Goto Section: 54.409 | 54.412 | Table of Contents
FCC 54.410
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 54.410 Subscriber eligibility determination and certification.
(a) All eligible telecommunications carriers must implement policies and
procedures for ensuring that their Lifeline subscribers are eligible to
receive Lifeline services. An eligible telecommunications carrier may not
provide a consumer with an activated device that it represents enables use
of Lifeline-supported service, nor may it activate service that it
represents to be Lifeline service, unless and until it has:
(1) Confirmed that the consumer is a qualifying low-income consumer pursuant
to § 54.409, and;
(2) Completed the eligibility determination and certification required by
this section and § § 54.404 through 54.405, and completed any other necessary
enrollment steps.
(b) Initial income-based eligibility determination. (1) Except where a state
Lifeline administrator or other state agency is responsible for the initial
determination of a subscriber's eligibility, when a prospective subscriber
seeks to qualify for Lifeline or using the income-based eligibility criteria
provided for in § 54.409(a)(1) or (a)(3) an eligible telecommunications
carrier:
(i) Must not seek reimbursement for providing Lifeline to a subscriber,
unless the carrier has received a certification of eligibility from the
prospective subscriber that complies with the requirements set forth in
paragraph (d) of this section and has confirmed the subscriber's
income-based eligibility using the following procedures:
(A) If an eligible telecommunications carrier can determine a prospective
subscriber's income-based eligibility by accessing one or more databases
containing information regarding the subscriber's income (“income
databases”), the eligible telecommunications carrier must access such income
databases and determine whether the prospective subscriber qualifies for
Lifeline.
(B) If an eligible telecommunications carrier cannot determine a prospective
subscriber's income-based eligibility by accessing income databases, the
eligible telecommunications carrier must review documentation that
establishes that the prospective subscriber meets the income-eligibility
criteria set forth in § 54.409(a)(1) or (a)(3). 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/Workers' Compensation statement of benefit; federal or Tribal
notice letter of participation in General Assistance; or a divorce decree,
child support award, or other official document containing income
information. If the prospective subscriber presents documentation of income
that does not cover a full year, such as current pay stubs, the prospective
subscriber must present the same type of documentation covering three
consecutive months within the previous twelve months.
(ii) Must securely retain copies of documentation demonstrating a
prospective subscriber's income-based eligibility for Lifeline consistent
with § 54.417.
(2) Where a state Lifeline administrator or other state agency is
responsible for the initial determination of a subscriber's eligibility, an
eligible telecommunications carrier must not seek reimbursement for
providing Lifeline service to a subscriber, based on that subscriber's
income eligibility, unless the carrier has received from the state Lifeline
administrator or other state agency:
(i) Notice that the prospective subscriber meets the income-eligibility
criteria set forth in § 54.409(a)(1) or (a)(3); and
(ii) A copy of the subscriber's certification that complies with the
requirements set forth in paragraph (d) of this section.
(iii) An eligible telecommunications carrier must securely retain all
information and documentation provided by the state Lifeline administrator
or other state agency consistent with § 54.417.
(c) Initial program-based eligibility determination. (1) Except in states
where a state Lifeline administrator or other state agency is responsible
for the initial determination of a subscriber's program-based eligibility,
when a prospective subscriber seeks to qualify for Lifeline service using
the program-based criteria set forth in § 54.409(a)(2), (a)(3) or (b), an
eligible telecommunications carrier:
(i) Must not seek reimbursement for providing Lifeline to a subscriber
unless the carrier has received a certification of eligibility from the
subscriber that complies with the requirements set forth in paragraph (d) of
this section and has confirmed the subscriber's program-based eligibility
using the following procedures:
(A) If the eligible telecommunications carrier can determine a prospective
subscriber's program-based eligibility for Lifeline by accessing one or more
databases containing information regarding enrollment in qualifying
assistance programs (“eligibility databases”), the eligible
telecommunications carrier must access such eligibility databases to
determine whether the prospective subscriber qualifies for Lifeline based on
participation in a qualifying assistance program; or
(B) If an eligible telecommunications carrier cannot determine a prospective
subscriber's program-based eligibility for Lifeline by accessing eligibility
databases, the eligible telecommunications carrier must review documentation
demonstrating that a prospective subscriber qualifies for Lifeline under the
program-based eligibility requirements. Acceptable documentation of program
eligibility includes the current or prior year's statement of benefits from
a qualifying assistance program, a notice or letter of participation in a
qualifying assistance program, program participation documents, or another
official document demonstrating that the prospective subscriber, one or more
of the prospective subscriber's dependents or the prospective subscriber's
household receives benefits from a qualifying assistance program.
(ii) Must securely retain copies of the documentation demonstrating a
subscriber's program-based eligibility for Lifeline services, consistent
with § 54.417.
(2) Where a state Lifeline administrator or other state agency is
responsible for the initial determination of a subscriber's eligibility,
when a prospective subscriber seeks to qualify for Lifeline service using
the program-based eligibility criteria provided in § 54.409, an eligible
telecommunications carrier must not seek reimbursement for providing
Lifeline to a subscriber unless the carrier has received from the state
Lifeline administrator or other state agency:
(i) Notice that the subscriber meets the program-based eligibility criteria
set forth in § § 54.409(a)(2), (a)(3) or (b); and
(ii) a copy of the subscriber's certification that complies with the
requirements set forth in paragraph (d) of this section.
(iii) An eligible telecommunications carrier must securely retain all
information and documentation provided by the state Lifeline administrator
or other state agency consistent with § 54.417.
(d) Eligibility certifications. Eligible telecommunications carriers and
state Lifeline administrators or other state agencies that are responsible
for the initial determination of a subscriber's eligibility for Lifeline
must provide prospective subscribers Lifeline certification forms that in
clear, easily understood language:
(1) Provide the following information:
(i) Lifeline is a federal benefit and that willfully making false statements
to obtain the benefit can result in fines, imprisonment, de-enrollment or
being barred from the program;
(ii) Only one Lifeline service is available per household;
(iii) A household is defined, for purposes of the Lifeline program, as any
individual or group of individuals who live together at the same address and
share income and expenses;
(iv) A household is not permitted to receive Lifeline benefits from multiple
providers;
(v) Violation of the one-per-household limitation constitutes a violation of
the Commission's rules and will result in the subscriber's de-enrollment
from the program; and
(vi) Lifeline is a non-transferable benefit and the subscriber may not
transfer his or her benefit to any other person.
(2) Require each prospective subscriber to provide the following
information:
(i) The subscriber's full name;
(ii) The subscriber's full residential address;
(iii) Whether the subscriber's residential address is permanent or
temporary;
(iv) The subscriber's billing address, if different from the subscriber's
residential address;
(v) The subscriber's date of birth;
(vi) The last four digits of the subscriber's social security number, or the
subscriber's Tribal identification number, if the subscriber is a member of
a Tribal nation and does not have a social security number;
(vii) If the subscriber is seeking to qualify for Lifeline under the
program-based criteria, as set forth in § 54.409, the name of the qualifying
assistance program from which the subscriber, his or her dependents, or his
or her household receives benefits; and
(viii) If the subscriber is seeking to qualify for Lifeline under the
income-based criterion, as set forth in § 54.409, the number of individuals
in his or her household.
(3) Require each prospective subscriber to certify, under penalty of
perjury, that:
(i) The subscriber meets the income-based or program-based eligibility
criteria for receiving Lifeline, provided in § 54.409;
(ii) The subscriber will notify the carrier within 30 days if for any reason
he or she no longer satisfies the criteria for receiving Lifeline including,
as relevant, if the subscriber no longer meets the income-based or
program-based criteria for receiving Lifeline support, the subscriber is
receiving more than one Lifeline benefit, or another member of the
subscriber's household is receiving a Lifeline benefit.
(iii) If the subscriber is seeking to qualify for Lifeline as an eligible
resident of Tribal lands, he or she lives on Tribal lands, as defined in
54.400(e);
(iv) If the subscriber moves to a new address, he or she will provide that
new address to the eligible telecommunications carrier within 30 days;
(v) If the subscriber provided a temporary residential address to the
eligible telecommunications carrier, he or she will be required to verify
his or her temporary residential address every 90 days;
(vi) The subscriber's household will receive only one Lifeline service and,
to the best of his or her knowledge, the subscriber's household is not
already receiving a Lifeline service;
(vii) The information contained in the subscriber's certification form is
true and correct to the best of his or her knowledge,
(viii) The subscriber acknowledges that providing false or fraudulent
information to receive Lifeline benefits is punishable by law; and
(ix) The subscriber acknowledges that the subscriber may be required to
re-certify his or her continued eligibility for Lifeline at any time, and
the subscriber's failure to re-certify as to his or her continued
eligibility will result in de-enrollment and the termination of the
subscriber's Lifeline benefits pursuant to § 54.405(e)(4).
(e) State Lifeline administrators or other state agencies that are
responsible for the initial determination of a subscriber's eligibility for
Lifeline must provide each eligible telecommunications carrier with a copy
of each of the certification forms collected by the state Lifeline
administrator or other state agency from that carrier's subscribers.
(f) Annual eligibility re-certification process. (1) All eligible
telecommunications carriers must annually re-certify all subscribers except
for subscribers in states where a state Lifeline administrator or other
state agency is responsible for re-certification of subscribers' Lifeline
eligibility.
(2) In order to re-certify a subscriber's eligibility, an eligible
telecommunications carrier must confirm a subscriber's current eligibility
to receive Lifeline by:
(i) Querying the appropriate eligibility databases, confirming that the
subscriber still meets the program-based eligibility requirements for
Lifeline, and documenting the results of that review; or
(ii) Querying the appropriate income databases, confirming that the
subscriber continues to meet the income-based eligibility requirements for
Lifeline, and documenting the results of that review; or
(iii) Obtaining a signed certification from the subscriber that meets the
certification requirements in paragraph (d) of this section.
(3) Where a state Lifeline administrator or other state agency is
responsible for re-certification of a subscriber's Lifeline eligibility, the
state Lifeline administrator or other state agency must confirm a
subscriber's current eligibility to receive a Lifeline service by:
(i) Querying the appropriate eligibility databases, confirming that the
subscriber still meets the program-based eligibility requirements for
Lifeline, and documenting the results of that review; or
(ii) Querying the appropriate income databases, confirming that the
subscriber continues to meet the income-based eligibility requirements for
Lifeline, and documenting the results of that review; or
(iii) Obtaining a signed certification from the subscriber that meets the
certification requirements in paragraph (d) of this section.
(4) Where a state Lifeline administrator or other state agency is
responsible for re-certification of subscribers' Lifeline eligibility, the
state Lifeline administrator or other state agency must provide to each
eligible telecommunications carrier the results of its annual
re-certification efforts with respect to that eligible telecommunications
carrier's subscribers.
(5) If an eligible telecommunications carrier is unable to re-certify a
subscriber or has been notified of a state Lifeline administrator's or other
state agency's inability to re-certify a subscriber, the eligible
telecommunications carrier must comply with the de-enrollment requirements
provided for in § 54.405(e)(4).
(g) Re-certification of temporary address. An eligible telecommunications
carrier must re-certify, every 90 days, the residential address of each of
its subscribers who have provided a temporary address as part of the
subscriber's initial certification or re-certification of eligibility,
pursuant to paragraphs (d), (e), or (f) of this section.
[ 77 FR 12970 , Mar. 2, 2012, as amended at 77 FR 38534 , June 28, 2012; 78 FR 40970 , July 9, 2013; 80 FR 40935 , July 14, 2015]
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Goto Section: 54.409 | 54.412
Goto Year: 2014 |
2016
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