[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR54.409]

[Page 135]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 54_UNIVERSAL SERVICE--Table of Contents
 
      Subpart E_Universal Service Support for Low-Income Consumers
 
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 must participate in one of 
the following federal assistance programs: Medicaid; food stamps; 
Supplemental Security Income; federal public housing assistance; and 
Low-Income Home Energy Assistance Program. In a state that does not 
mandate state Lifeline support, each eligible telecommunications carrier 
providing Lifeline service to a qualifying, low-income consumer must 
obtain that consumer's signature on a document certifying under penalty 
of perjury that the consumer receives benefits from one of the programs 
listed in this paragraph and identifying the program or programs from 
which that consumer receives benefits. On the same document, a 
qualifying low-income consumer also must agree to notify the carrier if 
that consumer ceases to participate in the program or programs.
    (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.

[65 FR 47905, Aug. 4, 2000, as amended at 68 FR 41942, July 16, 2003]