Schools and Libraries

"Good Samaritan" Solution for Certain Applicants

This document indicates when a "Good Samaritan" service provider can be used to process a BEAR (Form 472).

In situations where the original service provider (as indicated on the Form 486) has gone out of business or has filed for bankruptcy protection before processing BEAR payment(s) for applicants, USAC may now assist applicants in obtaining such BEAR payments through a "Good Samaritan" service provider.

The role of the Good Samaritan is simply to receive the BEAR payment from USAC and pass the reimbursement through to the applicant within 10 days of that service provider receiving the check from USAC.

The role of the applicant is (1) to confirm that the service was provided, that the service was paid for in full, and that the original service provider is now out of business or in bankruptcy and (2) to designate a Good Samaritan service provider. USAC can assist applicants in such designation, if necessary.

There are three guiding principles to the Good Samaritan situation.

  • Verification
  • Good Samaritan Election
  • Good Samaritan Protection

Verification
The applicant will be asked to provide proof that the services have been rendered and paid for, such as invoices from the original service provider and cancelled checks. USAC will confirm that the original service provider is unwilling or unable to process the BEAR payment.

PLEASE NOTE: If USAC has already issued a check to the original service provider and that check was cashed by that service provider but the reimbursement of that amount was never received by the applicant, the situation is NOT a Good Samaritan situation. In such cases, USAC and/or the applicant would have to pursue legal remedies against the original service provider in order to claim the reimbursement. However, an applicant may still be able to seek a Good Samaritan solution for that portion of its eligible services for which a BEAR Form has not yet been fully processed.

Good Samaritan Election
The applicant will be asked to identify a telecommunications service provider with whom it has a USF relationship. If the applicant is unable to do that, the applicant will be directed to the Client Service Bureau, which has guiding principles for identifying a substitute service provider. Those principles include: being a telecommunications provider, having a history of prompt BEAR reimbursements, not being delinquent on contributions to the Universal Service Fund, being certified for the appropriate funding year, and other indicators deemed important.

Good Samaritan Protection
The substitute service provider (the Good Samaritan) will receive acknowledgment from USAC that the Good Samaritan did not render the service, that the Good Samaritan did not receive any payment for the service and that the Good Samaritan is willing to accept the BEAR payment solely as a pass-through mechanism and not as part of the Good Samaritan's revenue stream. These certifications will be confirmed in the BEAR Notification Letter that is generated in these instances prior to USAC issuing the BEAR check.

Requesting a Good Samaritan
Applicants who are in need of a Good Samaritan should submit a written request to the address below to initiate the process, including the applicant's name, address, Form 471 number, FRN(s), the original service provider name, original SPIN, and the amount of reimbursement sought. Again, if the original service provider has already cashed a BEAR check and the applicant is seeking the reimbursement of that amount, the situation does not qualify as a Good Samaritan..

Written requests may be sent to:

Good Samaritan Request
Schools and Libraries Division - Correspondence Unit
100 S. Jefferson Rd
P.O. Box 902
Whippany, NJ 07981


Last modified on 3/10/2008