[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Notices]
[Pages 39241-39243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16125]



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FEDERAL COMMUNICATIONS COMMISSION


Information Collection(s) Being Reviewed by the Federal 
Communications Commission, Comments Requested

AGENCY: Federal Communications Commission.

ACTION: Notice; request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burden 
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 
3502-3520), the Federal Communications Commission invites the general 
public and other Federal agencies to take this opportunity to comment 
on the following information collection(s). Comments are requested 
concerning: whether the proposed collection of information is necessary 
for the proper performance of the functions of the Commission, 
including whether the information shall have practical utility; the 
accuracy of the Commission's burden estimates; ways to enhance the 
quality, utility, and clarity of the information collected; ways to 
minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology; and ways to further reduce the 
information collection burden on small business concerns with fewer 
than 25 employees.
    The FCC may not conduct or sponsor a collection of information 
unless it displays a currently valid OMB control number. No person 
shall be subject to any penalty for failing to comply with a collection 
of information subject to the Paperwork Reduction Act (PRA) that does 
not display a valid OMB control number.

DATES: Written Paperwork Reduction Act (PRA) comments should be 
submitted on or before August 31, 2012. If you anticipate that you will 
be submitting PRA comments, but find it difficult to do so within the 
period of time allowed by this notice, you should advise the FCC 
contact listed below as soon as possible.

ADDRESSES: Submit your PRA comments to Judith B. Herman, Federal 
Communications Commission, via the Internet at [email protected]. 
To submit your PRA comments by email send them to: [email protected].

FOR FURTHER INFORMATION CONTACT: Judith B. Herman, Office of Managing 
Director, FCC, at 202-418-0214.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-0819.
    Title: Lifeline and Link Up Reform and Modernization, Advancing 
Broadband Availability Through Digital Literacy Training.
    Form Number: FCC Form 497; Low-Income Broadband Pilot Program 
Reporting Form; Low-Income Broadband Pilot Program Participation Form; 
and FCC Form 555, Annual Lifeline Eligible Telecommunications Carrier 
Certification Form.
    Type of Review: Revision of a currently approved collection.
    Respondents: Individuals or households and business or other for-
profit institutions.
    Number of Respondents and Responses: 16,100,940 respondents; 
41,828,019 responses.
    Estimated Time per Response: .58 hours.
    Frequency of Response: On occasion reporting requirement and third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits.
    Total Annual Burden: 24,185,658 hours.
    Total Annual Cost: N/A.
    Privacy Act Impact Assessment: The Commission adopted rules that 
affect individuals or households, and thus, there are impacts under the 
Privacy Act. As required by the Privacy Act of 1974, as amended, 5 
U.S.C. 552a, the Commission will create a system of records notice 
(SORN) to cover the collection, storage, maintenance, and disposal 
(when appropriate) of any personally identifiable information that the 
Commission may collect as part of the information collection.
    Nature and Extent of Confidentiality: The Commission is not 
requesting that respondents submit confidential information to the FCC. 
However, respondents may request confidential treatment of their 
information under 47 CFR 0.459 http://web2.westlaw.com/find/default.wl?mt=FederalGovernment&db=1000547&docname=47CFRS0.459&rp=%2ffind%2fdefault.wl&findtype=L&ordoc=0346209484&tc=-1&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=B87EBF2A&rs=WLW12.04 of the Commission's rules.
    Needs and Uses: This collection is being submitted as a revision to 
a currently approved collection. In January 2012, the Commission 
adopted an order reforming and modernizing its Lifeline universal 
service program. Lifeline and Link-Up Reform and Modernization; 
Lifeline and Link-Up; Federal-State Joint Board on Universal Service; 
Advancing Broadband Availability Through Digital Literacy Training, WC 
Docket Nos. 11-42, 03-109, 12-23; CC Docket No. 96-45, FCC 12-11. The 
Commission seeks extension of previously approved requirements and 
approval of additional reforms adopted in this order.
    Previously Approved Collection Requirements. The order makes a 
number of changes to the Lifeline program, which was approved by OMB on 
April 13, 2012. The Commission seeks an extension of these previously 
approved requirements. Specifically, the order established an interim 
flat rate for reimbursement for non-Tribal Lifeline support and 
adjusted the amount of support for TLS and Link Up. These changes 
necessitated the need for USAC to revise its FCC Form 497. 
Additionally, the order reduces the window by which ETCs must file 
revisions or original FCC Form 497 submissions from 15 months from the 
end of the calendar year to a rolling 12 month window. ETCs will also 
now be required to file the FCC Form 497 monthly rather than having the 
option of filing either monthly or quarterly. The Commission also will 
accelerate USAC's payment of low-income support for carriers filing the 
FCC Form 497 electronically by a monthly deadline.
    The order also adopts a rule, section 54.422, whereby ETCs 
providing Lifeline services to low-income consumers must include 
information regarding the company's holding company, operating 
companies, affiliates, and any branding in their annual reports to the 
Commission. In addition, all ETCs receiving low-income support are 
required to annually provide to the Commission and USAC general 
information regarding their Lifeline plans for voice telephony service 
offered specifically for low-income consumers.
    The order requires ETCs (or the state administrator, where 
applicable) to check the program-based eligibility of new Lifeline 
subscribers at enrollment by accessing available state or federal 
eligibility databases. Where the underlying program eligibility data 
cannot be accessed, the Commission requires new Lifeline subscribers to 
provide documentation of program-based eligibility, which the entity 
enrolling the subscriber should review (but not retain). Low-income 
consumers who qualify based on income are also required to provide 
documentation. Under 47 CFR 54.410(d), ETCs, or the state 
administrator, where applicable, are required to collect an executed 
certification form from each qualifying low-income consumer that 
includes consumer identifying information and attestation from the 
consumer that they understand the purpose of the Lifeline program and 
their responsibilities in

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receiving the discounted service. The order also adopts a rule, 47 CFR 
54.410(d)(3)(iii), whereby Lifeline consumers have 30 days from moving 
to a new address within which to notify their respective ETCs of the 
change of residential address.
    The order replaces the existing verification rule contained in 47 
CFR 54.409 (c) with a new rule, 47 CFR 54.410(f) requiring ETCs to 
confirm the eligibility of all their Lifeline subscribers on an annual 
basis. Carriers may fulfill this requirement by querying a database 
maintained by a state agency or third party for that purpose, when 
applicable. This new rule, in conjunction with 47 CFR 54.405(e)(4), 
also requires that consumers who do not respond to annual re-
certification attempts must be de-enrolled from the Lifeline program 
(and the database must be updated accordingly).
    The order directs USAC to continue with the Duplicate Resolution 
Process by identifying and resolving duplicative Lifeline claims in 
states identified by the Wireline Competition Bureau. ETCs are required 
to supply subscriber lists and de-enroll subscribers found to be 
duplicates.
    The order also adopts a national database to detect and eliminate 
duplicative Lifeline and Link-Up support. With respect to populating 
the duplicates database, the Commission adopts a rule requiring ETCs, 
prior to transmission to the administrator, to verify and standardize 
the relevant data, and transmit the relevant data to the database 
administrator in the format prescribed.
    The order also adopts rules with respect to maintaining the 
duplicates database. When notified of any change of information, ETCs 
are required to update the duplicates database within 10 business days. 
In addition, ETCs are required to update the database within one 
business day of de-enrollment of any consumer. The Commission seeks an 
extension of these previously approved requirements regarding the 
verification, certification and re-certification requirements, 
including use of databases and participation in the duplicates process.
    The order adopts a rule, 47 CFR 54.405(e)(3), requiring pre-paid 
ETCs offering service to subscribers for free to de-enroll subscribers 
who fail to ``use'' the service (as that term is defined in the order) 
within 60 consecutive days and update the duplicates database within 
one business day of such de-enrollment. As described above, ETCs must 
report the number of consumers de-enrolled every month on the revised 
FCC Form 497. The Commission seeks an extension of these previously 
approved requirements.
    The order also implements a rule allowing ETCs and state agencies 
to obtain Lifeline subscriber certifications electronically, including 
through the use of interactive voice response systems, in compliance 
with the requirements of the E-Sign Act and the Government Paperwork 
Elimination Act. The E-Sign Act allows the use of electronic records to 
satisfy Commission regulations requiring that such information be 
provided in writing, if the consumer has affirmatively consented to 
such use and has not withdrawn such consent. This rule will reduce the 
paperwork burden for ETCs and state agencies.
    The order requires USAC to revise its existing oversight program 
(the Beneficiary Compliance Audit and Payment Quality Assurance 
programs) in light of the new rules. In the order, the Commission 
modifies the audit requirements of 47 CFR 54.420(b) by requiring USAC 
to conduct audits of new ETCs within the first twelve months of their 
seeking federal low-income Universal Service Fund support within any 
single state to ensure their compliance with the rules as well as 
assess the company's internal controls regarding the regulatory 
requirements. The Commission seeks an extension of these previously 
approved audit requirements for new ETCs.
    In the order, the Commission forbears from applying the Act's 
facilities requirement of section 214(e)(1)(A) to all 
telecommunications carriers that seek limited ETC designation to 
participate in the Lifeline program, subject to certain conditions. 
Specifically, each carrier must (i) comply with certain 911 
requirements; and (ii) file, subject to Bureau approval, a compliance 
plan providing specific information regarding the carrier's service 
offerings and outlining the measures the carrier will take to implement 
the obligations contained in the order.
    In the order, the Commission makes several modifications to the 
existing rules regarding designation of Lifeline-only ETCs to eliminate 
waste and inefficiency, and to increase accountability in the program. 
The Commission amends section 54.202 to clarify that Lifeline-only ETCs 
are not required to submit a five-year improvement plan as part of its 
application for designation.
    The order also amends section 54.202 by requiring carriers seeking 
to be designated as a Lifeline-only ETC to demonstrate their technical 
and financial capacity to provide the supported services. Additionally, 
in the order the Commission amends section 54.202 to require every ETC 
receiving low-income support to annually provide to the Commission and 
USAC general information regarding their Lifeline plans for voice 
telephony service offered specifically for low-income consumers. 
Finally, section 54.202 requires that a carrier seeking to be 
designated as an ETC certify that it will comply with the service 
requirements applicable to the support that it receives. The Commission 
seeks an extension of these previously approved requirements regarding 
the blanket forbearance grant for non-facilities-based carriers and the 
specific requirements to be designated as a Lifeline-only ETC.
    The order establishes a broadband pilot program aimed at generating 
statistically significant data that will allow the Commission, ETCs, 
and the public to analyze the effectiveness of different approaches to 
using Lifeline funds to making broadband more affordable for low-income 
Americans while providing support that is sufficient but not excessive. 
The order directs the Wireline Competition Bureau to release a Public 
Notice setting forth the application requirements for ETCs that intend 
on submitting an application to participate in the pilot program, which 
will be due July 2, 2012. The Commission seeks an extension of these 
previously approved requirements regarding the collection of 
information to be included in applications and participation in the 
broadband pilot program.
    Revised Information Collection Requirements. The Commission seeks 
OMB approval to revise the information collection as follows.
    The order requires that ETCs report the results of their annual 
recertification process to USAC utilizing the Annual Lifeline Eligible 
Telecommunications Carrier Certification Form, FCC Form 555.
    The order adopts a rule, 47 CFR 54.405(c), requiring all ETCs to 
include plain, easy-to-understand language in all of their Lifeline 
marketing materials to explain to consumers that the offering is a 
Lifeline supported-service; that Lifeline is a government assistance 
program; that only eligible consumers may enroll in the program; what 
documentation is necessary for enrollment; and that the program is 
limited to one benefit per household, consisting of either a wireline 
or wireless service. Additionally, the order requires ETCs to disclose 
the company name under which it does business and the details of its 
Lifeline service offerings in its Lifeline-related

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marketing and advertising. ETCs are required to explain that Lifeline 
is a government benefit program, and consumers who willfully make false 
statements in order to obtain the benefit can be punished by fine or 
imprisonment or can be barred from the program. The Commission seeks 
approval of these marketing requirements as adopted in the order.
    The order further modifies the audit requirements of 47 CFR 
54.420(a) by adopting a new requirement whereby ETCs drawing more than 
an aggregate of $5 million annually from the Lifeline fund, on a 
holding company basis, must conduct biennial independent audits and 
present audit reports to the Administrator, the Commission, and any 
applicable state or Tribal government agency within 90 days of the 
issuance of the audit report. The Commission seeks approval of the 
biennial audit requirements as adopted in the order.
    The order authorizes up to $25 million for funding of the Broadband 
Pilot Program to be disbursed directly to ETCs for up to 12 months of 
subsidized broadband service either through bundles of voice and 
broadband services or as standalone broadband service. To receive 
reimbursement for approved subsidies, ETCs selected to participate in 
the Broadband Pilot Program will have to complete the Low Income 
Broadband Reimbursement Form on a monthly basis and submit to USAC (i) 
any monthly discount of broadband service; (ii) applicable discount 
amount for voice telephony service if the broadband subscriber is also 
subscribing to voice telephony service under the Lifeline program; and 
(iii) any non-recurring fees for broadband provided to subscribers 
participating in the Pilot Program and approved as part of the pilot 
program. The Commission seeks approval of the Low Income Broadband 
Reimbursement Form for carriers participating in the pilot program.
    The order also requires ETCs selected to participate in the Pilot 
Program to commit to data gathering and sharing of subscribers' 
anonymized data. USAC will be tasked with collecting data from ETCs 
regarding the ETCs' projects, and subscriber demographics and broadband 
usage pursuant to a uniform set of questions set forth in the Low 
Income Broadband Pilot Program Reporting Form. ETCs may collect the 
data from subscribers themselves and submit to USAC, or may request 
that USAC collect the subscriber data directly from ETCs' subscribers. 
The Commission seeks approval of the Low Income Broadband Pilot Program 
Reporting Form to be used by participants in the pilot program.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2012-16125 Filed 6-29-12; 8:45 am]
BILLING CODE 6712-01-P