FCC Record, Volume 27, No. 4, Pages 2786 to 3727, March 19 - April 6, 2012 Page: 2,814
ix, 2786-3727 p. ; 28 cm.View a full description of this book.
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III. FREQUENCY OF REIMBURSEMENT CLAIMS
4. The interim rules establishing the NDBEDP pilot program became effective on
September 21, 2011." The Commission subsequently announced that it would accept applications
through November 21, 2011, from programs interested in receiving certification to participate in the
NDBEDP pilot program.12 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.
5. More than half of the applications received for NDBEDP certification include a request
for the Commission to permit claims for reimbursement of NDBEDP expenses more frequently than once
every six months.14 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.'6 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.'7
6. Generally, the Commission may waive any provision of its rules on its own motion for
good cause shown.'s In addition, the Commission may take into account considerations of hardship,
equity, or more effective implementation of overall policy on an individual basis.'9 In sum, a waiver of
" See 76 Fed. Reg. 58,412 (Sept. 21, 2011).
12 See Public Notice, DA 11-1591, 26 FCC Rcd 13118 (Sept. 22, 2011).
"3 The Commission received more than one application in five of the 53 jurisdictions covered by the NDBEDP pilot
program, resulting in a total of 58 applications submitted.
4 Of the 58 applications received, a total of 35 applications (60%) include requests for more frequent
reimbursement cycles (29 request monthly reimbursements; 5 request quarterly reimbursements; and I requests bi-
monthly reimbursement).
5 See, e.g., applications received from entities in Arizona (will be unable to actively market the program without a
waiver); Georgia; Louisiana (reimbursement every six months will restrict ability to purchase the equipment and
handle other required tasks); Michigan; New Hampshire (waiver needed to ensure ability to hire consultants and
staff); Rhode Island; and West Virginia.
16 See. e.g., applications received from entities in California (requests waiver due to current economic uncertainty
and to maintain current financial stability to ensure contractors and vendors are reimbursed timely) and Connecticut
(more frequent intervals will allow for more timely payments to external entities conducting assessments,
installation, and training).
17 See, e.g., applications received from entities in Maine (six-month wait for reimbursement for sizeable
expenditures is not feasible); Minnesota (has experienced a near 20% loss of permanent funding as a result of state
budget reductions over the past five years); Nebraska (application contingent on the grant of a waiver), Nevada
(non-profit organization unable to provide services without monthly reimbursement); and Utah (large upfront
expenses for equipment necessitate requesting waiver).
' See 47 C.F.R. 1.3.
'9 WAITRadio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969), affirmed, 459 F.2d 1203 (D.C. Cir. 1972).2814
Federal Communications Commission
DA 12-430
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 4, Pages 2786 to 3727, March 19 - April 6, 2012, book, April 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc102306/m1/45/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.