[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Rules and Regulations]
[Pages 38533-38535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15626]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket Nos. 11-42, 03-109, 12-23 and CC Docket No. 96-45; FCC 12-
11]


Lifeline and Link Up Reform and Modernization, Advancing 
Broadband Availability Through Digital Literacy Training

AGENCY: Federal Communications Commission.

ACTION: Correcting amendments.

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SUMMARY: This document contains corrections to the final rules in 47 
CFR part 54, which were published in the

[[Page 38534]]

Federal Register March 2, 2012, (77 FR 12952). A correction to the 
final regulations in part 54 was published in the Federal Register 
March 30, 2012 (77 FR 19125). The regulations relate to the Federal 
Communications Commission's initiatives to comprehensively reform and 
modernize the Universal Service Lifeline program. The reforms adopted 
will substantially strengthen protections against waste, fraud, and 
abuse; improve program administration and accountability; improve 
enrollment and consumer disclosures; initiate modernization of the 
program for broadband; and constrain the growth of the program in order 
to reduce the burden on all who contribute to the Universal Service 
Fund.

DATES: These correcting amendments are effective June 28, 2012.

FOR FURTHER INFORMATION CONTACT: Kimberly Scardino, Wireline 
Competition Bureau, (202) 418-7400 or TTY: (202) 418-0484.

SUPPLEMENTARY INFORMATION: 

Background

    Part 54 rules are issued pursuant to the Communications Act of 
1934, as amended. The purpose of the part 54 rules is to implement 
section 254 of the Communications Act of 1934, as amended. 47 U.S.C. 
254. This action corrects the final regulation implemented at 
Sec. Sec.  54.407, 54.409, 54.410, 54.412, 54.416, 54.417, 54.420, and 
54.422, of the Commission's rules. 47 CFR 54.407, 54.409, 54.410, 
54.412, 54.416, 54.417, 54.420, and 54.422.

Need for Correction

    The March 2, 2012, Federal Register Summary (77 FR 12952) contains 
errors in certain final rules. This document corrects those errors.

List of Subjects in 47 CFR Part 54

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

    Accordingly, 47 CFR part 54 is corrected by making the following 
correcting amendments:

PART 54--UNIVERSAL SERVICE

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

    Authority:  U.S.C. 151, 154(i), 201, 205, 214, 219, 220, 254, 
303(r), 403, and 1302 unless otherwise noted.


Sec.  54.407  [Corrected]

0
2. In Sec.  54.407, paragraph (d), remove ``from each of the 
subscribers'' and add, in its place, ``for each of the subscribers.''

0
3. Amend Sec.  54.409 by revising paragraph (a)(3) to read as follows:


Sec.  54.409  Consumer qualification for Lifeline.

    (a) * * *
    (3) 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.
* * * * *

0
4. Amend Sec.  54.410 by revising paragraph (c)(1)(iii) to read as 
follows:


Sec.  54.410  Subscriber eligibility determination and certification.

* * * * *
    (c) * * *
    (1) * * *
    (iii) Must, consistent with Sec.  54.417, keep and maintain 
accurate records detailing the data source a carrier used to determine 
a subscriber's program-based eligibility or the documentation a 
subscriber provided to demonstrate his or her eligibility for Lifeline.
* * * * *


Sec.  54.410  [Corrected]

0
5. In Sec.  54.410, redesignate the second paragraph designated as 
(d)(3)(ii) through paragraph (d)(3)(viii) as (d)(3)(iii) through 
(d)(3)(ix).

0
6. Amend Sec.  54.412 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  54.412  Off reservation Tribal lands designation process.

    (a) The Commission's Wireline Competition Bureau and the Office of 
Native Affairs and Policy may, upon receipt of a request made in 
accordance with the requirements of this section, designate as Tribal 
lands, for the purposes of the Lifeline and Tribal Link Up program, 
areas or communities that fall outside the boundaries of existing 
Tribal lands but which maintain the same characteristics as lands 
identified as Tribal lands defined as in Sec.  54.400(e).
    (b) A request for designation must be made to the Commission by a 
duly authorized official of a federally recognized American Indian 
Tribe or Alaska Native Village.
* * * * *


Sec.  54.416  [Amended]

0
7. In Sec.  54.416, remove paragraph (a)(3).

0
8. Amend Sec.  54.417 by revising paragraph (c) to read as follows:


Sec.  54.417  Recordkeeping requirements.

* * * * *
    (c) Non-eligible-telecommunications-carrier resellers that purchase 
Lifeline discounted wholesale services to offer discounted services to 
low-income consumers must maintain records to document compliance with 
all Commission requirements governing the Lifeline and Tribal Link Up 
program for the three full preceding calendar years and provide that 
documentation to the Commission or Administrator upon request. To the 
extent such a reseller provides discounted services to low-income 
consumers, it must fulfill the obligations of an eligible 
telecommunications carrier in Sec. Sec.  54.405 and 54.410.

0
9. Amend Sec.  54.420 by revising paragraph (a)(5), to read as follows:


Sec.  54.420  Low income program audits.

    (a) * * *
    (5) 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.
* * * * *

0
10. Revise Sec.  54.422 to read as follows:


Sec.  54.422  Annual reporting for eligible telecommunications carriers 
that receive low-income support.

    (a) In order to receive support under this subpart, an eligible 
telecommunications carrier must annually report:
    (1) The company name, names of the company's holding company, 
operating companies and affiliates, and any branding (a ``dba,'' or 
``doing-business-as company'' or brand designation) as well as relevant 
universal service identifiers for each such entity by Study Area Code. 
For purposes of this paragraph, ``affiliates'' has the meaning set 
forth in section 3(2) of the Communications Act of 1934, as amended; 
and
    (2) Information describing the terms and conditions of any voice 
telephony service plans offered to Lifeline subscribers, including 
details on the number of minutes provided as part of the plan, 
additional charges, if any, for toll calls, and rates for each such 
plan. To the extent the eligible telecommunications carrier offers 
plans to Lifeline subscribers that are generally available to the 
public, it may provide summary information regarding such plans, such 
as a link to a public Web site outlining the terms and conditions of 
such plans.
    (b) In order to receive support under this subpart, a common 
carrier that is designated as an eligible telecommunications carrier 
under section 214(e)(6) of the Act and does not

[[Page 38535]]

receive support under subpart D of this part must annually provide:
    (1) Detailed information on any outage in the prior calendar year, 
as that term is defined in 47 CFR 4.5, of at least 30 minutes in 
duration for each service area in which the eligible telecommunications 
carrier is designated for any facilities it owns, operates, leases, or 
otherwise utilizes that potentially affect
    (i) At least ten percent of the end users served in a designated 
service area; or
    (ii) A 911 special facility, as defined in 47 CFR 4.5(e).
    (iii) Specifically, the eligible telecommunications carrier's 
annual report must include information detailing:
    (A) The date and time of onset of the outage;
    (B) A brief description of the outage and its resolution;
    (C) The particular services affected;
    (D) The geographic areas affected by the outage;
    (E) Steps taken to prevent a similar situation in the future; and
    (F) The number of customers affected.
    (2) The number of complaints per 1,000 connections (fixed or 
mobile) in the prior calendar year;
    (3) Certification of compliance with applicable service quality 
standards and consumer protection rules;
    (4) Certification that the carrier is able to function in emergency 
situations as set forth in Sec.  54.202(a)(2).
    (c) All reports required by this section must be filed with the 
Office of the Secretary of the Commission, and with the Administrator. 
Such reports must also be filed with the relevant state commissions and 
the relevant authority in a U.S. territory or Tribal governments, as 
appropriate.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2012-15626 Filed 6-27-12; 8:45 am]
BILLING CODE 6712-01-P