Further Inquiry Into Four Issues in the Universal Service Lifeline/Link Up Reform and Modernization Proceeding, 50969-50971 [2011-20847]
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Federal Register / Vol. 76, No. 159 / Wednesday, August 17, 2011 / Proposed Rules
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Dated: August 5, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation
Administrator, Mitigation, Department of
Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2011–20866 Filed 8–16–11; 8:45 am]
BILLING CODE 9110–12–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket Nos. 03–109 and 11–42; CC
Docket No. 96–45; DA 11–1346]
Further Inquiry Into Four Issues in the
Universal Service Lifeline/Link Up
Reform and Modernization Proceeding
Federal Communications
Commission.
ACTION: Proposed rule; solicitation of
comments.
AGENCY:
The Federal Communications
Commission (Commission) sought
public comment on proposed reforms
that would assist the Commission in
assessing strategies to increase
broadband adoption, without increasing
overall program size. Based on the
current record in this proceeding, four
issues in particular merit further
inquiry. In this document, the
Commission seeks further inquiry on
four issues: designing and implementing
a Lifeline/Link Up broadband pilot
program to evaluate whether and how
Lifeline/Link Up can effectively support
broadband adoption by low-income
households; limiting the availability of
Lifeline support to one discount per
residential address; revising the
definition of Link Up service, as well as
the possible reduction of the $30
reimbursement amount for Link Up
support; and improving methods for
verifying continued eligibility for the
program. The Commission believes that
this analysis would benefit from further
development of these issues in the
record, and therefore seek further
comment focused on these areas.
DATES: Comments are due on or before
August 26, 2011. Reply comments are
due on or before September 2, 2011.
ADDRESSES: Interested parties may file
comments and reply comments on or
before the dates indicated above. All
comments are to reference WC Docket
Nos. 11–42, 03–109, and CC Docket No.
96–45 and may be filed using: (1) The
Commission’s Electronic Comment
Filing System (ECFS) or (2) by filing
Emcdonald on DSK2BSOYB1PROD with PROPOSALS
SUMMARY:
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paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121, May 1, 1998.
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://
fjallfoss.fcc.gov/ecfs2/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number.
Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St., SW., Room TW–A325,
Washington, DC 20554. The filing hours
are 8 a.m. to 7 p.m. All hand deliveries
must be held together with rubber bands
or fasteners. Any envelopes must be
disposed of before entering the building.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street, SW.,
Washington, DC 20554.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty). For detailed instructions
for where and how to file comments, see
the SUPPLEMENTARY INFORMATION section
of this document.
FOR FURTHER INFORMATION CONTACT:
Jamie Susskind, Attorney Advisor,
Wireline Competition Bureau,
Telecommunications Access Policy
Division, (202) 418–7400 or TTY (202)
418–0484.
SUPPLEMENTARY INFORMATION: To
comprehensively reform and modernize
the universal service Lifeline and Link
Up programs in light of recent
technological, market, and regulatory
changes, on March 4, 2011 the
Commission released the 2011 Lifeline
and Link Up Notice of Proposed
Rulemaking (NPRM or 2011 Lifeline and
PO 00000
Frm 00041
Fmt 4702
Sfmt 4702
50969
Link Up NPRM), 76 FR 16482, March
23, 2011. The NPRM sought public
comment on proposed reforms that
would significantly bolster protections
against waste, fraud, and abuse; control
the size of the program; strengthen
program administration and
accountability; improve enrollment and
outreach efforts; and support pilot
programs that would assist the
Commission in assessing strategies to
increase broadband adoption, without
increasing overall program size. Based
on the current record in this proceeding,
four issues in particular merit further
inquiry: designing and implementing a
Lifeline/Link Up broadband pilot
program to evaluate whether and how
Lifeline/Link Up can effectively support
broadband adoption by low-income
households; limiting the availability of
Lifeline support to one discount per
residential address; revising the
definition of Link Up service, as well as
the possible reduction of the $30
reimbursement amount for Link Up
support; and improving methods for
verifying continued eligibility for the
program. We believe that the
Commission’s analysis would benefit
from further development of these
issues in the record, and therefore seek
further comment focused on these areas.
1. Broadband Pilot Program
a. Scope of Permissible Funding. We
seek comment on the Commission’s
statutory authority to permit universal
service funds to be used for such
purposes, directly or indirectly, and
what other legal considerations must be
addressed before the Commission
proceeds with a broadband pilot
program.
b. Consumer Eligibility for Pilot
Program. We seek additional focused
comment specifically on whether to
maintain the current eligibility
requirements for consumers
participating in the pilot program that
are currently used in the low-income
program, or whether to adopt stricter or
more permissive eligibility requirements
for those consumers. How might
adjusting the eligibility criteria affect
our ability to maximize broadband
adoption while providing support that
is sufficient, but not excessive? How
would it affect the reliability and
statistical significance of the results of
the pilot program? How would it help
the pilot programs yield better data on
how to accomplish our goals of
maximizing adoption in low-income
communities?
c. Barriers to Consumer Participation
in Pilots. The National Association of
Regulatory Utility Commissioners
supports a Lifeline/Link Up broadband
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17AUP1
Emcdonald on DSK2BSOYB1PROD with PROPOSALS
50970
Federal Register / Vol. 76, No. 159 / Wednesday, August 17, 2011 / Proposed Rules
pilot program and urges the
Commission not to require Lifeline/Link
Up broadband service pilot program
participants to change local telephone
service providers, purchase bundled
broadband and voice services, or
otherwise be penalized when they
purchase Lifeline and Link Up
broadband services and enabling access
devices. Commenters should address
whether and how the Commission could
implement those recommendations.
Commenters are encouraged to provide
a legal analysis to support their
positions.
d. Pilot Evaluation. We invite further
comment on the structure of the pilot
projects, how to evaluate the results of
pilot projects, and what reporting
requirements should be adopted for
pilot participants.
i. Should the Commission structure
the pilot program so that each
individual participant tests multiple
design elements (e.g,, price of the
service, length of the offer, service type,
kind of device connected to the
broadband, etc.), or should each
participant test a single variable for
comparison against pilots operated by
other participants?
ii. The NPRM recognized that the cost
of equipment is a major barrier to
broadband adoption, and proposed to
require at least some participants to
provide the necessary hardware. It also
proposed to test the impact of variations
in equipment discounts. Should we also
test the impact on adoption and
broadband retention when equipment is
leased, as opposed to purchased?
iii. What quantitative metrics could
the Commission use to evaluate whether
approaches tested during the pilot
program further the proposed goals of
supporting broadband adoption for lowincome households and making
broadband affordable while providing
support that is sufficient, but not
excessive? For instance, should we
assess the total number of new adopters;
new adopters as a percentage of eligible
program participants; cost of support for
each new adopter; average percentage of
participants’ discretionary income spent
on discounted broadband service
through the pilot relative to the national
average percentage of household
discretionary income spent on
broadband; and/or some other metric(s)?
iv. How could we evaluate the relative
impact of the service discount compared
to other potential factors that could be
part of a comprehensive strategy to
increase broadband adoption, such as
the provision of training or equipment?
The Commission proposed to develop
information about the cost per
participant and cost per new adopter
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Jkt 223001
through the pilot program. This
information could assist the
Commission in assessing the costs and
benefits of particular approaches to
whether broadband should be
supported, and if so, how. We seek
further comment on this proposal and
whether there are other types of data
that the Commission should review to
evaluate whether a given approach
would provide support that is sufficient
but not excessive.
2. One-Per-Residence Limitation
In the 2011 Lifeline and Link Up
NPRM, the Commission proposed to
codify a rule that would allow eligible
low-income consumers to receive only
one Lifeline and Link Up discount per
residential address, and sought
comment on related issues.
a. Defining ‘‘Household’’ or
‘‘Residence’’. We seek focused comment
on whether a one-per-household or oneper-family rule would provide an
administratively feasible approach to
providing Lifeline/Link Up support, and
how the Commission could implement
such a rule.
i. Commenters recommend that the
Commission adopt a definition of
‘‘household’’ that mirrors the definitions
used to establish eligibility for other
Federal benefit programs or used by
other Federal agencies. We seek
comment on whether any of these
definitions, such as the definition of
‘‘household’’ used to establish eligibility
for the Low Income Home Energy
Assistance Program (LIHEAP) or the
definition used by the U.S. Census
Bureau for surveying purposes, would
provide an administratively feasible
option for the Commission to employ to
define who is eligible for Lifeline/Link
Up support.
ii. We seek comment on whether, if
the Commission ultimately adopts a
one-per-household rule (or a one-perresidential-address rule), requiring all
ETCs to utilize similar procedures when
signing up applicants in unique living
situations would be an effective means
of ensuring compliance with such a
rule.
iii. MFY Legal Services recommends
that the Commission use room numbers
and, if applicable, bed numbers to serve
as potentially unique address identifiers
for residents of group living facilities.
We seek comment on this
recommendation. If implemented, what
types of information could constitute
unique address identifiers? Who should
be responsible for providing such
information to the ETC—the consumer
or the group living facility? Are there
group living situations where a unique
identifier would not be available, for
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
example a shelter that houses all of its
residents in a single room?
b. Exceptions or Waivers from the
‘‘One-Per-Household’’ or ‘‘One-PerResidential-Address’’ Rule. On May 25,
2011, MFY Legal Services filed an ex
parte presentation that included a copy
of the National Telecommunications
and Information Administration’s
(NTIA) rule providing a limited waiver
of the household-based eligibility
process for the Digital-to-Analog
Converter Box Coupon Program to allow
applications from individuals residing
in nursing homes, intermediate care
facilities, and assisted living facilities.
The NTIA rule waived the one-perresidence requirement for individuals
residing in nursing homes, intermediate
care facilities, and assisted living
facilities licensed by a state, as well as
individuals using post office boxes for
mail receipt. Third party designees,
such as facility administrators and
family members, were also allowed to
apply on behalf of residents. We seek
comment on whether that rule could
serve as a model for how to address
such situations in the context of the
low-income program. If the Commission
were to adopt a similar rule, what
information should applicants be
required to provide to demonstrate they
reside in such a facility?
c. One-per-person for Tribal
Residents. Smith Bagley provides
further calculations in its comments as
to the costs associated with providing
enhanced Lifeline service to one
additional adult per household on
Tribal lands. Smith Bagley projected
that, assuming a 100% take rate, the cost
of providing this additional funding
would be $77.7 million per year, or just
under one percent of the current size of
the overall universal service fund. We
seek comment on the analysis provided
by Smith Bagley.
3. Link Up
The NPRM addressed a number of
issues regarding Link Up reimbursement
for voice services.
a. Sprint states that the costs
associated with initiating phone service
have fallen, noting that ‘‘the everincreasing level of automation has
reduced the cost of initiating service,’’
and proposes that Link Up support be
limited or eliminated. We seek comment
on this proposal.
b. We seek further focused comment
on whether the Commission should
provide reimbursement for Link Up
only for service initiations that involve
the physical installation of facilities by
the provider at the consumer’s
residence.
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Federal Register / Vol. 76, No. 159 / Wednesday, August 17, 2011 / Proposed Rules
Emcdonald on DSK2BSOYB1PROD with PROPOSALS
4. Verification of Consumer Eligibility
for Lifeline—Sampling Methodology
In the 2011 Lifeline and Link Up
NPRM, the Commission proposed to
amend § 54.410 of its rules to establish
a uniform methodology for conducting
verification sampling that would apply
to all ETCs in all states. The NPRM also
asked commenters to consider two
proposals for modifying the existing
sampling methodology to more
effectively balance the need for an
administratively feasible sampling
methodology with the Commission’s
obligation to ensure that ineligible
consumers do not receive Lifeline/Link
Up benefits. We invite additional
comment on this issue.
a. With respect to the Commission’s
sample-and-census proposal, could the
Commission implement it in a way that
would be more easily administrable for
ETCs, particularly ETCs with a small
number of Lifeline subscribers?
b. TCA proposes that, if the
Commission adopts a sample-andcensus rule, carriers with a small
number of Lifeline subscribers should
be required to sample fewer consumers
than ETCs with a larger number of
Lifeline subscribers. We seek comment
on this proposal. Should the
Commission consider a smaller sample
size for ETCs with a small number of
Lifeline customers in a given state?
What number of respondents could
ETCs with a smaller number of Lifeline
customers feasibly sample in a given
year, keeping in mind that reducing the
required number of respondents could
result in larger margins of error?
c. Alternatively, should carriers with
a small number of Lifeline subscribers
be required to sample only a specified
percentage of their customer base? What
would be a reasonable percentage in
such cases?
This matter shall be treated as a
‘‘permit-but-disclose’’ proceeding in
accordance with the Commission’s ex
parte rules. Persons making oral ex
parte presentations are reminded that
memoranda summarizing the
presentations must contain summaries
of the substance of the presentation and
not merely a listing of the subjects
discussed. More than a one or two
sentence description of the views and
arguments presented generally is
required. Other rules pertaining to oral
and written ex parte presentations in
permit-but-disclose proceedings are set
forth in § 1.1206(b) of the Commission’s
rules.
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Federal Communications Commission.
Trent Harkrader,
Division Chief, Wireline Competition Bureau.
[FR Doc. 2011–20847 Filed 8–16–11; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–ES–2011–0055; MO
92210–0–0008]
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To List the Leona’s Little Blue
Butterfly as Endangered or Threatened
Fish and Wildlife Service,
Interior.
ACTION: Notice of petition finding and
initiation of status review.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce a
90-day finding on a petition to list the
Leona’s little blue butterfly, Philotiella
leona, as threatened or endangered
under the Endangered Species Act of
1973, as amended (Act), and to
designate critical habitat. Based on our
review, we find that the petition
presents substantial scientific or
commercial information indicating that
listing the Leona’s little blue butterfly
may be warranted. Therefore, with the
publication of this notice, we are
initiating a review of the status of the
species to determine if listing the
Leona’s little blue butterfly is
warranted. To ensure that this status
review is comprehensive, we are
requesting scientific and commercial
data and other information regarding
this species. Based on the status review,
we will issue a 12-month finding on the
petition, which will address whether
the petitioned action is warranted, as
provided in the Act.
DATES: To allow us adequate time to
conduct this review, we request that we
receive information on or before October
17, 2011. The deadline for submitting an
electronic comment using the Federal
eRulemaking Portal (see ADDRESSES
section, below) is 11:59 p.m. Eastern
Time on this date. After October 17,
2011, you must submit information
directly to the Klamath Falls Fish and
Wildlife Office (see FOR FURTHER
INFORMATION CONTACT section below).
Please note that we might not be able to
address or incorporate information that
we receive after the above requested
date.
SUMMARY:
PO 00000
Frm 00043
Fmt 4702
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50971
You may submit
information by one of the following
methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Keyword
box, enter Docket No. [FWS–R8–ES–
2011–0055], which is the docket
number for this action. Then, in the
Search panel on the left side of the
screen, under the Document Type
heading, click on the Proposed Rules
link to locate this document. You may
submit a comment by clicking on ‘‘Send
a Comment or Submission.’’
(2) By hard copy: Submit by U.S. mail
or hand-deliver to: Public Comments
Processing, Attn: FWS–R8–ES–2011–
0055; Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM; Arlington, VA 22203.
We will not accept e-mail or faxes. We
will post all information we receive on
https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see the Request for Information section
below for more details).
FOR FURTHER INFORMATION CONTACT:
Laurie Sada, Field Supervisor, Klamath
Falls Fish and Wildlife Office, by
telephone (541–885–8481), or by
facsimile (541–885–7837). If you use a
telecommunications device for the deaf
(TDD), please call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Request for Information
When we make a finding that a
petition presents substantial
information indicating that listing a
species may be warranted, we are
required to promptly review the status
of the species (status review). For the
status review to be complete and based
on the best available scientific and
commercial information, we request
information on the Leona’s little blue
butterfly from governmental agencies,
Native American Tribes, the scientific
community, industry, and any other
interested parties. We seek information
on:
(1) The species’ biology, range, and
population trends, including:
(a) Habitat requirements for feeding,
breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range,
including distribution patterns;
(d) Historical and current population
levels, and current and projected trends;
and
(e) Past and ongoing conservation
measures for the species, its habitat, or
both.
E:\FR\FM\17AUP1.SGM
17AUP1
Agencies
[Federal Register Volume 76, Number 159 (Wednesday, August 17, 2011)]
[Proposed Rules]
[Pages 50969-50971]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20847]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket Nos. 03-109 and 11-42; CC Docket No. 96-45; DA 11-1346]
Further Inquiry Into Four Issues in the Universal Service
Lifeline/Link Up Reform and Modernization Proceeding
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; solicitation of comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (Commission) sought
public comment on proposed reforms that would assist the Commission in
assessing strategies to increase broadband adoption, without increasing
overall program size. Based on the current record in this proceeding,
four issues in particular merit further inquiry. In this document, the
Commission seeks further inquiry on four issues: designing and
implementing a Lifeline/Link Up broadband pilot program to evaluate
whether and how Lifeline/Link Up can effectively support broadband
adoption by low-income households; limiting the availability of
Lifeline support to one discount per residential address; revising the
definition of Link Up service, as well as the possible reduction of the
$30 reimbursement amount for Link Up support; and improving methods for
verifying continued eligibility for the program. The Commission
believes that this analysis would benefit from further development of
these issues in the record, and therefore seek further comment focused
on these areas.
DATES: Comments are due on or before August 26, 2011. Reply comments
are due on or before September 2, 2011.
ADDRESSES: Interested parties may file comments and reply comments on
or before the dates indicated above. All comments are to reference WC
Docket Nos. 11-42, 03-109, and CC Docket No. 96-45 and may be filed
using: (1) The Commission's Electronic Comment Filing System (ECFS) or
(2) by filing paper copies. See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121, May 1, 1998.
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours
are 8 a.m. to 7 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes must be disposed of before
entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street, SW., Washington, DC 20554.
People with Disabilities: To request materials in accessible formats
for people with disabilities (Braille, large print, electronic files,
audio format), send an e-mail to fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432
(tty). For detailed instructions for where and how to file comments,
see the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Jamie Susskind, Attorney Advisor,
Wireline Competition Bureau, Telecommunications Access Policy Division,
(202) 418-7400 or TTY (202) 418-0484.
SUPPLEMENTARY INFORMATION: To comprehensively reform and modernize the
universal service Lifeline and Link Up programs in light of recent
technological, market, and regulatory changes, on March 4, 2011 the
Commission released the 2011 Lifeline and Link Up Notice of Proposed
Rulemaking (NPRM or 2011 Lifeline and Link Up NPRM), 76 FR 16482, March
23, 2011. The NPRM sought public comment on proposed reforms that would
significantly bolster protections against waste, fraud, and abuse;
control the size of the program; strengthen program administration and
accountability; improve enrollment and outreach efforts; and support
pilot programs that would assist the Commission in assessing strategies
to increase broadband adoption, without increasing overall program
size. Based on the current record in this proceeding, four issues in
particular merit further inquiry: designing and implementing a
Lifeline/Link Up broadband pilot program to evaluate whether and how
Lifeline/Link Up can effectively support broadband adoption by low-
income households; limiting the availability of Lifeline support to one
discount per residential address; revising the definition of Link Up
service, as well as the possible reduction of the $30 reimbursement
amount for Link Up support; and improving methods for verifying
continued eligibility for the program. We believe that the Commission's
analysis would benefit from further development of these issues in the
record, and therefore seek further comment focused on these areas.
1. Broadband Pilot Program
a. Scope of Permissible Funding. We seek comment on the
Commission's statutory authority to permit universal service funds to
be used for such purposes, directly or indirectly, and what other legal
considerations must be addressed before the Commission proceeds with a
broadband pilot program.
b. Consumer Eligibility for Pilot Program. We seek additional
focused comment specifically on whether to maintain the current
eligibility requirements for consumers participating in the pilot
program that are currently used in the low-income program, or whether
to adopt stricter or more permissive eligibility requirements for those
consumers. How might adjusting the eligibility criteria affect our
ability to maximize broadband adoption while providing support that is
sufficient, but not excessive? How would it affect the reliability and
statistical significance of the results of the pilot program? How would
it help the pilot programs yield better data on how to accomplish our
goals of maximizing adoption in low-income communities?
c. Barriers to Consumer Participation in Pilots. The National
Association of Regulatory Utility Commissioners supports a Lifeline/
Link Up broadband
[[Page 50970]]
pilot program and urges the Commission not to require Lifeline/Link Up
broadband service pilot program participants to change local telephone
service providers, purchase bundled broadband and voice services, or
otherwise be penalized when they purchase Lifeline and Link Up
broadband services and enabling access devices. Commenters should
address whether and how the Commission could implement those
recommendations. Commenters are encouraged to provide a legal analysis
to support their positions.
d. Pilot Evaluation. We invite further comment on the structure of
the pilot projects, how to evaluate the results of pilot projects, and
what reporting requirements should be adopted for pilot participants.
i. Should the Commission structure the pilot program so that each
individual participant tests multiple design elements (e.g,, price of
the service, length of the offer, service type, kind of device
connected to the broadband, etc.), or should each participant test a
single variable for comparison against pilots operated by other
participants?
ii. The NPRM recognized that the cost of equipment is a major
barrier to broadband adoption, and proposed to require at least some
participants to provide the necessary hardware. It also proposed to
test the impact of variations in equipment discounts. Should we also
test the impact on adoption and broadband retention when equipment is
leased, as opposed to purchased?
iii. What quantitative metrics could the Commission use to evaluate
whether approaches tested during the pilot program further the proposed
goals of supporting broadband adoption for low-income households and
making broadband affordable while providing support that is sufficient,
but not excessive? For instance, should we assess the total number of
new adopters; new adopters as a percentage of eligible program
participants; cost of support for each new adopter; average percentage
of participants' discretionary income spent on discounted broadband
service through the pilot relative to the national average percentage
of household discretionary income spent on broadband; and/or some other
metric(s)?
iv. How could we evaluate the relative impact of the service
discount compared to other potential factors that could be part of a
comprehensive strategy to increase broadband adoption, such as the
provision of training or equipment? The Commission proposed to develop
information about the cost per participant and cost per new adopter
through the pilot program. This information could assist the Commission
in assessing the costs and benefits of particular approaches to whether
broadband should be supported, and if so, how. We seek further comment
on this proposal and whether there are other types of data that the
Commission should review to evaluate whether a given approach would
provide support that is sufficient but not excessive.
2. One-Per-Residence Limitation
In the 2011 Lifeline and Link Up NPRM, the Commission proposed to
codify a rule that would allow eligible low-income consumers to receive
only one Lifeline and Link Up discount per residential address, and
sought comment on related issues.
a. Defining ``Household'' or ``Residence''. We seek focused comment
on whether a one-per-household or one-per-family rule would provide an
administratively feasible approach to providing Lifeline/Link Up
support, and how the Commission could implement such a rule.
i. Commenters recommend that the Commission adopt a definition of
``household'' that mirrors the definitions used to establish
eligibility for other Federal benefit programs or used by other Federal
agencies. We seek comment on whether any of these definitions, such as
the definition of ``household'' used to establish eligibility for the
Low Income Home Energy Assistance Program (LIHEAP) or the definition
used by the U.S. Census Bureau for surveying purposes, would provide an
administratively feasible option for the Commission to employ to define
who is eligible for Lifeline/Link Up support.
ii. We seek comment on whether, if the Commission ultimately adopts
a one-per-household rule (or a one-per-residential-address rule),
requiring all ETCs to utilize similar procedures when signing up
applicants in unique living situations would be an effective means of
ensuring compliance with such a rule.
iii. MFY Legal Services recommends that the Commission use room
numbers and, if applicable, bed numbers to serve as potentially unique
address identifiers for residents of group living facilities. We seek
comment on this recommendation. If implemented, what types of
information could constitute unique address identifiers? Who should be
responsible for providing such information to the ETC--the consumer or
the group living facility? Are there group living situations where a
unique identifier would not be available, for example a shelter that
houses all of its residents in a single room?
b. Exceptions or Waivers from the ``One-Per-Household'' or ``One-
Per-Residential-Address'' Rule. On May 25, 2011, MFY Legal Services
filed an ex parte presentation that included a copy of the National
Telecommunications and Information Administration's (NTIA) rule
providing a limited waiver of the household-based eligibility process
for the Digital-to-Analog Converter Box Coupon Program to allow
applications from individuals residing in nursing homes, intermediate
care facilities, and assisted living facilities. The NTIA rule waived
the one-per-residence requirement for individuals residing in nursing
homes, intermediate care facilities, and assisted living facilities
licensed by a state, as well as individuals using post office boxes for
mail receipt. Third party designees, such as facility administrators
and family members, were also allowed to apply on behalf of residents.
We seek comment on whether that rule could serve as a model for how to
address such situations in the context of the low-income program. If
the Commission were to adopt a similar rule, what information should
applicants be required to provide to demonstrate they reside in such a
facility?
c. One-per-person for Tribal Residents. Smith Bagley provides
further calculations in its comments as to the costs associated with
providing enhanced Lifeline service to one additional adult per
household on Tribal lands. Smith Bagley projected that, assuming a 100%
take rate, the cost of providing this additional funding would be $77.7
million per year, or just under one percent of the current size of the
overall universal service fund. We seek comment on the analysis
provided by Smith Bagley.
3. Link Up
The NPRM addressed a number of issues regarding Link Up
reimbursement for voice services.
a. Sprint states that the costs associated with initiating phone
service have fallen, noting that ``the ever-increasing level of
automation has reduced the cost of initiating service,'' and proposes
that Link Up support be limited or eliminated. We seek comment on this
proposal.
b. We seek further focused comment on whether the Commission should
provide reimbursement for Link Up only for service initiations that
involve the physical installation of facilities by the provider at the
consumer's residence.
[[Page 50971]]
4. Verification of Consumer Eligibility for Lifeline--Sampling
Methodology
In the 2011 Lifeline and Link Up NPRM, the Commission proposed to
amend Sec. 54.410 of its rules to establish a uniform methodology for
conducting verification sampling that would apply to all ETCs in all
states. The NPRM also asked commenters to consider two proposals for
modifying the existing sampling methodology to more effectively balance
the need for an administratively feasible sampling methodology with the
Commission's obligation to ensure that ineligible consumers do not
receive Lifeline/Link Up benefits. We invite additional comment on this
issue.
a. With respect to the Commission's sample-and-census proposal,
could the Commission implement it in a way that would be more easily
administrable for ETCs, particularly ETCs with a small number of
Lifeline subscribers?
b. TCA proposes that, if the Commission adopts a sample-and-census
rule, carriers with a small number of Lifeline subscribers should be
required to sample fewer consumers than ETCs with a larger number of
Lifeline subscribers. We seek comment on this proposal. Should the
Commission consider a smaller sample size for ETCs with a small number
of Lifeline customers in a given state? What number of respondents
could ETCs with a smaller number of Lifeline customers feasibly sample
in a given year, keeping in mind that reducing the required number of
respondents could result in larger margins of error?
c. Alternatively, should carriers with a small number of Lifeline
subscribers be required to sample only a specified percentage of their
customer base? What would be a reasonable percentage in such cases?
This matter shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentations must contain summaries of the substance
of the presentation and not merely a listing of the subjects discussed.
More than a one or two sentence description of the views and arguments
presented generally is required. Other rules pertaining to oral and
written ex parte presentations in permit-but-disclose proceedings are
set forth in Sec. 1.1206(b) of the Commission's rules.
Federal Communications Commission.
Trent Harkrader,
Division Chief, Wireline Competition Bureau.
[FR Doc. 2011-20847 Filed 8-16-11; 8:45 am]
BILLING CODE 6712-01-P