Permanent Establishment and Program Scope
On August 4, 2016, the Federal Communications Commission adopted a Report and Order (FCC 16-101) in CG Docket No. 10-210, officially converting the National Deaf-Blind Equipment Distribution Program (NDBEDP), commercially known as iCanConnect, from a pilot initiative into a permanent program. The permanent rules implement Section 105 of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA), codified as Section 719 of the Communications Act of 1934, as amended.
The Commission authorizes up to $10 million annually from the Interstate Telecommunications Relay Service Fund (TRS Fund) to support state and territorial programs that distribute specialized customer premises equipment and provide essential support services to low-income individuals who are deaf-blind. In addition to the 53 jurisdictions served during the pilot phase (the 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands), the permanent program expands coverage to include American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, bringing the total number of certified programs up to 56.
- Statutory Authority: Section 105 of the CVAA, 47 U.S.C. Section 620.
- Program Funding: Up to $10 million annually disbursed from the Interstate TRS Fund.
- Territorial Expansion: Addition of American Samoa, Guam, and the Northern Mariana Islands to existing state programs.
- Effective Dates: Programmatic and definition rules take effect July 1, 2017, while information collection rules take effect following Office of Management and Budget Paperwork Reduction Act approval.
Program Certification, Governance, and Transitions
Under the permanent framework, the Consumer and Governmental Affairs Bureau (CGB) certifies a single entity per state or territory for a duration of five years. Certified entities may operate directly or partner with in-state or out-of-state resources. Both incumbent certified entities and new applicants must apply for permanent program certification within 60 days following the effective date of the certification rules. Subsequent renewal applications must be submitted one year prior to the expiration of each five-year term.
To ensure entities can administer complex federal mandates, the Commission added administrative and financial management experience as an explicit certification criterion. Certified programs are required to disclose any actual or potential conflicts of interest with equipment manufacturers or service vendors within 30 days of discovery and must avoid financial arrangements that create improper incentives. Programs seeking mid-term relinquishment must provide at least 90 days of advance written notice. Outgoing entities are required to transfer all five-year client records and remaining inventory to incoming entities within 30 days of the successor's certification date and notify active clients in accessible formats.
- Certification Duration: Fixed 5-year terms ending uniformly across all participating programs.
- Selection Criteria: Deaf-blind expertise, accessible communication capabilities, administrative and financial capacity, equipment distribution experience, consumer training expertise, and familiarity with covered services.
- Relinquishment Notice: Mandatory 90-day advance notice specifying reasons for departure.
- Transition Obligations: Transfer of inventory and five years of records within 30 days; accessible consumer notification of program changes within 30 days.
Consumer Eligibility and Verification Framework
Eligibility for the permanent NDBEDP requires an individual to meet both the statutory definition of deaf-blindness and an income ceiling. The Commission retains the definition of deaf-blindness set forth in the Helen Keller National Center Act (HKNC Act), 29 U.S.C. Section 1905(2), which incorporates visual acuity of 20/200 or less or visual field defects of 20 degrees or less, severe chronic hearing impairment, or functional assessments for individuals with cognitive or behavioral constraints. Functional evaluations of an applicant's ability to access communications technologies in various environments are explicitly recognized.
Disability verification must be provided via an attestation from a qualifying professional with direct knowledge of the individual's disability or through existing official records, such as Individualized Education Program (IEP) documents or Social Security disability determinations. Income eligibility is capped at 400 percent of the Federal Poverty Guidelines (FPG). Applicants enrolled in qualifying low-income federal programs (including Medicaid, Supplemental Nutrition Assistance Program, Supplemental Security Income, Federal Public Housing Assistance, or Veterans and Survivors Pension Benefit) qualify automatically. Re-verification of income is mandatory if a consumer applies for additional equipment more than one year after their prior verification.
- Disability Standard: HKNC Act criteria including functional assessments for communication access.
- Income Threshold: Household income not exceeding 400 percent of Federal Poverty Guidelines.
- Income Calculation: Includes all household members sharing an economic unit; independent adult roommates without pooled finances are evaluated individually.
- Program Bans: Absolute prohibition on imposing employment requirements or age-based disqualifications when needs are not met by other resources.
Covered Equipment, Funding Allocations, and Caps
NDBEDP funding covers both specialized customer premises equipment and accessible mainstream hardware, software, and applications (such as smartphones, tablets, Braille displays, screen readers, and signalers) required to access covered telecommunications, Internet access, and advanced communications services. Programs may also seek reimbursement for maintenance, warranties, repairs, refurbishing, and loaner inventories. The permanent rules permit programs to lend equipment or transfer ownership directly to consumers.
Each certified entity receives a base allocation of $50,000 annually, with remaining funds distributed proportionally based on state population. Administrative costs are reimbursable up to a cap of 15 percent of each program's total annual funding allocation. National outreach is funded at $250,000 annually for the initial five-year term and assigned to the Perkins School for the Blind. Programs may spend up to 2.5 percent of their annual allocation (approximately $250,000 nationwide) on train-the-trainer activities to address the national shortage of qualified assistive technology trainers, and local outreach is guided by a 10 percent benchmark of annual funding.
- Equipment Scope: Off-the-shelf and specialized hardware, software, and applications enabling covered communication services.
- Base State Allocation: $50,000 minimum base allocation per state or territory plus population-proportional disbursement.
- Administrative Cap: Up to 15 percent of the total annual funding allocation.
- Training and Outreach: Up to 2.5 percent allocated for train-the-trainer initiatives; $250,000 set aside annually for national outreach.
- Consumer Center Travel: Reimbursable for assessments and training when pre-approved as more efficient than in-home visits.
Reporting, Centralized Database, and Audits
To streamline administration, enhance oversight, and prevent fraud, waste, and abuse, the Commission directed the establishment of a secure centralized database. Once operational, all certified programs must use the centralized database to submit mandatory semiannual reports covering recipient characteristics, equipment distributed, costs, and service response times. Certified entities may optionally use the centralized system to generate and transmit reimbursement claims to the TRS Fund Administrator.
Certified entities may elect reimbursement intervals on a monthly, quarterly, or semiannual schedule. The permanent rules require certified programs to retain all NDBEDP-related records for a minimum of five years, submit to annual independent compliance audits meeting OMB Circular A-133 standards, cooperate with Commission-directed audits, incorporate whistleblower protections in policy materials, and comply with standardized informal and formal consumer complaint procedures handled through the Consumer and Governmental Affairs Bureau's Disability Rights Office.
- Centralized Database: Mandatory for semiannual activity reporting and optional for generating reimbursement claims.
- Record Retention: Minimum period of five years for all distribution, service, and reimbursement records.
- Audit Requirement: Annual independent compliance and financial audits submitted to the NDBEDP Administrator.
- Database Privacy: Compliant with FISMA, NIST encryption standards, and the Privacy Act of 1974.