Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested, 39241-39243 [2012-16125]
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Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Notices
FEDERAL COMMUNICATIONS
COMMISSION
Information Collection(s) Being
Reviewed by the Federal
Communications Commission,
Comments Requested
Federal Communications
Commission.
ACTION: Notice; request for comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burden and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3502–
3520), the Federal Communications
Commission invites the general public
and other Federal agencies to take this
opportunity to comment on the
following information collection(s).
Comments are requested concerning:
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimates; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor
a collection of information unless it
displays a currently valid OMB control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a valid OMB control
number.
SUMMARY:
Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before August 31, 2012.
If you anticipate that you will be
submitting PRA comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Submit your PRA comments
to Judith B. Herman, Federal
Communications Commission, via the
Internet at Judith-b.herman@fcc.gov. To
submit your PRA comments by email
send them to: PRA@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Judith B. Herman, Office of Managing
Director, FCC, at 202–418–0214.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0819.
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DATES:
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Jkt 226001
Title: Lifeline and Link Up Reform
and Modernization, Advancing
Broadband Availability Through Digital
Literacy Training.
Form Number: FCC Form 497; LowIncome Broadband Pilot Program
Reporting Form; Low-Income
Broadband Pilot Program Participation
Form; and FCC Form 555, Annual
Lifeline Eligible Telecommunications
Carrier Certification Form.
Type of Review: Revision of a
currently approved collection.
Respondents: Individuals or
households and business or other forprofit institutions.
Number of Respondents and
Responses: 16,100,940 respondents;
41,828,019 responses.
Estimated Time per Response: .58
hours.
Frequency of Response: On occasion
reporting requirement and third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits.
Total Annual Burden: 24,185,658
hours.
Total Annual Cost: N/A.
Privacy Act Impact Assessment: The
Commission adopted rules that affect
individuals or households, and thus,
there are impacts under the Privacy Act.
As required by the Privacy Act of 1974,
as amended, 5 U.S.C. 552a, the
Commission will create a system of
records notice (SORN) to cover the
collection, storage, maintenance, and
disposal (when appropriate) of any
personally identifiable information that
the Commission may collect as part of
the information collection.
Nature and Extent of Confidentiality:
The Commission is not requesting that
respondents submit confidential
information to the FCC. However,
respondents may request confidential
treatment of their information under 47
CFR 0.459 https://web2.westlaw.com/
find/default.wl?mt=Federal
Government&db=1000547&docname=
47CFRS0.459&rp=%2ffind%2fdefault.
wl&findtype=L&ordoc=0346209484&tc=
-1&vr=2.0&fn=_top&sv=Split&tf=-1&
pbc=B87EBF2A&rs=WLW12.04 of the
Commission’s rules.
Needs and Uses: This collection is
being submitted as a revision to a
currently approved collection. In
January 2012, the Commission adopted
an order reforming and modernizing its
Lifeline universal service program.
Lifeline and Link-Up Reform and
Modernization; Lifeline and Link-Up;
Federal-State Joint Board on Universal
Service; Advancing Broadband
Availability Through Digital Literacy
Training, WC Docket Nos. 11–42, 03–
109, 12–23; CC Docket No. 96–45, FCC
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
39241
12–11. The Commission seeks extension
of previously approved requirements
and approval of additional reforms
adopted in this order.
Previously Approved Collection
Requirements. The order makes a
number of changes to the Lifeline
program, which was approved by OMB
on April 13, 2012. The Commission
seeks an extension of these previously
approved requirements. Specifically, the
order established an interim flat rate for
reimbursement for non-Tribal Lifeline
support and adjusted the amount of
support for TLS and Link Up. These
changes necessitated the need for USAC
to revise its FCC Form 497.
Additionally, the order reduces the
window by which ETCs must file
revisions or original FCC Form 497
submissions from 15 months from the
end of the calendar year to a rolling 12
month window. ETCs will also now be
required to file the FCC Form 497
monthly rather than having the option
of filing either monthly or quarterly.
The Commission also will accelerate
USAC’s payment of low-income support
for carriers filing the FCC Form 497
electronically by a monthly deadline.
The order also adopts a rule, section
54.422, whereby ETCs providing
Lifeline services to low-income
consumers must include information
regarding the company’s holding
company, operating companies,
affiliates, and any branding in their
annual reports to the Commission. In
addition, all ETCs receiving low-income
support are required to annually
provide to the Commission and USAC
general information regarding their
Lifeline plans for voice telephony
service offered specifically for lowincome consumers.
The order requires ETCs (or the state
administrator, where applicable) to
check the program-based eligibility of
new Lifeline subscribers at enrollment
by accessing available state or federal
eligibility databases. Where the
underlying program eligibility data
cannot be accessed, the Commission
requires new Lifeline subscribers to
provide documentation of programbased eligibility, which the entity
enrolling the subscriber should review
(but not retain). Low-income consumers
who qualify based on income are also
required to provide documentation.
Under 47 CFR 54.410(d), ETCs, or the
state administrator, where applicable,
are required to collect an executed
certification form from each qualifying
low-income consumer that includes
consumer identifying information and
attestation from the consumer that they
understand the purpose of the Lifeline
program and their responsibilities in
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02JYN1
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39242
Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Notices
receiving the discounted service. The
order also adopts a rule, 47 CFR
54.410(d)(3)(iii), whereby Lifeline
consumers have 30 days from moving to
a new address within which to notify
their respective ETCs of the change of
residential address.
The order replaces the existing
verification rule contained in 47 CFR
54.409 (c) with a new rule, 47 CFR
54.410(f) requiring ETCs to confirm the
eligibility of all their Lifeline
subscribers on an annual basis. Carriers
may fulfill this requirement by querying
a database maintained by a state agency
or third party for that purpose, when
applicable. This new rule, in
conjunction with 47 CFR 54.405(e)(4),
also requires that consumers who do not
respond to annual re-certification
attempts must be de-enrolled from the
Lifeline program (and the database must
be updated accordingly).
The order directs USAC to continue
with the Duplicate Resolution Process
by identifying and resolving duplicative
Lifeline claims in states identified by
the Wireline Competition Bureau. ETCs
are required to supply subscriber lists
and de-enroll subscribers found to be
duplicates.
The order also adopts a national
database to detect and eliminate
duplicative Lifeline and Link-Up
support. With respect to populating the
duplicates database, the Commission
adopts a rule requiring ETCs, prior to
transmission to the administrator, to
verify and standardize the relevant data,
and transmit the relevant data to the
database administrator in the format
prescribed.
The order also adopts rules with
respect to maintaining the duplicates
database. When notified of any change
of information, ETCs are required to
update the duplicates database within
10 business days. In addition, ETCs are
required to update the database within
one business day of de-enrollment of
any consumer. The Commission seeks
an extension of these previously
approved requirements regarding the
verification, certification and recertification requirements, including
use of databases and participation in the
duplicates process.
The order adopts a rule, 47 CFR
54.405(e)(3), requiring pre-paid ETCs
offering service to subscribers for free to
de-enroll subscribers who fail to ‘‘use’’
the service (as that term is defined in the
order) within 60 consecutive days and
update the duplicates database within
one business day of such de-enrollment.
As described above, ETCs must report
the number of consumers de-enrolled
every month on the revised FCC Form
497. The Commission seeks an
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17:22 Jun 29, 2012
Jkt 226001
extension of these previously approved
requirements.
The order also implements a rule
allowing ETCs and state agencies to
obtain Lifeline subscriber certifications
electronically, including through the
use of interactive voice response
systems, in compliance with the
requirements of the E-Sign Act and the
Government Paperwork Elimination
Act. The E-Sign Act allows the use of
electronic records to satisfy Commission
regulations requiring that such
information be provided in writing, if
the consumer has affirmatively
consented to such use and has not
withdrawn such consent. This rule will
reduce the paperwork burden for ETCs
and state agencies.
The order requires USAC to revise its
existing oversight program (the
Beneficiary Compliance Audit and
Payment Quality Assurance programs)
in light of the new rules. In the order,
the Commission modifies the audit
requirements of 47 CFR 54.420(b) by
requiring USAC to conduct audits of
new ETCs within the first twelve
months of their seeking federal lowincome Universal Service Fund support
within any single state to ensure their
compliance with the rules as well as
assess the company’s internal controls
regarding the regulatory requirements.
The Commission seeks an extension of
these previously approved audit
requirements for new ETCs.
In the order, the Commission forbears
from applying the Act’s facilities
requirement of section 214(e)(1)(A) to
all telecommunications carriers that
seek limited ETC designation to
participate in the Lifeline program,
subject to certain conditions.
Specifically, each carrier must (i)
comply with certain 911 requirements;
and (ii) file, subject to Bureau approval,
a compliance plan providing specific
information regarding the carrier’s
service offerings and outlining the
measures the carrier will take to
implement the obligations contained in
the order.
In the order, the Commission makes
several modifications to the existing
rules regarding designation of Lifelineonly ETCs to eliminate waste and
inefficiency, and to increase
accountability in the program. The
Commission amends section 54.202 to
clarify that Lifeline-only ETCs are not
required to submit a five-year
improvement plan as part of its
application for designation.
The order also amends section 54.202
by requiring carriers seeking to be
designated as a Lifeline-only ETC to
demonstrate their technical and
financial capacity to provide the
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
supported services. Additionally, in the
order the Commission amends section
54.202 to require every ETC receiving
low-income support to annually provide
to the Commission and USAC general
information regarding their Lifeline
plans for voice telephony service offered
specifically for low-income consumers.
Finally, section 54.202 requires that a
carrier seeking to be designated as an
ETC certify that it will comply with the
service requirements applicable to the
support that it receives. The
Commission seeks an extension of these
previously approved requirements
regarding the blanket forbearance grant
for non-facilities-based carriers and the
specific requirements to be designated
as a Lifeline-only ETC.
The order establishes a broadband
pilot program aimed at generating
statistically significant data that will
allow the Commission, ETCs, and the
public to analyze the effectiveness of
different approaches to using Lifeline
funds to making broadband more
affordable for low-income Americans
while providing support that is
sufficient but not excessive. The order
directs the Wireline Competition Bureau
to release a Public Notice setting forth
the application requirements for ETCs
that intend on submitting an application
to participate in the pilot program,
which will be due July 2, 2012. The
Commission seeks an extension of these
previously approved requirements
regarding the collection of information
to be included in applications and
participation in the broadband pilot
program.
Revised Information Collection
Requirements. The Commission seeks
OMB approval to revise the information
collection as follows.
The order requires that ETCs report
the results of their annual recertification
process to USAC utilizing the Annual
Lifeline Eligible Telecommunications
Carrier Certification Form, FCC Form
555.
The order adopts a rule, 47 CFR
54.405(c), requiring all ETCs to include
plain, easy-to-understand language in
all of their Lifeline marketing materials
to explain to consumers that the offering
is a Lifeline supported-service; that
Lifeline is a government assistance
program; that only eligible consumers
may enroll in the program; what
documentation is necessary for
enrollment; and that the program is
limited to one benefit per household,
consisting of either a wireline or
wireless service. Additionally, the order
requires ETCs to disclose the company
name under which it does business and
the details of its Lifeline service
offerings in its Lifeline-related
E:\FR\FM\02JYN1.SGM
02JYN1
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Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Notices
marketing and advertising. ETCs are
required to explain that Lifeline is a
government benefit program, and
consumers who willfully make false
statements in order to obtain the benefit
can be punished by fine or
imprisonment or can be barred from the
program. The Commission seeks
approval of these marketing
requirements as adopted in the order.
The order further modifies the audit
requirements of 47 CFR 54.420(a) by
adopting a new requirement whereby
ETCs drawing more than an aggregate of
$5 million annually from the Lifeline
fund, on a holding company basis, must
conduct biennial independent audits
and present audit reports to the
Administrator, the Commission, and
any applicable state or Tribal
government agency within 90 days of
the issuance of the audit report. The
Commission seeks approval of the
biennial audit requirements as adopted
in the order.
The order authorizes up to $25
million for funding of the Broadband
Pilot Program to be disbursed directly to
ETCs for up to 12 months of subsidized
broadband service either through
bundles of voice and broadband services
or as standalone broadband service. To
receive reimbursement for approved
subsidies, ETCs selected to participate
in the Broadband Pilot Program will
have to complete the Low Income
Broadband Reimbursement Form on a
monthly basis and submit to USAC (i)
any monthly discount of broadband
service; (ii) applicable discount amount
for voice telephony service if the
broadband subscriber is also subscribing
to voice telephony service under the
Lifeline program; and (iii) any nonrecurring fees for broadband provided to
subscribers participating in the Pilot
Program and approved as part of the
pilot program. The Commission seeks
approval of the Low Income Broadband
Reimbursement Form for carriers
participating in the pilot program.
The order also requires ETCs selected
to participate in the Pilot Program to
commit to data gathering and sharing of
subscribers’ anonymized data. USAC
will be tasked with collecting data from
ETCs regarding the ETCs’ projects, and
subscriber demographics and broadband
usage pursuant to a uniform set of
questions set forth in the Low Income
Broadband Pilot Program Reporting
Form. ETCs may collect the data from
subscribers themselves and submit to
USAC, or may request that USAC collect
the subscriber data directly from ETCs’
subscribers. The Commission seeks
approval of the Low Income Broadband
Pilot Program Reporting Form to be
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17:22 Jun 29, 2012
Jkt 226001
used by participants in the pilot
program.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2012–16125 Filed 6–29–12; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notice of information collection
to be submitted to OMB for review and
approval under the Paperwork
Reduction Act.
AGENCY:
In accordance with
requirements of the Paperwork
Reduction Act of 1995 (‘‘PRA’’), 44
U.S.C. 3501 et seq., the FDIC may not
conduct or sponsor, and the respondent
is not required to respond to, an
information collection unless it displays
a currently valid Office of Management
and Budget (OMB) control number. The
FDIC, as part of its continuing effort to
reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on the renewal
of an existing information collection, as
required by the PRA. On April 25, 2012
(77 FR 24711), the FDIC solicited public
comment for a 60-day period on renewal
of the following information collection:
Customer Assistance (OMB No. 3064–
0134). No comments were received.
Therefore, the FDIC hereby gives notice
of submission of its request for renewal
to OMB for review.
DATES: Comments must be submitted on
or before August 1, 2012.
ADDRESSES: Interested parties are
invited to submit written comments to
the FDIC by any of the following
methods:
• https://www.FDIC.gov/regulations/
laws/federal/notices.html.
• Email: comments@fdic.gov. Include
the name of the collection in the subject
line of the message.
• Mail: Leneta G. Gregorie (202–898–
3719), Counsel, Room NYA–5050,
Federal Deposit Insurance Corporation,
550 17th Street NW., Washington, DC
20429.
• Hand Delivery: Comments may be
hand-delivered to the guard station at
the rear of the 17th Street Building
(located on F Street), on business days
between 7:00 a.m. and 5:00 p.m.
SUMMARY:
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
39243
All comments should refer to the
relevant OMB control number. A copy
of the comments may also be submitted
to the OMB desk officer for the FDIC:
Office of Information and Regulatory
Affairs, Office of Management and
Budget, New Executive Office Building,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Leneta G. Gregorie, at the FDIC address
above.
SUPPLEMENTARY INFORMATION: Proposal
to renew the following currently
approved collection of information:
Title: Customer Assistance.
OMB Number: 3064–0134.
Form Number: FDIC 6422/04.
Frequency of Response: On occasion.
Affected Public: Individuals,
Households, Business or financial
institutions.
Estimated Number of Respondents:
15000.
Estimated Time per Response: 0.5
hours.
Total Annual Burden: 7500 hours.
General Description of Collection:
This collection permits the FDIC to
collect information from customers of
financial institutions who have
inquiries or complaints about service.
Customers may document their
complaints or inquiries to the FDIC
using a letter or an optional form (6422/
04). The optional form is being revised
to facilitate on-line completion and
submission of the form and to shorten
FDIC response times by making it easier
to identify the nature of the complaint
and to route the customer inquiry to the
appropriate FDIC contact. In addition, a
second optional form, the Business
Assistance Form, is being added to the
collection to distinguish assistance
requests submitted by individuals and
businesses. Although the information
requested on the two forms is identical,
the FDIC will be better able to correctly
route incoming requests and thereby
reduce response times to those seeking
assistance. A copy of the revised forms
can be accessed via a link directly
beneath this notice on the FDIC’s
Federal Register Citations Web page:
https://www.fdic.gov/regulations/laws/
federal/notices.html.
Request for Comment
Comments are invited on: (a) Whether
the collection of information is
necessary for the proper performance of
the FDIC’s functions, including whether
the information has practical utility; (b)
the accuracy of the estimates of the
burden of the information collection,
including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility, and
E:\FR\FM\02JYN1.SGM
02JYN1
Agencies
[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Notices]
[Pages 39241-39243]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16125]
[[Page 39241]]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Information Collection(s) Being Reviewed by the Federal
Communications Commission, Comments Requested
AGENCY: Federal Communications Commission.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: As part of its continuing effort to reduce paperwork burden
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C.
3502-3520), the Federal Communications Commission invites the general
public and other Federal agencies to take this opportunity to comment
on the following information collection(s). Comments are requested
concerning: whether the proposed collection of information is necessary
for the proper performance of the functions of the Commission,
including whether the information shall have practical utility; the
accuracy of the Commission's burden estimates; ways to enhance the
quality, utility, and clarity of the information collected; ways to
minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology; and ways to further reduce the
information collection burden on small business concerns with fewer
than 25 employees.
The FCC may not conduct or sponsor a collection of information
unless it displays a currently valid OMB control number. No person
shall be subject to any penalty for failing to comply with a collection
of information subject to the Paperwork Reduction Act (PRA) that does
not display a valid OMB control number.
DATES: Written Paperwork Reduction Act (PRA) comments should be
submitted on or before August 31, 2012. If you anticipate that you will
be submitting PRA comments, but find it difficult to do so within the
period of time allowed by this notice, you should advise the FCC
contact listed below as soon as possible.
ADDRESSES: Submit your PRA comments to Judith B. Herman, Federal
Communications Commission, via the Internet at Judith-b.herman@fcc.gov.
To submit your PRA comments by email send them to: PRA@fcc.gov.
FOR FURTHER INFORMATION CONTACT: Judith B. Herman, Office of Managing
Director, FCC, at 202-418-0214.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0819.
Title: Lifeline and Link Up Reform and Modernization, Advancing
Broadband Availability Through Digital Literacy Training.
Form Number: FCC Form 497; Low-Income Broadband Pilot Program
Reporting Form; Low-Income Broadband Pilot Program Participation Form;
and FCC Form 555, Annual Lifeline Eligible Telecommunications Carrier
Certification Form.
Type of Review: Revision of a currently approved collection.
Respondents: Individuals or households and business or other for-
profit institutions.
Number of Respondents and Responses: 16,100,940 respondents;
41,828,019 responses.
Estimated Time per Response: .58 hours.
Frequency of Response: On occasion reporting requirement and third
party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits.
Total Annual Burden: 24,185,658 hours.
Total Annual Cost: N/A.
Privacy Act Impact Assessment: The Commission adopted rules that
affect individuals or households, and thus, there are impacts under the
Privacy Act. As required by the Privacy Act of 1974, as amended, 5
U.S.C. 552a, the Commission will create a system of records notice
(SORN) to cover the collection, storage, maintenance, and disposal
(when appropriate) of any personally identifiable information that the
Commission may collect as part of the information collection.
Nature and Extent of Confidentiality: The Commission is not
requesting that respondents submit confidential information to the FCC.
However, respondents may request confidential treatment of their
information under 47 CFR 0.459 https://web2.westlaw.com/find/default.wl?mt=FederalGovernment&db=1000547&docname=47CFRS0.459&rp=%2ffind%2fdefault.wl&findtype=L&ordoc=0346209484&tc=-1&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=B87EBF2A&rs=WLW12.04 of the Commission's rules.
Needs and Uses: This collection is being submitted as a revision to
a currently approved collection. In January 2012, the Commission
adopted an order reforming and modernizing its Lifeline universal
service program. Lifeline and Link-Up Reform and Modernization;
Lifeline and Link-Up; Federal-State Joint Board on Universal Service;
Advancing Broadband Availability Through Digital Literacy Training, WC
Docket Nos. 11-42, 03-109, 12-23; CC Docket No. 96-45, FCC 12-11. The
Commission seeks extension of previously approved requirements and
approval of additional reforms adopted in this order.
Previously Approved Collection Requirements. The order makes a
number of changes to the Lifeline program, which was approved by OMB on
April 13, 2012. The Commission seeks an extension of these previously
approved requirements. Specifically, the order established an interim
flat rate for reimbursement for non-Tribal Lifeline support and
adjusted the amount of support for TLS and Link Up. These changes
necessitated the need for USAC to revise its FCC Form 497.
Additionally, the order reduces the window by which ETCs must file
revisions or original FCC Form 497 submissions from 15 months from the
end of the calendar year to a rolling 12 month window. ETCs will also
now be required to file the FCC Form 497 monthly rather than having the
option of filing either monthly or quarterly. The Commission also will
accelerate USAC's payment of low-income support for carriers filing the
FCC Form 497 electronically by a monthly deadline.
The order also adopts a rule, section 54.422, whereby ETCs
providing Lifeline services to low-income consumers must include
information regarding the company's holding company, operating
companies, affiliates, and any branding in their annual reports to the
Commission. In addition, all ETCs receiving low-income support are
required to annually provide to the Commission and USAC general
information regarding their Lifeline plans for voice telephony service
offered specifically for low-income consumers.
The order requires ETCs (or the state administrator, where
applicable) to check the program-based eligibility of new Lifeline
subscribers at enrollment by accessing available state or federal
eligibility databases. Where the underlying program eligibility data
cannot be accessed, the Commission requires new Lifeline subscribers to
provide documentation of program-based eligibility, which the entity
enrolling the subscriber should review (but not retain). Low-income
consumers who qualify based on income are also required to provide
documentation. Under 47 CFR 54.410(d), ETCs, or the state
administrator, where applicable, are required to collect an executed
certification form from each qualifying low-income consumer that
includes consumer identifying information and attestation from the
consumer that they understand the purpose of the Lifeline program and
their responsibilities in
[[Page 39242]]
receiving the discounted service. The order also adopts a rule, 47 CFR
54.410(d)(3)(iii), whereby Lifeline consumers have 30 days from moving
to a new address within which to notify their respective ETCs of the
change of residential address.
The order replaces the existing verification rule contained in 47
CFR 54.409 (c) with a new rule, 47 CFR 54.410(f) requiring ETCs to
confirm the eligibility of all their Lifeline subscribers on an annual
basis. Carriers may fulfill this requirement by querying a database
maintained by a state agency or third party for that purpose, when
applicable. This new rule, in conjunction with 47 CFR 54.405(e)(4),
also requires that consumers who do not respond to annual re-
certification attempts must be de-enrolled from the Lifeline program
(and the database must be updated accordingly).
The order directs USAC to continue with the Duplicate Resolution
Process by identifying and resolving duplicative Lifeline claims in
states identified by the Wireline Competition Bureau. ETCs are required
to supply subscriber lists and de-enroll subscribers found to be
duplicates.
The order also adopts a national database to detect and eliminate
duplicative Lifeline and Link-Up support. With respect to populating
the duplicates database, the Commission adopts a rule requiring ETCs,
prior to transmission to the administrator, to verify and standardize
the relevant data, and transmit the relevant data to the database
administrator in the format prescribed.
The order also adopts rules with respect to maintaining the
duplicates database. When notified of any change of information, ETCs
are required to update the duplicates database within 10 business days.
In addition, ETCs are required to update the database within one
business day of de-enrollment of any consumer. The Commission seeks an
extension of these previously approved requirements regarding the
verification, certification and re-certification requirements,
including use of databases and participation in the duplicates process.
The order adopts a rule, 47 CFR 54.405(e)(3), requiring pre-paid
ETCs offering service to subscribers for free to de-enroll subscribers
who fail to ``use'' the service (as that term is defined in the order)
within 60 consecutive days and update the duplicates database within
one business day of such de-enrollment. As described above, ETCs must
report the number of consumers de-enrolled every month on the revised
FCC Form 497. The Commission seeks an extension of these previously
approved requirements.
The order also implements a rule allowing ETCs and state agencies
to obtain Lifeline subscriber certifications electronically, including
through the use of interactive voice response systems, in compliance
with the requirements of the E-Sign Act and the Government Paperwork
Elimination Act. The E-Sign Act allows the use of electronic records to
satisfy Commission regulations requiring that such information be
provided in writing, if the consumer has affirmatively consented to
such use and has not withdrawn such consent. This rule will reduce the
paperwork burden for ETCs and state agencies.
The order requires USAC to revise its existing oversight program
(the Beneficiary Compliance Audit and Payment Quality Assurance
programs) in light of the new rules. In the order, the Commission
modifies the audit requirements of 47 CFR 54.420(b) by requiring USAC
to conduct audits of new ETCs within the first twelve months of their
seeking federal low-income Universal Service Fund support within any
single state to ensure their compliance with the rules as well as
assess the company's internal controls regarding the regulatory
requirements. The Commission seeks an extension of these previously
approved audit requirements for new ETCs.
In the order, the Commission forbears from applying the Act's
facilities requirement of section 214(e)(1)(A) to all
telecommunications carriers that seek limited ETC designation to
participate in the Lifeline program, subject to certain conditions.
Specifically, each carrier must (i) comply with certain 911
requirements; and (ii) file, subject to Bureau approval, a compliance
plan providing specific information regarding the carrier's service
offerings and outlining the measures the carrier will take to implement
the obligations contained in the order.
In the order, the Commission makes several modifications to the
existing rules regarding designation of Lifeline-only ETCs to eliminate
waste and inefficiency, and to increase accountability in the program.
The Commission amends section 54.202 to clarify that Lifeline-only ETCs
are not required to submit a five-year improvement plan as part of its
application for designation.
The order also amends section 54.202 by requiring carriers seeking
to be designated as a Lifeline-only ETC to demonstrate their technical
and financial capacity to provide the supported services. Additionally,
in the order the Commission amends section 54.202 to require every ETC
receiving low-income support to annually provide to the Commission and
USAC general information regarding their Lifeline plans for voice
telephony service offered specifically for low-income consumers.
Finally, section 54.202 requires that a carrier seeking to be
designated as an ETC certify that it will comply with the service
requirements applicable to the support that it receives. The Commission
seeks an extension of these previously approved requirements regarding
the blanket forbearance grant for non-facilities-based carriers and the
specific requirements to be designated as a Lifeline-only ETC.
The order establishes a broadband pilot program aimed at generating
statistically significant data that will allow the Commission, ETCs,
and the public to analyze the effectiveness of different approaches to
using Lifeline funds to making broadband more affordable for low-income
Americans while providing support that is sufficient but not excessive.
The order directs the Wireline Competition Bureau to release a Public
Notice setting forth the application requirements for ETCs that intend
on submitting an application to participate in the pilot program, which
will be due July 2, 2012. The Commission seeks an extension of these
previously approved requirements regarding the collection of
information to be included in applications and participation in the
broadband pilot program.
Revised Information Collection Requirements. The Commission seeks
OMB approval to revise the information collection as follows.
The order requires that ETCs report the results of their annual
recertification process to USAC utilizing the Annual Lifeline Eligible
Telecommunications Carrier Certification Form, FCC Form 555.
The order adopts a rule, 47 CFR 54.405(c), requiring all ETCs to
include plain, easy-to-understand language in all of their Lifeline
marketing materials to explain to consumers that the offering is a
Lifeline supported-service; that Lifeline is a government assistance
program; that only eligible consumers may enroll in the program; what
documentation is necessary for enrollment; and that the program is
limited to one benefit per household, consisting of either a wireline
or wireless service. Additionally, the order requires ETCs to disclose
the company name under which it does business and the details of its
Lifeline service offerings in its Lifeline-related
[[Page 39243]]
marketing and advertising. ETCs are required to explain that Lifeline
is a government benefit program, and consumers who willfully make false
statements in order to obtain the benefit can be punished by fine or
imprisonment or can be barred from the program. The Commission seeks
approval of these marketing requirements as adopted in the order.
The order further modifies the audit requirements of 47 CFR
54.420(a) by adopting a new requirement whereby ETCs drawing more than
an aggregate of $5 million annually from the Lifeline fund, on a
holding company basis, must conduct biennial independent audits and
present audit reports to the Administrator, the Commission, and any
applicable state or Tribal government agency within 90 days of the
issuance of the audit report. The Commission seeks approval of the
biennial audit requirements as adopted in the order.
The order authorizes up to $25 million for funding of the Broadband
Pilot Program to be disbursed directly to ETCs for up to 12 months of
subsidized broadband service either through bundles of voice and
broadband services or as standalone broadband service. To receive
reimbursement for approved subsidies, ETCs selected to participate in
the Broadband Pilot Program will have to complete the Low Income
Broadband Reimbursement Form on a monthly basis and submit to USAC (i)
any monthly discount of broadband service; (ii) applicable discount
amount for voice telephony service if the broadband subscriber is also
subscribing to voice telephony service under the Lifeline program; and
(iii) any non-recurring fees for broadband provided to subscribers
participating in the Pilot Program and approved as part of the pilot
program. The Commission seeks approval of the Low Income Broadband
Reimbursement Form for carriers participating in the pilot program.
The order also requires ETCs selected to participate in the Pilot
Program to commit to data gathering and sharing of subscribers'
anonymized data. USAC will be tasked with collecting data from ETCs
regarding the ETCs' projects, and subscriber demographics and broadband
usage pursuant to a uniform set of questions set forth in the Low
Income Broadband Pilot Program Reporting Form. ETCs may collect the
data from subscribers themselves and submit to USAC, or may request
that USAC collect the subscriber data directly from ETCs' subscribers.
The Commission seeks approval of the Low Income Broadband Pilot Program
Reporting Form to be used by participants in the pilot program.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2012-16125 Filed 6-29-12; 8:45 am]
BILLING CODE 6712-01-P