§ 54.702   Administrator's functions and responsibilities.

   (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]

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