[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Rules and Regulations]
[Pages 34782-34783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11103]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket Nos. 17-287, 11-42, 09-197; FCC 17-155; FR ID 141908]


Bridging the Digital Divide for Low-Income Consumers, Lifeline 
and Link Up Reform and Modernization, Telecommunications Carriers 
Eligible for Universal Service Support

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) is issuing a final rule for the Lifeline program.

DATES: This rule is effective May 31, 2023. As of May 31, 2023, the 
amendments to 47 CFR 54.403(a)(3), 54.413, and 54.414(b), published 
January 16, 2018, at 83 FR 2075, are withdrawn,

FOR FURTHER INFORMATION CONTACT: Nicholas Page, [email protected], 
Telecommunications Access Policy Division, Wireline Competition Bureau, 
(202) 418-7400 or TTY: (202) 418-0484.

SUPPLEMENTARY INFORMATION: The Federal Communications Commission 
(Commission) adopted amendments to 47 CFR 54.403(a)(3), 54.413, and 
54.414(b) that were to become effective upon announcement in the 
Federal Register of OMB information collection approval (83 FR 2075, 
January 16, 2018) (FR Doc. 2018-00152). These amended rules were 
vacated by the Court of Appeals for the D.C. Circuit in National 
Lifeline Association v. Federal Communications Commission. 921 F.3d 
1102. Accordingly, revisions to Sec.  54.403(a)(3), third column on 
page 2084; Sec.  54.413, first column on page 2085; and Sec.  
54.414(b), second column on page 2085 are being withdrawn and these 
rules are reverting back to their prior version.

List of Subjects in 47 CFR Part 54

    Communications common carriers, Health facilities, Internet, 
Libraries, Reporting and recordkeeping requirements, Schools, and 
Telecommunications.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 54 to read as follows:

PART 54--UNIVERSAL SERVICE

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

    Authority:  47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220, 
229, 254, 303(r), 403, 1004, 1302, 1601-1609, and 1752, unless 
otherwise noted.


0
2. Amend Sec.  54.403 by revising paragraph (a)(3) to read as follows:


Sec.  54.403  Lifeline support amount.

* * * * *
    (a) * * *
    (3) Tribal lands support amount. Additional Federal Lifeline 
support of up to $25 per month will be made available to an eligible 
telecommunications carrier providing Lifeline service to an eligible 
resident of Tribal lands, as defined in Sec.  54.400(e), to the extent 
that the eligible telecommunications carrier certifies to the 
Administrator that it will pass through the full Tribal lands support 
amount to the qualifying eligible resident of Tribal lands and that it 
has received any non-Federal regulatory approvals necessary to 
implement the required rate reduction.
* * * * *

0
3. Revise Sec.  54.413 to read as follows:


Sec.  54.413  Link Up for Tribal lands.

    (a) Definition. For purposes of this subpart, the term ``Tribal 
Link Up'' means an assistance program for eligible residents of Tribal 
lands seeking telecommunications service from a telecommunications 
carrier that is receiving high-cost support on Tribal lands, pursuant 
to subpart D of this part, that provides:
    (1) A 100 percent reduction, up to $100, of the customary charge 
for commencing telecommunications service for a single 
telecommunications connection at a subscriber's principal place of 
residence imposed by an eligible telecommunications carrier that is 
also receiving high-cost support on Tribal lands, pursuant to subpart D 
of this part. For purposes of this subpart, a ``customary charge for 
commencing telecommunications service''' is the ordinary charge an 
eligible telecommunications carrier imposes and collects from all 
subscribers to initiate service with that eligible telecommunications 
carrier. A charge imposed only on qualifying low-income consumers to 
initiate service is not a customary charge for commencing 
telecommunications service. Activation charges routinely waived, 
reduced, or eliminated with the purchase of additional products, 
services, or minutes are not customary charges

[[Page 34783]]

eligible for universal service support; and
    (2) A deferred schedule of payments of the customary charge for 
commencing telecommunications service for a single telecommunications 
connection at a subscriber's principal place of residence imposed by an 
eligible telecommunications carrier that is also receiving high-cost 
support on Tribal lands, pursuant to subpart D of this part, for which 
the eligible resident of Tribal lands does not pay interest. The 
interest charges not assessed to the eligible resident of Tribal lands 
shall be for a customary charge for connecting telecommunications 
service of up to $200 and such interest charges shall be deferred for a 
period not to exceed one year.
    (b) An eligible resident of Tribal lands may receive the benefit of 
the Tribal Link Up program for a second or subsequent time only for 
otherwise qualifying commencement of telecommunications service at a 
principal place of residence with an address different from the address 
for which Tribal Link Up assistance was provided previously.

0
4. Amend Sec.  54.414 by revising paragraph (b) to read as follows:


Sec.  54.414  Reimbursement for Tribal Link Up.

* * * * *
    (b) In order to receive universal support reimbursement for 
providing Tribal Link Up, eligible telecommunications carriers must 
follow the procedures set forth in Sec.  54.410 to determine an 
eligible resident of Tribal lands' initial eligibility for Tribal Link 
Up. Eligible telecommunications carriers must obtain a certification 
form from each eligible resident of Tribal lands that complies with 
Sec.  54.410 prior to enrolling him or her in Tribal Link Up.
* * * * *
[FR Doc. 2023-11103 Filed 5-30-23; 8:45 am]
BILLING CODE 6712-01-P