FCC Web Documents citing 54.407

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

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  • Company Apparent Liability for Forfeiture ) ) ) ) ) ) ) ) File No. EB-07-IH-3985 NAL/Acct. No. 200732080033 FRN No. 0015783004 NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: August 14, 2007 Released: August 15, 2007 By the Commission: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that VCI Company (``VCI'') apparently violated sections 54.407(c) and 54.413(b) of the rules of the Federal Communications Commission (``Commission'') by willingly or repeatedly failing to keep and provide to the Universal Service Administrative Company (``USAC'') accurate records of the revenues it was forgoing in providing Lifeline and Link Up service. In addition, we find that VCI apparently violated sections 54.407(b) and 54.413(a) of the Commission's rules by willfully
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  • 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 04/30/09 3060-0837
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  • 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 and Libraries Program of the Universal
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  • 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 in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd
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  • 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). Section 214(e)(2) of the Act
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  • to justify a waiver of the E-rate program's filing deadline. We grant those requests for waivers and remand the underlying applications to the Universal Service Administrative Company (USAC) for further action consistent with this order. We also deny 32 requests because we find that the petitioners failed to present special circumstances to justify a waiver of the Commission's rules. Section 54.407(c) of the Commission's rules maintains that E-rate funds shall be available on a first-come-first-served basis but requires USAC to implement an initial funding window that treats all applicants filing within that window as if their applications were simultaneously received. We first grant 10 petitioners waivers of our filing deadline for appeals because we find they submitted their appeals to the
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  • the Universal Service Fund (USF) for the payphone line service they currently provide. APCC proposes that payphone line service be eligible for Lifeline support at $10 per month per line for all publicly available phones. Further, the APCC petition for rulemaking requests the Commission to create a new Lifeline Tier 5 ``Payphone Service'' level and to amend sections 54.400, 54.403, 54.407, and 54.410 of the Commission's rules to make payphone lines permanently eligible for Lifeline support. Interested parties may file comments on or before January 18, 2011, and reply comments on or before February 2, 2011. All pleadings are to reference CC Docket No. 96-45 and WC Docket No. 03-109. Comments may be filed using the Commission's Electronic Comment Filing System
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  • Commission (filed Feb. 23, 2010) (USAC Letter). FCC Form 497 is used by eligible telecommunications carriers to request reimbursement for participation 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 Feb. 23, 2009). See FCC Form 497 Instructions; see also 47 C.F.R. §§ 54.403(a), 54.407(c). See USAC Letter at 1-2; see also Comment Sought on AT&T Request for Review of a Decision of the Universal Service Administrative Company Concerning Audit Findings Relating to the Low-Income Program, WC Docket No. 03-109, Public Notice, 24 FCC Rcd 7679 (2009); Comment Sought on AT&T Request for Review of a Decision of the Universal Service Administrative Company Concerning Audit
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  • 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 the supported services over
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  • requests for waiver and remand the underlying applications to the Universal Service Administrative Company (USAC) for further action consistent with this order. We dismiss four other requests for waiver as moot. We deny, however, the remaining 14 requests for waiver because we find that the petitioners failed to present special circumstances to justify a waiver of the Commission's rules. Section 54.407(c) of the Commission's rules maintains that E-rate funds shall be available on a first-come-first-served basis, but requires USAC to implement an initial funding window that treats all applicants filing within that window as if their applications were simultaneously received. In the 2010 Academy of Math and Science Order, the Commission granted waivers of the FCC Form 471 application filing window
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  • a waiver of that filing window deadline. We grant those requests for waiver and remand the underlying applications to the Universal Service Administrative Company (USAC) for further action consistent with this order. We deny the remaining eight requests for waiver because we find that the petitioners failed to present special circumstances to justify a waiver of the Commission's rules. Section 54.407(c) of the Commission's rules maintains that E-rate funds shall be available on a first-come-first-served basis, but requires USAC to implement an initial funding window that treats all applicants filing within that window as if their applications were simultaneously received. As an initial matter, we grant two appeals after finding USAC mistakenly rejected the applications even though the schools filed their
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  • projected claims for support. Payment based on actual support payments could replace the current administrative process, under which USAC reimburses ETCs for low income support each month based on USAC's projection of payments and on a ``true-up'' calculated using an ETC's actual support payments. Background ETCs are reimbursed for providing Lifeline and Link Up to qualifying low-income consumers under Sections 54.407 and Section 54.413 of Commission rules, respectively. Pursuant to Section 54.403(c), carriers providing toll-limitation services (TLS) for qualifying low-income subscribers are compensated from universal service mechanisms for the incremental cost of providing TLS. ETCs use FCC Form 497 to request reimbursement for participating in the Lifeline, Link Up and TLS programs. The majority of ETCs file support claims on FCC
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  • Tm (company's records and documentation to ensure that the universal service Lifeline support it receives is) Tj 1 0 0 1 69.35 135.849 Tm 128 Tz /OPBaseFont1 10 Tf (") Tj 1 0 0 1 77.75 131.299 Tm 93 Tz /OPBaseFont2 10 Tf (See) Tj 1 0 0 1 94.05 131.049 Tm 100 Tz /OPBaseFont1 10 Tf (47 C.F.R. § 54.407\(b\)-\(c\). ETCs designated for the limited purpose of participating in the Lifeline program,) Tj 1 0 0 1 68.85 119.799 Tm 99 Tz (in contrast, may only receive Lifeline support.) Tj 1 0 0 1 69.35 106.849 Tm 89 Tz (') Tj 1 0 0 1 78 102.049 Tm 99 Tz (i-wireless Revised Compliance Plan at 11.) Tj 1 0 0
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  • program's FCC Form 471 application filing window deadline. We grant those requests for waiver and remand the underlying applications to the Universal Service Administrative Company (USAC) for further action consistent with this order. We deny, however, nine requests for waiver because we find that the petitioners failed to present special circumstances to justify a waiver of the Commission's rules. Section 54.407(c) of the Commission's rules maintains that E-rate funds shall be available on a first-come-first-served basis but requires USAC to implement an initial funding window that treats all applicants filing within that window as if their applications were simultaneously received. We first grant one petitioner a waiver of our appeal filing deadline because we find its appeal was necessitated by a
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  • 0 0 1 424.05 362.649 Tm 100 Tz /OPBaseFont1 10 Tf (19\(c\) of the Commission's) Tj 1 0 0 1 69.35 351.399 Tm (rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the) Tj 1 0 0 1 69.6 340.099 Tm 101 Tz (Commission. 47 C.F.R. § 54.7 19\(c\). Section 54.407\(c\) of the Commission's rules maintains that E-rate funds shall) Tj 1 0 0 1 69.1 328.599 Tm 100 Tz (be available on a first-come-first-served basis, but requires USAC to implement an initial funding window that treats) Tj 1 0 0 1 69.35 316.849 Tm (all applicants filing within that window as if their applications were simultaneously received. 47 C.F.R. §)
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  • the effective dates for these requirements be extended until October 1, 2012. The petitioners note that to the extent a postpaid ETC is able to comply with these requirements prior to October 1, 2012, ``it should do so.'' USTelecom et al., also requests that the Commission clarify the effective date and scope of the new certification requirements established in Section 54.407(d) of the revised Lifeline rules. Interested parties may file comments on or before March 20, 2012. Because at least some of the rules from which USTelecom seeks waiver will go into effect in April 2, the Bureau adopts an expedited comment period for this proceeding. All comments are to reference WC Docket Nos. 12-23, 11-42, 03-109, and CC Docket No.
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  • for further consideration in accordance with the terms of this order. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), that sections 54.407(d) and 54.720 of the Commission's rules, 47 C.F.R. §§ 54.407(d), 54.720, ARE WAIVED to the limited extent provided herein. FEDERAL COMMUNICATIONS COMMISSION Gina M. Spade Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau APPENDIX A Petitioner Application Number(s) Funding Year Date Request for Review Filed Hondo Valley School District Hondo, NM 459333 2005 Feb. 11, 2009 Leak & Watts
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  • 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 section 54.410(a)-(f), and except as described herein with regard to phasing in the $9.25 support amount, are effective May 1, 2012. Section
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  • filed on April 25, 2012 by the United States Telecom Association (USTelecom). In its petition, USTelecom requests that the Commission temporarily waive several rules established in the recent Lifeline Reform Order. Specifically, USTelecom seeks a temporary waiver from the obligation to obtain a signed customer certification and a notice of customer eligibility from certain states prior to seeking reimbursement (sections 54.407(d), 54.410(b)(2), 54.410(c)(2)). USTelecom requests that the waiver apply to ETCs in those states which make initial determinations of customer eligibility and are unable to modify their procedures in time for the ETCs to comply with sections 54.407(d), 54.410(b)(2) and 54.410 by June 1, 2012. USTelecom requests that the waiver last until a state is able to provide ETCs with the
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  • until the states are able to provide ETCs with copies of certifications. The states and other jurisdictions covered by the narrowed request for waiver are California, Colorado, District of Columbia, Florida, Idaho, Montana, Nebraska, Nevada, Oregon, the U.S. Virgin Islands, Utah, Vermont, and Washington. We conditionally grant in part and deny in part USTelecom's narrowed request for relief from sections 54.407(d), 54.410(b)(2)(ii) and 54.410(c)(2)(ii) of the Commission's rules, which require ETCs in those states where a state entity is responsible for the initial determination of subscribers' eligibility to obtain certification forms from the state for each Lifeline subscriber before the ETC seeks reimbursement from the Fund, and, on our own motion, provide a waiver from section 54.410(e), which requires state entities
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  • actual federal tariffed subscriber line charge (SLC), currently capped at $6.50 per month (47 C.F.R. § 54.403 (a)(1): Lifeline support amount, which discusses Tier 1 support) (if carrier is a Competitive ETC), uses the subscriber line charge of the Incumbent LEC and also uses a reasonable average calculation if using the subscriber line charge(s) of multiple Incumbents. 47 C.F.R. § 54.407: Reimbursement for offering Lifeline, which discusses that carriers comply with USAC administrative procedures - in this case the FCC Form 497 requires that for multiple rates an average support amount should be used) Tier 2: $1.75 per month available to qualified low-income consumers, if the carrier received any non-federal approvals necessary to implement the required rate reduction and passes through
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  • ``concluded''. Paragraph 484, at the end of the fifth sentence, add a period. Footnote 1194, the content of the footnote was inadvertently omitted and is added to read as ``Id.'' Paragraph 515, change ``54.409'' to read as ``54.409 and 54.410''. Paragraph 524, the date is corrected to read as ``April 25, 2008''. APPENDIX A is amended as indicated below: Section 54.407, in paragraph (d), change ``from each of the subscribers'' to read as ``for each of the subscribers''. Section 54.409(a), change paragraph (3) to read as follows: ``The consumer meets additional eligibility criteria established by a state for its residents, provided that such-state specific criteria are based solely on income or other factors directly related to income.'' Section 54.410(d), under paragraph
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  • Letter from David Cosson, Kraskin, Lesse & Cosson, LLP, to Irene Flannery, FCC, dated May 15, 2000 (reporting that companies should be able to modify subscriber bills to include separate tribal Lifeline rate with ``little difficulty''). See, e.g., US West May 24 ex parte (requesting eight months to implement the changes needed to implement tribal Lifeline service). 47 C.F.R. § 54.407(c). Further Notice, 14 FCC Rcd at 21208-09, paras. 71-72. Further Notice, 14 FCC Rcd at 21208-09, para. 72. Further Notice, 14 FCC Rcd at 21208-09, para. 72. Section 54.415 of our rules, which establishes the consumer qualification criteria for Link Up, incorporates by reference the criteria established for Lifeline in section 54.409. Therefore, by amending the Lifeline criteria in section
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  • Company Apparent Liability for Forfeiture ) ) ) ) ) ) ) ) File No. EB-07-IH-3985 NAL/Acct. No. 200732080033 FRN No. 0015783004 NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: August 14, 2007 Released: August 15, 2007 By the Commission: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that VCI Company (``VCI'') apparently violated sections 54.407(c) and 54.413(b) of the rules of the Federal Communications Commission (``Commission'') by willingly or repeatedly failing to keep and provide to the Universal Service Administrative Company (``USAC'') accurate records of the revenues it was forgoing in providing Lifeline and Link Up service. In addition, we find that VCI apparently violated sections 54.407(b) and 54.413(a) of the Commission's rules by willfully
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  • Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9015, para. 449 (1997) (Universal Service First Report and Order) (subsequent history omitted); Federal-State Joint Board on Universal Service, CC Docket No. 96-46, Fourteenth Order on Reconsideration, 14 FCC Rcd 20106, 20114-15, para. 19 (1999) (Fourteenth Order on Reconsideration). . See 47 C.F.R. § 54.407(b)-(c). ETCs designated for the limited purpose of participating in the Lifeline program, in contrast, may only receive Lifeline support. Petition of TracFone Wireless, Inc. for Forbearance from 47 U.S.C. § 214(e)(1)(A) and 47 C.F.R. § 54.201(i), CC Docket No. 96-45, Order, 20 FCC Rcd 15095 (2005) (TracFone Forbearance Order). Virgin Mobile USA, L.P. Petition for Forbearance from 47 U.S.C. §
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  • 14 FCC Rcd 20106, 20114­15, para. 19 (1999) (Fourteenth Order on Reconsideration). 647 U.S.C. §214(e)(1); 47 C.F.R. §54.201(d)(1). Because a carrier need not be an ETC to participate in the schools and libraries or rural health care universal service programs, a carrier need not offer service over its own facilities to receive support from those programs. Seesupranote 5. 7See47 C.F.R. §54.407(b)­(c). ETCs designated for thelimited purpose of participating in the Lifeline program, in contrast, may only receive Lifeline support. 8Petition of TracFone Wireless, Inc. for Forbearance from 47 U.S.C. §214(e)(1)(A) and 47 C.F.R. § 54.201(i), CC Docket No. 96-45, Order, 20 FCC Rcd15095 (2005) (TracFone Forbearance Order). 9Virgin Mobile USA, L.P. Petition for Forbearance from 47 U.S.C. §214(e)(1)(A); Petition for Designation
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  • Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9015, para. 449 (1997) (Universal Service First Report and Order) (subsequent history omitted); Federal-State Joint Board on Universal Service, CC Docket No. 96-46, Fourteenth Order on Reconsideration, 14 FCC Rcd 20106, 20114-15, para. 19 (1999) (Fourteenth Order on Reconsideration). . See 47 C.F.R. § 54.407(b)-(c). ETCs designated for the limited purpose of participating in the Lifeline program, in contrast, may only receive Lifeline support. Petition of TracFone Wireless, Inc. for Forbearance from 47 U.S.C. § 214(e)(1)(A) and 47 C.F.R. § 54.201(i), CC Docket No. 96-45, Order, 20 FCC Rcd 15095 (2005) (TracFone Forbearance Order). Virgin Mobile USA, L.P. Petition for Forbearance from 47 U.S.C. §
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-134A1_Rcd.pdf
  • 14 FCC Rcd 20106, 20114­15, para. 19 (1999) (Fourteenth Order on Reconsideration). 647 U.S.C. §214(e)(1); 47 C.F.R. §54.201(d)(1). Because a carrier need not be an ETC to participate in the schools and libraries or rural health care universal service programs, a carrier need not offer service over its own facilities to receive support from those programs. Seesupranote 5. 7See47 C.F.R. §54.407(b)­(c). ETCs designated for the limited purpose of participating in the Lifeline program, in contrast, may only receive Lifeline support. 10511 Federal Communications Commission FCC 10-134 designation only for the purpose of receiving Lifeline support.8In 2009 and 2010 the Commission forbore from applying the facilities requirement to Virgin Mobile and i-wireless respectively, two other wireless resellers.9 Similar to the relief granted
• 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
  • 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 participating in the Lifeline program, in contrast, may only receive Lifeline support. See Petition of TracFone Wireless, Inc. for Forbearance from 47 U.S.C. § 214(e)(1)(A) and 47 C.F.R. § 54.201(i), CC Docket No. 96-45, Order, 20 FCC Rcd 15095 (2005) (TracFone Forbearance Order); Virgin Mobile USA, L.P. Petition for Forbearance from 47 U.S.C.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-178A1_Rcd.pdf
  • 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, in contrast, may only receive Lifeline support. 7SeePetition of TracFone Wireless, Inc. for Forbearance from 47 U.S.C. §214(e)(1)(A) and 47 C.F.R. § 54.201(i), CC Docket No. 96-45, Order, 20 FCC Rcd 15095 (2005) (TracFone Forbearance Order); Virgin Mobile USA, L.P. Petition for Forbearance from 47 U.S.C. § 214(e)(1)(A);
• 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
  • 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 Order, Memorandum Opinion and
• 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
  • and legal fees and an ultimate loss of a foothold in the marketplace, ultimately resulting in loss of competition and consumer choice). California Rural Telephone Companies Ex Parte Letter at 2-3; OPASTCO Ex Parte. See NTCH Forbearance Petition at 5; Cricket Forbearance Petition at 7-9. See NTCH Forbearance Petition at 5; Cricket Forbearance Petition at 7-9; 47 C.F.R. §§ 54.401, 54.407, 54.504. Letter from Patrick M. Rosvall, Counsel for Calaveras Telephone Co., Cal-Ore Telephone Co., Ducor Telephone Co., Foresthill Telephone Co., Happy Valley Telephone Co., Hornitos Telephone Co., Kerman Telephone Co., Pinnacles Telephone Co., The Ponderosa Telephone Co., Sierra Telephone Co., The Siskiyou Telephone Co., Volcano Telephone Co., and Winterhaven Telephone Co., to Marlene H. Dortch, Secretary, FCC, WC Docket No.
• 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
  • 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 participating in the Lifeline program, in contrast, may only receive Lifeline universal service support. See Petition of TracFone Wireless, Inc. for Forbearance from 47 U.S.C. § 214(e)(1)(A) and 47 C.F.R. § 54.201(i), CC Docket No. 96-45, Order, 20 FCC Rcd 15095 (2005) (TracFone Forbearance Order); Virgin Mobile USA, L.P. Petition for Forbearance from
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-184A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-184A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-184A1.txt
  • 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 hearing-impaired and speech-impaired
• 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
  • ETCs shall provide the subscriber 30 days following the date of the impending termination letter in which to demonstrate that Lifeline service shall not be terminated. ETCs shall terminate the Lifeline service if the subscriber fails to demonstrate that Lifeline service shall not be terminated. ETCs shall not seek Lifeline reimbursement for the subscriber during the 30-day period. Amend § 54.407 by revising subsection (b) and (d), to read as follows: § 54.407 Reimbursement for offering Lifeline. (a) ***** (b) The eligible telecommunications carrier may receive universal service support reimbursement for each qualifying low-income consumer who has used the supported service to initiate or receive a voice call within the last 60 days. (c) ***** (d) The eligible telecommunications carrier seeking
• 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
  • any ETC in any state that a subscriber is receiving Lifeline service from another eligible telecommunications carrier and should be de-enrolled from participation in that ETC's Lifeline program, the ETC shall de-enroll the subscriber from participation in that ETC's Lifeline program within 5 business days. An ETC shall not be eligible for Lifeline reimbursement as described in sections 54.403 and 54.407 for any de-enrolled subscriber following the date of that subscriber's de-enrollment. APPENDIX B List of Initial Comments Lifeline and Link Up Reform and Modernization; Federal-State Joint Board on Universal Service; Lifeline and Link Up WC Docket Nos. 03-109, 11-42; CC Docket No. 96-45 Commenter Abbreviation AARP AARP Advocates for Basic Legal Equality, Inc. Community Counseling Bristol County Community Voice Mail
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  • goal of ensuring that support for low-income voice and broadband service minimizes the contribution burden on consumers and businesses. Eligible Telecommunications Carrier Certifications. We also add section 54.416 to the Commission's rules to require ETCs to make certain certifications when the ETC conducts its annual re-certification of its consumers' ongoing eligibility for Lifeline, as described below. We also amend section 54.407 of the Commission's rules to require ETCs to make certain certifications when submitting an FCC Form 497 to USAC for reimbursement. As with respect to the consumer certifications set forth above, we expect the administrative burdens for ETCs to comply with these rules to be minimal. First, we amend section 54.416 of the Commission's rules to require that an officer
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-148A1.html
  • File No. EB-07-IH-3985 ) VCI Company NAL/Acct. No. 200732080033 ) Apparent Liability for Forfeiture FRN No. 0015783004 ) ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: August 14, 2007 Released: August 15, 2007 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that VCI Company ("VCI") apparently violated sections 54.407(c) and 54.413(b) of the rules of the Federal Communications Commission ("Commission") by willingly or repeatedly failing to keep and provide to the Universal Service Administrative Company ("USAC") accurate records of the revenues it was forgoing in providing Lifeline and Link Up service. In addition, we find that VCI apparently violated sections 54.407(b) and 54.413(a) of the Commission's rules by willfully
• 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
  • Letter from David Cosson, Kraskin, Lesse & Cosson, LLP, to Irene Flannery, FCC, dated May 15, 2000 (reporting that companies should be able to modify subscriber bills to include separate tribal Lifeline rate with ``little difficulty''). See, e.g., US West May 24 ex parte (requesting eight months to implement the changes needed to implement tribal Lifeline service). 47 C.F.R. § 54.407(c). Further Notice, 14 FCC Rcd at 21208-09, paras. 71-72. Further Notice, 14 FCC Rcd at 21208-09, para. 72. Further Notice, 14 FCC Rcd at 21208-09, para. 72. Section 54.415 of our rules, which establishes the consumer qualification criteria for Link Up, incorporates by reference the criteria established for Lifeline in section 54.409. Therefore, by amending the Lifeline criteria in section
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00332.doc
  • 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, 2000,
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  • line charges, and additional federal assistance in certain circumstances, for qualified low-income telephone subscribers. The Link Up plan helps qualified low income consumers with connecting -- or hooking-up -- their telephone service to the network, by offsetting half of the initial hook-up fee, up to $30.00 per household. See 47 C.F.R. §§ 54.400 et seq. 23 See 47 C.F.R. §§ 54.407, 54.413 (concerning the Lifeline and Link Up plans, respectively). 24 Universal Service Order, ¶ 348. All Lifeline consumers will receive $3.50 in federal support. An additional $1.75 of federal support is available to customers in states that approve the reduction in the portion of the intrastate rate paid by the end user -- no state matching is required. Further, the
• http://www.fcc.gov/eb/Orders/2007/FCC-07-148A1.html
  • File No. EB-07-IH-3985 ) VCI Company NAL/Acct. No. 200732080033 ) Apparent Liability for Forfeiture FRN No. 0015783004 ) ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: August 14, 2007 Released: August 15, 2007 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that VCI Company ("VCI") apparently violated sections 54.407(c) and 54.413(b) of the rules of the Federal Communications Commission ("Commission") by willingly or repeatedly failing to keep and provide to the Universal Service Administrative Company ("USAC") accurate records of the revenues it was forgoing in providing Lifeline and Link Up service. In addition, we find that VCI apparently violated sections 54.407(b) and 54.413(a) of the Commission's rules by willfully
• http://www.fcc.gov/wcb/tapd/pendproceed.html
  • for waiver of section 54.314(a) of the Commission's, WC Docket No. 08-71(filed April 2, 2012); 47 C.F.R. 54.314 (a). WC DKT No. 08-71 [38]DA-12-707 June 4, 2012 June 19, 2012 Comment on USTelecom Petition for Waiver Public Notice: The Wireline Competition Bureau releases a Public Notice seeking comment on a petition filed by USTelecom seeking a temporary waiver of sections 54.407(d), 54.410(b)(2), 54.410(c)(2) adopted in the Lifeline Reform Order. WC DKT No. 12-23 11-42 03-109 96-45 [39]DA-12-692 May 15, 2012 Q Link, Total Call and True Wireless Public Notice: Wireline Competition Bureau seeks comment on petitions for designation as an eligible telecommunications carrier filed by Q Link Wireless, Total Call Mobile and True Wireless. WC DKT No. 09-197 [40]DA-12-677 May 29,
• http://www.fcc.gov/wcb/tapd/universal_service/welcome.html
  • that telecommunications must be provided by a telecommunications carrier. It grants seven (one in part) and denies three. [179]Word|[180]PDF 5/1/2012 Public Notice Seeking Comment on USTelecom Petition for Waiver from Certain Rules Adopted in the Lifeline Reform Order: The Wireline Competition Bureau releases a Public Notice seeking comment on a petition filed by USTelecom seeking a temporary waiver of sections 54.407(d), 54.410(b)(2), 54.410(c)(2) adopted in the Lifeline Reform Order. Comments are due May 15, 2012. [181]Word|[182]PDF 5/1/2012 Public Notice Released Regarding Effective Dates of Certain Lifeline Rules Subject to OMB Approval: The Wireline Competition Bureau releases a Public Notice announcing the effective dates of certain rules established in the Lifeline Reform Order which were subject to approval by the Office of