Common use of FCC and USAC Clause in Contracts

FCC and USAC. The FCC has designated USAC as the Administrator of federal support mechanisms, 47 C.F.R. §§ 54.701-717. Under the FCC’s rules and the Memorandum of Understanding between the FCC and USAC, USAC administers each of the USF programs consistent with Section 254 of the Communications Act of 1934, as amended, 47 U.S.C. § 254; Part 54 of the Code of Federal Regulations, orders, written directives, and other instructions promulgated by the FCC or its bureaus and offices and other laws as applicable Any records USAC creates pursuant to this authority are FCC records. Because the FCC is an agency under the Privacy Act, 5 U.S.C. § 552a(a)(1), records that are part of a “system of records,” as that term is defined at 5 U.S.C § 552a(a)(5), are subject to the Privacy Act. USAC may collect and verify eligibility of Lifeline program subscriber data under the statutory authorities cited above and applicable FCC orders, rules and regulations, including Lifeline and Link Up Reform and Modernization et al., Third Report and Order, Further Report and Order, and Order on Reconsideration, 31 FCC Rcd 3962 (2016) (the Lifeline Reform Order). The Lifeline Reform Order requires USAC to create and operate the National Verifier, with the oversight and supervision of the FCC’s Wireline Competition Bureau and the Office of the Managing Director. Id. at 4006, para. 126. As part of this effort, the Lifeline Reform Order directs USAC to work with both federal and state agencies to establish an efficient electronic subscriber certification process, including communications with other databases. Id. at 4011-12, paras. 135-37.

FCC and USAC. The FCC has designated USAC as the Administrator of federal support mechanisms, 47 C.F.R. §§ 54.701-717. Under the Consolidated Appropriations ▇▇▇, ▇▇▇▇, Pub. L. No. 116- 260, 134 Stat. 1182 (Consolidated Appropriations Act or Act), USAC administers the EBB program consistent with the FCC’s rules and the Memorandum of Understanding between the FCC and USAC, USAC administers each of the USF programs consistent with Section 254 of the Communications Act of 1934, as amended, 47 U.S.C. § 254; contained in Part 54 of the Code of Federal Regulations, orders, written directives, and other instructions promulgated by the FCC or its bureaus and offices and other laws as applicable applicable. Any records USAC creates pursuant to this authority are FCC records. Because the FCC is an agency under the Privacy Act, 5 U.S.C. § 552a(a)(1), records that are part of a “system of records,” as that term is defined at 5 U.S.C § 552a(a)(5), are subject to the Privacy Act. USAC may collect and verify eligibility of Lifeline program subscriber data under the statutory authorities cited above 47 U.S.C. § 254, 47 C.F.R. Part 54, and applicable FCC orders, rules and regulations, including Lifeline and Link Up Reform and Modernization Order et al., Third Report and Order, Further Report and Order, and Order on Reconsideration, 31 FCC Rcd 3962 (2016) (the Lifeline Reform Order). The Lifeline Reform Order requires USAC to create and operate the a National Lifeline Eligibility Verifier, with the oversight and supervision of the FCC’s Wireline Competition Bureau (WCB) and the Office of the Managing DirectorDirector (OMD). Id. at 4006, para. 126. As part of this effort, the Lifeline Reform Order directs USAC to work with both federal and state agencies to establish an efficient electronic subscriber certification process, including communications with other databases. Id. at 4011-122, paras. 135-377.