47 C.F.R. § 54.702

Administrator's functions and responsibilities

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(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, and the low income support mechanism.

(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 § 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, 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 § 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.

(o) The Administrator shall provide performance measurements pertaining to the universal service support mechanisms as requested by the Commission by order or otherwise.

[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; 72 FR 54218, Sept. 24, 2007; 76 FR 73876, Nov. 29, 2011]

Notes of Decisions

Cited in 16 cases (8 in the last 5 years), 2002–2026 · leading case: Nat'l Lifeline Ass'n v. FCC, 983 F.3d 498 (D.C. Cir. 2020).

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Nat'l Lifeline Ass'n v. FCC, 983 F.3d 498 (D.C. Cir. 2020). · cites it 2× “See 47 C.F.R. § 54.702 (b). However, the Administrator’s role is relatively narrow: It “may not make policy, interpret unclear provisions of the [applicable] statute or [the Commission’s] rules, or interpret the intent of Congress.”

Consumers' Rsch. v. FCC, 109 F.4th 743 (5th Cir. 2024). · cites it 4× “” 47 C.F.R. § 54.702 (b). Most prominently, though, USAC is responsible for deciding the quarterly USF contribution amount—a projection of the dollar value of demand for universal support programs and the costs of administering them.”

Consumers' Rsch. v. Fed. Commc'ns Comm'n, 88 F.4th 917 (11th Cir. 2023). · cites it 4× “47 C.F.R. § 54.702 (c). Where there is confusion about how it should act, it must seek direction from the FCC.”

Conf. Grp., LLC v. Fed. Commc'ns Comm'n, 720 F.3d 957 (D.C. Cir. 2013). “It has no policy or interpretive role, see 47 C.F.R. § 54.702 (e), and must seek guidance from the Commission where the Act or the Commission’s rules are unclear or do not address a particular situation, id.”

United States ex rel. Heath v. Wisconsin Bell, Inc., 111 F. Supp. 3d 923 (E.D. Wis. 2015). · cites it 2× “709, the regulatory relationship between the FCC and the Fund, 47 C.F.R. §§ 54.702 (requiring the USAC to seek FCC guidance on policy and interpretation questions), 54.”

Martha Self v. BellSouth Mobility, Inc., 700 F.3d 453 (11th Cir. 2012). “” 47 C.F.R. § 54.702 (b). After the FCC issued the Universal Service Order, several carriers challenged it by filing petitions for review in various federal courts of appeals.”

Consumers' Rsch. v. FCC, 63 F.4th 441 (5th Cir. 2023). “See 47 C.F.R. § 54.702 (b) (providing that USAC “may not make policy, interpret unclear provisions of the statute or rules, or interpret the intent of Congress”).”

City of Springfield v. Lan Tamers, Inc. (In Re Lan Tamers, Inc.), 281 B.R. 782 (Bankr. D. Mass. 2002). “47 C.F.R. § 54.702 (2002). The procedures for applying for reimbursement are set forth in the FCC’s regulations and the USAC manual.”

Wwc Holding Co., Inc. v. Sopkin, 420 F. Supp. 2d 1186 (D. Colo. 2006). “47 C.F.R. § 54.702 . Contributions from telecommunications carriers are determined by the USAC using a quarterly contribution factor calculated by the FCC.”

Consumers' Rsch. v. Fed. Commc'ns Comm'n (11th Cir. 2023). · cites it 4× “47 C.F.R. § 54.702 (c). Where there is confusion about how it should act, it must seek direction from the FCC.”

Todd Heath v. Wisconsin Bell, Inc., 90 F.4th 1193 (7th Cir. 2024). · cites it 3× “Wisconsin Bell disagrees, arguing that because the USAC “may not make policy, interpret unclear provisions of the stat- ute or rules, or interpret the intent of Congress,” see 47 C.F.R. § 54.702 (c), it cannot alter the United States’ legal obligations and therefore does not act…”

Whether FCC's Lifeline Prog. is a Benefit Subject to the Pers. Responsibility & Work Opportunity Reconciliation Act of 1996 (OLC 2026). · cites it 3× “§ 254(d); 47 C.F.R. § 54.702 (a), (n). All telecommunica- tions carriers that provide “interstate telecommunications services” must financially contribute to the USF on a quarterly basis.”

Show all 16 citing cases →

— 47 C.F.R. § 54.702(c) — 1 case

Consumers' Rsch. v. FCC, 109 F.4th 743 (5th Cir. 2024). “” 47 C.F.R. § 54.702 (b). Most prominently, though, USAC is responsible for deciding the quarterly USF contribution amount—a projection of the dollar value of demand for universal support programs and the costs of administering them.”

— 47 C.F.R. § 54.702(g) — 2 cases

Consumers' Rsch. v. Fed. Commc'ns Comm'n, 88 F.4th 917 (11th Cir. 2023). “47 C.F.R. § 54.702 (c). Where there is confusion about how it should act, it must seek direction from the FCC.”

Consumers' Rsch. v. Fed. Commc'ns Comm'n (11th Cir. 2023). “47 C.F.R. § 54.702 (c). Where there is confusion about how it should act, it must seek direction from the FCC.”

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