[Federal Register Volume 73, Number 140 (Monday, July 21, 2008)]
[Rules and Regulations]
[Pages 42273-42274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16608]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[FCC 04-87]


Universal Service Support for Low-Income Consumers; Correction

AGENCY: Federal Communications Commission.

ACTION: Correcting amendments.

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SUMMARY: This document contains corrections to the final regulations, 
which were published in the Federal Register at 69 FR 34590, June 22, 
2004. The regulations related to the information reporting requirements 
for eligible telecommunications carriers (ETCs) contained in section 
54.410 of the Code of Federal Regulations.

DATES: Effective July 21, 2008.

FOR FURTHER INFORMATION CONTACT: Dana Bradford, Telecommunications 
Access Policy Division, Wireline Competition Bureau, (202) 418-7400.

SUPPLEMENTARY INFORMATION: 

Background

    In a Report and Order and Further Notice of Proposed Rulemaking, 
the Commission modified rules to improve the effectiveness of the low-
income universal service support mechanism. Among other steps taken, 
the order requires collection of certain

[[Page 42274]]

information to certify and subsequently verify that beneficiaries of 
low-income support are qualified to receive the support.

Need for Correction

    As published, the final regulations contain errors which may prove 
to be misleading and need to be clarified.

List of Subjects in 47 CFR Part 54

    Communications common carriers, Infants and children, Reporting and 
recordkeeping requirements, Telecommunications, Telephone.

0
Accordingly, 47 CFR Part 54, Subpart E is corrected by making the 
following correcting amendments:

PART 54--UNIVERSAL SERVICE FOR LOW-INCOME CONSUMERS

0
1. The authority citation for part 54 continues to read as follows:

    Authority: 47 U.S.C. 1, 4(i), 201, 205, 214 and 254 unless 
otherwise noted.


0
2. Section 54.410 is amended by revising paragraph (b) introductory 
text and (c) to read as follows:


Sec.  54.410  Certification and Verification of Consumer Qualification 
for Lifeline.

* * * * *
    (b) Self-certifications. After income certification procedures are 
implemented, eligible telecommunications carriers and consumers are 
required to make certain self-certifications, under penalty of perjury, 
relating to the Lifeline program. Eligible telecommunications carriers 
must retain records of their self-certifications and those made by 
consumers.
* * * * *
    (c) Verification of Continued Eligibility. Consumers qualifying for 
Lifeline may be required to verify continued eligibility on an annual 
basis.
    (1) By one year from the effective date of these rules, eligible 
telecommunications carriers in states that mandate state Lifeline 
support must comply with state verification procedures to validate 
consumers' continued eligibility for Lifeline. The eligible 
telecommunications carrier must be able to document that it is 
complying with state regulations and verification requirements.
    (2) By one year from the effective date of these rules, eligible 
telecommunications carriers in states that do not mandate state 
Lifeline support must implement procedures to verify annually the 
continued eligibility of a statistically valid random sample of their 
Lifeline subscribers. Eligible telecommunications carriers may verify 
directly with a state that particular subscribers continue to be 
eligible by virtue of participation in a qualifying program or income 
level. To the extent eligible telecommunications carriers cannot obtain 
the necessary information from the state, they may survey subscribers 
directly and provide the results of the sample to the Administrator. 
Subscribers who are subject to this verification and qualify under 
program-based eligibility criteria must prove their continued 
eligibility by presenting in person or sending a copy of their 
Lifeline-qualifying public assistance card and self-certifying, under 
penalty of perjury, that they continue to participate in the Lifeline-
qualifying public assistance program. Subscribers who are subject to 
this verification and qualify under the income-based eligibility 
criteria must prove their continued eligibility by presenting current 
income documentation consistent with the income-certification process 
in Sec.  54.410(a)(2). These subscribers must also self-certify, under 
penalty of perjury, the number of individuals in their household and 
that the documentation presented accurately represents their annual 
household income. An officer of the eligible telecommunications carrier 
must certify, under penalty of perjury, that the company has income 
verification procedures in place and that, to the best of his or her 
knowledge, the company was presented with corroborating documentation. 
The eligible telecommunications carrier must retain records of these 
certifications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-16608 Filed 7-18-08; 8:45 am]
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