[Federal Register: July 21, 2008 (Volume 73, Number 140)]
[Rules and Regulations]
[Page 42273-42274]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy08-8]

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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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