Goto Section: 54.319 | 54.401 | Table of Contents
FCC 54.320
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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.
(d) Eligible telecommunications carriers subject to defined build-out
milestones must notify the Commission and USAC, and the relevant state, U.S.
Territory, or Tribal government, if applicable, within 10 business days
after the applicable deadline if they have failed to meet a build-out
milestone.
(1) Interim build-out milestones. Upon notification that an eligible
telecommunications carrier has defaulted on an interim build-out milestone
after it has begun receiving high-cost support, the Wireline Competition
Bureau will issue a letter evidencing the default. The issuance of this
letter shall initiate reporting obligations and withholding of a percentage
of the eligible telecommunication carrier's total monthly high-cost support,
if applicable, starting the month following the issuance of the letter:
(i) Tier 1. If an eligible telecommunications carrier has a compliance gap
of at least five percent but less than 15 percent of the number of locations
that the eligible telecommunications carrier is required to have built out
to by the interim milestone, the Wireline Competition Bureau will issue a
letter to that effect. Starting three months after the issuance of this
letter, the eligible telecommunications carrier will be required to file a
report every three months identifying the geocoded locations to which the
eligible telecommunications carrier has newly deployed facilities capable of
delivering broadband meeting the requisite requirements with Connect America
support in the previous quarter. Eligible telecommunications carriers that
do not file these quarterly reports on time will be subject to support
reductions as specified in § 54.313(j). The eligible telecommunications
carrier must continue to file quarterly reports until the eligible
telecommunications carrier reports that it has reduced the compliance gap to
less than five percent of the required number of locations for that interim
milestone and the Wireline Competition Bureau issues a letter to that
effect.
(ii) Tier 2. If an eligible telecommunications carrier has a compliance gap
of at least 15 percent but less than 25 percent of the number of locations
that the eligible telecommunications carrier is required to have built out
to by the interim milestone, USAC will withhold 15 percent of the eligible
telecommunications carrier's monthly support for that state and the eligible
telecommunications carrier will be required to file quarterly reports. Once
the eligible telecommunications carrier has reported that it has reduced the
compliance gap to less than 15 percent of the required number of locations
for that interim milestone for that state, the Wireline Competition Bureau
will issue a letter to that effect, USAC will stop withholding support, and
the eligible telecommunications carrier will receive all of the support that
had been withheld. The eligible telecommunications carrier will then move to
Tier 1 status.
(iii) Tier 3. If an eligible telecommunications carrier has a compliance gap
of at least 25 percent but less than 50 percent of the number of locations
that the eligible telecommunications carrier is required to have built out
to by the interim milestone, USAC will withhold 25 percent of the eligible
telecommunications carrier's monthly support for that state and the eligible
telecommunications carrier will be required to file quarterly reports. Once
the eligible telecommunications carrier has reported that it has reduced the
compliance gap to less than 25 percent of the required number of locations
for that interim milestone for that state, the Wireline Competition Bureau
will issue a letter to that effect, the eligible telecommunications carrier
will move to Tier 2 status.
(iv) Tier 4. If an eligible telecommunications carrier has a compliance gap
of 50 percent or more of the number of locations that the eligible
telecommunications carrier is required to have built out to by the interim
milestone:
(A) USAC will withhold 50 percent of the eligible telecommunications
carrier's monthly support for that state, and the eligible
telecommunications carrier will be required to file quarterly reports. As
with the other tiers, as the eligible telecommunications carrier reports
that it has lessened the extent of its non-compliance, and the Wireline
Competition Bureau issues a letter to that effect, it will move down the
tiers until it reaches Tier 1 (or no longer is out of compliance with the
relevant interim milestone).
(B) If after having 50 percent of its support withheld for six months the
eligible telecommunications carrier has not reported that it is eligible for
Tier 3 status (or one of the other lower tiers), USAC will withhold 100
percent of the eligible telecommunications carrier's monthly support and
will commence a recovery action for a percentage of support that is equal to
the eligible telecommunications carrier's compliance gap plus 10 percent of
the ETC's support that has been disbursed to that date.
(v) If at any point during the support term, the eligible telecommunications
carrier reports that it is eligible for Tier 1 status, it will have its
support fully restored, USAC will repay any funds that were recovered or
withheld, and it will move to Tier 1 status.
(2) Final build-out milestone. Upon notification that the eligible
telecommunications carrier has not met a final build-out milestone, the
eligible telecommunications carrier will have twelve months from the date of
the final build-out milestone deadline to come into full compliance with
this milestone. If the eligible telecommunications carrier does not report
that it has come into full compliance with this milestone within twelve
months, the Wireline Competition Bureau will issue a letter to this effect.
USAC will then recover the percentage of support that is equal to 1.89 times
the average amount of support per location received in the state over the
six-year term for the relevant number of locations plus 10 percent of the
eligible telecommunications carrier's total Phase II support over the
six-year term for that state.
(3) Compliance reviews. If subsequent to the eligible telecommunications
carrier's support term, USAC determines in the course of a compliance review
that the eligible telecommunications carrier does not have sufficient
evidence to demonstrate that it has built out to all of the locations
required by the final build-out milestone, USAC shall recover a percentage
of support from the eligible telecommunications carrier as specified in
paragraph (d)(2) of this section.
[ 76 FR 73876 , Nov. 29, 2011, as amended at 80 FR 4478 , Jan. 27, 2015]
Effective Date Note: At 80 FR 4478 , Jan. 27, 2015, § 54.320 was amended by
adding paragraph (d). 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.
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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).
(k) Direct service. As used in this subpart, direct service means the
provision of service directly to the qualifying low-income consumer.
[ 77 FR 12966 , Mar. 2, 2012, as amended at 80 FR 40935 , July 14, 2015]
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Goto Section: 54.319 | 54.401
Goto Year: 2014 |
2016
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