[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR54.409]

[Page 131-132]
 
                       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'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

[[Page 132]]

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.