Sec.  54.410   Certification and Verification of Consumer Qualification for
Lifeline.

   (a) Certification of income. Consumers qualifying under an income-based
   criterion must present documentation of their household income prior to
   enrollment in Lifeline.

   (1)  By  one  year  from  the  effective date of these rules, eligible
   telecommunications carriers in states that mandate state Lifeline support
   must  comply  with state certification procedures to document consumer
   income-based eligibility for Lifeline prior to that consumer's enrollment if
   the consumer is qualifying under an income-based criterion.

   (2)  By  one  year  from  the  effective date of these rules, eligible
   telecommunications carriers in states that do not mandate state Lifeline
   support   must   implement   certification   procedures   to  document
   consumer-income-based eligibility for Lifeline prior to that consumer's
   enrollment if the consumer is qualifying under the income-based criterion
   specified in  Sec. 54.409(b). Acceptable documentation of income eligibility
   includes the prior year's state, federal, or tribal tax return, current
   income  statement from an employer or paycheck stub, a Social Security
   statement of benefits, a Veterans Administration statement of benefits, a
   retirement/pension  statement  of  benefits, an Unemployment/Workmen's
   Compensation statement of benefits, federal or tribal notice letter of
   participation in General Assistance, a divorce decree, child support, or
   other official document. If the consumer presents documentation of income
   that does not cover a full year, such as current pay stubs, the consumer
   must present three consecutive months worth of the same types of document
   within that calendar year.

   (b)  Self-certifications.  After  income  certification procedures are
   implemented, eligible telecommunications carriers and consumers are required
   to make certain self-certifications, under penalty of perjury, relating to
   the Lifeline program. Eligible telecommunications carriers must retain
   records of their self-certifications and those made by consumers.

   (1) An officer of the eligible telecommunications carrier in a state that
   mandates  state  Lifeline  support  must  certify  that  the  eligible
   telecommunications carrier is in compliance with state Lifeline income
   certification  procedures  and that, to the best of his/her knowledge,
   documentation of income was presented.

   (2) An officer of the eligible telecommunications carrier in a state that
   does not mandate state Lifeline support must certify that the eligible
   telecommunications  carrier  has  procedures in place to review income
   documentation and that, to the best of his/her knowledge, the carrier was
   presented with documentation of the consumer's household income.

   (3) Consumers qualifying for Lifeline under an income-based criterion must
   certify  the number of individuals in their households on the document
   required in  Sec. 54.409(d).

   (c) Verification of Continued Eligibility. Consumers qualifying for Lifeline
   may be required to verify continued eligibility on an annual basis.

   (1)  By  one  year  from  the  effective date of these rules, eligible
   telecommunications carriers in states that mandate state Lifeline support
   must  comply with state verification procedures to validate consumers'
   continued eligibility for Lifeline. The eligible telecommunications carrier
   must be able to document that it is complying with state regulations and
   verification requirements.

   (2)  By  one  year  from  the  effective date of these rules, eligible
   telecommunications carriers in states that do not mandate state Lifeline
   support  must  implement  procedures  to verify annually the continued
   eligibility  of  a statistically valid random sample of their Lifeline
   subscribers. Eligible telecommunications carriers may verify directly with a
   state that particular subscribers continue to be eligible by virtue of
   participation  in  a qualifying program or income level. To the extent
   eligible telecommunications carriers cannot obtain the necessary information
   from the state, they may survey subscribers directly and provide the results
   of the sample to the Administrator. Subscribers who are subject to this
   verification and qualify under program-based eligibility criteria must prove
   their continued eligibility by presenting in person or sending a copy of
   their Lifeline-qualifying public assistance card and self-certifying, under
   penalty   of  perjury,  that  they  continue  to  participate  in  the
   Lifeline-qualifying public assistance program. Subscribers who are subject
   to this verification and qualify under the income-based eligibility criteria
   must  prove  their  continued eligibility by presenting current income
   documentation  consistent  with  the  income-certification  process in
    Sec. 54.410(a)(2). These subscribers must also self-certify, under penalty of
   perjury,  the  number  of  individuals in their household and that the
   documentation presented accurately represents their annual household income.
   An officer of the eligible telecommunications carrier must certify, under
   penalty of perjury, that the company has income verification procedures in
   place  and  that, to the best of his or her knowledge, the company was
   presented with corroborating documentation. The eligible telecommunications
   carrier must retain records of these certifications.

   [ 69 FR 34600 , June 22, 2004, as amended at  73 FR 42274 , July 21, 2008]

   Effective Date Note:   At  69 FR 34600 , June 22, 2004,  Sec. 54.410 was added.
   This section contains information collection and recordkeeping requirements
   and will not become effective until approval has been given by the Office of
   Management and Budget.