60378 Federal Register / Vol. 65, No. 197 / Wednesday, October 11, 2000 / Rules and Regulations

physical facility. In the case of a multisite supplier, records may be

maintained at a centralized location;

(8) Permits HCFA, or its agents to

conduct on-site inspections to ascertain

supplier compliance with the

requirements of this section. The

supplier location must be accessible

during reasonable business hours to

beneficiaries and to HCFA, and must

maintain a visible sign and posted hours

of operation;

(9) Maintains a primary business

telephone listed under the name of the

business locally or toll-free for

beneficiaries. The supplier must furnish

information to beneficiaries at the time

of delivery of items on how the

beneficiary can contact the supplier by

telephone. The exclusive use of a beeper

number, answering service, pager,

facsimile machine, car phone, or an

answering machine may not be used as

the primary business telephone for

purposes of this regulation;

(10) Has a comprehensive liability

insurance policy in the amount of at

least $300,000 that covers both the

supplier’s place of business and all

customers and employees of the

supplier. In the case of a supplier that

manufactures its own items, this

insurance must also cover product

liability and completed operations.

Failure to maintain required insurance

at all times will result in revocation of

the supplier’s billing privileges

retroactive to the date the insurance

lapsed;

(11) Must agree not to contact a

beneficiary by telephone when

supplying a Medicare-covered item

unless one of the following applies:

(i) The individual has given written

permission to the supplier to contact

them by telephone concerning the

furnishing of a Medicare-covered item

that is to be rented or purchased.

(ii) The supplier has furnished a

Medicare-covered item to the individual

and the supplier is contacting the

individual to coordinate the delivery of

the item.

(iii) If the contact concerns the

furnishing of a Medicare-covered item

other than a covered item already

furnished to the individual, the supplier

has furnished at least one covered item

to the individual during the 15-month

period preceding the date on which the

supplier makes such contact.

(12) Must be responsible for the

delivery of Medicare covered items to

beneficiaries and maintain proof of

delivery. (The supplier must document

that it or another qualified party has at

an appropriate time, provided

beneficiaries with necessary information

and instructions on how to use

Medicare-covered items safely and

effectively);

(13) Must answer questions and

respond to complaints a beneficiary has

about the Medicare-covered item that

was sold or rented. A supplier must

refer beneficiaries with Medicare

questions to the appropriate carrier. A

supplier must maintain documentation

of contacts with beneficiaries regarding

complaints or questions;

(14) Must maintain and replace at no

charge or repair directly, or through a

service contract with another company,

Medicare-covered items it has rented to

beneficiaries. The item must function as

required and intended after being

repaired or replaced;

(15) Must accept returns from

beneficiaries of substandard (less than

full quality for the particular item or

unsuitable items, inappropriate for the

beneficiary at the time it was fitted and

rented or sold);

(16) Must disclose these supplier

standards to each beneficiary to whom

it supplies a Medicare-covered item;

(17) Must comply with the disclosure

provisions in § 420.206 of this

subchapter;

(18) Must not convey or reassign a

supplier number;

(19) Must have a complaint resolution

protocol to address beneficiary

complaints that relate to supplier

standards in paragraph (c) of this

section and keep written complaints,

related correspondence and any notes of

actions taken in response to written and

oral complaints. Failure to maintain

such information may be considered

evidence that supplier standards have

not been met. (This information must be

kept at its physical facility and made

available to HCFA, upon request.);

(20) Must maintain the following

information on all written and oral

beneficiary complaints, including

telephone complaints, it receives:

(i) The name, address, telephone

number, and health insurance claim

number of the beneficiary.

(ii) A summary of the complaint; the

date it was received; the name of the

person receiving the complaint, and a

summary of actions taken to resolve the

complaint.

(iii) If an investigation was not

conducted, the name of the person

making the decision and the reason for

the decision.

(21) Provides to HCFA, upon request,

any information required by the

Medicare statute and implementing

regulations.

(d) Failure to meet standards. HCFA

will revoke a supplier’s billing

privileges if it is found not to meet the

standards in paragraphs (b) and (c) of

this section. (The revocation is effective

15 days after the entity is sent notice of

the revocation, as specified in § 405.874

of this subchapter.)

(e) Renewal of billing privileges. A

supplier must renew its application for

billing privileges every 3 years after the

billing privileges are first granted. (Each

supplier must complete a new

application for billing privileges 3 years

after its last renewal of privileges.)

(Catalog of Federal Domestic Assistance

Program No. 93.773, Medicare—Hospital

Insurance; and Program No. 93.774,

Medicare—Supplementary Medical

Insurance Program)

Dated: December 15, 1999.

Nancy-Ann Min DeParle,

Administrator, Health Care Financing,

Administration.

Approved: March 29, 2000.

Donna E. Shalala,

Secretary.

Editorial Note: This document was

received at the Office of the Federal

Register September 29, 2000.

[FR Doc. 00–25495 Filed 10–10–00; 8:45 am]

BILLING CODE 4120–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2205, MM Docket No. 00–76; RM–

9809]

Digital Television Broadcast Services;

Urbana, IL

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of The University of Illinois

Board of Trustees, licensee of

noncommercial education Station

WILL–TV, substitutes DTV Channel *9

for DTV Channel *33 at Urbana, Illinois.

See 65 FR 30599, May 12, 2000. DTV

Channel *9 can be allotted to Urbana at

coordinates (40–02–18 N. and 88–40–

10W.) with a power of 30, HAAT of 302

meters, and a DTV service population of

1005 thousand. With this action, this

proceeding is terminated.

DATES: Effective November 16, 2000.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 00–76,

adopted September 29, 2000, and

released October 2, 2000. The full text

of this Commission decision is available

Federal Register / Vol. 65, No. 197 / Wednesday, October 11, 2000 / Rules and Regulations 60379

for inspection and copying during

normal business hours in the FCC

Reference Center, 445 12th Street, SW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Television, Digital television

broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.622 [Amended]

2. Section 73.622(b), the Table of

Digital Television Allotments under

Illinois, is amended by removing DTV

Channel *33 and adding DTV Channel

*9 at Urbana.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 00–25359 Filed 10–10–00; 8:45 am]

BILLING CODE 6712–01–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2104; MM Docket No. 00–109; RM–

9899]

Radio Broadcasting Services;

Ravenwood, MO; Correction

AGENCY: Federal Communications

Commission.

ACTION: Final rule; correction.

SUMMARY: This document corrects a

final rule concerning Radio

Broadcasting Service; Ravenwood, MO

published in the Federal Register on

September 26, 2000, 65 FR 57745.

DATES: Effective October 30, 2000.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: We

published a document amending part 73

in the Federal Register of September 26,

2000, 65 FR 57745 (FR Doc. 00–24647).

In that document, the Commission is

correcting § 73.202(b) to reflect a change

in the community in the Table of FM

Allotments from Ravenwood, Florida to

Ravenwood, Missouri. In rule FR Doc.

00–24647, published September 26,

2000, 65 FR 57745, make the following

corrections:

PART 73—[CORRECTED]

§ 73.202 [Corrected]

1. On page 57745, in the third

column, in amendatory instruction 2, in

the second line, correct ‘‘Florida’’ to

read ‘‘Missouri.’’

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–26013 Filed 10–10–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 90

[PR Docket No. 93–144; FCC 00–288]

Rules To Facilitate Future

Development of SMR Systems in the

800 MHz Frequency Band

AGENCY: Federal Communications

Commission.

ACTION: Final rule; compliance deadline

requirement.

SUMMARY: In this document, the

Commission sets forth the construction

requirements that the Commission will

impose on incumbent 800 MHz

Specialized Mobile Radio (SMR)

commercial licensees operating wide

area systems that include Business and

Industrial/Land Transportation (BI/LT)

channels obtained prior to 1995 through

inter-category sharing. This action is

taken in light of the Commission’s

Memorandum Opinion and Order on

Remand (Remand Order) and the

appellate court decision, Fresno Mobile

Radio, Inc. v. FCC (Fresno). We will

allow incumbent wide-area 800 MHz

SMR licensees using BI/LT channels an

analogous construction period as we

allowed eligible licensees of the

Remand Order provided that such

eligible licensees satisfy the conditions

described herein and provide the

requisite certification to the

Commission.

DATES: Effective October 11, 2000.

Incumbent wide-area licensees must file

certifications of construction within

fifteen (15) days after the licensee’s

applicable construction deadline or

December 11, 2000, whichever is later.

FOR FURTHER INFORMATION CONTACT:

Chris Gacek, Wireless

Telecommunications Bureau, at (202)

418–1743; for additional information

concerning the information collections

contained in this document contact Judy

Boley at (202) 418–0214, or via the

Internet at jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This

Memorandum Opinion & Order (MO&O)

in PR Docket No. 93–144, adopted

August 2, 2000, and released August 4,

2000, is available for inspection and

copying during normal business hours

in the FCC Reference Center, 445

Twelfth Street, S.W., Washington D.C.

The complete text may be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, N.W.,

Washington D.C. 20036 (202) 857–3800.

The document is also available via the

internet at: http://www.fcc.gov/Bureaus/

Wireless/Orders/2000/fcc00288.doc.

Synopsis of Memorandum Opinion and

Order

I. Introduction

In this Memorandum Opinion and

Order (MO&O), we set forth the

construction requirements that the

Commission will impose on incumbent

800 MHz Specialized Mobile Radio

(SMR) commercial licensees operating

wide area systems that include Business

and Industrial/Land Transportation (BI/

LT) channels obtained prior to 1995

through inter-category sharing. This

action is taken in light of the

Commission’s decision in its

Memorandum Opinion and Order on

Remand (Remand Order), 14 FCC Rcd.

21679 (1999), published 65 FR 7751

(Feb. 16, 2000), which responded to the

decision of the U.S. Court of Appeals for

the District of Columbia Circuit (Court)

in Fresno Mobile Radio, Inc. v. FCC

(Fresno), 165 F.3d 965 (D.C. Cir. 1999).

Incumbent wide-area licensees must file

certifications of construction within

fifteen (15) days after the licensee’s

applicable construction deadline or

December 11, 2000, whichever is later.

II. Summary of the Memorandum

Opinion and Order

A. Background

The 800 MHz band is divided into

four channel groups—SMR, General

Category, BI/LT, and Public Safety, each

with its own eligibility rules. 800 MHz

SMR channels are designated for

commercial use, while 800 MHz BI/LT

channels are designated for noncommercial internal use by the licensee.

Prior to 1995, in certain circumstances,

the Commission allowed SMR licensees

to apply for BI/LT channels under intercategory sharing rules, which the SMR

licensee could then use commercially