§  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 § 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
   § 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 § 54.400(a) and thus an "eligible
   resident of Tribal lands" as defined in § 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 § 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 § 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 § 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 § § 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, § 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.