Goto Section: 54.318 | 54.400 | Table of Contents
FCC 54.320
Revised as of October 1, 2013
Goto Year:2012 |
2014
§ 54.320 Compliance and recordkeeping for the high-cost program.
(a) Eligible telecommunications carriers authorized to receive
universal service high-cost support are subject to random compliance
audits and other investigations to ensure compliance with program rules
and orders.
(b) All eligible telecommunications carriers shall retain all records
required to demonstrate to auditors that the support received was
consistent with the universal service high-cost program rules. This
documentation must be maintained for at least ten years from the
receipt of funding. All such documents shall be made available upon
request to the Commission and any of its Bureaus or Offices, the
Administrator, and their respective auditors.
(c) Eligible telecommunications carriers authorized to receive
high-cost support that fail to comply with public interest obligations
or any other terms and conditions may be subject to further action,
including the Commission's existing enforcement procedures and
penalties, reductions in support amounts, potential revocation of ETC
designation, and suspension or debarment pursuant to § 54.8.
[ 76 FR 73876 , Nov. 29, 2011]
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Subpart E--Universal Service Support for Low-Income Consumers
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54.400 Terms and definitions.
As used in this subpart, the following terms shall be defined as
follows:
(a) Qualifying low-income consumer. A "qualifying low-income consumer"
is a consumer who meets the qualifications for Lifeline, as specified
in § 54.409.
(b) Toll blocking service. "Toll blocking service" is a service
provided by an eligible telecommunications carrier that lets
subscribers elect not to allow the completion of outgoing toll calls
from their telecommunications channel.
(c) Toll control service. "Toll control service" is a service provided
by an eligible telecommunications carrier that allows subscribers to
specify a certain amount of toll usage that may be incurred on their
telecommunications channel per month or per billing cycle.
(d) Toll limitation service. "Toll limitation service" denotes either
toll blocking service or toll control service for eligible
telecommunications carriers that are incapable of providing both
services. For eligible telecommunications carriers that are capable of
providing both services, "toll limitation service" denotes both toll
blocking service and toll control service.
(e) Eligible resident of Tribal lands. An "eligible resident of Tribal
lands" is a "qualifying low-income consumer," as defined in paragraph
(a) of this section, living on Tribal lands. For purposes of this
subpart, "Tribal lands" include any federally recognized Indian tribe's
reservation, pueblo, or colony, including former reservations in
Oklahoma; Alaska Native regions established pursuant to the Alaska
Native Claims Settlement Act (85 Stat. 688); Indian allotments;
Hawaiian Home Lands--areas held in trust for Native Hawaiians by the
state of Hawaii, pursuant to the Hawaiian Homes Commission Act, 1920
July 9, 1921, 42 Stat. 108, et. seq., as amended; and any land
designated as such by the Commission for purposes of this subpart
pursuant to the designation process in § 54.412.
(f) Income. "Income" is all income actually received by all members of
a household. This includes salary before deductions for taxes, public
assistance benefits, social security payments, pensions, unemployment
compensation, veteran's benefits, inheritances, alimony, child support
payments, worker's compensation benefits, gifts, lottery winnings, and
the like. The only exceptions are student financial aid, military
housing and cost-of-living allowances, irregular income from occasional
small jobs such as baby-sitting or lawn mowing, and the like.
(g) Duplicative support. "Duplicative support" exists when a Lifeline
subscriber is receiving two or more Lifeline services concurrently or
two or more subscribers in a household are receiving Lifeline services
or Tribal Link Up support concurrently.
(h) Household. A "household" is any individual or group of individuals
who are living together at the same address as one economic unit. A
household may include related and unrelated persons. An "economic unit"
consists of all adult individuals contributing to and sharing in the
income and expenses of a household. An adult is any person eighteen
years or older. If an adult has no or minimal income, and lives with
someone who provides financial support to him/her, both people shall be
considered part of the same household. Children under the age of
eighteen living with their parents or guardians are considered to be
part of the same household as their parents or guardians.
(i) National Lifeline Accountability Database or Database. The
"National Lifeline Accountability Database" or "Database" is an
electronic system, with associated functions, processes, policies and
procedures, to facilitate the detection and elimination of duplicative
support, as directed by the Commission.
(j) Qualifying assistance program. A "qualifying assistance program"
means any of the federal, state, or Tribal assistance programs
participation in which, pursuant to § 54.409(a) or (b), qualifies a
consumer for Lifeline service, including Medicaid; Supplemental
Nutrition Assistance Program; Supplemental Security Income; Federal
Public Housing Assistance (Section 8); Low-Income Home Energy
Assistance Program; National School Lunch Program's free lunch program;
Temporary Assistance for Needy Families; Bureau of Indian Affairs
general assistance; Tribally administered Temporary Assistance for
Needy Families (Tribal TANF); Head Start (only those households meeting
its income qualifying standard); or the Food Distribution Program on
Indian Reservations (FDPIR), and with respect to the residents of any
particular state, any other program so designated by that state
pursuant to § 54.409(a).
[ 77 FR 12966 , Mar. 2, 2012]
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Goto Section: 54.318 | 54.400
Goto Year: 2012 |
2014
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