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FEDERAL COMMUNICATIONS COMMISSION

Federal Communications Commission

CFR Citation: 47 CFR Part 54

FCC ID: [FCC 04-87]

NOTICE: RULES

DOCUMENT ACTION: Correcting amendments.

SUBJECT CATEGORY: AGENCY: Federal Communications Commission.

DATES: Effective July 21, 2008.

DOCUMENT 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.

SUMMARY: Universal Service Support for Low-Income Consumers; Correction,


SUPPLEMENTAL 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 lowincome 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.
Accordingly, 47 CFR Part 54, Subpart E is corrected by making the following correcting amendments:
PART 54UNIVERSAL SERVICE FOR LOWINCOME CONSUMERS
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.
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) Selfcertifications. After income certification procedures are implemented, eligible telecommunications carriers and consumers are required to make certain selfcertifications, under penalty of perjury, relating to the Lifeline program. Eligible telecommunications carriers must retain records of their selfcertifications 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 programbased eligibility criteria must prove their continued eligibility by presenting in person or sending a copy of their Lifelinequalifying public assistance card and selfcertifying, 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 incomebased eligibility criteria must prove their continued eligibility by presenting current income documentation consistent with the incomecertification process in Sec. 54.410(a)(2). These subscribers must also selfcertify, 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. E816608 Filed 71808; 8:45 am]
BILLING CODE 671201P

FOR FURTHER INFORMATION CONTACT Dana Bradford, Telecommunications Access Policy Division, Wireline Competition Bureau, (202) 4187400.


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