FCC Web Documents citing 54.405

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
  • 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 asking if
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  • use. See 47 C.F.R. § 54.101(a)(2). See RCC Holdings Petition at 5. Id. See Alabama Rural LECs Comments at 13-14. See generally Declaratory Ruling. 47 U.S.C. § 214(e)(1)(A). RCC Holdings Petition at 8. 47 U.S.C. § 214(e)(1)(B). RCC Holdings Petition at 9. See Alabama Rural LECs Comments at 15-16. See Alabama Rural LECs Comments at 15-16. See 47 C.F.R. §§ 54.405(b) and 54.411(d). See Twelfth Report and Order, 15 FCC Rcd at 12249-50, paras. 76-80. See Western Wireless Pine Ridge Order, 16 FCC Rcd at 18137, para. 10. See 47 U.S.C. § 214(e)(6). According to the Joint Explanatory Statement, the purpose of the 1996 Act is ``to provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly the private
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  • Rcd at 11322, para. 200. See Cellular South Petition, Exhibit B. See Declaratory Ruling, 15 FCC Rcd at 15174, para. 15. See also 47 U.S.C. § 254(e). 47 U.S.C. § 214(e)(1)(A). Cellular South Petition at 8, Exhibit B. 47 U.S.C. § 214(e)(1)(B). Cellular South Petition at 9. See Alabama Rural LECs Comments at 13-14. See id. See 47 C.F.R. §§ 54.405(b) and 54.411(d). See Twelfth Report and Order, 15 FCC Rcd at 12249-50, paras. 76-80. See Western Wireless Pine Ridge Order, 16 FCC Rcd at 18137, para. 10. See 47 U.S.C. § 214(e)(6). See Cellular Telecommunications & Internet Association (CTIA) Comments at 4. According to the Joint Explanatory Statement, the purpose of the 1996 Act is ``to provide for a pro-competitive,
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  • No. 200432170001 FRN: 0007838568 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 24, 2004 Released: May 24, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pend Oreille Telephone Company (``Pend Oreille'') apparently violated section 214(e)(1)(B) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.405(b) and 54.411(d) of the Commission's rules, by willfully and repeatedly failing to publicize the availability of Lifeline and Link-Up services ``in a manner reasonably designed to reach those likely to qualify'' for the services. Specifically, Pend Oreille failed to advertise Lifeline or Link-Up to low-income residents on tribal lands within its service territory. Based upon our review of the facts
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  • by the federal universal service mechanism. As noted in its petition, Nextel is authorized to provide cellular radiotelephone service in the 800 MHz band. Nextel certifies that it now provides or will provide throughout its designated service area the services and functionalities enumerated in section 54.101(a) of the Commission's rules. Nextel has also certified that, in compliance with rule section 54.405, it will make available and advertise Lifeline service to qualifying low-income consumers. Furthermore, Nextel has committed to commitments that closely track those set forth in the Virginia Cellular Order and Highland Cellular Order, including: (1) annual reporting of progress towards build-out plans, unfulfilled service requests, and complaints per 1,000 handsets; (2) specific commitments to provide service to requesting customers in
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  • universal service mechanism. As noted in its petitions, ALLTEL is authorized to provide cellular radiotelephone service in Alabama, Florida, Georgia, North Carolina, and Virginia. ALLTEL certifies that it now provides or will provide throughout its designated service area the services and functionalities enumerated in section 54.101(a) of the Commission's rules. ALLTEL has also certified that, in compliance with rule section 54.405, it will make available and advertise Lifeline service to qualifying low-income consumers. Furthermore, ALLTEL made commitments that closely track those set forth in the Virginia Cellular Order and the Highland Cellular Order, including: (1) annual reporting of progress towards buildout plans, unfulfilled service requests, and complaints per 1,000 handsets; (2) specific commitments to provide service to requesting customers in the
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  • assess a forfeiture of $20,000 against Pend Oreille Telephone Company (``Pend Oreille'') for willful and repeated violations of the Communications Act of 1934, as amended (``the Act''), and the Federal Communications Commission's (``Commission'' or ``FCC'') rules and orders. For the reasons set forth below, we find that Pend Oreille willfully and repeatedly violated Section 214(e)(1)(B) of the Act, and Sections 54.405(b) and 54.411(d) of the Commission's rules, by willfully and repeatedly failing to publicize the availability of Lifeline and Link-Up services ``in a manner reasonably designed to reach those likely to qualify'' for the services. II. Background The facts and circumstances surrounding this case are set forth in the Notice of Apparent Liability previously issued by the Enforcement Bureau (``Bureau'') and
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  • Cellular Petition at 6-8; Exhibits C and D. See id. 47 U.S.C. § 214(e)(6). Advantage Cellular Petition at 5; Exhibit E, Declaration of Wayne Gassaway, General Manager and Authorized Representative, Advantage Cellular (executed April 21, 2003) (Advantage Cellular Declaration). See id. See Advantage Cellular Petition at 5 & Exhibit E; Advantage Cellular February 17, 2004 at 4; 47 C.F.R. § 54.405. We note that ETCs must comply with state requirements in states that have Lifeline programs. See Lifeline and Link-Up, Report and Order and Further Notice of Proposed Rulemaking, WC Docket No. 03-109, 19 FCC Rcd 8302, 8320 at para. 29 (2003). Advantage Cellular has provided detailed information on how it will use universal service support to expand its CMRS coverage
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  • November 22, 2004 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Qwest Corporation, Inc. (``Qwest''). The Consent Decree terminates an investigation initiated by the Enforcement Bureau regarding whether Qwest was in compliance with section 214(e)(1)(B) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.405(b) and 54.411(d) of the Commission's rules, as it relates to the duty to publicize Lifeline and Link-Up programs to low-income residents on tribal lands. The Enforcement Bureau and Qwest have negotiated the terms of a Consent Decree that would resolve this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. After
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  • Sprint is authorized to provide broadband personal communications service in the relevant portions of Alabama, Florida, Georgia, New York, North Carolina, Tennessee and Virginia. Sprint certifies that it now provides or will provide throughout its designated service area the services and functionalities enumerated in section 54.101(a) of the Commission's rules. Sprint has also certified that, in compliance with rule section 54.405, it will make available and advertise Lifeline service to qualifying low-income consumers. Furthermore, Sprint has made commitments that closely track those set forth in the Virginia Cellular Order and the Highland Cellular Order, including: (1) annual reporting of progress towards buildout plans, unfulfilled service requests, and complaints per 1,000 handsets; (2) specific commitments to provide service to requesting customers in
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  • offer upon designation as an ETC, the services supported by the federal universal service mechanism. NTELOS is authorized to provide PCS service in Virginia. NTELOS certifies that it now provides or will provide throughout its designated service area the services and functionalities enumerated in section 54.101(a) of the Commission's rules. NTELOS has also certified that, in compliance with rule section 54.405, it will make available and advertise Lifeline service to qualifying low-income consumers. Furthermore, NTELOS made commitments that closely track those set forth in the Virginia Cellular Order and the Highland Cellular Order, including: (1) annual reporting of progress towards buildout plans, unfulfilled service requests, and complaints per 1,000 handsets; (2) specific commitments to provide service to requesting customers in the
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  • services supported by the federal universal service mechanism. RCC is authorized to provide CMRS service throughout the majority of the state of New Hampshire. RCC certifies that it now provides or will provide throughout its designated service area the services and functionalities enumerated in section 54.101(a) of the Commission's rules. RCC has also certified that, in compliance with rule section 54.405, it will make available and advertise Lifeline service to qualifying low-income consumers. Specifically, RCC will advertise the availability of Lifeline and Link-Up benefits throughout its service area by advertising and reaching out to community health, welfare, and employment offices to provide information to those people most likely to qualify for Lifeline and Link-Up benefits. Furthermore, RCC has committed to comply
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  • November 17, 2005 Released: November 22, 2005 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and CenturyTel, Inc. (``CenturyTel''). The Consent Decree terminates an investigation initiated by the Enforcement Bureau regarding CenturyTel's compliance with section 214(e)(1)(B) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.405(b) and 54.411(d) of the Commission's rules, as it relates to the duty to publicize Lifeline and Link-Up programs to low-income residents on tribal lands. The Enforcement Bureau and CenturyTel have negotiated the terms of a Consent Decree that would resolve this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. After
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  • the enhancement of tribal communities' access to telecommunications services consistent with its obligations under the Act to preserve and advance universal service, and its obligations under the historic federal trust relationship between the federal government and federally-recognized Indian tribes to encourage tribal sovereignty and self-governance. Id. at 12222, para. 23, 12222-24, para. 26. Id. at 12228-12251. See 47 C.F.R. §§ 54.405(a)(4), 54.411(a)(3). 47 C.F.R. § 54.405(a)(4). 47 C.F.R. § 54.411(a)(3). The Link-Up program provides other eligible telephone subscribers a discount of up to $30.00 off the initial cost of installing telephone service. 47 C.F.R. § 54.411(a)(1). 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
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  • the federal universal service mechanism. Corr is authorized to provide CMRS in the service areas of Alabama for which it seeks ETC designation. Corr certifies that it now provides or will provide throughout its designated service area the services and functionalities enumerated in rule section 54.101(a) of the Commission's rules. Corr has also certified that, in compliance with rule section 54.405, it will make available and advertise Lifeline service to qualifying low-income consumers. Specifically, Corr will advertise the availability of Lifeline and Link-Up benefits throughout its service area by advertising and reaching out to local unemployment, social security, and welfare offices to provide information to those people most likely to qualify for Lifeline and Link-Up benefits. Furthermore, Corr has committed to
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  • authority under sections 1, 4(i), 201, and 205 of the Act. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 8952-53, para. 329 (1997) (1997 Universal Service Order); 47 U.S.C. §§ 151, 154(i), 201, 205. See Lifeline and Link-Up Report and Order, 19 FCC Rcd at 8308, para. 10. Currently, sections 54.405 and 54.411 of the Commission's rules require all eligible telecommunications carriers (ETCs) to publicize the availability of Lifeline and Link-Up in a manner reasonably designed to reach those likely to qualify for the service. 47 C.F.R. §§ 54.405(b), 54.411(d). 47 C.F.R. §§ 1.1200 et seq. See 47 C.F.R. § 1.1206(b)(2). 47 C.F.R. § 1.1206(b). PUBLIC NOTICE Federal Communications Commission 445
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  • 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 827 and FCC 829
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  • the federal universal service mechanisms. SBI is authorized to provide CMRS in the service areas of the Reservation for which it seeks ETC designation. SBI certifies that it now provides or will provide throughout its designated service area the services and functionalities enumerated in section 54.101(a) of the Commission's rules. SBI has also certified that, in compliance with rule section 54.405, it will make available and advertise Lifeline service to qualifying low-income consumers. We point out that SBI is required to, and has committed to, offer and advertise enhanced Lifeline and Link-up services on tribal lands. SBI has also committed to serving unserved or underserved areas. SBI committed to comply with the commitments set forth in the Virginia Cellular Order and
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  • 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 the requirements for participation in the Schools
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  • 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 and
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  • 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 Documents
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  • taking Lifeline was one percent or .01. Thereafter, ETCs use actual figures to determine the percentage of subscribers inappropriately taking Lifeline. Id. Under the terms of the Lifeline Order, companies may calculate their sample sizes directly by using the formulas set out in footnote 2 of Appendix J. Id. Lifeline Order, at 8316, para. 21; see also 47 C.F.R. §§ 54.405(c), (d). Lifeline Order, at 8316, para. 21. Id. at 8316, para. 22; see also 47 C.F.R. §§ 54.405(c), (d). Lifeline Order, at 8316-17, para. 22; see also 47 C.F.R. §§ 54.405(d), 54.410(c). Lifeline Order, at 8317, para. 22. Federal-State Joint Board on Universal Service Lifeline and Link-Up, WC Docket No. 03-109, Report and Order and Further Notice of Proposed Rulemaking,
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  • taking Lifeline was one percent or .01. Thereafter, ETCs use actual figures to determine the percentage of subscribers inappropriately taking Lifeline. Id. Under the terms of the Lifeline Order, companies may calculate their sample sizes directly by using the formulas set out in footnote 2 of Appendix J. Id. Lifeline Order, at 8316, para. 21; see also 47 C.F.R. §§ 54.405(c), (d). Lifeline Order, at 8316, para. 21. Id. at 8316, para. 22; see also 47 C.F.R. §§ 54.405(c), (d). Lifeline Order, at 8316-17, para. 22; see also 47 C.F.R. §§ 54.405(d), 54.410(c). Lifeline Order, at 8317, para. 22. See 47 C.F.R. §§ 54.409, 54.410; see also Lifeline and Link-Up, Petitions for Declaratory Ruling and Requests for Waiver by US Cellular
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  • South Dakota Commission Comments at 2. Standing Rock ETC Petition at 11-14; see 47 C.F.R. § 54.101. Standing Rock ETC Petition at 15 and Exh. III; see 47 U.S.C. § 214(e)(1)(A); 47 C.F.R. § 54.201(d)(1). Standing Rock ETC Petition at 15-16; see 47 U.S.C. § 214(e)(1)(B); 47 C.F.R. § 54.201(d)(2). Standing Rock ETC Petition at 16; see 47 C.F.R. §§ 54.405(b), 54.411(d). Standing Rock ETC Petition at 19; see 47 C.F.R. § 54.202(a)(1)(i). Standing Rock ETC Petition Exhs. VIII, XI (confidential); see 47 C.F.R. § 54.202(a)(1)(ii). Standing Rock ETC Petition at 22-23; see 47 C.F.R. § 54.202(a)(2). ); see 47 C.F.R. § 54.202(a)(3). Standing Rock ETC Petition at 13, 23; see 47 C.F.R. § 54.202(a)(4). Standing Rock ETC Petition at 23;
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  • the Commission conducts a creamskimming analysis to compare the population density of the wire centers in which the ETC applicant seeks designation against that of the wire centers in the study area in which the ETC applicant does not seek designation. ETC Designation Order, 20 FCC Rcd at 6392-95, paras. 48-53. (last visited Dec. 15, 2010). See 47 C.F.R. § 54.405(a)(4). See Virgin Mobile USA, L.P. Petition for Forbearance from 47 U.S.C. § 214(e)(1)(A); Petitions for Designation as an Eligible Telecommunications Carrier in the States of New York, North Carolina, Pennsylvania, Tennessee and Virginia, CC Docket No. 96-45, Order, 24 FCC Rcd 3381 (2009) (Virgin Mobile Forbearance/ETC Order). Id. at 3395, para. 39. Id. at 3386, para. 12. Id. at 3390-91,
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  • from the ETCs, USAC will, if necessary, re-compare the Track 2-B lists and generate updated lists of duplicates with inter-provider address matches. USAC will then report the summary results of this analysis to the Wireline Competition Bureau. All ETCs will continue to provide Lifeline-supported service to both Track 1 and Track 2 subscribers until notified by USAC, pursuant to section 54.405 of the Commission's rules, as amended, to de-enroll certain subscribers, and shall be reimbursed for the Lifeline benefits provided to subscribers up until the date of de-enrollment, subject to normal adjustments, recoveries for bad, uncorrected data and intra-company duplicates (same name, same address within one ETC's records), and other reporting requirements. USAC shall recover support for any subscriber for which
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  • 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 asking if
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1986A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1986A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1986A1.txt
  • 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 duplicate subscribers
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  • supported services. Moreover, requiring ETCs to separately identify each supported service, including services like ``dual-tone multi-frequency signaling or its functional equivalent'' would likely serve little purpose other than to cause confusion for at least some consumers. Please note that while this letter confirms that section 54.201(d)(2) of the Commission's rules does not require ETCs to separately identify supported services, section 54.405(b) of the Commission's rules does impose a separate duty to publicize the availability of Lifeline services. Nothing in this letter addresses the separate obligations imposed by section 54.405(b) for Lifeline services. If you have any questions regarding this letter, please do not hesitate to contact me at 202-418-1500. Sincerely, Sharon E. Gillett Chief Wireline Competition Bureau 47 C.F.R. § 54.201(d)(2).
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  • taking Lifeline was one percent or .01. Thereafter, ETCs use actual figures to determine the percentage of subscribers inappropriately taking Lifeline. Id. Under the terms of the Lifeline Order, companies may calculate their sample sizes directly by using the formulas set out in footnote 2 of Appendix J. Id. Lifeline Order, at 8316, para. 21; see also 47 C.F.R. §§ 54.405(c), (d). Lifeline Order, at 8316, para. 21. Id. at 8316, para. 22; see also 47 C.F.R. §§ 54.405(c), (d). Lifeline Order, at 8316-17, para. 22; see also 47 C.F.R. §§ 54.405(d), 54.410(c). Lifeline Order, at 8317, para. 22. See 47 C.F.R. §§ 54.409, 54.410; see also Lifeline and Link-Up, Petitions for Declaratory Ruling and Requests for Waiver by US Cellular
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  • at 12 & Exh. A; see 47 U.S.C. § 214(e)(1)(A); 47 C.F.R. § 54.201(d)(1). Oglala Sioux Tribe Comments at 3. See AT&T Mobility Petition at 2. AT&T Mobility Petition at 12-13; see 47 U.S.C. § 214(e)(1)(B); 47 C.F.R. § 54.201(d)(2). Oglala Sioux Tribe Reply Comments at 3-4. See infra para. 24. AT&T Mobility Petition at 13; see 47 C.F.R. §§ 54.405(b), 54.411(d). AT&T Mobility Petition at 13; see 47 C.F.R. § 54.202(a)(1)(i). AT&T Mobility Petition at 14; see supra para. 8 (AT&T commits to build a 3G HSPA broadband wireless network on the Reservation and transition the divestiture CDMA network subscribers living within the boundaries of the Reservation to the 3G HSPA network within 12 months of the closing of the
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  • 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 Recordkeeping Requirements 54.420(b) Audit Requirements for New ETCs 54.422 Annual Reporting Requirements These rules, with the exception of
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  • same antennae, cell sites, towers, trunking, mobile switching and interconnection facilities used to serve its existing customers). See 47 U.S.C. § 214(e)(1)(B); Section 214(e)(6) Public Notice, 12 FCC Rcd at 22949, para. 4. See Amended i-wireless ETC Petition at 18-19; Amended Cricket ETC Petition at 6. See id. See Lifeline Reform Order, FCC 12-11 at paras. 274-77; 47 C.F.R. § 54.405. See Amended i-wireless ETC Petition at 18; Amended Cricket ETC Petition at 6. See Section 214(e)(6) Public Notice, 12 FCC Rcd at 22949, para. 5. See Amended i-wireless Petition at Exhibit L. See Amended Cricket ETC Petition at Exhibits 1-6; see also Cricket Forbearance Order, 26 FCC Rcd at 13723-24, para. 2 (granting Cricket forbearance from the requirement that its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-213585A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-213585A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-213585A2.txt
  • 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. 99-249, Eleventh Report and Order in CC Docket No. 96-45, FCC 00-193, at paras. 218-220 (rel. May 31, 2000) (Interstate Access Universal Service Order). See 47 C.F.R. § 254(d). . See 47 C.F.R. § 54.405 (obligating eligible telecommunications carrier to offer Lifeline services). As discussed above, price cap LECs already are prohibited from recovering universal service contributions from Lifeline customers. See supra discussion at n. 5. See Universal Service Remand Order, 15 FCC Rcd at 1693, para. 33. See Access Charge Reform, Sixth Report and Order in CC Docket No. 96-262 and 94-1, Report and
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  • report annual low-income support payments for years 1988 through 2004. Table 2.3 reports Lifeline monthly support by state or jurisdiction for both federal and state support as of March 2004, and indicates the additional contribution from the federal program to reduce local rates where states have authorized statewide or carrier-specific intrastate 22 47 C.F.R. § 54.403(c). 23 47 C.F.R. §§ 54.405(b), 54.411(d). See also Twelfth Report and Order, 15 FCC Rcd at 12250, para.78 (amending sections 54.405 and 54.411 of the Commission's rules). 24 1997 Universal Service Order, 12 FCC Rcd 8776, 9218 at para. 869; See Common Carrier Bureau Seeks Comment on Program to Monitor Impacts of Universal Service Support Mechanisms, Public Notice, CC Docket No. 96-45, DA 98-580, IAD
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262986A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262986A4.txt
  • report annual low-income support payments for years 1988 through 2004. Table 2.3 reports Lifeline monthly support by state or jurisdiction for both federal and state support as of March 2004, and indicates the additional contribution from the federal program to reduce local rates where states have authorized statewide or carrier-specific intrastate 22 47 C.F.R. § 54.403(c). 23 47 C.F.R. §§ 54.405(b), 54.411(d). See also Twelfth Report and Order, 15 FCC Rcd at 12250, para.78 (amending sections 54.405 and 54.411 of the Commission's rules). 24 1997 Universal Service Order, 12 FCC Rcd 8776, 9218 at para. 869; See Common Carrier Bureau Seeks Comment on Program to Monitor Impacts of Universal Service Support Mechanisms, Public Notice, CC Docket No. 96-45, DA 98-580, IAD
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A1.txt
  • Link Up are required to publicize the availability of those programs using media of general distribution "in a manner reasonably designed to reach those most likely to qualify for support." 23 18 47 C.F.R. § 54.403(a)(3). 19 47 C.F.R. § 54.411(a)(1). 20 47 C.F.R. § 54.411(a)(2). 21 47 C.F.R. § 54.411(a)(3). 22 47 C.F.R. § 54.403(c). 23 47 C.F.R. §§ 54.405(b), 54.411(d). See also Twelfth Report and Order, 15 FCC Rcd at 12250, 2 - 5 Support Mechanism The federal portion of the program is funded by the federal universal service support mechanisms, which include contributions from providers of interstate and international telecommunications, including payphone aggregators and private network operators that offer service to others for a fee on a non-
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A4.txt
  • Link Up are required to publicize the availability of those programs using media of general distribution "in a manner reasonably designed to reach those most likely to qualify for support." 23 18 47 C.F.R. § 54.403(a)(3). 19 47 C.F.R. § 54.411(a)(1). 20 47 C.F.R. § 54.411(a)(2). 21 47 C.F.R. § 54.411(a)(3). 22 47 C.F.R. § 54.403(c). 23 47 C.F.R. §§ 54.405(b), 54.411(d). See also Twelfth Report and Order, 15 FCC Rcd at 12250, 2 - 5 Support Mechanism The federal portion of the program is funded by the federal universal service support mechanisms, which include contributions from providers of interstate and international telecommunications, including payphone aggregators and private network operators that offer service to others for a fee on a non-
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  • 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. § 54.405: Carrier obligation to offer lifeline,: Link
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  • data include the carrier's incremental cost of providing toll- limitation services (TLS) in each state or jurisdiction. Table 2.5 reports total Lifeline, Link Up, and TLS payments for each study area by state or jurisdiction for years 2005 and 2006. American Indian and Native American tribal Lifeline Tier 4 and Link Up data are also reported. 23 47 C.F.R. §§ 54.405(b), 54.411(d). See also Twelfth Report and Order, 15 FCC Rcd at 12250, para.78 (amending sections 54.405 and 54.411 of the Commission's rules). 24 1997 Universal Service Order, 12 FCC Rcd 8776, 9218 at para. 869; See Common Carrier Bureau Seeks Comment on Program to Monitor Impacts of Universal Service Support Mechanisms, CC Docket No. 96-45, Public Notice, DA 98-580, IAD
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A4.txt
  • data include the carrier's incremental cost of providing toll- limitation services (TLS) in each state or jurisdiction. Table 2.5 reports total Lifeline, Link Up, and TLS payments for each study area by state or jurisdiction for years 2005 and 2006. American Indian and Native American tribal Lifeline Tier 4 and Link Up data are also reported. 23 47 C.F.R. §§ 54.405(b), 54.411(d). See also Twelfth Report and Order, 15 FCC Rcd at 12250, para.78 (amending sections 54.405 and 54.411 of the Commission's rules). 24 1997 Universal Service Order, 12 FCC Rcd 8776, 9218 at para. 869; See Common Carrier Bureau Seeks Comment on Program to Monitor Impacts of Universal Service Support Mechanisms, CC Docket No. 96-45, Public Notice, DA 98-580, IAD
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287688A1.pdf
  • Link Up are required to publicize the availability of those programs using media of general distribution "in a manner reasonably designed to reach those most likely to qualify for support." 23 18 47 C.F.R. § 54.403(a)(3). 19 47 C.F.R. § 54.411(a)(1). 20 47 C.F.R. § 54.411(a)(2). 21 47 C.F.R. § 54.411(a)(3). 22 47 C.F.R. § 54.403(c). 23 47 C.F.R. §§ 54.405(b), 54.411(d). See also Twelfth Report and Order, 15 FCC Rcd at 12250, para.78 (amending sections 54.405 and 54.411 of the Commission's rules). 2 - 5 Support Mechanism The federal portion of the program is funded by the federal universal service support mechanisms, which include contributions from providers of interstate and international telecommunications, including payphone aggregators and private network operators that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287688A4.pdf
  • Link Up are required to publicize the availability of those programs using media of general distribution "in a manner reasonably designed to reach those most likely to qualify for support." 23 18 47 C.F.R. § 54.403(a)(3). 19 47 C.F.R. § 54.411(a)(1). 20 47 C.F.R. § 54.411(a)(2). 21 47 C.F.R. § 54.411(a)(3). 22 47 C.F.R. § 54.403(c). 23 47 C.F.R. §§ 54.405(b), 54.411(d). See also Twelfth Report and Order, 15 FCC Rcd at 12250, para.78 (amending sections 54.405 and 54.411 of the Commission's rules). 2 - 5 Support Mechanism The federal portion of the program is funded by the federal universal service support mechanisms, which include contributions from providers of interstate and international telecommunications, including payphone aggregators and private network operators that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295442A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295442A1.txt
  • Link Up are required to publicize the availability of those programs using media of general distribution "in a manner reasonably designed to reach those most likely to qualify for support." 23 18 47 C.F.R. § 54.403(a)(3). 19 47 C.F.R. § 54.411(a)(1). 20 47 C.F.R. § 54.411(a)(2). 21 47 C.F.R. § 54.411(a)(3). 22 47 C.F.R. § 54.403(c). 23 47 C.F.R. §§ 54.405(b), 54.411(d). See also Twelfth Report and Order, 15 FCC Rcd at 12250, para.78 (amending sections 54.405 and 54.411 of the Commission's rules). 2 - 5 Support Mechanism The federal portion of the program is funded by the federal universal service support mechanisms, which include contributions from providers of interstate and international telecommunications, including payphone aggregators and private network operators that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295442A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295442A4.txt
  • Link Up are required to publicize the availability of those programs using media of general distribution "in a manner reasonably designed to reach those most likely to qualify for support." 23 18 47 C.F.R. § 54.403(a)(3). 19 47 C.F.R. § 54.411(a)(1). 20 47 C.F.R. § 54.411(a)(2). 21 47 C.F.R. § 54.411(a)(3). 22 47 C.F.R. § 54.403(c). 23 47 C.F.R. §§ 54.405(b), 54.411(d). See also Twelfth Report and Order, 15 FCC Rcd at 12250, para.78 (amending sections 54.405 and 54.411 of the Commission's rules). 2 - 5 Support Mechanism The federal portion of the program is funded by the federal universal service support mechanisms, which include contributions from providers of interstate and international telecommunications, including payphone aggregators and private network operators that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303886A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303886A1.txt
  • Link Up are required to publicize the availability of those programs using media of general distribution "in a manner reasonably designed to reach those most likely to qualify for support." 23 18 47 C.F.R. § 54.403(a)(3). 19 47 C.F.R. § 54.411(a)(1). 20 47 C.F.R. § 54.411(a)(2). 21 47 C.F.R. § 54.411(a)(3). 22 47 C.F.R. § 54.403(c). 23 47 C.F.R. §§ 54.405(b), 54.411(d). See also Twelfth Report and Order, 15 FCC Rcd at 12250, para.78 (amending sections 54.405 and 54.411 of the Commission's rules). 2 - 5 Support Mechanism The federal portion of the program is funded by the federal universal service support mechanisms, which include contributions from providers of interstate and international telecommunications, including payphone aggregators and private network operators that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303886A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303886A4.txt
  • Link Up are required to publicize the availability of those programs using media of general distribution "in a manner reasonably designed to reach those most likely to qualify for support." 23 18 47 C.F.R. § 54.403(a)(3). 19 47 C.F.R. § 54.411(a)(1). 20 47 C.F.R. § 54.411(a)(2). 21 47 C.F.R. § 54.411(a)(3). 22 47 C.F.R. § 54.403(c). 23 47 C.F.R. §§ 54.405(b), 54.411(d). See also Twelfth Report and Order, 15 FCC Rcd at 12250, para.78 (amending sections 54.405 and 54.411 of the Commission's rules). 2 - 5 Support Mechanism The federal portion of the program is funded by the federal universal service support mechanisms, which include contributions from providers of interstate and international telecommunications, including payphone aggregators and private network operators that
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  • related to income.'' Section 54.410(d), under paragraph (3), replace the second number ``(ii)'' with ``(iii)'' and renumber the remaining paragraphs as ``(iv)''through``(ix)''. Section 54.412, in paragraph (a) replace 54.400(c) with ``54.400(e)'' and in paragraph (b), delete ``and must be filed pursuant to the Commission's rules''. Section 54.416, under paragraph (a), delete paragraph (3). Section 54.417, in paragraph (c), delete ``(e), 54.405(f)''. Section 54.420(a), change paragraph (5) to read as follows: ``Delegated Authority. The Wireline Competition Bureau and the Office of Managing Director have delegated authority to perform the functions specified in paragraphs (a)(2) and (a)(3) of this section.'' Section 54.422 is corrected to read as follows: ``(a) In order to receive support under this subpart, an eligible telecommunications carrier must annually
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  • and to adequately explain the Lifeline program and toll blocking options. UUI would take the position that a lack of information does ... contribute to the significantly low penetration rates on tribal lands. We commend these efforts and encourage other carriers to undertake similar efforts to comply with the rule amendments that we adopt in this Order. We amend sections 54.405 and 54.411 of our rules, as reflected in Appendix A of this Order, to require eligible telecommunications carriers to publicize the availability of Lifeline and Link Up services in a manner reasonably designed to reach those likely to qualify for those services. We emphasize that these rule amendments shall apply to all eligible telecommunications carriers and not merely to those
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  • 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. 99-249, Eleventh Report and Order in CC Docket No. 96-45, FCC 00-193, at paras. 218-220 (rel. May 31, 2000) (Interstate Access Universal Service Order). See 47 C.F.R. § 254(d). . See 47 C.F.R. § 54.405 (obligating eligible telecommunications carrier to offer Lifeline services). As discussed above, price cap LECs already are prohibited from recovering universal service contributions from Lifeline customers. See supra discussion at n. 5. See Universal Service Remand Order, 15 FCC Rcd at 1693, para. 33. See Access Charge Reform, Sixth Report and Order in CC Docket No. 96-262 and 94-1, Report and
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  • at 31-33; TDI Comments at 14-15. 47 C.F.R. § 64.604(c)(3) Public Access to Information. See, e.g., Improved TRS FNPRM at ¶ 104. We note that some providers currently submit some limited advertising costs to NECA, the interstate TRS Fund administrator, as part of their TRS operating expenses on which the per minute TRS reimbursement rate is based. 47 C.F.R. § 54.405(b). Improved TRS FNPRM at ¶¶ 134-136. See, e.g., Maryland Comments at 13; NAD/CAN Reply Comments at 12; TDI Reply Comments at 15. 47 U.S.C. § 225(d)(3)(B); 47 C.F.R. § 64.604(c)(5)(i-ii), (iii)(A-B). 47 C.F.R. § 64.604(c)(5)(iii)(E). 47 U.S.C. § 225(d)(3). 47 U.S.C. § 225(b)(1). Section 225 requires common carriers providing telephone voice transmission services to provide TRS throughout the areas they
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  • 15 FCC Rcd at 12213-14, para. 5. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Recommended Decision, FCC 03J-2, paras. 15-19 (rel. Apr. 2, 2003) (Recommended Decision). Twelfth Report and Order and Further Notice, 15 FCC Rcd at 12245, para. 68. See infra Appendix A, § 54.409 (c). See 47 C.F.R. § 54.409(c). See 47 C.F.R. §§ 54.405 and 54.411. Twelfth Report and Order and Further Notice, 15 FCC Rcd at 12277, paras. 151-152. Twelfth Report and Order and Further Notice, 15 FCC Rcd at 12265, para. 114. Twelfth Report and Order and Further Notice, 15 FCC Rcd at 12267, para. 121. The following parties filed comments in response to this Further Notice: California Public Utilities Commission (California
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  • Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 8952-53, para. 329 (1997) (1997 Universal Service Order); 47 U.S.C. §§ 151, 154(i), 201, 205. See 47 U.S.C. § 254(b)(3). See 47 U.S.C. § 254(b)(6). See 47 C.F.R. § 54.401(a)(2); 1997 Universal Service Order, 12 FCC Rcd at 8957, para. 341. See 47 C.F.R. § 54.411(a)(1). See 47 C.F.R. §§ 54.405(a)(4), 54.411(a)(3). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, 15 FCC Rcd 25257 (2000) (Referral Order). Referral Order, 15 FCC Rcd at 25257. See Federal-State Joint Board on Universal Service Seeks Comment on Review of Lifeline and Link-Up Service for All Low-Income Consumers, CC-Docket 96-45, Public Notice, 16 FCC Rcd 18407 (2001) (Public Notice). See id.
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  • allow the completion of outgoing toll calls from their telecommunications channel. 47 C.F.R. § 54.400(b). ``Toll control'' is a service provided 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
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  • collect a service deposit in order to initiate Lifeline service, if the qualifying low-income consumer voluntarily elects toll limitation service from the carrier, where available. If toll limitation services are unavailable, the carrier may charge a service deposit. * * * (e) Consistent with § 52.33(a)(1)(i)(C), eligible telecommunications carriers may not charge Lifeline customers a monthly number-portability charge. Amend § 54.405 by adding paragraphs (c) and (d) to read as follows: § 54.405 Carrier obligation to offer Lifeline. All eligible telecommunications carriers shall: (a) * * * (b) * * * (c) Notify Lifeline subscribers of impending termination of Lifeline service if the carrier has a reasonable basis to believe that the subscriber no longer meets the Lifeline-qualifying criteria, as described
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  • allow the completion of outgoing toll calls from their telecommunications channel. 47 C.F.R. § 54.400(b). ``Toll control'' is a service provided 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
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  • 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 if all relevant state regulatory authorities approve such a reduction. (All fifty states have approved this
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  • 47 U.S.C. § 160(a). 47 U.S.C. § 160(a)(1). See 47 U.S.C. § 214(e). 47 U.S.C. § 160(a)(2). Service offerings pursuant to this special relief remain subject to Commission oversight for the duration of the offering. This special temporary ETC status applies only to the special Lifeline support adopted herein, and not to the Link-Up support. See, e.g., 47 C.F.R. § 54.405(b) (advertising supported services). A signed letter with these certifications will suffice. We note that the Commission's OIG may work with the Administrator to implement these audits using, for example, auditors working under contract. See note 3, supra. See para. 31, infra. On November 17, 2003, the Commission clarified that nonprofit entities that function as rural health care providers on a
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  • the South Dakota Public Utilities Commission, Declaratory Ruling, CC Docket No. 96-45, 15 FCC Rcd 15168, 15172-75, paras. 10-18 (2000), recon. 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
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  • program is a universal service support mechanism designed to ensure that quality telecommunications services are available to low-income consumers at just, reasonable, and affordable rates. See 47 U.S.C. § 254(b)(1). Generally, enhanced Lifeline and Link-Up support provides qualifying low-income consumers living on Tribal lands additional discounts off the monthly cost of telephone service and telephone installation. See 47 C.F.R. §§ 54.405(a)(4), 54.411(a)(3). See Letter from David LaFuria, Smith Bagley, Inc., to Marlene H. Dortch, Federal Communications Commission, dated November 15, 2004 (Waiver Petition). See also 47 C.F.R. § 54.400(e). In its original petition for waiver, filed March 19, 2004, SBI asked the Commission to waive its rules concerning ``near reservation lands'' so that residents of the Eastern Navajo Agency would be
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  • New York, CC Docket No. 96-45, Comments of TDS Telecommunications Corp., at 9-11 (filed July 26, 2004). We find that the prepaid nature of TracFone's service offering works as an effective toll control. See infra para. 15. Forbearance Order, 20 FCC Rcd at 15098, para. 6. 47 U.S.C. § 214(e)(1)(B); see, e.g., New York Petition at 8. 47 C.F.R. § 54.405(b); see, e.g., Petitions for Designation as an Eligible Telecommunications Carrier in the State of Connecticut and the Commonwealth of Massachusetts, CC Docket No. 96-45, Reply Comments of TracFone Wireless, Inc., at 10 (filed Dec. 29, 2004). See supra para. 5. ETC Designation Order, 20 FCC Rcd at 6380, para. 20; 47 C.F.R. §§ 54.202(a), 54.209. For example, TracFone has committed
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  • in Maine which we exclude are Fryeburg and North Fryeburg. 47 C.F.R. § 214(e)(1)(A); 47 C.F.R. § 54.201(d)(1); 47 C.F.R. § 54.101(a) (listing the services supported by the federal universal service mechanisms); see generally Petitions. 47 C.F.R. § 214(e)(1)(A); 47 C.F.R. § 54.201(d)(1); see generally Petitions. 47 U.S.C. § 214(e)(1)(B); 47 C.F.R. § 54.201(d)(2); see generally Petitions. 47 C.F.R. §§ 54.405, 54.411. See supra para. 5. ETC Designation Order, 20 FCC Rcd at 6380, para. 20; 47 C.F.R. §§ 54.202(a), 54.209; see generally Petitions. For example, Petitioners have committed to comply with the Consumer Code for Wireless Service of the Cellular Telecommunications Industry Association (CTIA). See generally Petitions. See generally Petitions. As noted in the PSC Alabama Order, the mobility of
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  • Internet access service subscription or broadband Internet access device. ETC Obligation to Offer Pilot Program Services. Prior to participation, ETCs must notify the Commission and USAC of their intention to participate. A participating ETC must offer the services and supported devices to all qualifying low-income consumers throughout its service areas. It must also follow the carrier obligations identified in section 54.405, as applicable, of the Commission's rules. Consumers and ETCs must follow the framework and requirements of the existing Lifeline and Link Up program. Implementation and Reporting Requirements To be eligible for support, ETCs must submit a reimbursement request to USAC 30 days from the date a customer subscribes to service or purchases a device. We require participating each ETC to
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  • telephone line in their principal residence, while Link-Up provides low-income consumers with discounts off of the initial costs of installing telephone service. See Lifeline and Link-Up, WC Docket No. 03-109, Report and Order and Further Notice of Proposed Rulemaking, 19 FCC Rcd 8302, 8306, para. 4 (2004); 47 C.F.R. Part 54, Subpart E (Universal Service Support for Low-Income Consumers). Sections 54.405(b) and 54.411(d) of the Commission's Rules require all ETCs to publicize the availability of Lifeline and Link-Up services in a manner reasonably designed to reach those likely to qualify for those services. 47 C.F.R. §§ 54.405(b), 54.411(d). Letter at 4. Comments of New York State Consumer Protection Board at 2. See infra section III.G. Comments of Verizon at 7. See
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  • Opinion and Order, and Further Notice of Proposed Rulemaking, 15 FCC Rcd 12208, 12255, para. 93 (2000) (Twelfth Report and Order). 47 U.S.C. § 214(e)(6). Id. Id. 47 U.S.C. § 214(e)(1); see also 47 C.F.R. § 54.201(d). 47 U.S.C. § 214(e)(1)(A). 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 if all relevant state regulatory authorities approve such a reduction. (All fifty states have approved this
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  • § 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. § 54.411(a)(3). 47 U.S.C. § 254(e). A carrier need not be an ETC to participate in the schools and libraries
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-117A1_Rcd.pdf
  • 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. §254(e). A carrier need not be an ETC to participate in the schools and libraries or rural health
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  • 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 C.F.R. § 54.411(a)(3). 47 U.S.C. § 254(e). A carrier need not be an ETC to participate in the schools
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  • 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). 547 U.S.C. §254(e). A carrier need not be an ETC to participate in the schools and libraries or
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  • 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 C.F.R. § 54.411(a)(3). 47 U.S.C. § 254(e). See 47 C.F.R. § 54.407(b)-(c). ETCs designated for the limited purpose of
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  • 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). 547 U.S.C. §254(e). 6See47 C.F.R. §54.407(b)­(c). ETCs designated for the limited purpose of participating in the Lifeline program,
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  • for, Lifeline pursuant to their obligations under section 214(e)(1).'' Recognizing the critical importance of effectively publicizing the Lifeline and Link Up programs to low-income consumers and the resulting effect on the telephone penetration rate, the Commission took several opportunities over the years to highlight the importance of outreach. For example, in the June 2000 Tribal Order, the Commission amended sections 54.405 and 54.411 of the rules to require that ETCs publicize the availability of Lifeline and Link Up ``in a manner reasonably designed to reach those likely to qualify for the service.'' The Commission chose not to prescribe specific, uniform methods for ETCs to follow in publicizing their low-income programs; rather, the Commission gave carriers the discretion to determine how best
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  • for, Lifeline pursuant to their obligations under section 214(e)(1).'' Recognizing the critical importance of effectively publicizing the Lifeline and Link Up programs to low-income consumers and the resulting effect on the telephone penetration rate, the Commission took several opportunities over the years to highlight the importance of outreach. For example, in the June 2000 Tribal Order, the Commission amended sections 54.405 and 54.411 of the rules to require that ETCs publicize the availability of Lifeline and Link Up ``in a manner reasonably designed to reach those likely to qualify for the service.'' The Commission chose not to prescribe specific, uniform methods for ETCs to follow in publicizing their low-income programs; rather, the Commission gave carriers the discretion to determine how best
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  • for, Lifeline pursuant to their obligations under section 214(e)(1).'' Recognizing the critical importance of effectively publicizing the Lifeline and Link Up programs to low-income consumers and the resulting effect on the telephone penetration rate, the Commission took several opportunities over the years to highlight the importance of outreach. For example, in the June 2000 Tribal Order, the Commission amended sections 54.405 and 54.411 of the rules to require that ETCs publicize the availability of Lifeline and Link Up ``in a manner reasonably designed to reach those likely to qualify for the service.'' The Commission chose not to prescribe specific, uniform methods for ETCs to follow in publicizing their low-income programs; rather, the Commission gave carriers the discretion to determine how best
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  • the service area conformance requirement would also help to ensure that the rates and terms of other carriers are kept reasonable through competition as competitors can also offer Lifeline service); Cricket Forbearance Petition at 5-6. Cricket Forbearance Petition at 6; see 47 U.S.C. §§ 201, 202. NTCH Forbearance Petition at 6; Cricket Forbearance Petition at 6-7; see 47 C.F.R. § 54.405(a)-(b) (requiring ETCs to offer and publicize the availability of Lifeline services). See, e.g., TracFone Forbearance Order, 20 FCC Rcd at 15101, para. 13; Virgin Mobile Forbearance Order, 24 FCC Rcd at 3389, para. 19; i-wireless Forbearance Order, 25 FCC Rcd at 8787, para. 9. NTCH Forbearance Petition at 1. Cricket Forbearance Petition at 8. Letter from Patrick M. Rosvall, Counsel
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  • 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 C.F.R. § 54.411(a)(3). 47 U.S.C. § 254(e). See 47 C.F.R. § 54.407(b)-(c). ETCs designated for the limited purpose of
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  • 28-29; Yourtel Comments at 12-13; State of Alaska Reply Comments at 3; see also Letter from Commissioner Deborah Taylor-Tate, Federal Communications Commission, to Julius Genachowski, Chairman, Federal Communications Commission, WC Docket Nos. 03-109, 11-42, CC Docket No. 96-45, at 2 (Aug. 1, 2011). See, e.g., 47 C.F.R. § 54.417. Id. § 54.410(c). National Broadband Plan at 173. 47 C.F.R. § 54.405. See id. §54.407. See Lifeline and Link Up Reform and Modernization NPRM, 26 FCC Rcd at 2825, para. 172. . See National Broadband Plan at 172. See Lifeline and Link Up Reform and Modernization NPRM, 26 FCC Rcd at 2849-62, paras. 255-302. See 47 U.S.C. § 225(b)(1) (``. . . shall ensure that [TRS is] available . . . to
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  • in this area while the record develops on the issues on which we are seeking comment. To ensure that Lifeline support is limited to the amount necessary to provide access to telecommunications service for low-income subscribers, we propose several approaches to address duplicative support. We propose to adopt a new section 54.408 and to adopt several amendments to sections 54.400, 54.405, and 54.410 that would facilitate the enforcement of a one-per-residential address limitation. We also propose to amend section 54.410 to require ETCs to submit to USAC unique household-identifying information for every supported household to help determine whether two or more ETCs are providing Lifeline-supported service to the same residential address. We also propose remedies to address situations in which a
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  • 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 been selected
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  • end of 2012 by ETCs in all states (or the state Lifeline program administrator, where applicable), while also allowing ETCs to leverage existing databases to more easily confirm the continued eligibility of their subscribers. Second, we establish a process to transition, beginning in 2013, the responsibility for annual subscriber re-certification to USAC, at the ETC's election. Third, we amend section 54.405 of the Commission's rules to adopt a procedure for de-enrolling those subscribers who do not respond to an ETC's or state's annual re-certification efforts, which will encourage consumer accountability and ensure that universal service support is not directed toward consumers who may not be eligible for Lifeline. Fourth, to provide the Commission and the states with a more complete set
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-70A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-70A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-70A1.txt
  • telephone companies to continue to provide service nor will forbearance harm competitive market conditions). See 47 U.S.C. §§ 201, 202. 47 U.S.C. § 254(e)(3); see also, e.g., 47 C.F.R. §§ 54.313(a)(10), 54.314. USF/ICC Transformation Order, 26 FCC Rcd at 17771-72, para. 295. 47 C.F.R. § 54.202(a)(3). USF/ICC Transformation Order, 26 FCC Rcd at 17771-73, paras. 295-99. See 47 C.F.R. § 54.405 (ETC obligation to offer Lifeline). See 47 U.S.C. § 160(b) (requiring the public-interest determination to consider whether forbearance would promote competitive market conditions). 47 U.S.C. § 214(e)(3); 47 C.F.R. § 54.201(c). The redefinition process is still required for ETCs seeking other kinds of support and nothing in this order alters the redefinition process for such ETCs. See 5 U.S.C. §
• 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
  • 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. Feb. 1,
• 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
  • an eligible telecommunications carrier to "advertise the availability of" the services supported by federal universal service support mechanisms "and the charges therefor using media of general distribution."227 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 rules228 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. 128. We seek comment on the costs and benefits of requiring
• 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
  • 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. 99-249, Eleventh Report and Order in CC Docket No. 96-45, FCC 00-193, at paras. 218-220 (rel. May 31, 2000) (Interstate Access Universal Service Order). See 47 C.F.R. § 254(d). . See 47 C.F.R. § 54.405 (obligating eligible telecommunications carrier to offer Lifeline services). As discussed above, price cap LECs already are prohibited from recovering universal service contributions from Lifeline customers. See supra discussion at n. 5. See Universal Service Remand Order, 15 FCC Rcd at 1693, para. 33. See Access Charge Reform, Sixth Report and Order in CC Docket No. 96-262 and 94-1, Report and
• http://transition.fcc.gov/eb/Orders/2004/DA-04-1447A1.html
  • Liability for ) Forfeiture NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 24, 2004 Released: May 24, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pend Oreille Telephone Company (``Pend Oreille'') apparently violated section 214(e)(1)(B) of the Communications Act of 1934, as amended (the ``Act''),1 and sections 54.405(b) and 54.411(d) of the Commission's rules, by willfully and repeatedly failing to publicize the availability of Lifeline and Link-Up services ``in a manner reasonably designed to reach those likely to qualify'' for the services.2 Specifically, Pend Oreille failed to advertise Lifeline or Link-Up to low-income residents on tribal lands within its service territory. Based upon our review of the facts
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3250A1.html
  • assess a forfeiture of $20,000 against Pend Oreille Telephone Company (``Pend Oreille'') for willful and repeated violations of the Communications Act of 1934, as amended (``the Act''), and the Federal Communications Commission's (``Commission'' or ``FCC'') rules and orders. For the reasons set forth below, we find that Pend Oreille willfully and repeatedly violated Section 214(e)(1)(B) of the Act,1 and Sections 54.405(b) and 54.411(d) of the Commission's rules,2 by willfully and repeatedly failing to publicize the availability of Lifeline and Link-Up services ``in a manner reasonably designed to reach those likely to qualify'' for the services. II. BACKGROUND 2. The facts and circumstances surrounding this case are set forth in the Notice of Apparent Liability previously issued by the Enforcement Bureau (``Bureau'')
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3585A1.html
  • 22, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Qwest Corporation, Inc. (``Qwest''). The Consent Decree terminates an investigation initiated by the Enforcement Bureau regarding whether Qwest was in compliance with section 214(e)(1)(B) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.405(b) and 54.411(d) of the Commission's rules,1 as it relates to the duty to publicize Lifeline and Link-Up programs to low-income residents on tribal lands. 2. The Enforcement Bureau and Qwest have negotiated the terms of a Consent Decree that would resolve this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference.
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2992A1.html
  • 17, 2005 Released: November 22, 2005 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and CenturyTel, Inc. (``CenturyTel''). The Consent Decree terminates an investigation initiated by the Enforcement Bureau regarding CenturyTel's compliance with section 214(e)(1)(B) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.405(b) and 54.411(d) of the Commission's rules,1 as it relates to the duty to publicize Lifeline and Link-Up programs to low-income residents on tribal lands. 2. The Enforcement Bureau and CenturyTel have negotiated the terms of a Consent Decree that would resolve this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference.
• http://transition.fcc.gov/eb/Orders/2005/DA-05-525A1.html
  • D.C. 20554 In the Matter of ) ) Verizon Communications Inc. ) File No. EB-03-TC-125 MEMORANDUM OPINION AND ORDER Adopted: March 1, 2005 Released: March 2, 2005 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we admonish Verizon Communications Inc. (``Verizon'') for violating Section 214(e)(1)(B) of the Communications Act of 1934, as amended (``the Act''),1 and Sections 54.405(b) and 54.411(d) of the Commission's rules,2 by failing to publicize the availability of Lifeline or Link-Up services ``in a manner reasonably designed to reach those likely to qualify'' for the services. Specifically, Verizon failed adequately to publicize Lifeline or Link-Up to low-income residents of 11 tribes in its service area for a period of approximately three years. While, as discussed
• http://transition.fcc.gov/eb/Public_Notices/DA-11-1971A1.html
  • 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 asking if
• 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
  • 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. Feb. 1,
• 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
  • an eligible telecommunications carrier to ``advertise the availability of'' the services supported by federal universal service support mechanisms ``and the charges therefor using 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
• 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
  • 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. 99-249, Eleventh Report and Order in CC Docket No. 96-45, FCC 00-193, at paras. 218-220 (rel. May 31, 2000) (Interstate Access Universal Service Order). See 47 C.F.R. § 254(d). . See 47 C.F.R. § 54.405 (obligating eligible telecommunications carrier to offer Lifeline services). As discussed above, price cap LECs already are prohibited from recovering universal service contributions from Lifeline customers. See supra discussion at n. 5. See Universal Service Remand Order, 15 FCC Rcd at 1693, para. 33. See Access Charge Reform, Sixth Report and Order in CC Docket No. 96-262 and 94-1, Report and
• 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
  • and to adequately explain the Lifeline program and toll blocking options. UUI would take the position that a lack of information does ... contribute to the significantly low penetration rates on tribal lands. We commend these efforts and encourage other carriers to undertake similar efforts to comply with the rule amendments that we adopt in this Order. We amend sections 54.405 and 54.411 of our rules, as reflected in Appendix A of this Order, to require eligible telecommunications carriers to publicize the availability of Lifeline and Link Up services in a manner reasonably designed to reach those likely to qualify for those services. We emphasize that these rule amendments shall apply to all eligible telecommunications carriers and not merely to those
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr03-2.pdf
  • interstate and international telecommunications, including payphone aggregators, and private network operators that offer service to others for a fee on a non-common-carrier basis. These carriers and service providers may pass on contribution expenses to their customers. 16 47 C.F.R. § 54.411(a)(1). 17 47 C.F.R. § 54.411(a)(2). 18 47 C.F.R. § 54.411(a)(3). 19 47 C.F.R. § 54.403(c). 20 47 C.F.R. §§ 54.405(b), 54.411(d). See also Twelfth Report and Order, 15 FCC Rcd at 12250, para.78 (amending sections 54.405 and 54.411 of the Commission's rules). 2 - 5 The FCC monitors subscriber participation and telephone usage to determine program benefits and costs.21 Historical tables for subscribership and carrier payments by state can be downloaded from the Monitoring Report's Low-Income Support section of the
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr04-2.pdf
  • by state or jurisdiction for both federal and state support as of November 2003, and indicates the additional contribution from the federal program to reduce local rates where states have authorized statewide or carrier-specific intrastate local rate reductions. The Table indicates the minimum, maximum and average non-tribal support provided by carriers in each state or jurisdiction. 21 47 C.F.R. §§ 54.405(b), 54.411(d). See also Twelfth Report and Order, 15 FCC Rcd at 12250, para.78 (amending sections 54.405 and 54.411 of the Commission's rules). 22 1997 Universal Service Order, 12 FCC Rcd 8776, 9218 at para. 869; See Common Carrier Bureau Seeks Comment on Program to Monitor Impacts of Universal Service Support Mechanisms, Public Notice, CC Docket No. 96-45, DA 98-580, IAD
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs00-0.pdf
  • Up payments between January 1998 and December 1999. Projected program payments for 2000 as reported in State-By-State Telephone and Universal Service are included in the table. Total carrier payments data include local rate reductions for the Presubscribed Interexchange Carrier Charges (PICCs), and the carrier's incremental cost of providing toll-limitation services (TLS) in each state or jurisdiction. 17 47 C.F.R. §§ 54.405(b), 54.411(d). 18 1997 Universal Service Order, 12 FCC Rcd 8776, 9218 at para. 869; See Common Carrier Bureau Seeks Comment on Program to Monitor Impacts of Universal Service Support Mechanisms, Public Notice, CC Docket No. 96-45, DA 98-580, IAD File No. 98- 101 (rel. Apr. 24, 1998). 19 Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Low-Volume
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs01-0.pdf
  • reduce local rates where states have authorized statewide or carrier specific intrastate local rate reductions. Table 2.1 indicates both the federal and state combined "minimum" local rate reduction. This table does not reflect changes in support that resulted from the implementation of the CALLS order, which took effect in July 2000.22 19 47 C.F.R. § 54.403(c). 20 47 C.F.R. §§ 54.405(b), 54.411(d). 21 1997 Universal Service Order, 12 FCC Rcd 8776, 9218 at para. 869; See Common Carrier Bureau Seeks Comment on Program to Monitor Impacts of Universal Service Support Mechanisms, Public Notice, CC Docket No. 96-45, DA 98-580, IAD File No. 98- 101 (rel. Apr. 24, 1998). 22 Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Low-Volume
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs02-0.pdf
  • and service providers may pass on contribution expenses to their customers. The FCC monitors subscriber participation and telephone usage to determine program benefits and costs.19 Historical tables for subscribership and carrier payments by state can be 14 47 C.F.R. § 54.411(a)(1). 15 47 C.F.R. § 54.411(a)(2). 16 47 C.F.R. § 54.411(a)(3). 17 47 C.F.R. § 54.403(c). 18 47 C.F.R. §§ 54.405(b), 54.411(d). 19 1997 Universal Service Order, 12 FCC Rcd at 9218, para. 869; see also Common Carrier 2 - 5 downloaded from the Monitoring Reports section of the FCC-State Link website, . Table 2.1 reports Lifeline monthly support by state or jurisdiction as of December 2001. The table shows both federal and state support, and indicates the additional contribution from
• http://www.fcc.gov/eb/Orders/2004/DA-04-1447A1.html
  • Liability for ) Forfeiture NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 24, 2004 Released: May 24, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pend Oreille Telephone Company (``Pend Oreille'') apparently violated section 214(e)(1)(B) of the Communications Act of 1934, as amended (the ``Act''),1 and sections 54.405(b) and 54.411(d) of the Commission's rules, by willfully and repeatedly failing to publicize the availability of Lifeline and Link-Up services ``in a manner reasonably designed to reach those likely to qualify'' for the services.2 Specifically, Pend Oreille failed to advertise Lifeline or Link-Up to low-income residents on tribal lands within its service territory. Based upon our review of the facts
• http://www.fcc.gov/eb/Orders/2004/DA-04-3250A1.html
  • assess a forfeiture of $20,000 against Pend Oreille Telephone Company (``Pend Oreille'') for willful and repeated violations of the Communications Act of 1934, as amended (``the Act''), and the Federal Communications Commission's (``Commission'' or ``FCC'') rules and orders. For the reasons set forth below, we find that Pend Oreille willfully and repeatedly violated Section 214(e)(1)(B) of the Act,1 and Sections 54.405(b) and 54.411(d) of the Commission's rules,2 by willfully and repeatedly failing to publicize the availability of Lifeline and Link-Up services ``in a manner reasonably designed to reach those likely to qualify'' for the services. II. BACKGROUND 2. The facts and circumstances surrounding this case are set forth in the Notice of Apparent Liability previously issued by the Enforcement Bureau (``Bureau'')
• http://www.fcc.gov/eb/Orders/2004/DA-04-3585A1.html
  • 22, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Qwest Corporation, Inc. (``Qwest''). The Consent Decree terminates an investigation initiated by the Enforcement Bureau regarding whether Qwest was in compliance with section 214(e)(1)(B) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.405(b) and 54.411(d) of the Commission's rules,1 as it relates to the duty to publicize Lifeline and Link-Up programs to low-income residents on tribal lands. 2. The Enforcement Bureau and Qwest have negotiated the terms of a Consent Decree that would resolve this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference.
• http://www.fcc.gov/eb/Orders/2005/DA-05-2992A1.html
  • 17, 2005 Released: November 22, 2005 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and CenturyTel, Inc. (``CenturyTel''). The Consent Decree terminates an investigation initiated by the Enforcement Bureau regarding CenturyTel's compliance with section 214(e)(1)(B) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.405(b) and 54.411(d) of the Commission's rules,1 as it relates to the duty to publicize Lifeline and Link-Up programs to low-income residents on tribal lands. 2. The Enforcement Bureau and CenturyTel have negotiated the terms of a Consent Decree that would resolve this matter and terminate the investigation. A copy of the Consent Decree is attached hereto and incorporated by reference.
• http://www.fcc.gov/eb/Orders/2005/DA-05-525A1.html
  • D.C. 20554 In the Matter of ) ) Verizon Communications Inc. ) File No. EB-03-TC-125 MEMORANDUM OPINION AND ORDER Adopted: March 1, 2005 Released: March 2, 2005 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we admonish Verizon Communications Inc. (``Verizon'') for violating Section 214(e)(1)(B) of the Communications Act of 1934, as amended (``the Act''),1 and Sections 54.405(b) and 54.411(d) of the Commission's rules,2 by failing to publicize the availability of Lifeline or Link-Up services ``in a manner reasonably designed to reach those likely to qualify'' for the services. Specifically, Verizon failed adequately to publicize Lifeline or Link-Up to low-income residents of 11 tribes in its service area for a period of approximately three years. While, as discussed
• http://www.fcc.gov/eb/Public_Notices/DA-11-1971A1.html
  • 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 asking if