Sec.  54.409   Consumer qualification for Lifeline.

   (a) To qualify to receive Lifeline service in a state that mandates state
   Lifeline support, a consumer must meet the eligibility criteria established
   by  the  state commission for such support. The state commission shall
   establish narrowly targeted qualification criteria that are based solely on
   income or factors directly related to income. A state containing geographic
   areas included in the definition of “reservation” and “near reservation,” as
   defined in  Sec. 54.400(e), must ensure that its qualification criteria are
   reasonably designed to apply to low-income individuals living in such areas.

   (b) To qualify to receive Lifeline service in a state that does not mandate
   state Lifeline support, a consumer's income, as defined in  Sec. 54.400(f), must
   be at or below 135% of the Federal Poverty Guidelines or a consumer must
   participate in one of the following federal assistance programs: Medicaid;
   Food Stamps; Supplemental Security Income; Federal Public Housing Assistance
   (Section 8); Low-Income Home Energy Assistance Program; National School
   Lunch  Program's free lunch program; or Temporary Assistance for Needy
   Families.

   (c) A consumer that lives on a reservation or near a reservation, but does
   not meet the qualifications for Lifeline specified in paragraphs (a) and (b)
   of this section, nonetheless shall be a “qualifying low-income consumer” as
   defined in  Sec. 54.400(a) and thus an “eligible resident of Tribal lands” as
   defined in  Sec. 54.400(e) and shall qualify to receive Tiers One, Two, and Four
   Lifeline service if the individual participates in one of the following
   federal assistance programs: Bureau of Indian Affairs general assistance;
   Tribally administered Temporary Assistance for Needy Families; Head Start
   (only those meeting its income qualifying standard); or National School
   Lunch Program's free lunch program. Such qualifying low-income consumer
   shall also qualify for Tier-Three Lifeline support, if the carrier offering
   the Lifeline service is not subject to the regulation of the state and
   provides carrier-matching funds, as described in  Sec. 54.403(a)(3). To receive
   Lifeline support under this paragraph for the eligible resident of Tribal
   lands, the eligible telecommunications carrier offering the Lifeline service
   to  such  consumer  must obtain the consumer's signature on a document
   certifying under penalty of perjury that the consumer receives benefits from
   at least one of the programs mentioned in this paragraph or paragraph (b) of
   this section, and lives on or near a reservation, as defined in  Sec. 54.400(e).
   In addition to identifying in that document the program or programs from
   which that consumer receives benefits, an eligible resident of Tribal lands
   also must agree to notify the carrier if that consumer ceases to participate
   in the program or programs. Such qualifying low-income consumer shall also
   qualify  for  Tier-Three Lifeline support, if the carrier offering the
   Lifeline service is not subject to the regulation of the state and provides
   carrier-matching funds, as described in  Sec. 54.403(a)(3).

   (d) In a state that does not mandate state Lifeline support, each eligible
   telecommunications  carrier providing Lifeline service to a qualifying
   low-income consumer pursuant to paragraphs (b) or (c) of this section must
   obtain that consumer's signature on a document certifying under penalty of
   perjury that:

   (1)  The consumer receives benefits from one of the programs listed in
   paragraphs  (b) or (c) of this section, and identifying the program or
   programs from which that consumer receives benefits, or

   (2) The consumer's household meets the income requirement of paragraph (b)
   of  this  section,  and that the presented documentation of income, as
   described  in   Sec.  Sec. 54.400(f),  54.410(a)(ii),  accurately represents the
   consumer's household income; and

   (3)  The  consumer  will notify the carrier if that consumer ceases to
   participate in the program or programs or if the consumer's income exceeds
   135% of the Federal Poverty Guidelines.

   [ 65 FR 47905 , Aug. 4, 2000, as amended at  68 FR 41942 , July 16, 2003;  69 FR 34600 , June 22, 2004]

   Effective Date Note:   At  69 FR 34600 , June 22, 2004,  Sec. 54.409 paragraph (d)
   was added. This paragraph contains information collection and recordkeeping
   requirements and will not become effective until approval has been given by
   the Office of Management and Budget.