the balance 
of available funds allocated in proportion to the population of each 
state. Document FCC 11-56 gives NDBEDP certified programs the 
discretion to determine the equipment to be provided, whether 
specialized or off-the-shelf, separately or in combination, provided 
that the equipment meets the needs of the individual and makes the 
communications services covered under section 719 of the Act 
accessible. The rules require certified programs to submit requests for 
and to be reimbursed every six months, up to each state's allotment, 
for the equipment distributed and the reasonable costs of warranties, 
maintenance, repairs, temporary equipment loans, and refurbishing; and 
for the reasonable costs of conducting state and local outreach and 
individualized needs assessments, installing equipment, and providing 
individualized training on how to use the equipment. The rules adopt a 
funding cap for administrative costs at 15 percent of the total 
reimbursable costs for the distribution of equipment and provision of 
authorized related services. Funds that are not used in one TRS Fund 
year will

[[Page 26647]]

not be carried over to the next TRS Fund year.
    42. Document FCC 11-56 adopts a six-month reporting requirement for 
certified programs, specifying the information to be reported and 
certification under penalty of perjury by a senior executive of the 
certified program. In addition, document FCC 11-56 requires certified 
programs to conduct annual independent audits, retain records, and 
disclose potential conflicts of interest. Document FCC 11-56 also 
adopts rules for the designation of and actions to be taken by an 
NDBEDP Administrator, and the actions to be taken by the TRS Fund 
Administrator related to the administration and operation of the 
NDBEDP.
    43. With regard to whether the rules adopted by document FCC 11-56 
will have a significant economic impact on a substantial number of 
small entities, NDBEDP certified programs affected by these rules are 
entitled to receive reimbursement, as described above, up to each 
state's allotment, for the equipment distributed, related services 
provided, and administrative costs of participation in the NDBEDP. As 
such, the economic impact on such entities will be de minimis. 
Therefore, the Commission concludes that the rules adopted by document 
FCC 11-56 will not have a significant economic impact on these 
entities.
    44. With regard to whether a substantial number of small entities 
may be economically impacted by the rules adopted by document FCC 11-
56, the Commission notes that existing state EDPs and other entities 
certified by the Commission to participate in the NDBEDP pilot program 
to distribute equipment to low-income individuals who are deaf-blind 
are likely to meet the definition of a small entity as a ``small 
business,'' ``small organization,'' or a ``small governmental 
jurisdiction.'' The Commission describes here, at the outset, three 
comprehensive, statutory small entity size standards. First, 
nationwide, there are a total of approximately 27.2 million small 
businesses, according to the SBA. In addition, a ``small organization'' 
is generally ``any not-for-profit enterprise which is independently 
owned and operated and is not dominant in its field.'' Nationwide, as 
of 2002, there were approximately 1.6 million small organizations. 
Finally, the term ``small governmental jurisdiction'' is defined 
generally as ``governments of cities, towns, townships, villages, 
school districts, or special districts, with a population of less than 
fifty thousand.'' Census Bureau data for 2002 indicate that there were 
87,525 local governmental jurisdictions in the United States. The 
Commission estimates that, of this total, 84,377 entities were ``small 
governmental jurisdictions.'' Thus, the Commission estimates that most 
governmental jurisdictions are small.
    45. While the Congressional mandate has led us to list the above 
entities as the ones that in all reasonable likelihood will function as 
NDBEDP certified programs, there exists the possibility that our list 
may not be complete and/or may subsequently include entities not listed 
above. This includes entities which may not fit into traditional 
categories currently under the Commission's jurisdiction. However, as 
noted above, the Commission will rely on existing state EDPs and other 
entities to distribute equipment to low-income individuals who are 
deaf-blind. The rules provide selection criteria for NDBEDP pilot 
program application and certification, and for the Commission to 
certify one program per state as eligible for support. Therefore, a 
maximum of 53 entities may be selected to participate in the NDBEDP 
pilot program--the 50 states plus the District of Columbia, Puerto 
Rico, and the Virgin Islands. Each of these jurisdictions currently 
administers an intrastate TRS program. The Commission concludes, 
therefore, that a substantial number of small entities will not be 
affected by the rules adopted document FCC 11-56.
    46. Therefore, the Commission certifies that the requirements of 
document FCC 11-56 will not have a significant economic impact on a 
substantial number of small entities.
    47. The Commission will send a copy of document FCC 11-56, 
including a copy of this Final Regulatory Flexibility Certification, in 
a report to Congress and the Government Accountability Office pursuant 
to the Congressional Review Act. In addition, document FCC 11-56 and 
this final certification will be sent to the Chief Counsel for Advocacy 
of the SBA.

Ordering Clauses

    48. Pursuant to the authority contained in sections 1, 4(i), 4(j), 
and 719 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
154(i), 154(j), and 620, document FCC 11-56 is adopted.
    Document FCC 11-56 shall become effective June 8, 2011 except that 
rules that contain information collection requirements, which are 
subject to the PRA and require approval by OMB, shall become effective 
after the Commission publishes a notice in the Federal Register 
announcing such approval and the relevant effective date.
    49. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of document FCC 11-56, 
including the Final Regulatory Flexibility Certification, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR 64

    Reporting and recordkeeping requirements, Telecommunications, 
Telephone.

Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
1. The authority citation for part 64 is revised to read as follows:

    Authority:  47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Pub. 
L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 
225, 226, 228, 254(k), and 620, unless otherwise noted.

Subpart F--Telecommunications Relay Services and Related Customer 
Premises Equipment for Persons With Disabilities

0
2. The authority citation for Subpart F is revised to read as follows:

    Authority:  47 U.S.C. 151-154; 225, 255, 303(r), and 620.


0
3. Section 64.610 is added to read as follows:


Sec.  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

[[Page 26648]]

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)(ii)(A) 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.

[[Page 26649]]

    (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;
    (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.

[[Page 26650]]

    (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.

[FR Doc. 2011-10228 Filed 5-6-11; 8:45 am]
BILLING CODE 6712-01-P