Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Rules and Regulations 20553 

Verizon is granted in part and 

dismissed in part and the Petition for 

Reconsideration of United States 

Telecom Association is dismissed in 

part. 

19. It is further ordered, that the 

Commission shall send a copy of this 

Order to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

20. It is further ordered, that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Order, including the Final 

Regulatory Flexibility Certification, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

List of Subjects 47 CFR Parts 54 and 61 

Communications common carriers, 

Reporting and record keeping 

requirements, Telecommunications, 

Telephone. 

Federal Communications Commission. 

Sharon E. Gillett, 

Chief, Wireline Competition Bureau. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR parts 54 

and 61 to read as follows: 

PART 54—UNIVERSAL SERVICE 

■ 1. The authority citation for part 54 

continues to read as follows: 

Authority: 47 U.S.C. 151, 154(i), 201, 205, 

214, 219, 220, 254, 303(r), 403, and 1302 

unless otherwise noted. 

■ 2. Amend § 54.5 by revising the 

definition of ‘‘rate-of-return carrier’’ to 

read as follows. 

§ 54.5 Terms and definitions. 

* * * * * 

Rate-of-return carrier. ‘‘Rate-of-return 

carrier’’ shall refer to any incumbent 

local exchange carrier not subject to 

price cap regulation as that term is 

defined in § 61.3(ee) of this chapter. 

* * * * * 

PART 61—TARIFFS 

■ 3. The authority citation for part 61 

continues to read as follows: 

Authority: Secs. 1, 4(i), 4(j), 201–205 and 

403 of the Communications Act of 1934, as 

amended; 47 U.S.C. 151, 154(i), 154(j), 201– 

205 and 403, unless otherwise noted. 

■ 4. Revise § 61.26(f) to read as follows: 

§ 61.26 Tariffing of competitive interstate 

switched exchange access services. 

* * * * * 

(f) If a CLEC provides some portion of 

the switched exchange access services 

used to send traffic to or from an end 

user not served by that CLEC, the rate 

for the access services provided may not 

exceed the rate charged by the 

competing ILEC for the same access 

services, except if the CLEC is listed in 

the database of the Number Portability 

Administration Center as providing the 

calling party or dialed number, the 

CLEC may, to the extent permitted by 

§ 51.913(b) of this chapter, assess a rate 

equal to the rate that would be charged 

by the competing ILEC for all exchange 

access services required to deliver 

interstate traffic to the called number. 

* * * * * 

[FR Doc. 2012–7057 Filed 4–4–12; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket No. 10–210; DA 12–430] 

Relay Services for Deaf-Blind 

Individuals 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; waiver of 

requirement. 

SUMMARY: In this document, the 

Commission conditionally waives the 

requirement for National Deaf Blind 

Equipment Distribution Program 

(NDBEDP) certified programs to submit 

reimbursement claims only once every 

six months, to permit certified programs 

to submit reimbursement claims as 

frequently as monthly. The Commission 

waives this requirement for good cause 

shown, to reduce the financial burden 

on programs that the Commission 

certifies to participate in the NDBEDP, 

and to better enable selected 

participants to fully meet the needs of 

eligible low-income, deaf-blind 

individuals in a timely manner. 

DATES: This document is effective May 

7, 2012, except the modified reporting 

requirement in 47 CFR 64.610(f)(2), 

published at 76 FR 26641, May 9, 2011, 

has not been approved by the Office of 

Management and Budget (OMB). The 

modified information collection 

requirement shall become effective 

when the Commission publishes a 

document in the Federal Register 

announcing OMB approval and the 

effective date of the requirement. 

FOR FURTHER INFORMATION CONTACT: 

Rosaline Crawford, Consumer and 

Governmental Affairs Bureau, Disability 

Rights Office, at (202) 418–2075 or 

email Rosaline.Crawford@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s document 

DA 12–430, adopted March 20, 2012, 

and released March 20, 2012, in CG 

Docket No. 10–210. 

The full text of document DA 12–430 

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 DA 12– 

430 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 email to 

fcc504@fcc.gov or call the Consumer 

and Governmental Affairs Bureau at 

202–418–0530 (voice), 202–418–0432 

(TTY). 

Paperwork Reduction Act of 1995 

Analysis 

Document DA 12–430 contains a 

modified information collection 

requirement. The Commission, as part 

of its continuing effort to reduce 

paperwork burdens, invites the general 

public to comment on the modified 

information collection requirement 

contained in document DA 12–430 as 

required by the Paperwork Reduction 

Act (PRA), Public Law 104–13 in a 

separate published Federal Register 

Notice (Notice). Public and agency 

comments are due on or before May 29, 

2012. See Information Collection Being 

Reviewed by the Federal 

Communications Commission, Notice, 

published at 77 FR 18813, March 28, 

2012. 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 

fewer than 25 employees.’’ See 44 

U.S.C. 3506(c)(4). In the present 

document, the Commission has assessed 

the effects of the rules for the NDBEDP 

pilot program and finds that the 


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20554 Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Rules and Regulations 

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 not send a copy 

of document DA 12–430 to Congress 

and the Government Accountability 

Office pursuant to the Congressional 

Review Act, see 5 U.S.C. 801(a)(1)(A), 

because the conditional waiver adopted 

in document DA 12–430 does not 

amend the Commission’s rules. 

Synopsis 

1. On April 4, 2011, in accordance 

with the Twenty-First Century 

Communications and Video 

Accessibility Act (CVAA), Public Law 

111–260, 124 Stat. 2751 (2010), the 

Commission adopted a Report and 

Order establishing the National DeafBlind Equipment Distribution Program 

(NDBEDP). See Relay Services for DeafBlind Individuals, Report and Order, 

document FCC 11–56, published at 76 

FR 26641, May 9, 2011 (NDBEDP Pilot 

Program Order). The goal of the 

NDBEDP is to ensure that low-income 

individuals who are deaf-blind receive 

the equipment they need to effectively 

access telecommunications services, 

Internet access services, and advanced 

communications services. The CVAA 

authorizes the Commission to allocate 

up to $10 million annually from the 

Interstate Telecommunications Relay 

Services Fund (TRS Fund) for this 

nationwide equipment distribution 

effort. See 47 U.S.C. 620(c). The 

Commission will certify and provide 

funding to one entity in each state for 

the purpose of distributing 

communications equipment to lowincome individuals who are deaf-blind. 

2. NDBEDP certified programs may 

seek reimbursement of costs from the 

TRS Fund up to the funding allocation 

for the state, for the equipment they 

distribute, the reasonable costs of 

providing related services, and the costs 

associated with administering these 

programs. In the NDBEDP Pilot Program 

Order, the Commission adopted a 

funding mechanism that allows for 

reimbursement for these authorized 

costs every six months. See 47 CFR 

64.610(f)(2) of the Commission’s rules. 

To obtain reimbursement for authorized 

costs, certified programs must provide 

the Commission with documentation 

and a reasonably detailed explanation of 

the costs actually incurred during the 

prior six-month period of the funding 

year. 

Frequency of Reimbursement Claims 

3. The Commission announced that it 

would accept applications through 

November 21, 2011, from programs 

interested in receiving certification to 

participate in the NDBEDP pilot 

program. See FCC Announces 60-Day 

Period to Apply for Certification to 

Participate in the National Deaf-Blind 

Equipment Distribution Program, Public 

Notice, document DA 11–1591, released 

September 22, 2011. In response, the 

Commission received 58 applications 

from entities representing each of the 50 

states, the District of Columbia, Puerto 

Rico, and the Virgin Islands. All 

applications are from state or local 

government agencies or non-profit 

entities. 

4. More than half of the applications 

received include a request for the 

Commission to permit claims for 

reimbursement of NDBEDP expenses 

more frequently than once every six 

months. Many of the applicants assert 

that the inability to receive 

compensation more frequently than 

once every six months will compromise 

significantly their ability to staff their 

programs, purchase equipment, actively 

conduct program outreach, and handle 

other required tasks. Accordingly, they 

claim that the once every six months 

reimbursement interval will severely 

and profoundly limit their ability to 

serve eligible low-income, deaf-blind 

individuals in a timely manner. Several 

applicants also assert that permitting 

more frequent claims for reimbursement 

is necessary to maintain financial 

stability and to ensure timely payments 

to vendors and contractors. Still others 

raise questions about their ability to 

participate in the NDBEDP program at 

all if not permitted to receive 

compensation on a more frequent basis, 

especially given their non-profit status, 

the sizeable expenditures they must 

incur for covered equipment, and recent 

budget reductions experienced by state 

and local government agencies that 

make reliance on regular funding 

critical to their participation in this 

program. 

5. Generally, the Commission may 

waive any provision of its rules on its 

own motion for good cause shown. See 

47 CFR 1.3 of the Commission’s rules. 

In addition, the Commission may take 

into account considerations of hardship, 

equity, or more effective 

implementation of overall policy on an 

individual basis. WAIT Radio v. FCC, 

418 F.2d 1153, 1157 (D.C. Cir. 1969), 

affirmed, 459 F.2d 1203 (D.C. Cir. 1972). 

In sum, a waiver of our rules is 

appropriate if special circumstances 

warrant a deviation from the general 

rule, and such deviation would better 

serve the public interest than strict 

adherence to the general rule. Northeast 

Cellular Tel. Co. v. FCC, 897 F.2d 1164, 

1166 (D.C. Cir. 1990). 

6. For good cause shown, and to 

reduce the financial burden on 

programs that the Commission certifies 

to participate in the NDBEDP and better 

enable selected participants to fully 

meet the needs of eligible low-income, 

deaf-blind individuals in a timely 

manner, the Commission conditionally 

waives its rules to permit such programs 

to submit claims for reimbursement 

from the TRS Fund more frequently. 

The Commission finds persuasive 

applicants’ assertions that a six-month 

reimbursement cycle will impose a 

hardship that could prevent many 

entities from participating in the 

NDBEDP. Many of the non-profit and 

state or local programs that have applied 

for certification report that they operate 

on limited funding that will be strained 

if forced to wait a full six months for 

compensation. This is especially true 

given the high costs of equipment 

generally required by individuals who 

are deaf-blind. The Commission finds 

that the large upfront expenses needed 

for such equipment justifies a waiver to 

permit more frequent reimbursement. 

7. To be compensated for equipment 

distributed and services rendered under 

the NDBEDP pursuant to this waiver, 

each certified entity must comply with 

certain conditions. Specifically, each 

certified entity that wishes to take 

advantage of this waiver will be 

permitted to elect a reimbursement 

schedule on either a monthly or 

quarterly basis. Such entity must notify 

the TRS Fund Administrator of its 

election at the start of each Fund Year, 

and maintain that schedule for the 

duration of the Year. Entities electing to 

seek reimbursement on a monthly or 

quarterly basis also will be required to 

submit documentation and a reasonably 

detailed explanation of costs incurred 

within 30 days after the end of each 

month or quarter, respectively, of the 

Fund Year (July 1 through June 30). See 

47 CFR 64.610(f)(2) of the Commission’s 

rules. In either case, the TRS Fund 

Administrator and the NDBEDP 

Administrator shall review the costs 

submitted and may request supporting 

documentation to verify the expenses 

claimed. See 47 CFR 64.610(f) of the 

Commission’s rules. Entities that do not 

take advantage of this waiver do not 

need to so notify the Fund 

Administrator, but will be required to 

submit documentation and a reasonably 

detailed explanation of their costs 

incurred within 30 days after the end of 

each six-month period of the funding 


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Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Rules and Regulations 20555 

year, as required by the Commission’s 

rules. See 47 CFR 64.610(f)(2) of the 

Commission’s rules. In each case, costs 

submitted must be for those costs 

actually incurred during each preceding 

one-, three-, or six-month period. 

8. The Commission further notes that 

the waiver granted in document DA 12– 

430 will be for the duration of the 

NDBEDP pilot program. The purpose of 

establishing the NDBEDP initially as a 

pilot program is to provide the 

flexibility needed to enable certified 

programs to structure their distribution 

and service delivery systems to 

effectively meet the needs of their 

participants. This flexibility is expected 

to result in a variety of equipment 

distribution and service delivery models 

that could serve as the foundation for 

establishment of the permanent 

NDBEDP. The Commission concludes 

that allowing certified entities to receive 

the needed funding in a timely manner 

will better enable such entities to make 

their programs effective and sustainable, 

which, in turn, will help inform future 

Commission decisions regarding a 

permanent NDBEDP that furthers the 

public interest. 

Ordering Clauses 

9. Pursuant to sections 4(i) and 719 of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 620, and 

§ 1.3 of the Commission’s rules, 47 CFR 

1.3, and § 64.610(f)(2) of the 

Commission’s rules is conditionally 

waived to permit NDBEDP certified 

programs to submit claims for 

reimbursement more frequently than 

once every six months as required by 

§ 64.610(f)(2) of its rules and to submit 

reimbursement claims up to one time 

each month. 

10. This action is taken under 

delegated authority pursuant to §§ 0.141 

and 0.361 of the Commission’s rules, 47 

CFR 0.141, 0.361. 

Federal Communications Commission. 

Karen Peltz Strauss, 

Deputy Chief, Consumer and Governmental 

Affairs Bureau. 

[FR Doc. 2012–8133 Filed 4–4–12; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MM Docket No. 99–25; FCC 12–28] 

Implementation of the Local 

Community Radio Act of 2010; 

Revision of Service and Eligibility 

Rules for Low Power FM Stations 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; denial of petitions for 

reconsideration. 

SUMMARY: In this document, the 

Commission modifies its rules in order 

to implement provisions of the Local 

Community Radio Act of 2010 

(‘‘LCRA’’) that unambiguously require 

the Commission to eliminate its thirdadjacent channel spacing requirements 

and to maintain the spacing 

requirements currently in place to 

protect radio reading services. The 

Commission also dismisses and/or 

denies various petitions for 

reconsideration of the Third Report and 

Order in MM Docket No. 99–25 and 

terminates a Second Further Notice of 

Proposed Rulemaking in that docket. 

DATES: Effective June 4, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Peter Doyle (202) 418–2789. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s document 

in MM Docket No. 99–25, FCC No. 12– 

28, adopted March 19, 2012. A synopsis 

of the proposed rulemaking segment of 

this decision will be published in a later 

issue of the Federal Register. The full 

text of the Fifth Report and Order, 

Fourth Further Notice of Proposed 

Rulemaking and Fourth Order on 

Reconsideration is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center (Room CY–A257), 445 12th 

Street SW., Washington, DC 20554. The 

full text may also be downloaded at: 

http://www.fcc.gov. 

Paperwork Reduction Act Analysis. 

This Report and Order does not adopt 

any new or revised information 

collection requirements subject to the 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13 (44 U.S.C. 

3501–3520). In addition, therefore, it 

does not contain any new or modified 

‘‘information collection burden for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Report to Congress. The Commission 

will send a copy of this Fifth Report & 

Order to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

Summary of Fifth Report and Order 

and Fourth Order on Reconsideration 

I. Introduction 

1. In the Fifth Report and Order, we 

modify our rules to implement certain 

provisions of the Local Community 

Radio Act of 2010 (‘‘LCRA’’), which 

unambiguously require the Commission 

to eliminate its third-adjacent channel 

spacing requirements and to maintain 

the spacing requirements currently in 

place to protect radio reading services. 

In the Fourth Order on Reconsideration, 

we dismiss in part and deny in part a 

petition for reconsideration of the Third 

Report and Order in this docket, which 

the Commission released in 2007, and 

terminate the Second Further Notice of 

Proposed Rulemaking (Second FNPRM) 

that accompanied that order. 

II. Background 

2. In January 2000, the Commission 

adopted a Report and Order establishing 

the LPFM service. In doing so, the 

Commission sought ‘‘to create a class of 

radio stations designed to serve very 

localized communities or 

underrepresented groups within 

communities.’’ The Commission created 

two classes of LPFM facilities. The 

LP100 class consists of stations with a 

maximum power of 100 watts effective 

radiated power (‘‘ERP’’) at 30 meters 

antenna height above average terrain 

(‘‘HAAT’’), providing an FM service 

radius (1 mV/m or 60 dBu) of 

approximately 3.5 miles. The LP10 class 

consists of stations with a maximum of 

10 watts ERP at 30 meters HAAT, 

providing an FM service radius of 

approximately one to two miles. ‘‘[T]o 

preserve the integrity and technical 

excellence of existing FM radio 

service,’’ the Commission adopted 

separation requirements for LPFM 

stations operating on co-, first- and 

second-adjacent channels to full-service 

FM, FM translator and FM booster 

stations. The Commission, however, 

declined to impose third adjacent 

channel distance separation 

requirements, and declined to adopt 

special protections for radio reading 

services. The Commission specified that 

LPFM stations operate on a ‘‘secondary’’ 

basis. In other words, LPFM stations 

generally cannot cause interference to 

existing and future full-service FM and 

other ‘‘primary’’ stations and are not 

protected against interference from 

these stations. 


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