1 FCC Fourth Report and Order Recovery of Funds Excerpts from the Order FCC 04-181 Adopted: July 23, 2004 Released: July 30, 2004.

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Presentation transcript:

1 FCC Fourth Report and Order Recovery of Funds Excerpts from the Order FCC Adopted: July 23, 2004 Released: July 30, 2004

2 Revised Recovery of Funds Recovery is directed at whichever party or parties has committed the statutory or rule violation. (paragraph 1) We [FCC] conclude that recovering disbursed funds from the party or parties that violated the statue or a Commission rule will further our goals of minimizing waste, fraud and abuse in the schools and libraries support mechanism. (paragraph 13)

3 Two Examples of Violations Commitments seeking discounts for ineligible services (paragraph 4) Commitments seeking discounts for services to be provided by non- telecommunications carriers (paragraph 4)

4 Effective Date This revised recovery approach shall apply on a going forward basis to all matters for which USAC has not yet issued a demand letter as of the effective date of this order, and to all recovery actions currently under appeal to either USAC or this agency. (paragraph 10)

5 Effective Date (2) We do not intend to modify any recovery action in which the service provider has satisfied the outstanding obligation or for which USAC has already issued an initial demand letter. (paragraph 10) We note, however, that any service provider is free to challenge a recovery action directed to it if the time frame for seeking an appeal from USAC or the Commission has not yet run. (footnote 30)

6 Determination of Violator USAC shall consider which party was in a better position to prevent the statutory or rule violation, and which party committed the act or omission that forms the basis for the statutory or rule violation. (paragraph 15)

7 Both Parties Share Responsibility Both the beneficiary and the service provider may share responsibility for a statutory or rule violation. (paragraph 15) In such situations, USAC may initiate recovery action against both parties, and shall pursue such claims until the amount is satisfied by one of the parties. (paragraph 15)

8 “Good Samaritan” SP Good Samaritans should not be subject to recovery actions except in those situations where the Good Samaritan itself has committed the act or omission that violates our rules or the governing statute. (paragraph 17)

9 References FCC Fourth Report and Order hmatch/FCC A1.pdf hmatch/FCC A1.pdf FCC Releases Fourth Report and Order archive/2004/ asp archive/2004/ asp

10 References Commitment Adjustment (COMAD) -adjustments.aspx -adjustments.aspx Good Samaritan Solution for Certain Applicants corrections/good-samaritan.aspx corrections/good-samaritan.aspx

11 References FCC Fifth Report and Order hmatch/FCC A1.pdf hmatch/FCC A1.pdf