Goto Section: 54.409 | 54.411 | Table of Contents
FCC 54.410
Revised as of October 5, 2017
Goto Year:2016 |
2018
§ 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
the National Verifier, 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 using the income-based eligibility criteria provided for in
§ 54.409(a)(1) 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). 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, except to the extent such documentation is
retained by the National Verifier.
(2) Where the National Verifier, 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 National Verifier, 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); 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 the National Verifier, 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) 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, consistent with
§ 54.417, except to the extent such documentation is retained by the
National Verifier.
(2) Where the National Verifier, 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(a)(2) or (b), an eligible
telecommunications carrier must not seek reimbursement for providing
Lifeline to a subscriber unless the carrier has received from the
National Verifier, 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) 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 certification form. 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 provide the information in paragraphs (d)(1)
through (3) of this section in clear, easily understood language. If a
Federal eligibility certification form is available, entities enrolling
subscribers must use such form to enroll a qualifying low-income
consumer into the Lifeline program.
(1) The form provided by the entity enrolling subscribers must provide
the information in paragraphs (d)(1)(i) through (vi) of this section:
(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) The form provided by the entity enrolling subscribers must require
each prospective subscriber to provide the information in paragraphs
(d)(2)(i) through (viii) of this section:
(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) The form provided by the entity enrolling subscribers shall require
each prospective subscriber to initial his or her acknowledgement of
each of the certifications in paragraphs (d)(3)(i) through (viii) of
this section individually and under penalty of perjury:
(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) 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;
(vi) The information contained in the subscriber's certification form
is true and correct to the best of his or her knowledge,
(vii) The subscriber acknowledges that providing false or fraudulent
information to receive Lifeline benefits is punishable by law; and
(viii) 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) The National Verifier, 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 National Verifier, state Lifeline administrator
or other state agency for that carrier's subscribers.
(f) Annual eligibility re-certification process.
(1) All eligible telecommunications carriers must re-certify all
subscribers 12 months after the subscriber's service initiation date
and every 12 months thereafter, except for subscribers in states where
the National Verifier, state Lifeline administrator, or other state
agency is responsible for the annual 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.
(iii) If the subscriber's program-based or income-based eligibility for
Lifeline cannot be determined by accessing one or more state databases
containing information regarding enrollment in qualifying assistance
programs, then the National Verifier, state Lifeline administrator, or
state agency may obtain a signed certification from the subscriber on a
form that meets the certification requirements in paragraph (d) of this
section. If a Federal eligibility recertification form is available,
entities enrolling subscribers must use such form to re-certify a
qualifying low-income consumer.
(iv) In states in which the National Verifier has been implemented, the
eligible telecommunications carrier cannot re-certify subscribers not
found in the National Verifier by obtaining a certification form from
the subscriber.
(3) Where the National Verifier, state Lifeline administrator, or other
state agency is responsible for re-certification of a subscriber's
Lifeline eligibility, the National Verifier, state Lifeline
administrator, or 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.
(iii) If the subscriber's eligibility for Lifeline cannot be determined
by accessing one or more databases containing information regarding
enrollment in qualifying assistance programs, then the National
Verifier, state Lifeline administrator, or state agency may obtain a
signed certification from the subscriber on a form that meets the
certification requirements in paragraph (d) of this section. If a
Federal eligibility recertification form is available, entities
enrolling subscribers must use such form to recertify a qualifying
low-income consumer.
(4) Where the National Verifier, state Lifeline administrator, or other
state agency is responsible for re-certification or subscribers'
Lifeline eligibility, the National Verifier, 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 by the National Verifier, a state
Lifeline administrator, 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) One-Per-Household Worksheet. The prospective subscriber will
complete a form certifying compliance with the one-per-household rule
upon initial enrollment. Such form will provide an explanation of the
one-per-household rule; include a check box that the applicant can mark
to indicate that he or she lives at an address occupied by multiple
households; a space for the applicant to certify that he or she shares
an address with other adults who do not contribute income to the
applicant's household and share in the household's expenses or benefit
from the applicant's income; and the penalty for consumer's failure to
make the required one-per-household certification, i.e. de-enrollment.
At re-certification, if there are changes to the subscriber's household
that would prevent the subscriber from accurately certifying to
§ 54.410(d)(3)(vi), then the subscriber must complete a new
One-Per-Household Worksheet. If a Federal One Per Household Form is
available, entities enrolling subscribers must use such form.
(h) National Verifier transition. As the National Verifier is
implemented in a state, the obligations in paragraphs (b) through (g)
of this section with respect to the National Verifier and eligible
telecommunications carriers will also take effect.
[ 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; 81 FR 33093 , May
24, 2016]
Effective Date Note: At 81 FR 45974 , July 15, 2016, § 54.410 was amended
in paragraphs (b)(1)(ii), (f)(2)(iii), and (f)(4), and (f)(5). These
amendments contain 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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Goto Section: 54.409 | 54.411
Goto Year: 2016 |
2018
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