FCC Web Documents citing 54.401

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1971A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-1971A1.pdf
  • abuse in universal service programs, including the Lifeline program, is a paramount objective of the Commission, and the Enforcement Bureau will take all necessary steps to ensure that this vital program is protected. What Do The Rules Require? The Commission's Lifeline rules prohibit ETCs from signing up for Lifeline service any consumer who is already enrolled in the program. Sections 54.401(a)(1) and 54.405 of the Commission's rules state that an ETC may only make Lifeline available to consumers who are not currently receiving Lifeline service. The Commission's 2011 Duplicative Program Payments Order requires ETCs to explain to consumers in plain, easily comprehensible language that they are not permitted to receive more than one Lifeline subsidy. Enrolling consumers in Lifeline without first
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  • the passage of the Telecommunications Act of 1996 pursuant to its general authority under sections 1, 4(i), 201, and 205 of the Act. See 1997 Universal Service Order, 12 FCC Rcd 8952-53, � 341; 2004 Lifeline Order, 19 FCC Rcd at 8306, � 4. See also Telecommunications Act of 1996, Pub.L. No., 104-104, 110 Stat. 56 (1996). 47 C.F.R. � 54.401(a)(2); 1997 Universal Service Order, 12 FCC Rcd at 8957, � 341; 2004 Lifeline Order, 19 FCC Rcd at 8306, � 4. 47 C.F.R. � 54.401(a)(3); 1997 Universal Service Order, 12 FCC Rcd at 8980, � 385. See 47 C.F.R. � 54.411(a)(1). See 47 C.F.R. �� 54.407, 54.413. 47 U.S.C. � 254(e) (providing that only ETCs designated pursuant section 214(e) of
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  • Transferee, CC Docket No. 98-25, Memorandum Opinion and Order, 13 FCC Rcd 21292 at 21306, paras. 28-29 (1998). Additionally, we note that Choice One has addressed a number of these issues in state proceedings. Lifeline is a retail local service offering that is available only to qualifying low income consumers for which the consumers pay reduced charges. 47 C.F.R. � 54.401. PULP Nov. 20 Ex Parte Letter at 1. Id. at 2. See 47 C.F.R. �� 54.401(d), 54.409(a). Joint Petition of Global Crossing and Citizens Communications Company for approval of the transfer of capital stock of their New York ILECs (Frontier of Rochester, Ausable Valley, Sylvan Lake, and Seneca Gorham) and Frontier subsidiary, Telco Inc. to Citizens Communications, and for Other
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  • Multifrequency (DTMF) signaling or its functional equivalent; (4) single-party service or its functional equivalent; (5) access to emergency services, including 911 and enhanced 911; (6) access to operator services; (7) access to interexchange services; (8) access to directory assistance; and (9) toll limitation for qualifying low-income customers. 47 C.F.R. � 54.101(a). In addition, IT&E indicates that ``[i]n accordance with Section 54.401(b) of the Commission's rules, IT&E will not disconnect Lifeline service for non-payment of toll charges.'' See IT&E Petition at 4. We note that, pursuant to the Fifth Circuit Court of Appeals decision in Texas Office of Public Utility Counsel v. FCC, section 54.401(b) of the rules was deleted in November 1999. See Texas Office of Public Utility Counsel v. FCC,
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  • 214(e)(1)(B), states: ``A common carrier designated as an eligible telecommunications carrier under paragraph (2), (3), or (6) shall be eligible to receive universal service support in accordance with section 254 and shall, throughout the service area for which the designation is received advertise the availability of such services and the charges therefor using media of general distribution.'' 47 C.F.R. � 54.401(a)(2); In the Matter of Federal-State Joint Board on Universal Service, Report and Order, 12 FCC Rcd 8776, 8957, � 341(1997). 47 C.F.R. � 54.411(a)(1). 47 C.F.R. �� 54.403(a)(4), 54.411(a)(3). ``Tier four'' support provides eligible subscribers living on tribal lands up to an additional $25 per month towards reducing basic local service rates, but this discount can not bring the subscriber's
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  • and Link-Up may not be aware of the benefits of the programs. . See 47 C.F.R. Part 54, Subpart E; ``FCC and NARUC Launch `Lifeline Across America' to Raise Awareness of Lifeline and Link-Up Programs,'' released July 26, 2005. See Wireline Competition Bureau, Federal Communications Commission, Trends in Telephone Service Report, Table 19.8 (June 21, 2005). See 47 C.F.R. � 54.401, 54.411. See In the Matter of Lifeline and Link-Up, WC Docket No. 03-109, Report and Order and Further Notice of Proposed Rulemaking, 18 F.C.C.R. 8302 � 1 (2004). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ' & F & F & F & F J
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  • (``Quality services should be available at just, reasonable, and affordable rates.''). Under the Commission's rules, there are four tiers of federal Lifeline support. All eligible telephone subscribers receive Tier 1 support, which provides a discount of up to $6.50 off of the monthly cost of telephone service for a single telephone line in their principal residence. See 47 C.F.R. �� 54.401(a)(2). Tier 2 support provides an additional $1.75 per month in federal support as long as all relevant state regulatory authorities approve such a reduction. 47 C.F.R. � 54.403(a)(2). Tier 3 support provides an amount equal to one-half of the subscriber's state or carrier-provided Lifeline support, up to a maximum of $1.75. 47 C.F.R. � 54.403(a)(3). Finally, Tier 4 support provides
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  • of consumers eligible for or applying to the programs impact how outreach should be done? or (202) 418-7944. See ``FCC and NARUC Launch `Lifeline Across America' to Raise Awareness of Lifeline and Link-Up Programs,'' Press Release, July 26, 2005. See Wireline Competition Bureau, Federal Communications Commission, Trends in Telephone Service Report, Table 19.8 (June 21, 2005). See 47 C.F.R. �� 54.401, 54.411. See Lifeline and Link-Up, WC Docket No. 03-109, Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 8302, para. 1 (2004). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 y z � � { | h � ��PNG r v ��"r�9 I'6�
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  • June 6, 2007. See id at 1. Lifeline service is a retail local service offering that is available only to qualifying low-income consumers; these consumers pay reduced charges as a result of application of the Lifeline support amount described in 47 C.F.R. � 54.403. Lifeline services and functionalities are enumerated in � 54.101 (a)(1) through (a)(9). See 47 C.F.R. � 54.401. See id. 47 C.F.R. �� 64.1120(e)(1) &(e)(3). See Petition at 2. Streamlining Order at para. 10, 16 FCC Rcd at 11222. Non-Public, For Internal Use Only Federal Communications Commission DA 07-2770 Federal Communications Commission FCC 00-XXX '' � - 3 ; K M o u ' `` '' � � � � d � b l ' � � �
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  • Petition at 2. See id at 1-2. Lifeline service is a retail local service offering that is available only to qualifying low-income consumers; these consumers pay reduced charges as a result of application of the Lifeline support amount described in 47 C.F.R. � 54.403. Lifeline services and functionalities are enumerated in � 54.101 (a)(1) through (a)(9). See 47 C.F.R. � 54.401. See email from Richard T. Ellis from Richard T. Ellis, Director - Federal Regulatory Advocacy, Verizon, to David Marks, Attorney Advisor, Consumer & Governmental Affairs Bureau, dated July 12, 2007. See id. 47 C.F.R. �� 64.1120(e)(1) &(e)(3). See email from Richard T. Ellis from Richard T. Ellis, Director - Federal Regulatory Advocacy, Verizon, to David Marks, Attorney Advisor, Consumer &
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  • Communications Act of 1934, as amended 09/30/09 3060-0812 Exemption from Payment of Regulatory Fees When Claiming Non-Profit Status 01/31/09 3060-0813 Commission's Rules to Ensure Compatibility with Enhanced 911 Calling Systems 02/28/09 3060-0814 Sec. 54.301 03/31/08 3060-0816 FCC 477 05/31/08 3060-0817 Computer III Further Remand Proceedings: BOC Provision of Enhanced Services (ONA Requirements), CC Docket No. 95-20 09/30/09 3060-0819 Secs. 54.400, 54.401, 54.402, 54.403, 54.404, 54.405, 54.406, 54.407, 54.408, 54.409. 54.410, 54.411, 54.412, 54.413, 54.414, 54.415, 54.416 and 54.417, and FCC 497 05/31/08 3060-0823 Pay Telephone Reclassification, Memorandum Opinion and Order, CC Docket No. 96-128 05/31/08 3060-0824 FCC 498 09/30/09 3060-0833 Implementation of Section 255 of the Telecommunications Act of 1996: Complaint Filings/Designation of Agents 03/31/08 3060-0835 FCC 806, FCC 824, FCC
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  • also establish certification and verification requirements, as well as recordkeeping and auditing requirements. Need: In implementing statutory requirements for the Lifeline and Linkup Program of the Universal Service support mechanism, these rules ensure that quality telecommunications services are available to low-income consumers at reasonable and affordable rates. Legal Basis: 47 U.S.C. 254(b). Section Numbers and Titles: 54.400 Terms and definitions. 54.401 Lifeline defined. 54.403 Lifeline support amount. 54.405 Carrier obligation to offer Lifeline. 54.407 Reimbursement for offering Lifeline. 54.409 Consumer qualification for Lifeline. 54.411 Link Up program defined. 54.413 Reimbursement for revenue forgone in offering a Link Up program. 54.415 Consumer qualification for Link Up. 54.417 Recordkeeping requirements. SUBPART F-UNIVERSAL SERVICE SUPPORT FOR SCHOOLS AND LIBRARIES Brief Description: These rules specify
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  • (202) 418-0484. - FCC - Request for Review by AT&T Inc. of Decisions of the Universal Service Administrator, WC Docket No. 03-109 (filed Aug. 18, 2008) (AT&T Petition). See AT&T Petition at 8-10; see also 47 C.F.R. � 54.417. See AT&T Petition at 11-13; see also 47 C.F.R. � 54.417(a). See AT&T Petition at 13-14; see also 47 C.F.R. �� 54.401(a), 54.405(b). See AT&T Petition at 15-18. FCC Form 497 is used by ETCs to request reimbursement for participating in the federal low-income universal service programs. See Instructions for Lifeline and Link Up Worksheet, OMB 3060-0819 (July 2008) (FCC Form 497) at http://www.usac.org/_res/documents/li/pdf/Form-497-instructions-FY2008.p df (retrieved Aug. 22, 2008). See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report
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  • Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484. - FCC - Request for Review by AT&T Inc. of Decision of the Universal Service Administrator, WC Docket No. 03-109 (filed Apr. 14, 2009) (AT&T Petition). See id. at 3, 6-8; see also 47 C.F.R. � 54.417(a). See AT&T Petition at 3-4, 8-9; see also 47 C.F.R. �� 54.101(a), 54.401(a)(3), 54.405(b). See AT&T Petition at 4-6, 10-13; see also 47 C.F.R. �� 54.403(a), 54.407(c). FCC Form 497 is used by eligible telecommunications carriers to request reimbursement for participating in the federal low-income universal service programs. See Instructions for Lifeline and Link Up Worksheet, OMB 3060-0819 (July 2008) (FCC Form 497), http://www.usac.org/_res/documents/li/pdf/Form-497-instructions-FY2008.p df (retrieved May 5, 2009). See Electronic Filing of
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  • also establish certification and verification requirements, as well as recordkeeping and auditing requirements. Need: In implementing statutory requirements for the Lifeline and Linkup Program of the universal service support mechanism, these rules ensure that quality telecommunications services are available to low-income consumers at reasonable and affordable rates. Legal Basis: 47 U.S.C. 254(b). Section Number and Title: 54.400 Terms and definitions. 54.401 Lifeline defined. 54.403 Lifeline support amount. SUBPART F-UNIVERSAL SERVICE SUPPORT FOR SCHOOLS AND LIBRARIES Brief Description: These rules specify the requirements for participation in the Schools and Libraries Program of the universal service support mechanism. The rules describe requirements regarding eligible entities, and the services eligible for discounted support. The rules also establish procedures for the application process, competitive bidding
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  • 3381-82, para. 2. In light of the Pennsylvania Public Utility Commission's determination that it will exercise jurisdiction over wireless carriers as ETCs pursuant to section 214(e)(2) of the Act, the Commission dismissed without prejudice the petition filed by Virgin Mobile seeking designation as an ETC in Pennsylvania. Id. at 3382, para. 2. 47 U.S.C. � 254(b)(3). See 47 C.F.R. � 54.401(a)(2). See 47 C.F.R. � 54.407(b)-(c). 47 U.S.C. � 254(e). 47 U.S.C. � 214(e)(1). 47 U.S.C. � 214(e)(1)(A); see also 47 C.F.R. � 54.201(i) (``A state commission shall not designate as an eligible telecommunications carrier a telecommunications carrier that offers the services supported by federal universal service support mechanisms exclusively through the resale of another carrier's services.''). 47 U.S.C. � 214(e)(6).
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  • 12287-88, para. 180 (2000) (Tribal Lands Order) (setting forth the eligibility criteria for Tier 4 Lifeline support). See Alltel Petition at Exhibit 3; see also Lifeline and Link-Up Order, 19 FCC Rcd at 8304, para. 4; Universal Service First Report and Order, 12 FCC Rcd at 8957, para. 341. See Alltel Petition at Exhibit 4; see also 47 C.F.R. � 54.401(a) (defining Lifeline as a ``retail local service offering''); Universal Service First Report and Order, 12 FCC Rcd at 8991, para. 404 (declining to provide universal service Lifeline support for the use of interexchange and advanced services for low-income consumers); Tribal Lands Order, 15 FCC Rcd at 12238, para. 58 (noting that intrastate toll services are not supported by the universal
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  • Bureau TracFone Petition for Waiver of Section 54.418, MB Docket Nos. 09-17, 07-148, 07-91, 08-225; WT Docket Nos. 06-150, 06-169; PS Docket No. 06-229; WT Docket No. 98-86 (filed Feb. 24, 2009) (Petition); 47 C.F.R. � 54.418. 47 C.F.R. � 54.418. The Lifeline and Link-Up programs provide support to low-income consumers through the federal universal service fund. 47 C.F.R. �� 54.401, 54.411. The Lifeline program provides low-income consumers with discounts of up to $10.00 off the monthly cost of telephone service. 47 C.F.R. � 54.401(a)(2). The Link-Up program provides low-income consumers with discounts of up to $30.00 off the initial costs of installing telephone service. 47 C.F.R. � 54.411(a)(1). TracFone is only eligible to receive Lifeline support through the federal universal
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  • does not present novel questions of fact, law, or policy that cannot be resolved under existing precedents and guidelines, the Wireline Competition Bureau has authority to act on the petition. See 47 C.F.R. �� 0.91(m), 0.291(a)(2). See TracFone ETC Designation Order, 23 FCC Rcd at 6207, para. 1. Id. at 6213, para. 16. 47 U.S.C. � 254(b)(3). 47 C.F.R. � 54.401(a)(2). 47 C.F.R. � 54.407(b)-(c). 47 U.S.C. � 214(e)(6). Section 214(e)(2) of the Act gives state commissions the primary responsibility for performing ETC designations. 47 U.S.C. � 214(e)(2). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 20 FCC Rcd 6371, 6380, para 20 (2005). Pursuant to section 214(e)(1) of the Act, a carrier must offer
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  • abuse in universal service programs, including the Lifeline program, is a paramount objective of the Commission, and the Enforcement Bureau will take all necessary steps to ensure that this vital program is protected. What Do The Rules Require? The Commission's Lifeline rules prohibit ETCs from signing up for Lifeline service any consumer who is already enrolled in the program. Sections 54.401(a)(1) and 54.405 of the Commission's rules state that an ETC may only make Lifeline available to consumers who are not currently receiving Lifeline service. The Commission's 2011 Duplicative Program Payments Order requires ETCs to explain to consumers in plain, easily comprehensible language that they are not permitted to receive more than one Lifeline subsidy. Enrolling consumers in Lifeline without first
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  • June 21, 2011, the Wireline Competition Bureau (Bureau) provided the Universal Service Administrative Company (USAC) with guidance on the process USAC should follow in identifying and resolving duplicative Lifeline claims found through in-depth data validations (IDVs) (``Duplicate Resolution Process''). We provided this guidance letter at the same time the Commission issued the 2011 Duplicative Program Payments Order, which amended sections 54.401 and 54.405 of the Commission's rules to provide that no qualifying consumer is permitted to receive more than one Lifeline subsidy at a given time. The Duplicate Resolution Process has been a cooperative effort between ETCs, USAC, the ETCs' third party vendor, and FCC staff. To date, the Duplicate Resolution Process has involved USAC identifying duplicative Lifeline claims, notifying the
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  • Docket No. 01-92, CC Docket No. 96-45, WC Docket No. 03-109, WT Docket No. 10-208, Order on Reconsideration, FCC 11-189, para. 3 (rel. Dec. 23, 2011). We note that in the recent Lifeline Reform Order, the Commission further amended section 54.101 to specify that toll limitation services for low-income services shall be provided as set forth in newly revised � 54.401(a)(1) and subject to the limitations set forth in newly revised � 54.403(c). In particular, ETCs are not required to offer toll limitation service to low-income consumers if the Lifeline offering provides a set amount of minutes that do not distinguish between toll and non-toll calls. Advancing Broadband Availability Through Digital Literacy Training, WC Docket No. 12-23, Lifeline and Link Up
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  • No. 01-92, CC Docket No. 96-45, WC Docket No. 03-109, WT Docket No. 10-208, Order on Reconsideration, FCC 11- 189, para. 3 (rel. Dec. 23, 2011). We note that in the recent Lifeline Reform Order, the Commission further amended section 54.101 to specify that toll limitation services for low-income services shall be provided as set forth in newly revised � 54.401(a)(1) and subject to the limitations set forth in newly revised � 54.403(c). In particular, ETCs are not required to offer toll limitation service to low-income consumers if the Lifeline offering provides a set amount of minutes that do not distinguish between toll and non-toll calls. Advancing Broadband Availability Through Digital Literacy Training, WC Docket No. 12-23, Lifeline and Link Up
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  • the Lifeline Reform Order to implement the new support amount. This temporary waiver of the $9.25 flat-rate will not affect the Commission's 2012 savings target and its ongoing commitment to fiscal responsibility. Other Lifeline Rules. OMB also approved the information collection requirements of the following rules adopted or amended in the Lifeline Reform Order: 54.202(a) Required Showings For ETC Designation 54.401(d) Required Filings with Administrator For State ETC Designations 54.403 Lifeline Support Amount 54.404 National Lifeline Accountability Database 54.405 Carrier Obligation to Offer Lifeline (except for portions of section 54.405(c) (Required Disclosures) and section 54.405(e)(4) (De-enrollment for failure to re-certify)) 54.407 Requirements for Obtaining Reimbursement and Usage Requirement 54.410(a) through (f) Subscriber Eligibility Determination and Certification 54.416 Annual ETC Certifications 54.417
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  • for Designation as an Eligible Telecommunications Carrier, WC Docket Nos. 09-197 and 11-42, Compliance Plan of Budget PrePay, Inc. at 3 n. 6 (filed May 1, 2012). To the extent ETCs seek to avail themselves of the conditional forbearance relief established in the Lifeline Reform Order, we presume they lack facilities to provide the supported service under section 54.101 and 54.401 of the Commission's rules. See 47 C.F.R. �� 54.101 and 54.401. Such ETCs must comply with the compliance plan approved herein in each state or territory where they are designated as an ETC, regardless of their claim of facilities for other purposes, such as eligibility for state universal service funding. See Lifeline Reform Order, FCC 12-11 at paras. 368-381. See
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  • et al., CC Dkt No. 96-45 (filed Apr. 19, 2012) (Oregon Petition); Lifeline and Link Up Reform and Modernization et al., Colorado Public Utilities Commission, Petition for Waiver, WC Dkt. Nos. 11-42 et al., CC Dkt No. 96-45 (filed Apr. 6, 2012) (Colorado Petition). See USTelecom Petition at 2 (seeking a waiver in particular states from sections 54.407(d), 54.410(b)(2), and 54.401(c)(2) of the Commission's rules). In those states where the state Lifeline administrator or another state agency is responsible for the initial determination of subscribers' eligibility, sections 54.410(b)(2) and 54.410(c)(2) of the Commission's rules require ETCs to obtain notice of eligibility and certification forms from the administrator or the applicable agency for each Lifeline subscriber before the ETC seeks reimbursement from
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  • be used on bills when referring to various line-item charges relating to federal regulatory action, including local number portability and subscriber line charges, in addition to charges attributed to the universal service fund. TIB Order and FNPRM, 14 FCC Rcd at 7537, para. 71. infra, the Commission has previously expressed concern about limiting carriers' pricing flexibility. See 47 C.F.R. �� 54.401, 54.403 (describing Lifeline program). See Universal Service Order, 12 FCC Rcd at 8952-53, para. 329. Lifeline customer eligibility criteria are outlined in section 54.409 of our rules. See 47 C.F.R. � 54.409. See 47 C.F.R. � 69.158; see also Access Charge Reform, Sixth Report and Order in CC Docket No. 96-262 and 94-1, Report and Order in CC Docket No.
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  • the differences come from the fact that 800 and "800 like" access lines and derived ISDN channels are not treated as billable access lines in the ARMIS Report 43-01, but are included in the count of access lines in the ARMIS Report 43-08. For terms and definitions of the billable access lines' columns in the table, see 47 CFR � 54.401(a), and � 69.114, respectively, which can be found on the Internet at www.fcc.gov/wcb/iatd/47cfr.html. Company Notes Notes and footnotes submitted by individual carrier with the ARMIS 43-01 filing explaining any difference in the current data compared with the past can be found in the "Preset Reports" on the Internet at www.fcc.gov/wcb/eafs. Traffic-Sensitive Minutes of Use Total premium traffic-sensitive Minutes-of-Use (MOU) are
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  • telecommunications carrier (ETC) (47 C.F.R. �� 54.201(a); Definition of eligible telecommunications carriers, generally, which discusses carrier eligibility) and provides the services required for eligibility (54.101(a): Services designated for support, and (b): Requirement to offer all designated services; which describe the services that an eligible carrier must offer to receive federal universal service support) makes available Lifeline service, as defined in 54.401, to qualifying low-income consumers (47 C.F.R. � 54.405(a): Carrier obligation to offer lifeline, which discusses carriers' obligations to offer, publicize, notify and allow lifeline services) Advertising Supported Services - the (name of Telecommunications Carrier) asserts that it: publicizes the availability of supported services in a manner reasonably designed to reach those likely to qualify for the service. Lifeline (47 C.F.R.
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  • the differences come from the fact that 800 and "800 like" access lines and derived ISDN channels are not treated as billable access lines in the ARMIS Report 43-01, but are included in the count of access lines in the ARMIS Report 43-08. For terms and definitions of the billable access lines' columns in the table, see 47 CFR � 54.401(a), and � 69.114, respectively, which can be found on the Internet at www.fcc.gov/wcb/iatd/47cfr.html. Company Notes Notes and footnotes submitted by individual carrier with the ARMIS 43-01 filing explaining any differences in the current data compared with the past can be found in the "Preset Reports" on the Internet at www.fcc.gov/wcb/eafs. Traffic-Sensitive Minutes of Use Total premium traffic-sensitive Minutes-of-Use (MOU) are
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Report No. 2885 March 30, 2009 CONSUMER & GOVERNMENTAL AFFAIRS BUREAU REFERENCE INFORMATION CENTER ------------------------------------------------------------------------ ------------------------------------------------------------------ RM NO. RULES SEC. PETITIONER DATE RECEIVED NATURE OF PETITION 11525 54.101(a) First Alert 03/06/09 First Alert System Text Corporation 54.400 Text System (FAST) requests that it's emergency alert 54.401(a) service be provided free of charge to (Filed By: Robert Craddock all cell phones owned by consumers 4639 Clyde Morris Blvd participating in the Lifeline program. Suite #106 Port Orange, FL 32129) ------------------------------------------------------------------------ ------------------------------------------------------------------ RM NO. RULES SEC. PETITIONER DATE RECEIVED NATURE OF PETITION 11526 54.403(a)(1) TracFone 03/05/09 In the Matter of Petition for Wireless Rulemaking to revise Universal Service
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  • the differences come from the fact that 800 and "800 like" access lines and derived ISDN channels are not treated as billable access lines in the ARMIS Report 43-01, but are included in the count of access lines in the ARMIS Report 43-08. For terms and definitions of the billable access lines' columns in the table, see 47 CFR � 54.401(a), and � 69.114, respectively, which can be found on the Internet at www.fcc.gov/wcb/iatd/47cfr.html. Traffic-Sensitive Minutes of Use Total premium traffic-sensitive Minutes-of-Use (MOU) are calculated using premium local switching revenues and the appropriate rates. MOU are calculated pursuant to � 69.205. All resellers' minutes are included. Total non-premium traffic-sensitive MOU are calculated using non-premium local switching revenues and the appropriate rates.
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  • through to its qualifying low-income subscribers a rate reduction equivalent to both the intrastate and federal third-tier support amounts, will be entitled to receive third-tier federal Lifeline support. For the foregoing reasons, however, we maintain the matching requirement of section 54.403(a) as a condition for receiving third-tier federal Lifeline support. Filing of Federal Lifeline Plan. Finally, we observe that section 54.401(d) of the Commission's rules currently does not apply to an eligible telecommunications carrier that is not subject to the rate regulatory authority of a state commission. That section directs a state commission to file, or requires a state commission to direct an eligible telecommunications carrier to file, with USAC information demonstrating that the carrier's Lifeline plan meets the requirements of
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  • be used on bills when referring to various line-item charges relating to federal regulatory action, including local number portability and subscriber line charges, in addition to charges attributed to the universal service fund. TIB Order and FNPRM, 14 FCC Rcd at 7537, para. 71. infra, the Commission has previously expressed concern about limiting carriers' pricing flexibility. See 47 C.F.R. �� 54.401, 54.403 (describing Lifeline program). See Universal Service Order, 12 FCC Rcd at 8952-53, para. 329. Lifeline customer eligibility criteria are outlined in section 54.409 of our rules. See 47 C.F.R. � 54.409. See 47 C.F.R. � 69.158; see also Access Charge Reform, Sixth Report and Order in CC Docket No. 96-262 and 94-1, Report and Order in CC Docket No.
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  • 1. See generally Federal-State Joint Board on Universal Service, Multi-Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, CC Docket Nos. 96-45 & 00-256, Fourteenth Report and Order and Twenty-Second Order on Reconsideration and Report and Order, 16 FCC Rcd 11244 (2001) (Rural Task Force Order). See 47 C.F.R. �� 54.401, 54.403. 47 U.S.C. � 254(b). >. See 47 C.F.R. � 64.2401. See First Further Notice, 17 FCC Rcd at 3797-98, para. 103. See, e.g., USCC Comments at 9-10; Letter from Mitchell F. Brecher, counsel for TracFone Wireless, Inc., to Marlene H. Dortch, Federal Communications Commission, filed Dec. 5, 2002; Letter from L. Charles Keller, counsel for Verizon Wireless, to Marlene
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  • Order, and Further Notice of Proposed Rulemaking, CC Docket No. 96-45, 15 FCC Rcd 12208 (2000) (Twelfth Report and Order and Further Notice). Twelfth Report and Order and Further Notice, 15 FCC Rcd at 12213-14, para. 5. The Lifeline support program is designed to increase subscribership by reducing qualifying low-income consumers' monthly basic local service charge. See 47 C.F.R. � 54.401. The Link-Up program assists qualifying low-income consumers in initiating telephone service by paying a portion of the service connection charge. See 47 C.F.R. � 54.411. Twelfth Report and Order and Further Notice, 15 FCC Rcd at 12225, paras. 28-29. Twelfth Report and Order and Further Notice, 15 FCC Rcd at 12221, para. 21 (citing 47 U.S.C. � 254(b)(3)). Twelfth Report
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  • adopt verification of continued Lifeline eligibility procedures within one year. We encourage commenters to address these issues in their comments. In addition, the Commission seeks comment on several minor changes to clarify and streamline our rules. Section 52.33 (a)(1)(i)(C) states that ``Lifeline Assistance Program customers shall not receive the monthly number-portability charge.'' However, this rule is not referenced in section 54.401 where Lifeline is defined. We propose to add a subsection (e) to section 54.401 to clarify that Lifeline customers are exempt from the monthly number-portability charge, cross-referencing section 52.33(a)(1)(i)(C). Additionally, in the 1997 Universal Service Order, the Commission adopted the Joint Board's recommendation to prohibit service deposit requirements for customers who accept toll limitation. Currently, section 54.401(c) states that, ``[e]ligible
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  • Interim Contribution Methodology Order at para. 51. Services eligible for Lifeline discounts do not generate assessable interstate telecommunications revenues, because Lifeline customers are not assessed subscriber line, local number portability, or toll limitation charges. See Letter from Clint Odom, Verizon, to Marlene H. Dortch, Federal Communications Commission, filed February 14, 2003. See 47 C.F.R. �� 54.101 (list of supported services), 54.401 (Lifeline defined). Similarly, a wireless ETC that provides minutes of use that can be used for local or long distance calling and that uses the interim mobile wireless safe harbor or a proxy percentage based on traffic studies to determine its interstate revenues would incur assessable telecommunications revenues from a Lifeline customer. As described in the Interim Contribution Methodology Order,
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  • that the Joint Board recommend rules governing disconnection of Lifeline/Link-Up consumers for non-payment of toll charges. The Joint Board declines to recommend such a rule. We note that, in the 1997 Universal Service Order, the Commission adopted the Joint Board's recommendation that carriers should be prohibited from disconnecting Lifeline consumers' local service for nonpayment of toll charges, and adopted section 54.401(b) stating that ``[e]ligible telecommunications carriers may not disconnect Lifeline service for non-payment of toll charges.'' In Texas PUC v. FCC, however, the Fifth Circuit found that the Commission lacked jurisdiction to take such actions without additional justification and that the Commission had ``failed to show why allowing states to control disconnections from local service'' would interfere with federal objectives. In
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  • by carriers that allows consumers to specify a certain amount of toll usage that may be incurred on their telecommunications channel per month or per billing cycle. 47 C.F.R. � 54.400(c). 47 U.S.C. � 214(e)(1)(B). Id. 47 C.F.R. �� 54.405(b) and 54.411(d). Lifeline is a program that provides discounts to consumers on their monthly telephone bills. See 47 C.F.R. �� 54.401-54.409. Link Up helps consumers with telephone installation costs. See 47 C.F.R. �� 54.411-54.415. In its Twelfth Report and Order, the Commission created a fourth tier ($25.00 per month) of federal Lifeline support and established additional Link-Up support ($70.00 per consumer) which is available to ETCs serving qualifying low-income individuals living on tribal lands. See Federal-State Joint Board on Universal Service;
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  • to comply with their ETC obligations. Minor Rule Changes In the NPRM, the Commission identified various proposals to clarify and streamline our rules. Specifically, the Commission proposed to modify Part 54 to reference a provision in section 52.33(a)(1)(i)(C) of the Commission's rules that exempts Lifeline Assistance Program customers from monthly number-portability charges. The Commission also solicited comment on whether section 54.401(c) should be amended by replacing ``toll blocking'' with ``toll limitation'' to accurately reflect the Commission's determination in the 1997 Universal Service Order that ETCs may not impose service deposit requirements on Lifeline customers who accept toll limitation services. Section 54.401(c) incorrectly limits the service deposit prohibition to customers who accept toll blocking. Finally, the Commission sought comment on whether to
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  • by carriers that allows consumers to specify a certain amount of toll usage that may be incurred on their telecommunications channel per month or per billing cycle. 47 C.F.R. � 54.400(c). 47 U.S.C. � 214(e)(1)(B). Id. 47 C.F.R. �� 54.405(b) and 54.411(d). Lifeline is a program that provides discounts to consumers on their monthly telephone bills. See 47 C.F.R. �� 54.401-54.409. Link Up helps consumers with telephone installation costs. See 47 C.F.R. �� 54.411-54.415. In its Twelfth Report and Order, the Commission created a fourth tier ($25.00 per month) of federal Lifeline support and established additional Link-Up support ($70.00 per consumer) which is available to ETCs serving qualifying low-income individuals living on tribal lands. See Federal-State Joint Board on Universal Service;
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  • or below 135 percent of the Federal Poverty Guidelines. Id. at 8321, � 31. The Commission also adopted a verification requirement for all states, including federal default states. Id. at 8322, � 33. ETCs must, for federal default states, verify annually the eligibility of a statistically valid sample of their Lifeline subscribers. Id. at 8323, � 35. 47 C.F.R. � 54.401(a)(2). 47 C.F.R. � 54.403(a)(4). 47 C.F.R. � 54.411(a)(1). 47 C.F.R. � 54.411(a)(3). We have already sought comment on increasing participation in the Lifeline/Link-Up programs. See Lifeline/Link-Up Report and Order, 19 FCC Rcd at 8331-33, �� 56-58. We encourage parties to refresh the record in this proceeding. The high cost and low income programs generally do not have the number and
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  • 20114-5, para. 19 (1999) (Fourteenth Order on Reconsideration) (finding that although only ETCs may receive universal service support, a non-ETC that provides supported services to eligible rural health care providers may offset the value of the discount provided against its universal service contribution obligation and, to the extent such discount exceeds its contribution obligation, receive a refund). 47 C.F.R. �� 54.401, 54.411. See 47 C.F.R. � 54.401(a)(2). See 47 C.F.R. � 54.411(a)(1). See 47 C.F.R. �� 54.405(a)(4), 54.411(a)(3). Under the Commission's rules, there are four tiers of federal Lifeline support. All eligible subscribers receive Tier 1 support which provides a discount equal to the ETC's subscriber line charge. Tier 2 support provides an additional $1.75 per month in federal support, available
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  • months of free service to victims of Hurricane Katrina) (``Campbell Letter''). On September 19, 2005, the entire Louisiana Public Service Commission voted a resolution in support of the Campbell Letter. Lifeline provides low-income consumers with discounts of up to $10.00 off of the monthly cost of telephone service for a single telephone line in their principal residence. 47 C.F.R. � 54.401(a)(2). Link-Up provides low-income consumers with discounts of up to $30.00 off of the initial costs of installing telephone service. 47 C.F.R. � 54.411(a)(1). Recognizing the unique needs and characteristics of tribal communities, enhanced Lifeline and Link-Up provides qualifying low-income individuals living on tribal lands with up to $25.00 in additional discounts off the monthly cost of telephone service and up
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  • pending (Section 214(e) Declaratory Ruling). 47 U.S.C. � 214(e)(1)(A). An entity that offers the supported services exclusively through resale shall not be designated as an ETC. See 47 C.F.R. � 54.101(a)(5). See 47 U.S.C. � 214(e)(1)(B). 47 C.F.R. �� 54.405(b) and 54.411(d). Lifeline is a program that provides discounts to consumers on their monthly telephone bills. See 47 C.F.R. �� 54.401-54.409. Link Up helps consumers with telephone installation costs. See 47 C.F.R. �� 54.411-54.415. See Recommended Decision, 19 FCC Rcd at 4259, para. 5. . . As recommended by the Joint Board, the Commission adopted competitive neutrality as an additional principle for universal service. See Federal-State Joint Board on Universal Service, Report and Order, CC Docket No. 96-45, 12 FCC Rcd
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  • for Waiver of Section 54.400(e) of the Commission's Rules, filed March 19, 2004 (Original Waiver Petition). On November 15, 2004, SBI amended its petition, offering a different basis for its waiver, which we discuss more fully below. See Waiver Petition. See 47 U.S.C. � 254(b)(1) (``Quality services should be available at just, reasonable, and affordable rates.''). See 47 C.F.R. �� 54.401(a)(2). 47 C.F.R. � 54.403(a)(2). 47 C.F.R. � 54.403(a)(3). 47 C.F.R. � 54.403(a)(4). Id. See 47 C.F.R. � 54.411. 47 C.F.R. � 54.411(a)(1). 47 C.F.R. � 54.411(a)(3). 47 C.F.R. � 54.400(e). For purposes of identifying the geographic areas within which enhanced Lifeline and Link-Up should apply, the Commission determined that the term "Tribal lands" should include the United States Department of
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  • the passage of the Telecommunications Act of 1996 pursuant to its general authority under sections 1, 4(i), 201, and 205 of the Act. See 1997 Universal Service Order, 12 FCC Rcd 8952-53, � 341; 2004 Lifeline Order, 19 FCC Rcd at 8306, � 4. See also Telecommunications Act of 1996, Pub.L. No., 104-104, 110 Stat. 56 (1996). 47 C.F.R. � 54.401(a)(2); 1997 Universal Service Order, 12 FCC Rcd at 8957, � 341; 2004 Lifeline Order, 19 FCC Rcd at 8306, � 4. 47 C.F.R. � 54.401(a)(3); 1997 Universal Service Order, 12 FCC Rcd at 8980, � 385. See 47 C.F.R. � 54.411(a)(1). See 47 C.F.R. �� 54.407, 54.413. 47 U.S.C. � 254(e) (providing that only ETCs designated pursuant section 214(e) of
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  • Rcd 15095 (2005) (Forbearance Order). Under section 214(e)(1)(A) of the Act, an ETC must offer service using its own facilities or a combination of its own facilities and resale of another carrier's service. 47 U.S.C. � 214(e)(1)(A). Lifeline is the universal service low-income program that provides discounts to qualified low-income consumers on their monthly telephone bills. See 47 C.F.R. �� 54.401-54.409. Petition of TracFone Wireless, Inc. for Forbearance from 47 U.S.C. � 214(e)(l)(A) and 47 C.F.R. � 54.201(i), CC Docket No. 96-45, Compliance Plan (filed Oct. 11, 2005) (TracFone Compliance Plan); Petition of TracFone Wireless, Inc. for Forbearance from 47 U.S.C. � 214(e)(l)(A) and 47 C.F.R. � 54.201(i), CC Docket No. 96-45, Erratum to Compliance Plan (filed Oct. 17, 2005) (Erratum
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  • Docket No. 96-45, Order, 23 FCC Rcd 6206 (2008) (TracFone ETC Designation Order) (designating TracFone as an ETC for Lifeline support only in New York, Virginia, Connecticut, Massachusetts, Alabama, North Carolina, Tennessee, Delaware, New Hampshire, Pennsylvania, and the District of Columbia). Under the Lifeline program, low-income consumers receive discounts on their monthly charges for local phone service. 47 C.F.R. � 54.401. In its initial comments on the petition, the Pennsylvania Public Utility Commission (Pennsylvania Commission) sought an extension of the pleading cycle, seeking four additional weeks for comments and two more weeks for reply comments. Pennsylvania Commission Comments at 2. The Pennsylvania Commission filed comments and reply comments, as well as an ex parte filing in response to the TracFone Petition.
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  • for Designation as an Eligible Telecommunications Carrier in the Commonwealth of Virginia, CC Docket No. 96-45 (filed May 7, 2008). Virgin Mobile does not seek eligibility for high-cost support. (discussing jurisdiction of the Pennsylvania Public Utility Commission). Lifeline is the universal service low-income program that provides discounts to qualified low-income consumers on their monthly telephone bills. See 47 C.F.R. �� 54.401-54.409. . Forbearance Petition at 2. See Forbearance Petition. On December 13, 2007, the Bureau issued a public notice seeking comment on Virgin Mobile's Forbearance Petition. Comment Sought on Virgin Mobile's Petitions for Forbearance and Designation as an Eligible Telecommunications Carrier in the State of New York and Commonwealths of Pennsylvania and Virginia, CC Docket No. 96-45, Public Notice, 22 FCC
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  • CC Docket No. 96-45, Order, 25 FCC Rcd 2762 (Wireline Comp. Bur. 2010); 47 U.S.C. � 214(e). 47 U.S.C. � 160(a). 47 U.S.C. � 254(b)(3). Through the Lifeline program, low-income consumers may receive discounts of up to $13.50 off the monthly cost of telephone service, with the federal program reimbursing the ETC up to $10 each month. 47 C.F.R. � 54.401(a)(2). In tribal areas, the federal program reimburses ETCs up to an additional $25 each month. 47 C.F.R. � 54.405(a)(4). Through the Link Up program, low-income consumers may receive discounts of up to $30 off the connection charge. 47 C.F.R. � 54.411(a)(1). In tribal areas, low-income consumers may receive up to an additional $70 off the connection charge. 47 C.F.R. �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-117A1_Rcd.pdf
  • meeting certain obligations upon being designated as an ETC that are tailored to the concerns arising from each carrier's lack of facilities and proposed service offering.10 4Through the Lifeline program, low-income consumers may receive discounts of up to $13.50 off the monthly cost of telephone service, with the federal program reimbursing the ETC up to $10 each month. 47 C.F.R. �54.401(a)(2). In tribal areas, the federal program reimburses ETCs up to an additional $25 each month. 47 C.F.R. �54.405(a)(4). Through the Link Up program, low-income consumers may receive discounts of up to $30 off the connection charge. 47 C.F.R. �54.411(a)(1). In tribal areas, low-income consumers may receive up to an additional $70 off the connection charge. 47 C.F.R. �54.411(a)(3). 547 U.S.C.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-134A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-134A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-134A1.txt
  • � 214(e)(1)(A), CC Docket No. 96-45, WC Docket No. 09-197, Order, FCC 10-117 (rel. June 23, 2010) (i-wireless Forbearance Order). 47 U.S.C. � 254(b)(1), (3). Through the Lifeline program, low-income consumers may receive discounts of up to $13.50 off the monthly cost of telephone service, with the federal program reimbursing the ETC up to $10 each month. 47 C.F.R. � 54.401(a)(2). In tribal areas, the federal program reimburses ETCs up to an additional $25 each month. 47 C.F.R. � 54.405(a)(4). Through the Link Up program, low-income consumers may receive discounts of up to $30 off the connection charge. 47 C.F.R. � 54.411(a)(1). In tribal areas, low-income consumers may receive discounts of up to an additional $70 off the connection charge. 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-134A1_Rcd.pdf
  • Forbearance from 47 U.S.C. �214(e)(1)(A),CC Docket No. 96-45, WC Docket No. 09-197, Order, FCC 10-117 (rel. June 23, 2010) (i-wireless Forbearance Order). 347 U.S.C. �254(b)(1), (3). 4Through the Lifeline program, low-income consumers may receive discounts of up to $13.50 off the monthly cost of telephone service, with the federal program reimbursing the ETC up to $10 each month. 47 C.F.R. �54.401(a)(2). In tribal areas, the federal program reimburses ETCs up to an additional $25 each month. 47 C.F.R. �54.405(a)(4). Through the Link Up program, low-income consumers may receive discounts of up to $30 off the connection charge. 47 C.F.R. �54.411(a)(1). In tribal areas, low-income consumers may receive discounts of up to an additional $70 off the connection charge. 47 C.F.R. �54.411(a)(3).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-178A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-178A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-178A1.txt
  • Petition for Forbearance, CC Docket No. 96-45, Order, 25 FCC Rcd 7990 (Wireline Comp. Bur. 2010). 47 U.S.C. � 160(a). 47 U.S.C. � 254(b)(1), (3). Through the Lifeline program, low-income consumers may receive discounts of up to $13.50 off the monthly cost of telephone service, with the federal program reimbursing the ETC up to $10 each month. 47 C.F.R. � 54.401(a)(2). In Tribal areas, the federal program reimburses ETCs up to an additional $25 each month. 47 C.F.R. � 54.405(a)(4). Through the Link Up program, low-income consumers may receive discounts of up to $30 off the connection charge. 47 C.F.R. � 54.411(a)(1). In Tribal areas, low-income consumers may receive discounts of up to an additional $70 off the connection charge. 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-178A1_Rcd.pdf
  • could become an ETC for the purpose of participating in the Lifeline and Link Up programs.9 Conexions states that its request satisfies the statutory requirements for 4Through the Lifeline program, low-income consumers may receive discounts of up to $13.50 off the monthly cost of telephone service, with the federal program reimbursing the ETC up to $10 each month. 47 C.F.R. �54.401(a)(2). In Tribal areas, the federal program reimburses ETCs up to an additional $25 each month. 47 C.F.R. �54.405(a)(4). Through the Link Up program, low-income consumers may receive discounts of up to $30 off the connection charge. 47 C.F.R. �54.411(a)(1). In Tribal areas, low-income consumers may receive discounts of up to an additional $70 off the connection charge. 47 C.F.R. �54.411(a)(3).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-25A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-25A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-25A1.txt
  • Washington Petition, the ADT Petition, the VA Cellular Petition, and the RCC Petition collectively as Petitioners in this order. See 47 U.S.C. � 254(b)(1) (``Quality services should be available at just, reasonable and affordable rates.''). Generally, the Lifeline program provides eligible consumers with a discount on monthly charges for basic local landline or wireless telephone service. See 47 C.F.R. � 54.401. 47 C.F.R. � 54.407(a). 47 U.S.C. � 254(e). The Communications Act of 1934 was amended by the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). 47 U.S.C. � 214(e)(2); see also Federal-State Joint Board on Universal Service; Promoting Deployment and Subscribership in Unserved Areas, Including Tribal and Insular Areas, CC Docket No. 96-45, Twelfth Report and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-72A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-72A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-72A1.txt
  • the Commission within six (6) months of the release of this Order. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See Connecting America: The National Broadband Plan at 172-173 (rel. Mar. 16, 2010) (National Broadband Plan). See Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (1996 Act); see also 47 U.S.C. � 254(b)(3). See 47 C.F.R. � 54.401(a)(2); see also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 8957, para. 341 (1997) (Universal Service First Report and Order), aff'd in part, rev'd in part, remanded in part sub nom, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999), cert. denied, 530 U.S. 1210 (2000),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10J-2A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10J-2A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10J-2A1.txt
  • FCC Rcd 11322 (1998). 47 C.F.R. �� 1.1200 et seq. See 47 C.F.R. � 1.1206(b)(2). 47 C.F.R. � 1.1206(b). See Connecting America: The National Broadband Plan at 172-173 (rel. Mar. 16, 2010) (National Broadband Plan). See Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (1996 Act); see also 47 U.S.C. � 254(b)(3). See 47 C.F.R. � 54.401(a)(2); see also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 8957, para. 341 (1997) (Universal Service First Report and Order), aff'd in part, rev'd in part, remanded in part sub nom, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999), cert. denied, 530 U.S. 1210 (2000),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-137A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-137A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-137A1.txt
  • the State of New Hampshire, WC Docket No. 09-197, Order, 25 FCC Rcd 17797, 17804-05, paras. 20-24 (Wireline Comp. Bur. 2010). 47 U.S.C. � 254(b)(3). Through the Lifeline program, low-income consumers may receive discounts of up to $13.50 off the monthly cost of telephone service, with the federal program reimbursing the ETC up to $10 each month. 47 C.F.R. � 54.401(a)(2). In Tribal areas, the federal program reimburses ETCs up to $25 each month. 47 C.F.R. � 54.403(a)(4). 47 U.S.C. � 254(e). An entity need not be an ETC to participate in the schools and libraries or rural health care universal service programs. 47 U.S.C. � 254(h)(1)(A) and (B)(ii); see Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-139A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-139A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-139A1.txt
  • Docket No. 09-197, CC Docket No. 96-45, 25 FCC Rcd 13866 (2010) (Conexions Forbearance Order). See 47 U.S.C. � 160(a). 47 U.S.C. � 254(b)(1), (3). Through the Lifeline program, low-income consumers may receive discounts of up to $13.50 off the monthly cost of telephone service, with the federal program reimbursing the ETC up to $10 each month. 47 C.F.R. � 54.401(a)(2). In Tribal areas, the federal program reimburses ETCs up to an additional $25 each month. 47 C.F.R. � 54.405(a)(4). Through the Link Up program, low-income consumers may receive discounts of up to $30 off the connection charge. 47 C.F.R. � 54.411(a)(1). In Tribal areas, low-income consumers may receive discounts of up to an additional $70 off the connection charge. 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-30A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-30A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-30A1.txt
  • as an Eligible Telecommunications Carrier for the Hopi Reservation in Arizona, CC Docket No. 96-45, Order, 22 FCC Rcd 1866 (2007). National Broadband Plan at 146, Recommendation 8.5. Id. Eligible low-income consumers are also eligible for Toll Limitation Service support, which reimburses ETCs for providing toll blocking and toll control at no cost to the customer. See 47 C.F.R. � 54.401(a)(3). See 47 C.F.R. � 54.401. See 47 C.F.R. � 54.411. See 47 C.F.R. � 54.403(a)(4). Tier One is available to all eligible Lifeline subscribers and is equal to the incumbent ETC's subscriber line charge (currently capped at $6.50 per month). Id. at � 54.403(a)(1). Tier Two is an additional $1.75 per month, available if the ETC agrees to pass through
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-32A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-32A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-32A1.txt
  • between local and long distance calling. Indeed, many wireless ETCs offer plans eligible for the Lifeline discount that also include nationwide calling. From the consumer's perspective, distinctions between local and long distance calling are increasingly disappearing. Currently, all ETCs must make available to qualifying low-income households certain enumerated services as part of their Lifeline service offerings, as defined by section 54.401. These Lifeline supported services consist of a ``retail local service offering'' with specific functionalities including, for example, access to public switched networks, emergency services, operator services, and directory assistance. Additionally, according to the definitions of ``universal service'' and ``Lifeline'' adopted in the 1997 Universal Service First Report and Order, an ETC providing program support to a customer is currently reimbursed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-97A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-97A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-97A1.txt
  • is receiving duplicative Lifeline services from another ETC. Pursuant to that proposal, a subscriber found to be in receipt of duplicative Lifeline subscriptions will be de-enrolled from the Lifeline program by only one of the ETCs from which the subscriber is receiving discounted service, and the subscriber will maintain a single Lifeline subscription. Discussion In this order, we amend sections 54.401 and 54.405 of the Commission's rules to codify the restriction that an eligible low-income consumer cannot receive more than one Lifeline-supported service at a time. We also amend section 54.405 of the Commission's rules to provide that, upon a finding by USAC that a low-income consumer is the recipient of multiple Lifeline subsidies, any ETC notified that it has not
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-11A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-11A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-11A1.txt
  • program. In light of the changes in technology and in the marketplace, the Commission sought comment in the USF/ICC Transformation NPRM on simplifying the core functionalities of the supported services into the overarching concept, ``voice telephony service.'' Subsequently, in the Lifeline and Link Up NPRM, the Commission sought comment on similarly amending the definition of ``Lifeline'' supported services in section 54.401 to provide support for ``voice telephony service.'' In the USF/ICC Transformation Order and FNPRM, the Commission eliminated its former list of nine supported services and amended section 54.101(a) of its rules to specify that ``voice telephony service'' is supported by the federal universal service mechanisms. The Commission found this to be a more technologically neutral approach that focuses on the
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98232.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98232.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98232.wp
  • Charges Resulting from Federal Regulatory Action 48 We note that the LECs included this proposal as one of their best practices to prevent cramming. See Anti-Cramming Best Practices Guidelines at 13; see also, National Consumers League Testimony at 7 (proposing that telephone bills contain only charges for telephone-related services). 49 47 CFR � 64.1510 (c)(1); see also 47 C.F.R. � 54.401(b) (providing that Lifeline service cannot be disconnected for non-payment of toll charges). We also note that the Virginia State Corporation Commission is seeking comment on a proposed rule that would bar local service disconnections for failure to pay long distance charges billed through the local service provider. The proposed rule would allow local service disconnections only for the nonpayment for
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99168.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99168.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99168.wp
  • reduce the support burden on high-volume long-distance and business customers. We further seek comment on the extent to which some or all of these questions should be answered in consultation with the Joint Board, including whether there are jurisdictional or other reasons why consultation would be appropriate. Federal Communications Commission FCC 99-168 28 See 47 C.F.R. �� 36.711, 52.33, 54.400, 54.401, 54.403, 54.405, 54.409. 29 See, e.g., AT&T Tariff FCC No. 27, 2nd Rev. P. 3-19.5, at � 3.5.12.C (eff. June 15, 1999) (exempting low-income subscribers from AT&T's PICC charge), 2nd Rev. P. 3-19.6, at � 3.5.12.D (eff. July 1, 1999) (exempting low-income subscribers from AT&T's USF charge); MCI Tariff FCC No. 1, 140th Rev. P. 19.3, at � C.3.021212 (eff.
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.wp
  • the 221 Field Research Corp., Affordability of Telephone Service: A Survey of Customers and Non-Customers (funded jointly by GTE and Pacific Bell for the California Public Utilities Commission). This document was placed on the record of CC Docket No. 96-45 on July 28, 1999 and is available through the Commission's Electronic Comment Filing System: https://gullfoss.fcc.gov/cgi-bin/ws.exe/prod/ecfs/comsrch.hts. 222 See 47 C.F.R. �� 54.401(a)(3), 54.400. 223 We are aware that at least three carriers serving Indian reservations in Arizona were able to offer toll blocking, but not toll control, and a fourth did not expect to offer either until the summer of 1998, but believe that that difficulty was only temporary. See Fort Mojave Order, supra. 224 See, e.g, Overcoming Obstacles Proceeding, Testimony of
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.txt
  • be used on bills when referring to various line-item charges relating to federal regulatory action, including local number portability and subscriber line charges, in addition to charges attributed to the universal service fund. TIB Order and FNPRM, 14 FCC Rcd at 7537, para. 71. infra, the Commission has previously expressed concern about limiting carriers' pricing flexibility. See 47 C.F.R. �� 54.401, 54.403 (describing Lifeline program). See Universal Service Order, 12 FCC Rcd at 8952-53, para. 329. Lifeline customer eligibility criteria are outlined in section 54.409 of our rules. See 47 C.F.R. � 54.409. See 47 C.F.R. � 69.158; see also Access Charge Reform, Sixth Report and Order in CC Docket No. 96-262 and 94-1, Report and Order in CC Docket No.
• http://transition.fcc.gov/eb/Orders/2004/DA-04-1447A1.html
  • 214(e)(1)(B), states: ``A common carrier designated as an eligible telecommunications carrier under paragraph (2), (3), or (6) shall be eligible to receive universal service support in accordance with section 254 and shall, throughout the service area for which the designation is received advertise the availability of such services and the charges therefor using media of general distribution.'' 4 47 C.F.R. 54.401(a)(2); In the Matter of Federal- State Joint Board on Universal Service, Report and Order, 12 FCC Rcd 8776, 8957, 341(1997). 5 47 C.F.R. 54.411(a)(1). 6 47 C.F.R. 54.403(a)(4), 54.411(a)(3). ``Tier four'' support provides eligible subscribers living on tribal lands up to an additional $25 per month towards reducing basic local service rates, but this discount can not bring the subscriber's
• http://transition.fcc.gov/eb/Orders/2005/DA-05-525A1.html
  • ORDERED that a copy of this Memorandum Opinion and Order shall be sent by Certified Mail Return Receipt Requested to Kathleen Grillo, Vice President, Federal Regulatory Advocacy, Verizon, 1300 I Street NW, Suite 400 West, Washington, DC, 20005. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 147 U.S.C. 214(e)(1)(B). 247 C.F.R. 54.405(b), 54.411(d). 347 U.S.C 214(e)(1)(B). 447 C.F.R. 54.401(a)(2); In the Matter of Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 8957, 341(1997), affirmed in part, reversed in part and remanded in part sub nom. Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999), cert. denied, 530 U.S. 1210 (2000), cert. dismissed, 531 U.S. 975
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-148A1.html
  • the passage of the Telecommunications Act of 1996 pursuant to its general authority under sections 1, 4(i), 201, and 205 of the Act. See 1997 Universal Service Order, 12 FCC Rcd 8952-53, P: 341; 2004 Lifeline Order, 19 FCC Rcd at 8306, P: 4. See also Telecommunications Act of 1996, Pub.L. No., 104-104, 110 Stat. 56 (1996). 47 C.F.R. S: 54.401(a)(2); 1997 Universal Service Order, 12 FCC Rcd at 8957, P: 341; 2004 Lifeline Order, 19 FCC Rcd at 8306, P: 4. 47 C.F.R. S: 54.401(a)(3); 1997 Universal Service Order, 12 FCC Rcd at 8980, P: 385. See 47 C.F.R. S: 54.411(a)(1). See 47 C.F.R. S:S: 54.407, 54.413. 47 U.S.C. S: 254(e) (providing that only ETCs designated pursuant section 214(e) of
• http://transition.fcc.gov/eb/Public_Notices/DA-11-1971A1.html
  • abuse in universal service programs, including the Lifeline program, is a paramount objective of the Commission, and the Enforcement Bureau will take all necessary steps to ensure that this vital program is protected. What Do The Rules Require? The Commission's Lifeline rules prohibit ETCs from signing up for Lifeline service any consumer who is already enrolled in the program. Sections 54.401(a)(1) and 54.405 of the Commission's rules state that an ETC may only make Lifeline available to consumers who are not currently receiving Lifeline service. The Commission's 2011 Duplicative Program Payments Order requires ETCs to explain to consumers in plain, easily comprehensible language that they are not permitted to receive more than one Lifeline subsidy. Enrolling consumers in Lifeline without first
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98232.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98232.txt http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98232.wp
  • Charges Resulting from Federal Regulatory Action 48 We note that the LECs included this proposal as one of their best practices to prevent cramming. See Anti-Cramming Best Practices Guidelines at 13; see also, National Consumers League Testimony at 7 (proposing that telephone bills contain only charges for telephone-related services). 49 47 CFR � 64.1510 (c)(1); see also 47 C.F.R. � 54.401(b) (providing that Lifeline service cannot be disconnected for non-payment of toll charges). We also note that the Virginia State Corporation Commission is seeking comment on a proposed rule that would bar local service disconnections for failure to pay long distance charges billed through the local service provider. The proposed rule would allow local service disconnections only for the nonpayment for
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99168.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99168.txt http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99168.wp
  • reduce the support burden on high-volume long-distance and business customers. We further seek comment on the extent to which some or all of these questions should be answered in consultation with the Joint Board, including whether there are jurisdictional or other reasons why consultation would be appropriate. Federal Communications Commission FCC 99-168 28 See 47 C.F.R. �� 36.711, 52.33, 54.400, 54.401, 54.403, 54.405, 54.409. 29 See, e.g., AT&T Tariff FCC No. 27, 2nd Rev. P. 3-19.5, at � 3.5.12.C (eff. June 15, 1999) (exempting low-income subscribers from AT&T's PICC charge), 2nd Rev. P. 3-19.6, at � 3.5.12.D (eff. July 1, 1999) (exempting low-income subscribers from AT&T's USF charge); MCI Tariff FCC No. 1, 140th Rev. P. 19.3, at � C.3.021212 (eff.
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.doc http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.txt http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.wp
  • media of general distribution.'' We seek comment on the possibility of amending our current universal service rules to require carriers to publicize the availability of Lifeline and LinkUp and toll-limitation options. For example, we could revise section 54.405 of our rules by adding the following italicized language: All telecommunications carriers shall (a) make available Lifeline service, as defined in � 54.401, to qualifying low-income consumers, and (b) publicize the availability of Lifeline service in a manner reasonably designed to reach those likely to qualify for the services. We seek comment on the costs and benefits of requiring carriers to publicize the availability of Lifeline, LinkUp and toll-control devices. Alternatively, the Commission could encourage and participate in other marketing and information dissemination
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.doc http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.txt
  • be used on bills when referring to various line-item charges relating to federal regulatory action, including local number portability and subscriber line charges, in addition to charges attributed to the universal service fund. TIB Order and FNPRM, 14 FCC Rcd at 7537, para. 71. infra, the Commission has previously expressed concern about limiting carriers' pricing flexibility. See 47 C.F.R. �� 54.401, 54.403 (describing Lifeline program). See Universal Service Order, 12 FCC Rcd at 8952-53, para. 329. Lifeline customer eligibility criteria are outlined in section 54.409 of our rules. See 47 C.F.R. � 54.409. See 47 C.F.R. � 69.158; see also Access Charge Reform, Sixth Report and Order in CC Docket No. 96-262 and 94-1, Report and Order in CC Docket No.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00208.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00208.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00208.txt
  • through to its qualifying low-income subscribers a rate reduction equivalent to both the intrastate and federal third-tier support amounts, will be entitled to receive third-tier federal Lifeline support. For the foregoing reasons, however, we maintain the matching requirement of section 54.403(a) as a condition for receiving third-tier federal Lifeline support. Filing of Federal Lifeline Plan. Finally, we observe that section 54.401(d) of the Commission's rules currently does not apply to an eligible telecommunications carrier that is not subject to the rate regulatory authority of a state commission. That section directs a state commission to file, or requires a state commission to direct an eligible telecommunications carrier to file, with USAC information demonstrating that the carrier's Lifeline plan meets the requirements of
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00332.doc
  • No. 94-31 and PP Docket No. 93-253, Report and Order, 10 FCC Rcd 9589 (1995). One of these small entities, O'ahu Wireless Cable, Inc., was subsequently acquired by GTE Media Ventures, Inc., which did not qualify as a small entity for purposes of the MDS auction. 13 C.F.R. � 121.201. See 47 C.F.R. � 54.706. See, e.g., 47 C.F.R. �� 54.401(d), 54.407(c). See 5 U.S.C. � 603. 47 U.S.C. � 254(d); 47 C.F.R. � 54.706. See 47 C.F.R. �54.705. See 47 C.F.R. �1.3 47 C.F.R. �� 1.415, 1.419. Good cause exists to make this order effective upon release, see 5 U.S.C. � 553(d), because it relieves a restriction and because absent this order, carriers would be subject to a September 1,
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da971747.html http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da971747.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da971747.wp
  • Lifeline plan meets the criteria set forth in 47 C.F.R. 54.400-.417. Such information shall include the number of qualifying low-income consumers and the amount of state assistance. Lifeline assistance shall be made available to qualifying low-income consumers as soon as the Universal Service Administrator certifies that the carrier's Lifeline plan satisfies the criteria set forth in 47 C.F.R. 54.400-.417 ( 54.401(d); 368). Beginning January 1, 1998: * A baseline federal support amount of $3.50 will be available in all states, the District of Columbia, and all territories and possessions, regardless of whether the state, district, territory, or possession provides intrastate Lifeline support ( 351). * The baseline amount of federal support will increase from $3.50 to $5.25, provided the state approves
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da971892.html http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da971892.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da971892.wp
  • approves the reduction in the portion of the intrastate rate paid by the Lifeline customer. In a separate filing sent to the Administrator by December 31, 1997, state commissions or carriers must demonstrate that the carrier's Lifeline plan complies with the Commission's rules and state the number of qualifying low-income consumers and the amount of state assistance (see 47 C.F.R. 54.401(d)). Schools and Libraries. As a condition of eligibility for federal universal service support for schools and libraries in a state, the Commission concluded that each state must adopt an intrastate discount matrix with entries at least equal to those of the interstate discount matrix. To notify the Commission that a compliant intrastate discount matrix for schools and libraries has been
• http://www.fcc.gov/eb/Orders/2004/DA-04-1447A1.html
  • 214(e)(1)(B), states: ``A common carrier designated as an eligible telecommunications carrier under paragraph (2), (3), or (6) shall be eligible to receive universal service support in accordance with section 254 and shall, throughout the service area for which the designation is received advertise the availability of such services and the charges therefor using media of general distribution.'' 4 47 C.F.R. 54.401(a)(2); In the Matter of Federal- State Joint Board on Universal Service, Report and Order, 12 FCC Rcd 8776, 8957, 341(1997). 5 47 C.F.R. 54.411(a)(1). 6 47 C.F.R. 54.403(a)(4), 54.411(a)(3). ``Tier four'' support provides eligible subscribers living on tribal lands up to an additional $25 per month towards reducing basic local service rates, but this discount can not bring the subscriber's
• http://www.fcc.gov/eb/Orders/2005/DA-05-525A1.html
  • ORDERED that a copy of this Memorandum Opinion and Order shall be sent by Certified Mail Return Receipt Requested to Kathleen Grillo, Vice President, Federal Regulatory Advocacy, Verizon, 1300 I Street NW, Suite 400 West, Washington, DC, 20005. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 147 U.S.C. 214(e)(1)(B). 247 C.F.R. 54.405(b), 54.411(d). 347 U.S.C 214(e)(1)(B). 447 C.F.R. 54.401(a)(2); In the Matter of Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 8957, 341(1997), affirmed in part, reversed in part and remanded in part sub nom. Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999), cert. denied, 530 U.S. 1210 (2000), cert. dismissed, 531 U.S. 975
• http://www.fcc.gov/eb/Orders/2007/FCC-07-148A1.html
  • the passage of the Telecommunications Act of 1996 pursuant to its general authority under sections 1, 4(i), 201, and 205 of the Act. See 1997 Universal Service Order, 12 FCC Rcd 8952-53, P: 341; 2004 Lifeline Order, 19 FCC Rcd at 8306, P: 4. See also Telecommunications Act of 1996, Pub.L. No., 104-104, 110 Stat. 56 (1996). 47 C.F.R. S: 54.401(a)(2); 1997 Universal Service Order, 12 FCC Rcd at 8957, P: 341; 2004 Lifeline Order, 19 FCC Rcd at 8306, P: 4. 47 C.F.R. S: 54.401(a)(3); 1997 Universal Service Order, 12 FCC Rcd at 8980, P: 385. See 47 C.F.R. S: 54.411(a)(1). See 47 C.F.R. S:S: 54.407, 54.413. 47 U.S.C. S: 254(e) (providing that only ETCs designated pursuant section 214(e) of
• http://www.fcc.gov/eb/Public_Notices/DA-11-1971A1.html
  • abuse in universal service programs, including the Lifeline program, is a paramount objective of the Commission, and the Enforcement Bureau will take all necessary steps to ensure that this vital program is protected. What Do The Rules Require? The Commission's Lifeline rules prohibit ETCs from signing up for Lifeline service any consumer who is already enrolled in the program. Sections 54.401(a)(1) and 54.405 of the Commission's rules state that an ETC may only make Lifeline available to consumers who are not currently receiving Lifeline service. The Commission's 2011 Duplicative Program Payments Order requires ETCs to explain to consumers in plain, easily comprehensible language that they are not permitted to receive more than one Lifeline subsidy. Enrolling consumers in Lifeline without first
• http://www.fcc.gov/ogc/documents/opinions/1999/TexasPUC.html http://www.fcc.gov/ogc/documents/opinions/1999/TexasPUC.wp
  • ILECs have not traditionally served, this limiting the ILEC advantage over new entrants. Order 185. 34. ^34 We review the FCC's standing defense, like all constitutional questions, under a de novo standard of review. See 5 U.S.C. 706 (stating that "a reviewing court shall decide all relevant questions of law [and] interpret constitutional and statutory provisions"). 35. ^35 47 C.F.R. 54.401(b). 36. ^36 The Lifeline program refers to the FCC's efforts to expand telephone services to qualifying low-income subscribers. The agency defines Lifeline services to include single-party service, voice-grade access to the public switched telephone network, BTMF or its functional digital equivalent, access to directory assistance, and toll-limitation services. See Order 390. 37. ^37 "[N]othing in this subchapter shall be construed
• http://www.fcc.gov/transaction/citizens-global/DA-01-961A1.pdf http://www.fcc.gov/transaction/citizens-global/DA-01-961A1.txt
  • CC Docket No. 98-25, Memorandum Opinion and Order, 13 FCC Rcd 21292 at 21306, paras. 28-29 (1998). Additionally, we note that Choice One has addressed a number of these issues in state proceedings. 28 Lifeline is a retail local service offering that is available only to qualifying low income consumers for which the consumers pay reduced charges. 47 C.F.R. � 54.401. 29 PULP Nov. 20 Ex Parte Letter at 1. 30 Id. at 2. 31 See 47 C.F.R. �� 54.401(d), 54.409(a). 32 Joint Petition of Global Crossing and Citizens Communications Company for approval of the transfer of capital stock of their New York ILECs (Frontier of Rochester, Ausable Valley, Sylvan Lake, and Seneca Gorham) and Frontier subsidiary, Telco Inc. to Citizens