FCC 54.409 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 54.409 Consumer qualification for Lifeline.
(a) To qualify to receive Lifeline service in a state that mandates state
Lifeline support, a consumer must meet the eligibility criteria established
by the state commission for such support. The state commission shall
establish narrowly targeted qualification criteria that are based solely on
income or factors directly related to income. A state containing geographic
areas included in the definition of “reservation” and “near reservation,” as
defined in Sec. 54.400(e), must ensure that its qualification criteria are
reasonably designed to apply to low-income individuals living in such areas.
(b) To qualify to receive Lifeline service in a state that does not mandate
state Lifeline support, a consumer's income, as defined in Sec. 54.400(f), must
be at or below 135% of the Federal Poverty Guidelines or a consumer must
participate in one of the following federal assistance programs: Medicaid;
Food Stamps; Supplemental Security Income; Federal Public Housing Assistance
(Section 8); Low-Income Home Energy Assistance Program; National School
Lunch Program's free lunch program; or Temporary Assistance for Needy
Families.
(c) A consumer that lives on a reservation or near a reservation, but does
not meet the qualifications for Lifeline specified in paragraphs (a) and (b)
of this section, nonetheless shall be a “qualifying low-income consumer” as
defined in Sec. 54.400(a) and thus an “eligible resident of Tribal lands” as
defined in Sec. 54.400(e) and shall qualify to receive Tiers One, Two, and Four
Lifeline service if the individual participates in one of the following
federal assistance programs: Bureau of Indian Affairs general assistance;
Tribally administered Temporary Assistance for Needy Families; Head Start
(only those meeting its income qualifying standard); or National School
Lunch Program's free lunch program. Such qualifying low-income consumer
shall also qualify for Tier-Three Lifeline support, if the carrier offering
the Lifeline service is not subject to the regulation of the state and
provides carrier-matching funds, as described in Sec. 54.403(a)(3). To receive
Lifeline support under this paragraph for the eligible resident of Tribal
lands, the eligible telecommunications carrier offering the Lifeline service
to such consumer must obtain the consumer's signature on a document
certifying under penalty of perjury that the consumer receives benefits from
at least one of the programs mentioned in this paragraph or paragraph (b) of
this section, and lives on or near a reservation, as defined in Sec. 54.400(e).
In addition to identifying in that document the program or programs from
which that consumer receives benefits, an eligible resident of Tribal lands
also must agree to notify the carrier if that consumer ceases to participate
in the program or programs. Such qualifying low-income consumer shall also
qualify for Tier-Three Lifeline support, if the carrier offering the
Lifeline service is not subject to the regulation of the state and provides
carrier-matching funds, as described in Sec. 54.403(a)(3).
(d) In a state that does not mandate state Lifeline support, each eligible
telecommunications carrier providing Lifeline service to a qualifying
low-income consumer pursuant to paragraphs (b) or (c) of this section must
obtain that consumer's signature on a document certifying under penalty of
perjury that:
(1) The consumer receives benefits from one of the programs listed in
paragraphs (b) or (c) of this section, and identifying the program or
programs from which that consumer receives benefits, or
(2) The consumer's household meets the income requirement of paragraph (b)
of this section, and that the presented documentation of income, as
described in Sec. Sec. 54.400(f), 54.410(a)(ii), accurately represents the
consumer's household income; and
(3) The consumer will notify the carrier if that consumer ceases to
participate in the program or programs or if the consumer's income exceeds
135% of the Federal Poverty Guidelines.
[ 65 FR 47905 , Aug. 4, 2000, as amended at 68 FR 41942 , July 16, 2003; 69 FR 34600 , June 22, 2004]
Effective Date Note: At 69 FR 34600 , June 22, 2004, Sec. 54.409 paragraph (d)
was added. This paragraph contains information collection and recordkeeping
requirements and will not become effective until approval has been given by
the Office of Management and Budget.
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